Policy Bulletin 2023/4 Civil Extended Legal Assistance: Complex Fines Work

14 March 2023

The Legal Aid NSW Board has approved the expansion of Civil Law Extended Legal Assistance (ELA) to include complex fine matters.

Background

The Work and Development Order Service (WDO Service) at Legal Aid NSW was established in 2012 and operates as a state-wide service. The WDO Service provides general fines assistance, facilitates WDO placements for vulnerable clients and supports the implementation and expansion of the WDO scheme across NSW, with a focus on areas of high fines debt and social disadvantage.

The WDO Service has negotiated a mutual recognition protocol with Revenue NSW to streamline the assessment of some fines matters, however applications outside of the protocol often require the collection of evidence and drafting submissions for Revenue NSW to make a determination.

Complex fines work

Fines work outside the Protocol is often more complex which may involve representing the client on an ongoing basis, including going on the record with Revenue NSW. The complex fines work includes:

• Write off applications where the debt is over $5,000
• Internal review applications which require an objective assessment of the relevant legislation, taking instructions on the facts of the client's matter, preparation of submissions to Revenue NSW and obtaining supporting evidence in relation to the client's case
• Orders for Restitution debts which are now collected by Revenue NSW. Limitation dates, acts of confirmation and requirements for the validity of these orders can be complex and require careful consideration of a client’s circumstances.

Complex fines work can now be conducted as an ELA service. ELA is an extended legal service where the solicitor can take carriage of a matter in an ongoing, representative capacity, but due to the nature of the matter it does not proceed to a court or tribunal.

ELA is available to the in-house practice only.

Start date

The changes apply to applications received on and after 13 March 2023.

Contact

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