Family ELA guidelines

1.1 - The Vulnerable Person Test: Adoption

Legal Aid NSW will determine whether the applicant is vulnerable having regard to:

• whether they are Aboriginal or Torres Strait Islander,
• any mental health problems, cognitive impairment or substance abuse issues,
• any history of being in out-of-home care,
• whether they live in unstable housing (or are homeless),
• any serious difficulty dealing with government agencies,
• whether they are experiencing or at risk of domestic and family violence,
• whether they are or have been a victim of violence,
• whether they are in custody,
• whether they are living in a remote or regional area and have difficulty accessing legal services,
• whether they are a refugee who arrived on an offshore humanitarian visa or hold a protection visa.

Legal Aid NSW will make an assessment of the vulnerability of the client based on these characteristics and experiences.

1.2 - The Vulnerable Person Test: Child support

Legal Aid NSW will determine whether the applicant is vulnerable having regard to:

• whether they have unstable housing (or are homeless),
• whether they live in remote regions which makes access to the internet and other services difficult,
• any history of mental health problems cognitive impairment or substance abuse issues,
• any problems with literacy or inability to communicate in English,
• any serious difficulty dealing with government agencies,
• whether they are experiencing or at risk of domestic and family violence,
• whether they are in custody.

Legal Aid NSW will make an assessment of vulnerability of the client based on these characteristics and experiences.

1.3 - The Vulnerable Person Test: Care and protection

Legal Aid NSW will determine whether the applicant is vulnerable having regard to:

• whether they are Aboriginal or Torres Strait Islander,
• whether the client is a child,
• whether they have unstable housing (or are homeless),
• any mental health problems, cognitive impairment or substance abuse issues,
• any history of being in out-of-home care,
• any serious difficulty dealing with government agencies,
• whether they are experiencing or at risk of domestic and family violence,
• whether they are a victim of violence,
• whether they are in custody,
• whether they are living in a remote or regional area and have difficulty accessing legal services,
• whether they are a refugee who arrived on an offshore humanitarian visa or hold a protection visa,
• whether the client is pregnant and at risk of their child being removed and taken into care.

Legal Aid NSW will make an assessment of vulnerability of the client based on these characteristics and experiences.

1.4 - The Vulnerable Person Test: Family law disputes

Legal Aid NSW will determine whether the applicant is vulnerable having regard to:

• whether they are Aboriginal or Torres Strait Islander,
• whether they live in unstable housing (or are homeless),
• any mental health problems, cognitive impairment or substance abuse issues,
• whether they are experiencing or at risk of domestic and family violence,
• whether the client is pregnant and at risk of their child being removed and taken into care,
• whether they are in custody,
• whether they are living in a remote or regional area and have difficulty accessing legal services,
• whether they are a refugee who arrived on an offshore humanitarian visa or hold a protection visa.

Legal Aid NSW will make an assessment of vulnerability of the client based on these characteristics and experiences.

2.1 - Sufficient Interest in the Welfare of the Child: Adoption

Some examples of people with a sufficient interest in the welfare of the child are:

• a birth parent,
• a grandparent (if the grandparent has had the care of the child in the past, or has cared for or is caring for the child’s siblings, or if the grandparent has had or is having contact with the child),
• a sibling.

2.2 - Sufficient Interest in the Welfare of the Child: Care and protection

Some examples of people with a sufficient interest in the welfare of the child are:

• a birth parent,
• a carer, member of kin or community such as a grandparent,
• a sibling.