Family - Extended Legal Assistance (ELA)

Extended Legal Assistance (ELA) is an early intervention service provided by the in-house practice only unless the ELA funding is for a s90 Merit Advice set out below at 4. Section 90 merit advice.

Family ELA: core areas of legal aid work

1. Adoption

Extended Legal Assistance is available to assist with the early stages of adoption.

To be eligible for Extended Legal Assistance the applicant must satisfy:

• ELA Means Test,
• The Vulnerable Person Test (Family ELA guideline 1.1), and
• Have a sufficient interest in the welfare of the child (Family ELA guideline 2.1). 

2. Child support

Extended Legal Assistance is available to assist with child support disputes.

To be eligible for Extended Legal Assistance the applicant must satisfy:

• The Vulnerable Person Test (Family ELA guideline 1.2).

3. Care and protection - early intervention

Extended Legal Assistance is available to assist with care and protection early intervention processes.

To be eligible for Extended Legal Assistance the applicant must satisfy:

• The Vulnerable Person Test (Family ELA guideline 1.3), and
• Have a sufficient interest in the welfare of the child (Family ELA guideline 2.2).

4. Care and protection - section 90 merit advice

Extended Legal Assistance is available to take instructions and advise parents on the merit of a proposed application under s 90 of the Children and Young Persons (Care and Protection) Act 1998.

To be eligible for Extended Legal Assistance the applicant must be the parent of, or previously had parental responsibility for, a child the subject of final care orders.

Note: funding is available for private lawyers to do this work. 

5. Family Law disputes

Extended Legal Assistance is available to assist with family law disputes where there are no court proceedings on foot.

To be eligible for Extended Legal Assistance the applicant must satisfy:

• ELA Means Test, and
• The Vulnerable Person Test (Family ELA guideline 1.4). 

6. Family clients with complex needs

Extended Legal Assistance is available for applicants who are determined to have complex needs.

Legal Aid NSW will be satisfied the applicant has complex needs where:

• The client is a client of the Domestic Violence Unit or the Family Law Service for Aboriginal Communities (FamAC), and
• Legal Aid NSW has determined that the client has complex needs having regard to:
  • whether they are experiencing or at risk of domestic and family violence,
  • whether they are Aboriginal or Torres Strait Islander,
  • whether they are homeless or at risk of homelessness,
  • whether they are pregnant or have more than one child under 5 years,
  • whether they are a child,
  • whether they are at risk of having their child removed and taken into care,
  • whether they present with cultural issues that impact on their legal problem and language difficulties which make them vulnerable,
  • any uncertain immigration status,
  • any mental health problems, cognitive impairment or substance abuse issues,
  • any history of being in out-of-home care,
  • whether they have experienced sexual assault and/or other trauma,
  • whether they have experienced or are at risk of forced marriage.

Legal Aid NSW will make the assessment of complex needs based on these characteristics and experiences.

No ELA Means Test applies to clients who have complex needs.

Date last published: 2 February 2026