Extended Legal Assistance is available to clients for disputes with Centrelink at the AAT (tier 1) relating to:

• Disability Support Pension qualification
• Member of a couple cases (where a client’s payment has been cancelled and a debt raised due to the client being considered a ‘member of a couple’)
• Clients with non-payment periods (e.g. compensation preclusion periods, income maintenance periods, penalties, newly arrived residents' waiting periods)
• Residence issues
• Special Benefit payment issues (including eligibility and rate)
• Debts greater than $5,000, or
• Other issues where resolution of the dispute at this early stage will prevent further detriment being experienced by the client.

To be eligible for ELA a client must satisfy the following eligibility tests:

• ELA Means Test, and
• ELA Merit Test.

Extended Legal Assistance is available for assistance with primary claims with the Department of Veterans’ Affairs (DVA) and representation at the Veterans’ Review Board (VRB) in the following types of matters:

• Primary claims with the DVA and appeals from decisions of the delegate to the VRB about war-caused disability pension entitlement or assessment claims under the Veterans' Entitlements Act 1986 (Cth)
• Primary claims with the DVA under the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (Cth) 
• Primary claims with the DVA and appeals from decisions of the delegate to the VRB about claims under the Military Rehabilitation and Compensation Act 2004 (Cth) in relation to:
  • acceptance of liability (Chapter 2)
  • rehabilitation programs (Chapter 3, Part 2)
  • permanent impairment (Chapter 4, Part 2)
  • incapacity payments for former members (Chapter 4, Part 4)
  • special rate disability pension (Chapter 4, Part 6), and/or
    dependent’s benefits (Chapter 5).

To be eligible for Extended Legal Assistance an applicant must satisfy the following eligibility test:

• ELA Merit Test

There will be no Means Test for the Veterans’ matters.

Date last published: 07/09/2020

Extended Legal Assistance is available to assist clients to make complaints to the Fair Work Ombudsman about recovery of entitlements and Fair Work Commission claims about unfair dismissal or general protections.

To be eligible for Extended Legal Assistance a client must satisfy the following eligibility tests:

• ELA Means Test,
• ELA Merit Test, and
• Legal Aid NSW is satisfied the client is a vulnerable person.

Representation through the social housing two tier appeals process.

Extended Legal Assistance is available for representation through the social housing two tier appeals process.

To be eligible for Extended Legal Assistance a client must satisfy the following eligibility tests:

• ELA Means Test
• ELA Merit Test, and
• Legal Aid NSW is satisfied the client is a vulnerable person.

Extended Legal Assistance is available to assist clients to make complaints to an ombudsman, statutory body or agency.

To be eligible for Extended Legal Assistance a client must satisfy the following eligibility tests:

• ELA Means Test
• ELA Merit Test, and
• Legal Aid NSW is satisfied the client is a vulnerable person.

Extended Legal Assistance is available to assist clients with lodging complaints to the United Nations.

To be eligible for Extended Legal Assistance a client must satisfy the following eligibility tests:

• ELA Means Test,
• ELA Merit Test,
• the complaint has a public interest component, and
• Legal Aid NSW is satisfied the client is a vulnerable person.

Extended Legal Assistance is available to assist clients with an internal dispute resolution process in relation to a consumer dispute, and lodging complaints at an external dispute  resolution scheme, and complex insurance claims.

To be eligible for Extended Legal Assistance a client must satisfy the following eligibility tests:

• ELA Means Test,
• ELA Merit Test,
• Legal Aid NSW is satisfied the client is a vulnerable person.

Extended Legal Assistance is available to assist clients with lodging a complaint at the ADB or the AHRC.

To be eligible for Extended Legal Assistance a client must satisfy the following eligibility tests:

• ELA Means Test,
• ELA Merit Test, and
• Legal Aid NSW is satisfied the client is a vulnerable person.

Extended legal assistance is available to assist clients to make complaints to an external dispute resolution body or agency where:

• the dispute raises a systemic or complex legal issue
• the resolution of the dispute would have a significant impact on the client.

To be eligible for Extended Legal Assistance a client must satisfy the following eligibility tests:

• ELA Means Test,
• ELA Merit Test, and
• Legal Aid NSW is satisfied the client is a vulnerable person.

Extended Legal Assistance is available to assist clients:

• To appeal or review a school suspension or expulsion,
• To lodge complaints about a school suspension, expulsion or other exclusion to the school or the NSW Department of Education, and
• With any dispute resolution process arising from a complaint about a suspension, expulsion or other exclusion from school.

