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3. Civil law matters

3.10. Commonwealth civil law matters

Legal aid may be granted for an application in a Commonwealth civil matter, if:

  • it is a Commonwealth law matter
  • it is within the Commonwealth priorities or is taken to be within the priorities as provided by subclause 6.7 of the Commonwealth Agreement
  • it meets any policies that are relevant to the application
  • the applicant meets the relevant means test (unless otherwise stated in the policy), and
  • the matter meets the Commonwealth merit test (unless otherwise specified in the policy).

Legal Aid NSW should apply the criteria above in the order that they are listed.

If a matter is within the criteria, Legal Aid NSW must determine, in accordance with the policies, whether legal aid is to be granted, and if so, the nature and extent of the aid.

Legal Aid NSW must also consider available funds and competing priorities in making the decision.

If there is no Commonwealth policy relating to a Commonwealth priority, Legal Aid NSW may grant aid in the manner, and to the extent, it considers appropriate in that priority area.

Legal Aid NSW must ensure that any litigation, for which a grant of legal aid is made under the Commonwealth guidelines, is conducted in a cost-effective manner.

Date Last Published: 06/12/2010