The Board of Legal Aid NSW comprises 10 members, including the Chair and the CEO of Legal Aid NSW. The members of the Board determine our broad policies and strategic priorities, and they monitor risks.

Meetings of the Board

The Board held seven meetings in 2022–23.

Engagement with the Board

The Board is advised by:

  • the Legal Aid NSW Audit and Risk Committee (ARC), which advises on budgetary and internal audit matters, and other areas of organisational risk, and
  • the Closing the Gap Project Board, which monitors and guides our strategies to meet the socio-economic outcome targets under Closing the Gap.

At each meeting the Board is provided with financial statements, the minutes from ARC meetings and reports on complaints, safety, health and wellbeing, cybersecurity, organisational performance and achievements against the Strategic Plan.

Decisions of the Board 2022–23

30 August 2022

  • Approved a policy to narrow the circumstances in which independent children’s lawyers are funded and reduce funding for drug testing assessments in family law matters.
  • Approved a new policy to provide legal aid for responding to an application to the court for mandatory testing orders for vulnerable third parties under section 14 of the Mandatory Disease Testing Act 2021 (NSW).
  • Endorsed the Project Respect project plan.
  • Approved the establishment of the Racism and Inclusion Special Consultative Committee (RISCC) to advise the Board and Legal Aid NSW on issues of cultural safety, diversity and inclusion, racism and discrimination and identify any potential risks to the organisation.
  • Noted the additional services funded under the National Legal Assistance Partnership Agreement for the period 2022 to 2025.
  • Noted the introduction of a revised intake and triage framework under the One Legal Aid model.
  • Noted Aboriginal Cultural Safety initiatives and the expansion of the Aboriginal Field Officer program.

25 October 2022

  • Approved nominations for appointment to the Legal Aid Review Committee for the period 1 January 2023 to 31 December 2024.
  • Approved a civil law policy amendment to remove the merit test for further review proceedings for involuntary patients appearing before the Mental Health Review Tribunal under section 37(1)(c) of the Mental Health Act 2007 (NSW).
  • Noted workforce diversity targets and our updated flexible work policy.

28 November 2022

  • Noted that the Attorney General had approved an extension of Mr Michael Coleman as the ARC Chair and Mr Peter Whitehead as an ARC member to 28 October 2023.
  • Noted that Ms Tasneem Chopra AO had agreed to be Co-Chair of the RISCC.

28 February 2023  

  • Acknowledged the work of the ARC.
  • Noted the proposal to alter the structure of the Executive.
  • Approved provision of extended legal assistance for complex fines matters.
  • Approved changes to the means test to:
    • increase the current income and asset test variable amounts
    • remove an element of the Ability to Pay Test
    • include the Family Tax Benefit and Rent Assistance as income and the Department of Veterans' Affairs Aged Pension as a Centrelink Support payment, and
    • introduce new means test discretions. 
  • Noted information was provided concerning private practitioner fees, achievements against the Domestic and Family Violence Plan 2021–23, and a decision made concerning the recovery of costs in criminal matters.

31 March 2023 (ad-hoc meeting)

  • Approved the revised Legal Aid NSW Board Charter and Code of Conduct.

18 April 2023  

  • Approved a Criminal Law Expert Fee Scale which increased the standard rates for engaging psychologists, psychiatrists and neuropsychologists in legally aided criminal law matters.
  • Noted the actions arising from the RISCC.
  • Noted that the Grants Simplification Project approved in October 2021 was completed. 
  • Noted the Civil Law Blueprint setting out the future direction of the Civil Law Division.
  • Noted the culturally and linguistically diverse cultural competency implementation plan for the Early Intervention Unit and Domestic Violence Unit.

27 June 2023  

  • Approved amendments to care and protection policies and guidelines to reflect right to be heard and joinder applications, and amended the means test and fees for these matters.
  • Approved an increase in the fees payable to independent children’s lawyers for preparation and appearance prior to hearings.
  • Approved the appointment of Ms Nicola Davis to replace Mr Peter Whitehead as a member of the ARC.
  • Approved the Strategic Plan 2023–28.
  • Noted information the was provided on the impact of driving unlicensed on Aboriginal people in rural and remote communities, payment of fees for neuropsychologists in criminal matters, a service freeze announced by the Aboriginal Legal Service (ACT/NSW), and the Voice to Parliament Referendum.
  • Noted the Inclusive Assessment Project report.