Why are changes being made?
Like all government agencies, we are required to ensure our funding is properly administered to fulfil our mandate under the Legal Aid Commission Act 1979 (NSW).
Over recent months, Legal Aid NSW has introduced a number of changes to policies, guidelines and service delivery arrangements. Further changes will commence on 12 October 2026, including changes to:
Please refer back to this page regularly for updates and additional information.
Mental Health Review Tribunal (MHRT)
From 12 October 2026, Legal Aid NSW will reduce civil mental health duty services in the MHRT.
Assistance will continue to be provided for:
- mental health inquiries pursuant to section 34 of the Mental Health Act 2007 (NSW) for people who are involuntarily detained in a mental health facility, and
- children and young people under 16 years for all matters before the MHRT.
Where a client has another civil proceeding being heard at the same time as a mental health inquiry, such as an application for electroconvulsive therapy (ECT), representation will be provided in both matters. We will also continue to represent forensic patients.
Family Dispute Resolution (FDR)
From 12 October 2026, changes will be introduced to FDR services.
Key changes include:
- We are limiting family law Early Resolution Assistance (ERA) services to one service per matter per year unless there are exceptional circumstances.
- There will also be a threshold range on the asset pool in property settlement matters for parties; the net value of the asset pool must be between $40,000 and $850,000 to be eligible to participate in mediation through an ERA.
- Parties who are applying for legal aid to begin parenting proceedings will no longer need to have participated in mediation with Legal Aid NSW. Instead, they must have attended lawyer-assisted mediation with Legal Aid NSW or another provider in the last 12 months, unless mediation cannot be attended as their matter is urgent.
- Legal Aid NSW services in court-ordered mediations and litigation intervention conferences will be limited to matters where an ICL has been appointed and at least one party is legally aided.
- The $25 general disbursement will no longer be available for ERA matters. There are no changes to other available disbursements, including interpreter costs and valuation expenses.
Simplified Means Test
From 30 July 2026, the household income amounts in the Simplified Means Test (SMT) are reduced. Only clients receiving Centrelink or an equivalent (or lower) income will be eligible for legal aid under the SMT.
| Household type | Eligible income limits up to 29 July 2026 | Eligible income limits from 30 July 2026 | ||
|---|---|---|---|---|
| Weekly gross income | Annual gross income | Weekly gross income | Annual gross income | |
| Single person household | $1,157 | $60,160 | $670 | $34,840 |
| Couple only household | $1,365 | $71,000 | $920 | $47,840 |
| Single person with children | $1,933 | $100,490 | $1,376 | $71,552 |
| Couple with children | $2,145 | $112,020 | $1,670 | $86,840 |
The SMT and related household income limits apply to applications for legal aid for:
- Summary Crime matters
- District Court Appeals
- Apprehended Violence Orders (AVOs / PINOP)
- Civil law matters in the NSW Civil and Administrative Tribunal (NCAT)
- Civil law matters in the Administrative Review Tribunal (ART)
Where an applicant is in custody, they need to satisfy the Income Test and Assets Test to be eligible under the SMT. The Income Test is satisfied if they do not have a Financially Associated Person (FAP) and the Asset Test is satisfied if they have less than $10,000 in cash assets.
For more information, see Changes to the Simplified Means Test.
Client contribution
There are some exempted matters where an applicant is not required to pay an initial contribution. See Exempted matters for details.
Client contributions for ERA and Simplified Means Test (SMT)
From 30 July 2026, unless a client is in custody or detention, the minimum $75 initial contribution will be imposed for:
- Early Resolution Assistance (ERA)
- Matters where the SMT applies
There is no discretion to reduce or waive the initial or final contribution.
Client contributions for matters outside of ERA and Simplified Means Test (SMT)
There is limited discretion to reduce or waive the initial or final contribution.
- Initial contributions: In extraordinary circumstances, a Deputy Director or above may consider a reduction or wavier.
- Final contributions: A client may seek a review of the decision under s46 (final contribution) through the Chief Executive Officer (CEO).
Note: Applicants who are in custody or detention and have a $75 contribution imposed are exempt from paying the contribution.
Family law property settlements
In family law property settlement matters, where there is no charge agreement, the client will be required to sign an Irrevocable Authority.
Note: The implementation date for Irrevocable Authority changes for Civil is to be confirmed.
For more information, see the Changes to discretion under the Contributions policy and Contributions (SMT and ERA matters).
General disbursements
From 30 July 2026, the amount approved for practitioners to claim general disbursements will be reduced. General disbursements that are claimed must be directly related to the client’s matter. Practitioners must retain proof of expenditure as matters may be audited.
Changes in ATLAS and LA Apply
For Mental Health matters, no general disbursements are available on the application template. There is a $25 general disbursement available by submitting an extension.
For summary Crime matters, no general disbursements are available on the application template. There is a $25 general disbursement available by submitting an extension.
For Indictable matters, there is no change to general disbursements.
For Care and protection and Commonwealth family law matters, there is no change to disbursements.
Specific matters relating to Crime
Part 7 Crime matters
From 30 July 2026, Legal Aid is no longer available for proceedings under Part 7 of the Crimes (Appeal and Review) Act 2001 (NSW).
For more information, see Changes to Criminal law policy: Part 7 matters.
Early Appropriate Guilty Plea (EAGP)
Since the commencement of the EAGP reforms, Legal Aid NSW has funded counsel pre-committal in a higher proportion of matters than was originally anticipated for in the overall funding.
From 4 August 2026, to better align with the original intent of the EAGP reforms and ensure the sustainability of criminal law services, Legal Aid NSW will return to the intended proportion of EAGP matters in which counsel is funded prior to committal. This change does not impact the importance of early engagement, meaningful negotiations and effective case conferencing. Legal Aid NSW remains committed to supporting the objectives of the EAGP scheme.
For further information about these changes, see Changes to EAGP guidelines.
Resources
You can access the ‘ERA and FDR policy changes’ recorded webinar by logging in to SuccessFactors and searching for course ID 553.
You can also download the training slides as a PDF in English below.
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