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3. Civil law matters

3.7. Proceeds of crime matters- Commonwealth only

Legal Aid NSW can make grants of aid for Commonwealth civil proceeds of crime matters. The following guidelines apply to the grant of aid:

  • the costs of providing a grant of aid to an applicant for a proceeds of crime matter will be reimbursed to Legal Aid NSW in accordance with ss292 and 293 of the Proceeds of Crime Act 2002 (Cth).
  • Legal Aid NSW must ensure that the costs claimed by it in accordance with the policy are fair and reasonable and in accordance with Legal Aid NSW usual fee scales for civil law matters.
  • once an application for a civil law proceeds of crime is received and Legal Aid NSW is satisfied the applicant's assets are retrained, the Senior Solicitor, Criminal Law, Grants Division is to be notified immediately.
  • there are specific Grants Division procedures which need to be followed when an application for legal aid is received under the proceeds of crime legislation.

Date Last Published: 06/12/2010