6. Special circumstances: applicants in custody with indictable matters

There is discretion under the Means Test to waive the requirement to verify means in special circumstances (see Means Test 10.6: Discretion to waive verification).

Where the applicant for legal aid is in custody with an indictable matter, in determining whether there are special circumstances, Legal Aid NSW will take into account:

  • the only asset the applicant discloses is $1500 cash or less,
  • the applicant does not have a FAP,
  • the applicant discloses they received a Centrelink income support payment at the maximum rate until they entered custody,

and the applicant is a person who has substantial difficulty producing verification documents including by reason of a:

  • mental health impairment,
  • cognitive impairment,
  • physical disability, and/or
  • does not have a trusted person that can gather verification documents on their behalf.

 

Note: Where a legally aided person is released from custody, their means must be reassessed and verified. See Means Test for details.