2.4 Appeals and Reviews

2.4.1.1 - Appeals to the District Court

Legal aid is available for appeals from the Local Court to the District Court sitting in its criminal jurisdiction.

To be eligible for legal aid the applicant must satisfy:

  • the Simplified Means Test,
  • the Merit Test,
  • it is a type of matter for which legal aid is available in the Local Court proceedings,
  • Legal Aid NSW is satisfied that it is an appropriate expenditure of limited public funds (Criminal law guideline 2.8), and
  • if it is a severity appeal, it is an appeal against a term of imprisonment (Criminal law guideline 2.7) or Legal Aid NSW is satisfied that there are exceptional circumstances.

Legal Aid NSW officers authorised under Clause 8 of the Delegation Instrument can determine applications for legal aid in these matters.

Note: Exceptional circumstances would include where the applicant is an Aboriginal woman.

2.4.1.2 - Appeals to the Supreme Court

Legal aid is available for appeals from decisions of Magistrates in the Local Court to the Supreme Court.

To be eligible for legal aid the applicant must satisfy:

Legal Aid NSW officers authorised under the Clause 8 of the Delegation Instrument can determine applications for legal aid in these matters.

2.4.2.1 - Appeals to the NSW Court of Criminal Appeal and the High Court of Australia

Legal aid is available for appeals to the NSW Court of Criminal Appeal and the High Court of Australia.

To be eligible for legal aid the applicant must satisfy:

See Costs and fees guideline 6.1.3 on costs for transcripts in indictable appeals.

Legal Aid NSW officers authorised under Clause 8 of the Delegation Instrument can determine applications for legal aid in these matters

Note: See Criminal law guideline 2.1.1 for guidance on considering whether there are reasonable prospects of success for a conviction appeal to the Court of Criminal Appeal.

Note: See Criminal law guideline 2.1.2 for guidance on considering whether the applicant satisfies the Merit Test for responding to a Crown sentence appeal to the Court of Criminal Appeal.

2.4.2.2 -Appeals under s5F of the Criminal Appeal Act 1912 (NSW)

Legal aid is available for an appeal under s5F of the Criminal Appeal Act 1912 (NSW).

To be eligible for legal aid the applicant must satisfy:

  • the Means Test
  • the Merit Test
  • Legal Aid NSW is satisfied that it is an appropriate expenditure of limited legal aid funds (Crime guideline 2.8), and
  • there is a significant issue of public interest and the circumstances are sufficiently exceptional to justify a grant of aid.

Legal Aid NSW officers authorised under Clause 9 of the Delegation Instrument can determine applications for legal aid in these matters.

Note: See Criminal law guideline 2.1.2 for guidance on considering whether the applicant satisfies the Merit Test for responding to an appeal to the NSW Court of Criminal Appeal.

2.4.2.3 - Appeals following a retrial

Legal aid is available for an appeal following a retrial.

To be eligible for legal aid the applicant must satisfy:

2.4.3.1 - Part 7 of the Crimes (Appeal and Review) Act 2001 (NSW)

Legal aid is not available for proceedings under Part 7 of the Crimes (Appeal and Review) Act 2001 (NSW) for applications received on or after 30 July 2026.  

See Criminal law policy 2.10 When legal aid is not available.

2.4.3.2 - Repealed
2.4.3.3 - Repealed

Date last published: 30 July 2026

Legal aid is available to a person who has been acquitted of an offence and who is the subject of an application made by the Director of Public Prosecutions under Part 8 of the Crimes (Appeal and Review) Act 2001 (NSW).

To be eligible for legal aid the applicant must satisfy: