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2. Family law matters

2.19. Applicant in custody

When determining an application for legal aid where the applicant is in custody (in prison or detention), the determining officer may take into account (but is not limited to):

  • If the applicant for legal aid is the respondent in parenting or property proceedings commenced by the other party (Note: this is not intended to preclude where an applicant is the initiating party).
  • The relevant personal circumstances of the applicant (Note: this may include where the applicant is an Aboriginal or Torres Strait Islander person or who may have a disability or mental health issues).
  • There is a benefit to the child or young person that is the subject of the parenting proceedings that might be gained by the applicant receiving legal aid (Note: this may include if the child is Aboriginal or Torres Strait Islander).
  • The applicant has reasonable prospects of achieving a better outcome/more favorable orders.

Note: If the applicant for legal aid is in custody, this will be taken into account when determining whether there is a substantial issue in dispute. See Family Law Guideline 2.18.

Date last published: 07/09/2020