Legal Aid NSW Policy Online
Document Type: Guideline
Chapter:7. Representation

7.1. Introduction

These are the guidelines to the policy which deals with representation: allocating legal work between in-house and private practitioners and are intended to be read with the policy.

The Legal Aid Commission of New South Wales is referred to as ‘Legal Aid NSW in these guidelines.

Date Last Published: 1/07/2010

7.2. Determining requests for reassignment of criminal matters

7.2.1 Criteria to be considered when making a determination to assign a criminal matter

The determining officer will take into consideration:

The determining office will consult with the original practitioner to assess their willingness to continue to act for the legally aided person.

7.2.2 Procedure when assignment of matter is approved

The determining officer will:

7.2.3 Transfer of file

The determining officer will advise the client and practitioners that the transfer of the client's file must be arranged between the original legal practitioner and the new legal practitioner

7.2.4 Retaining counsel

Legal Aid NSW will expect the client to retain the same counsel wherever possible.

7.2.5 Instructions for legal practitioners

The determining officer must request notification in writing from the original practitioner if a matter is to be adjourned or the client is seeking to stay the proceedings.

Date Last Published: 1/07/2010

7.3. Criteria to be considered when assigning a matter to the Homeless Persons Legal Service Advocate

In deciding whether to assign a matter to the Homeless Persons Legal Service Advocate, the following criteria must be satisfied:

Date last published: 1/7/2010