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Guidelines

12. Terminating Legal Aid

12.6 Where a legally aided person no longer wants the grant of aid

12.6 Where a legally aided person no longer wants the grant of aid

In making a decision to terminate a grant of legal aid where a legally aided person no longer wants the grant of aid, the determining officer should be satisfied that:

  • Legal Aid NSW has been notified in writing by the legally aided person, their lawyer or other authorised person that the legally aided person no longer wants the grant of aid, or
  • the grant of legal aid has otherwise been abandoned by the legally aided person.


Note:

  • the date of termination is the date on the written notification of termination that is sent to the legally aided person by Legal Aid NSW
  • a legally aided person is not able to withdraw their application for aid once aid has been granted
  • before terminating a grant of legal aid in these circumstances, the determining officer should, where possible, advise the client that:
    • they cannot have their grant of aid reinstated following termination, and
    • if they subsequently want a grant of aid for the same matter they will need to apply for a new grant of legal aid.


Read useful case study.