Step by step guide to Legal Aid NSW eligibility policies
Figure 1: Legal Aid NSW eligibility test for criminal appeals to the NSW Criminal Court of Appeal and the High Court
Step 1:
Means Test
- Income < $400 per week
- Assets < $1,500
See Policy online 4.13.1
Step 2:
Unpaid Contributions Test
- No aid if outstanding debt not paid within specified timeframe
See Policy online 4.13.1
Step 3:
Merit Test A
- Is it reasonable in all of the circumstances to grant aid?
- Nature and extent of benefit to applicant, or
- Disadvantage / harm if refused AND
- Reasonable prospects of success
See Policy online 4.13.1
Step 4:
Availability of Funds Test
- Not applicable at present
See Policy online 4.13.1
Step 5:
Appropriate expenditure of limited public legal aid funds
- Whether costs are warranted by likely benefit to the applicant or, in some circumstances, the community
See Criminal Guideline 1.2
Step 6:
Sentence Matters
- Is only an appropriate use of funds if non-parole period will not expire before appeal could be prepared
- Where constitutional issues, Director Crime or Grants must consult with CEO
See Criminal Law Procedures manual
Step 7:
High Court only
- Full merit advice
- Director Crime or Grants to approve, including addressing whether case is good use of limited public funds
- Director to consult with CEO in appropriate cases
See Criminal Law Procedures manual