Policy Bulletin 2025/3: Verification of means

13 May, 2025

The CEO has approved a new Guideline on the verification of means for applicants in custody with indictable matters.

Background

Applicants for legal aid are required to verify their income and assets to satisfy the Means Test. This is an important step to ensure that only eligible applicants receive a grant of legal aid.

In recent years Legal Aid NSW has eased the verification requirements where possible, including for:

  • applicants in custody with a summary matter who disclose $1,500 or less in saving: see Means Test at 10.5.1, and
  • applicants receiving a Centrelink income support payment at the maximum rate who disclose $1,500 or less in savings: see Means Test at 10.4.

All other applicants, including applicants in custody with indictable matters, are required to provide full verification of their income and assets.

Updated policy

We have updated Means Test 10: Verification of means so that the different verification requirements are clearly set out, and the policy is easier to navigate. The updated policy provides more guidance on “special circumstances” where the discretion to waive verification may be exercised.

New Guideline on “special circumstances” for clients in custody with indictable matters

The policy makes clear that being in custody is not a sufficient reason on its own to waive verification. However, there are some situations where verifying means is not feasible and prevents highly vulnerable people from legal representation.

To this end, we have developed a new Guideline on “special circumstances” for applicants in custody with indictable matters. It requires the solicitor to turn their mind to certain questions in addition to what is asked in the application form. This is to ensure that we only grant aid to people who are eligible but who genuinely cannot provide financial verification of their means.

What has changed?

The changes can be found on Policy Online:

Important reminder

Where there is a change in your client’s circumstances during the course of the grant of aid, for example, they leave custody, become employed or enter a new relationship, you must reassess your client’s means as required under the Means Test.

Start date

The change applies from 13 May, 2025.

Contact

For further information, contact the Client Eligibility Unit at: T-CEU@legalaid.nsw.gov.au.