Care proceedings in the District, Supreme and High Court and NCAT

3.1.13 Care proceedings in the District, Supreme and High Court –  for adults

Legal aid is available for care and protection appeals in the District, Supreme and High Court to a person:

  • who has parental responsibility for the child or young person, or
  • from whom an aspect of parental responsibility has been removed by an order of a court, and
  • has a genuine concern for the safety, welfare and well-being of the child or young person.

To be eligible for legal aid the applicant must satisfy:

The grant of legal aid also extends to include any court ordered alternative dispute resolution.

Note: Parental responsibility in relation to a child or young person is defined under the Children and Young Persons (Care and Protection) Act 1998 (NSW) to mean all the duties, powers, responsibilities and authority which, by law, parents have in relation to their children.

3.1.14 Care proceedings in the District, Supreme and High Court –  for children and young people

Legal aid is available for care and protection appeals in the District, Supreme and High Court to a child or young person (or a child representative appointed by the court).

To be eligible for legal aid the applicant must satisfy:

The grant of legal aid also extends to include any court ordered alternative dispute resolution.

3.1.15 Supreme Court proceedings pursuant to the Court's inherent jurisdiction –  for adults

Legal aid is available in relation to proceedings for prerogative relief or pursuant to the Supreme Court's inherent jurisdiction.

Legal aid is available to a person:

  • who has parental responsibility for the child or young person, or
  • from whom an aspect of parental responsibility has been removed by an order of a court,

or

  • who is significant to the care, welfare and development of the relevant child or young person, and
  • has a genuine concern for the safety welfare and well-being of the child or young person.

To be eligible for legal aid the applicant must satisfy:

Note: Parental responsibility in relation to a child or young person is defined under the Children and Young Persons (Care and Protection) Act 1998 (NSW) to mean all the duties, powers, responsibilities and authority which, by law, parents have in relation to their children.

3.1.16 Supreme Court proceedings pursuant to the Court's inherent jurisdiction - for children and young people

Legal aid is available to children and young people in relation to proceedings for prerogative relief or pursuant to the Supreme Court's inherent jurisdiction.

To be eligible for legal aid the applicant must satisfy:

3.1.17 Proceedings in the Administrative and Equal Opportunity Division of NCAT – for authorised carers

Legal aid is available for proceedings in the Administrative and Equal Opportunity Division of NCAT for a review of a decision to:

  • authorise or not to authorise a person as an authorised carer,
  • cancel or suspend a person's authorisation as an authorised carer, or
  • grant to, or to remove from an authorised carer the responsibility for the daily care and control of the child or young person.

To be eligible for legal aid the applicant must satisfy:

Legal Aid NSW must be satisfied that:

  • there are exceptional circumstances,
  • it is reasonable to provide representation, and
  • there is a benefit to the child or young person that might be gained by the applicant receiving legal aid (see Family guideline 3.3.1).

Note: Section 137 of the Children and Young Persons (Care and Protection) Act 1998 (NSW) defines authorised carer.

3.1.18 Proceedings in the Administrative and Equal Opportunity Division of NCAT -  for children and young people

Legal aid is available to children and young persons for proceedings in the Administrative and Equal Opportunity Division of NCAT where an order for separate representation has been made, for a review of a decision to:

  • authorise or not to authorise a person as an authorised carer, or
  • cancel or suspend a person's authorisation as an authorised carer, or
  • grant to, or to remove from an authorised carer, the responsibility for the daily care and control of the child or young person.

To be eligible for legal aid the applicant must satisfy:

Date last published: 2 February 2026