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12. Representation: Allocating Legal Work
Guidelines
Directions
1. An Introduction to Legal Aid NSW
1.1. Legal Aid NSW core policies for granting legal aid
2. Legal Aid Commission Act
2.1. Introduction
2.2. Part 1 - Preliminary
2.3. Part 2 - Constitution and management of Legal Aid Commission
2.4. Part 3 - Provision of legal aid
2.5. Part 3A - Alternative dispute resolution
2.6. Part 4 Finance
2.7. Part 5 - Miscellaneous
2.8. Schedules
3. Delegation Instrument
3.0. Introduction and Preamble
3.1. Section 25 - Divulging information or document to a court or tribunal, with the consent of Legal Aid NSW, under section 25(4)(l)
3.2. Divulging information or a document (other than as provided by section 25(4)(k) or (l))
3.3. Solicitor on Record - section 28
3.4. Grant of money for a specified purpose - section 30
3.5. Application for legal aid - section 31
3.6. Exercising powers under section 33
3.7. Legal Support Officers certifying limited disbursements under sections 33 and 34 on Grants Online
3.8. Determining applications for Early Resolution Assistance
3.9. Determining and redetermining a grant of legal aid under section 34
3.10. Approval of expenditure in relation to grants of legal aid
3.11. Approving the number of reading and preparation days in criminal matters
3.12. Determining the date of a grant of legal aid under section 34A
3.13. Authorising emergency grants of legal aid
3.14. Implementing the Means Test under section 35
3.15. Determining under section 35(1) that the Means Test should not apply
3.16. Waiving the requirement for verification of means
3.17. Contributions under section 36(1)(a)
3.18. Amounts by which a contribution under section 36 can be varied or waived prior to finalisation of a matter
3.19. Applications for legal aid by certain persons under section 37
3.20. Varying grants of legal aid under section 38
3.21. Terminating grants of legal aid under section 38(1)
3.22. Making certain decisions about costs and moneys under sections 40, 41, 43, 43A, 43B, 44 & 45
3.23. Determining under section 46 the liability of a legally assisted person to pay costs
3.24. Amounts by which a contribution under section 46 can be waived or reduced
3.25. Determining payment of costs awarded against a legally assisted person under section 47
3.26. Authority to appoint, or refuse to appoint, a law practice to a panel
3.27. Endorsing private practitioner panel service agreements
3.28. Authority to suspend or remove a panel lawyer
3.29. Discretion to assign a matter to a non panel private practitioner
3.30. Signing and Withdrawing Caveats
3.31. Consenting to dealings on the property
3.32. Management of debts
3.33. Negotiated settlement
3.34. Exercising a lien under section 48
3.35. Administration of a Trust Account under section 64A
3.36. Authority to private lawyers to determine certain applications under s 34 of the Act
Attachment A
4. Criminal Law Matters – when legal aid is available
4.1. Introduction
4.2. Important conditions which apply to grants of legal aid
4.3. Local Court criminal law matters
4.4. Apprehended Domestic Violence Orders
4.5. Apprehended Personal Violence Order
4.6. Appeals from the Local Court
4.7. Drug Court matters
4.8. Circle Court matters
4.9. Preventative detention, control order and prohibited contact order matters
4.10. Local Court committal matters
4.11. Criminal Indictable matters
4.12. Matters under Part 8 of the Crimes (Appeal and Review) Act
4.13. Criminal appeals to Court of Criminal Appeal and High Court
4.14. Matters under Part 7 of the Crimes (Appeal and Review) Act
4.15. Land and Environment Court matters
4.16. Children's criminal matters
4.17. Prisoners' matters
4.18 Extended supervision orders, continuing detention orders, post-conviction orders, control orders and serious crime prevention orders
4.19. Criminal contempt of court
4.20. Matters for which legal aid is not available
5. Family Law Matters – when legal aid is available
5.1. Introduction
5.2. Important conditions which apply to grants of legal aid
5.3. Parenting matters
5.4. Varying or discharging parenting orders
5.5. Recovery, location and Commonwealth information orders
5.6. Property settlement matters
5.7. Spousal and de facto maintenance
5.8. Child support and child maintenance matters
5.9. Divorce and nullity of marriage
5.10. International child abduction
5.11. Contravention of parenting orders and enforcement of court orders
5.12. Appeals
5.13. Contempt of court
5.14. Care and protection matters
5.15. Special medical procedures
5.16. Adoption matters
5.17. Domestic and family violence
6. Civil law matters - when legal aid is available
6.1. Introduction
6.2. Important conditions that apply to a grant of legal aid
6.3. List of civil matters for which legal aid is available
6.4. Loss of home - if there is a likelihood the applicant may lose their home
6.5. Consumer protection matters
6.6. Breach of civil liberties
6.7 Extended supervision orders, continuing detention orders, post-conviction orders, control orders and serious crime prevention orders
6.8. Discrimination matters
6.9 Matters under Working with Children legislation
6.10. Matters under the NSW Trustee and Guardian Act 2009 (NSW)
6.11. Matters under the Public Health Act
6.12. Coronial Inquests into Deaths
6.13. Employment law matters
6.14. Public interest human rights matters
6.15. Mental health matters
6.15A. Drug and Alcohol Treatment Act matters
6.16. Guardianship matters
6.17. Sexual assault communications privilege matters
6.18. Migration matters
6.19. Commonwealth benefits including pensions, allowances and social security
6.20A. Review of decisions under the National Disability Insurance Scheme Act 2013
