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11. Contributions

11.5. Exempted matters - where an applicant for legal aid owns real property

Criminal

  • Local Court criminal duty matters
  • children in the Children's Court
  • Drug Court matters, and
  • Apprehended Domestic Violence Order matters

Family

  • family law duty lawyer matters
  • care and protection duty lawyer matters
  • children in the Children's Court
  • children in appeals to the District Court in care matters
  • children in NCAT proceedings and appeals in the Supreme Court, and
  • children where an order for independent representation is made under s68L of the Family Law Act 1975

Civil

  • civil law duty lawyer matters
  • Mental Health Advocacy Service matters that are not means tested
  • ex-service personnel and their dependents for proceedings in the Administrative Appeals Tribunal under Part II of the Veterans' Entitlement Act 1986 and the Military Rehabilitation and Compensation Act 1988 that are not means tested
  • Sexual Assault Communication Privilege matters that are not means tested
  • Public Interest Coronial Inquest matters, and
  • Matters where Legal Aid NSW is satisfied the matter is being conducted in the public interest and the legally aided person will not derive any personal or financial benefit from the proceedings.

Note: A legally aided person who received a grant of aid prior to 1 June 2015 is not be required to give a charge over real property they own as a condition of the grant.

Note: A legally aided person acting as a guardian ad litem is not required to give a charge over real property they own as a condition of the grant.

Last date published 1/7/2019