Providing services to those who need them most

Annual Report 2023–24

Introduction

We continually review and amend our eligibility policies to reflect changes in the legal system and ensure we target our limited resources to those most in need.

Removing barriers for care and protection clients

We moved our early intervention care and protection work into early resolution assistance (ERA). ERA services are quick and low-cost and have streamlined application and administration processes for both clients and lawyers.

This change ensures that our vulnerable clients and their families can easily access early intervention care mediations for contact dispute mediations, pre- and post-filing adoption mediations and services under the early intervention mediation pilot.

Expanding extended legal assistance to keep clients out of gaol

We expanded eligibility for extended legal assistance to allow us to help clients vary or remove a condition of a parole order or an intensive corrections order (ICO). Ensuring parole and ICO conditions are suitable is important, as clients end up in gaol if they do not follow them.

Making these changes connects with the work we are doing on our Closing the Gap pilot project, which aims to reduce the number of Aboriginal people who are in gaol for breaching ICOs.

Amending our Family Law Property Policy in response to research

We made significant changes to the Family Law Property Policy, moving from a traditional approach to property, in which we assist those retaining their home, to an evidence-based approach that meets the needs of our most disadvantaged clients.

The policy recognises that those experiencing domestic violence or family violence, who live with a disability, or who are over 55 years of age are at high risk of falling into poverty post-separation. To achieve the best outcomes for these clients, we shifted to an approach that looks at the value of the ‘pool of assets’, which will be sold as part of the property proceedings; instead of focusing solely on homes. The changes allow us to promote women’s economic security in a fairer and more realistic way.

Changing our policies to reflect the Civil Law Blueprint

Following the launch of the Civil Law Blueprint, the Client Eligibility Unit worked closely with the Civil Law Division to adjust our policies to reflect the blueprint’s priorities.

We introduced changes that target our eligibility policies to people experiencing deep and persistent disadvantage, using fundamental needs as a way of understanding a person’s disadvantage and ongoing risk of disadvantage. You can read more about the policy changes we made to reflect the goals of the blueprint in Our 2023–24 performance highlights.

Improving transparency and consistency by developing a fee scale for experts

We finalised a review of the expert fees paid across all areas of our work. We consulted widely with psychologists, neuropsychologists and psychiatrists who prepare reports for legally aided clients to understand their experiences working for us and the fees we pay.

We identified ways to increase consistency in fees paid across different jurisdictions and improve transparency about the fees available for experts in certain matters.

Next year, we will seek Board approval for the recommended changes to the fee scale and continue to advocate for additional funding so we can increase the fees paid to experts who work with us.

Modernising the language we use to describe disability in our eligibility policies

We have changed how we describe disability in our ‘at special disadvantage test’, which is used to determine eligibility for legal aid in some Local Court criminal matters and apprehended violence order (AVO) matters.

The test had not been updated since the early 1980s, and the language used to describe disability was dated. The revised language of “mental health impairment” and “cognitive impairment” mirrors the language in the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) and the final report of the disability royal commission.

Partnerships that deliver the best possible outcomes for our clients

Fee increases for private lawyers working on state-based matters

In 2023–24, we implemented another increase in fees paid to private lawyers helping clients with state-based criminal, family and civil law matters.

From 1 July 2023, the rate for solicitors increased from $180 to $195 per hour and fees for barristers increased by 8.3 percent. These were the last of four annual increases funded from an additional $88 million allocated to Legal Aid NSW in 2019. In 2024, this funding was continued to allow for fees to remain at this level for a further four years.

Fee increases for private lawyers working in family law

In May 2024, we made some changes to the fee scale for family law matters, providing additional hours for court-based mediation and other stages of the court process. These changes apply to lawyers who are acting for both the people involved in a separation and to independent children’s lawyers (ICLs).

The changes acknowledged the work that is required of lawyers to ensure a successful mediation, the additional work required in acting for parties in property matters, and the work required by ICLs to meet with children.

Fee increases for private lawyers working on Commonwealth criminal cases

In May 2024, we increased the rates payable to private lawyers working on all types of Commonwealth criminal law matters from $150 to $195 per hour, aligning them with the rates in state matters.

The year ahead

We will review our means test to better align our income and asset tests with the cost of living in 2025 and beyond.
We will implement a new fee scale for expert fees that is consistent across different jurisdictions.
We will continue to ensure our eligibility policies target those experiencing disadvantage.
We will improve our systems and technology to make applying for, administering and providing legal aid quicker, simpler and more transparent.