6.22. Proceeds of crime matters
6.23. Extradition proceedings
6.24 War veterans' matters
6.26. Matters for which legal aid is not available
7. Means Test
7.1. What is the Means Test?
7.2. What matters are means tested?
7.3. Whose means are considered when applying the Means Test?
7.4. Means Test structure
7.5. Income test
7.6. Assets test
7.7. Lifestyle test
7.8. Means Test determines initial contribution
7.9. Means Test determines contribution to adverse costs
7.10. Discretions under the Means Test
7.11. Verification of means
7.12. Special types of applicants
7.13. Contributions on net assessable assets
8. Merit Test
8. Merit Test
10. Availability of Funds Test
10.1. Test for availability of funds in State matters
10.2. Test for availability of funds in Commonwealth matters
11. Contributions
11.1. Initial Contributions
11.2. Can contributions be secured upfront?
11.3. What is a contribution to legal costs?
11.4. Exempted matters - where an applicant is not required to pay an initial contribution
11.5. Matters where the charge policy does not apply
12. Representation: Allocating Legal Work
12.1. Introduction
12.2. Civil law matters
12.3. Criminal law matters
12.4. Family law matters
12.5. Duty solicitor matters
13. Legal Aid Review Committee Appeals
13.1. Introduction
13.2. The appeal process
13.3. The types of decisions that can be appealed to a Legal Aid Review Committee
13.4. When there is no right to appeal to a Legal Aid Review Committee
13.5. How to appeal to a Legal Aid Review Committee
13.6. When proceedings can be adjourned pending an appeal to a Legal Aid Review Committee
13.7. Assigning a matter following a successful appeal to a Legal Aid Review Committee
13.8. Decision of the Legal Aid Review Committee is final
14. Types of Grants
14.1. Standard grant of legal aid
14.2. Lump sum grants
14.3. Emergency grants of aid
14.4. Retrospective grant of legal aid
14.5. Duty Service grants
14.6. Information, legal advice and minor assistance
15. Grants to Community Legal Centres
15.1. Introduction
15.2. Grants of legal aid to community legal centres
15.3. What policies applies to grants of legal aid to CLCs
15.4. Paying legal practitioner fees to CLCs
15.5. Exceptions to policy that no legal practitioner fees will be paid
15.6. Special arrangement with Marrickville, Western Sydney Community Legal Centre, Kingsford and Far West Community Legal Centres.
15.7. Funding allocation to Community Legal Centres
15.8. Schedule of community organisations providing legal services covered by these policies
16. Terminating Grants of Legal Aid
16.1 Terminating grants of legal aid
17. Costs and Fees
17.1. Introduction
17.2. Fees paid to private legal practitioners under s39 of the Act
17.3. Right to have private legal practitioner's costs assessed
17.4. Private practitioners prohibited from charging legal aid client
17.5. Costs orders
17.6. An order for legally aided client to pay costs to Legal Aid NSW
17.7. Deferring payment of costs to private legal practitioners
17.8. When can Legal Aid NSW refuse to pay a legal practitioner's fees
17.9. When a client may be directed to pay costs recovered to Legal Aid NSW
17.10. Assignment of costs under s45 of the Act
17.11. Costs Legal Aid NSW must pay on behalf of the client under s47 of the Act
18. Forum Test and Reciprocity Test
18.1 Forum Test
18.2 Reciprocity Agreement between interstate legal aid commissions
18.3 Addresses of interstate legal aid commissions
18.4 Payment of costs and disbursements of solicitors outside New South Wales
18.5 Travelling expenses of the legally assisted person
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12. Representation: Allocating Legal Work
12.1. Introduction
12.2. Civil law matters
12.3. Criminal law matters
12.4. Family law matters
12.5. Duty solicitor matters
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