Means Test

The Means Test sets out principles and indicators for income-testing and asset-testing applicants for legal aid to:

• assess whether an applicant's income and assets make them eligible to receive legal aid;
• if eligible,
  • assess the initial contribution payable by the applicant towards the costs of the legal aid sought: see s 36(1)(a) of the Legal Aid Commission Act 1979,
  • assess the contribution payable by the applicant if an order for costs is made against him or her: see s 36(1)(b) of the Legal Aid Commission Act 1979.

The Means Test is not the sole determinant of an applicant's eligibility for legal aid. Eligibility is also determined by other factors, for example, whether or not legal aid is available for the type of matter for which aid is sought, or whether or not the applicant's case has reasonable prospects of success.

The Means Test applies for the duration of a grant of legal aid. Where a legally aided person’s circumstances change, their means must be reassessed. This includes where the legally aided person:

• is released on bail,
• gains, loses or changes employment or Centrelink payment, or
• experiences any other change in financial circumstances.