To be eligible for Extended Legal Assistance a client must satisfy the following eligibility tests:

• ELA Merit Test, and
• Legal Aid NSW is satisfied that the child or young person that is the subject of the matter is
  • Aboriginal or Torres Strait Islander, or
  • in Out of Home Care, or
  • involved in the criminal justice system, or
  • living with a disability or mental illness.

There will be no Means Test applied to these matters.

Note: The client may be the child or young person that is the subject of the matter, or their parent or guardian.

Date last published: 07/09/2020

Extended Legal Assistance is available to assist clients to apply to the Minister for Aboriginal Affairs to review a decision under the Stolen Generations Reparations Scheme (SGRS).

To be eligible for Extended Legal Assistance a client must satisfy the following eligibility test:

• ELA Merit Test

There will be no Means Test applied to these matters.

Date last published: 07/09/2020

Extended Legal Assistance is available for migration matters at the Administrative Appeals Tribunal (Migration Review Division) relating to:

• Cancellation of visas for refugees or former refugees
• Protection visa refusals
• Partner visa refusals where the applicant is seeking an exemption either on the basis of being a victim of family violence, where the sponsor has passed away, or where there is a child of the relationship

Extended Legal Assistance is available for migration matters at the Department of Home Affairs relating to:

• Applications for protection visas for non-immigration cleared air arrivals
• Applications for split family offshore humanitarian visas for family members of refugees
• Applications for higher priority in assessment of family stream visas for refugees due to compelling circumstances
• Citizenship applications involving exemptions from the citizenship test on the basis of incapacity
• Citizenship applications for refugees impacted by identify issues

To be eligible for Extended Legal Assistance an applicant must satisfy the following eligibility tests:

• ELA Means Test, and
• ELA Merit Test, and
• Legal Aid NSW is satisfied the client is a vulnerable person.

Date last published: 07/09/2020

Extended Legal Assistance is available to complainants where NSW Police seek their counselling information when investigating sexual offences against them.

To be eligible for Extended Legal Assistance an applicant must satisfy the following eligibility test:

• ELA Merit Test

There is no Means Test for Sexual Assault Communications Privilege matters.

Date last published: 07/09/2020

Extended Legal Assistance is available to assist persons of interest who are required to give evidence at a Coronial Inquest.

To be eligible for Extended Legal Assistance an applicant must satisfy the following eligibility tests:

• ELA Means Test, and
• ELA Merit Test.

Date last published: 06/11/2020

Extended Legal Assistance is available to victims of violent crime to:

• Apply for support under the Victims Rights and Support Act 2013, or
• Apply for internal review of the Assessor’s decision under the Victims Rights and Support Act 2013.

To be eligible for Extended Legal Assistance an applicant must satisfy the following eligibility test:

• ELA Means Test,
• ELA Merit Test,
• Legal Aid NSW is satisfied the client is a vulnerable person.

Note: Extended Legal Assistance is an early intervention service provided by the in-house practice only. The provision of this service is dependent on in-house capacity.

Extended Legal Assistance is available to people who have experienced sexual harassment or unlawful discrimination at work to make complaints to an employer, the Australian Human Rights Commission and Anti-Discrimination NSW, and to make applications to the Fair Work Commission.

Examples of Extended Legal Assistance available include:

• Representing a worker in negotiations to resolve workplace sexual harassment and/or discrimination.
• Making an application for stop sexual harassment orders at the Fair Work Commission.
• Making Fair Work Commission claims about general protections and representation in disputes about flexible work and stand down involving unlawful discrimination.
• Making a complaint and representing a worker in conciliation at the Australian Human Rights Commission and Anti-Discrimination NSW

To be eligible for Extended Legal Assistance a client must satisfy the following eligibility tests:

• ELA Merit Test

There will be no ELA Means Test applied to these matters.

Note: Extended Legal Assistance is an early intervention service only provided by the Respect at Work Legal Service and the in-house practice. The provision of this service is dependent on capacity.

Extended Legal Assistance is available for complex fine matters, including:

• an application for a write off of fines debt over $5,000 or where supporting evidence is required by Revenue NSW
• an application for an internal review
• an application for a refund of monies garnished following enforcement action by Revenue NSW
• determining the validity of an Order for Restitution made by Victims Services, or
• an application to the Hardship Review Board following an adverse decision by Revenue NSW.

To be eligible for Extended Legal Assistance an applicant must satisfy the following eligibility tests:

• ELA Means Test
• ELA Merit Test, and
• Legal Aid NSW is satisfied the client is a vulnerable person.

Note: Assistance in these matters will be dependent on the capacity of the Civil Law Division throughout the State.