Policy Bulletin 2026/7: Changes to Criminal law policy: Part 7 matters

30 July 2026

The Legal Aid NSW Board approved changes to Criminal law policies relating to Part 7 of the Crimes (Appeal and Review) Act 2001 (NSW). 

Background

In light of the current funding constraints, the Legal Aid NSW Board has made the decision to restrict eligibility for legal aid for proceedings under Part 7 of the Crimes (Appeal and Review) Act 2001 (NSW). Part 7 provides procedures for inquiry or review of a conviction or sentence in more exceptional circumstances after all appeal avenues have been exhausted. 

Legal aid is no longer available for Part 7 matters. The policies providing that legal aid is available for matters under Part 7 have been repealed, specifically:

• Initial applications under Part 7, including
  • Petitions to the Governor for a review of a conviction or sentence, and
  • Applications to the Supreme Court for an inquiry into a conviction or sentence.
• Proceedings in the NSW Criminal Court of Appeal under Part 7, including
  • A matter that is referred by the Minister or the Supreme Court to be dealt with as an appeal, and
  • Where a conviction is to be quashed following a free pardon or an inquiry.
• Inquiries conducted by a judicial officer under Part 7.

Start date

This change applies to applications received on or after 30 July 2026.

Applications for Part 7 matters received before this date are not impacted by the policy change.

Contact

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