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Guidelines

1. Criminal law matters

1.6. Proceeds of Crime

Where the legal aid applicant is seeking a grant of legal aid to : 

  • defend a criminal charge that is covered under Commonwealth policy and,
  • the applicant has property that is covered by a restraining order under the Proceeds of Crime Act 2002 (Cth) (POC Act), or is likely to be covered by such an order

the costs of providing legal aid will be reimbursed to Legal Aid NSW in accordance with s293 of the POC Act.

Assessing means test eligibility

When assessing an applicant's eligibility under the Means Test any of the applicant's assets that are covered by a restraining order or confiscation order under the Act are to be disregarded.

Notifying the Grants Division

If an application is received for legal aid where the applicant's assets are restrained under the Proceeds of Crimes Act 2002 (Cth), Legal Aid NSW officer should inform the Grants Division, Legal Aid NSW as soon as possible.

If the matter is a civil matter under the POC Act refer to the civil law policies.




Date Last Published: 01/12/2010