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12. Terminating Legal Aid

12.10 Before terminating legal aid- notification requirements

12.10 Before terminating legal aid- notification requirements

Before legal aid is terminated, the determining officer must notify the legally aided client in writing, and:

  • provide the reason(s) why termination of the grant is considered appropriate, and
  • provide that person with reasonable opportunity to make submissions to Legal Aid NSW as to why the grant should not be terminated, and
  • explain what, if any, costs implications may arise as a result of termination under ss 41 and 47 of the Legal Aid Commission Act 1979 (NSW).


Note: written notification is not required where:

  • the matter is a Local Court criminal matter, or
  • an impending hearing date makes notification impractical, or
  • the legally aided person no longer wants the grant of aid, or
  • the legally aided person has died or no longer has capacity, or
  • it is otherwise not reasonable in the circumstances.