4.2 Child Protection (Working with Children) Act 2012 (NSW)

4.2.1 - Proceedings in the NSW Civil and Administrative Tribunal

Legal aid is available to applicants for proceedings under Part 4 of the Child Protection (Working with Children) Act 2012 (NSW) in the NSW Civil and Administrative Tribunal.

To be eligible for legal aid the applicant must satisfy:

• the Means Test,
• the Merit Test, and
  

either

• the applicant's employment or potential employment is affected by the clearance decision or disqualification, or
• the applicant is an ‘authorised carer’ or prospective ‘authorised carer’, or
• Legal Aid NSW is satisfied there are exceptional circumstances.

See Civil law guideline 4.4 on grants of aid for test cases.

4.2.2 - Appeals from a decision of the NSW Civil and Administrative Tribunal

Legal aid is available for appeals from a decision of the NSW Civil and Administrative Tribunal (NCAT) under Part 4 of the Child Protection (Working with Children) Act 2012 (NSW).

To be eligible for legal aid the applicant must satisfy:

• the Means Test,
• the Merit Test, and
  
• it is a type of matter for which legal aid is available in the NCAT.