2.10. When legal aid is not available for criminal matters

Legal aid is not available for the following types of matters:

• respondents in victims compensation matters in the Local, District, or Supreme Court or the Victims Compensation Tribunal;
• proceedings under the Confiscation of Proceeds of Crime Act 1989 (NSW) and other legislation related to tainted monies/property;
• applications for Apprehended Personal Violence Orders (unless the applicant for legal aid is a child- Criminal law policy 1.3 Children: Apprehended Personal Violence Orders);
• for a person to commence proceedings in the Local Court except for Apprehended Domestic Violence Order proceedings;
• where Legal Aid NSW is satisfied that the defence for a Local Court defended hearing is frivolous or has no possible prospects of success;
• proceedings under s.5 of the Crimes (Appeal and Review) Act 2001 (NSW) for an application to the Attorney General for annulment of a Local Court conviction or sentence;
• proceedings under Part 7 of the Crimes (Appeal and Review) Act 2001 (NSW) for applications received on or after 30 July 2026.