Legal Aid NSW Policy Online
Document Type: Policy
Chapter:16. Terminating Grants of Legal Aid


16.1 Terminating grants of legal aid

Legal Aid NSW can terminate a grant of legal aid under s.38 of the Legal Aid Commission Act 1979.


Administrative law principles of procedural fairness are followed whenever a decision is made to terminate a grant of legal aid.


16.1 When can legal aid be terminated?

A grant of legal aid may be terminated where Legal Aid NSW is satisfied the legally aided person:

When considering terminating legal aid, Legal Aid NSW must take into account the Termination Guidelines in chapter 12.

Legal Aid NSW staff who are authorised under the Delegation Instrument can terminate legal aid. 


16.1.1 Before terminating legal aid


Before terminating legal aid, Legal Aid NSW must (except as noted in the guidelines) notify the legally aided person in writing of the intention to terminate. See Termination Guideline 12.10.


16.1.2 After terminating legal aid


Once legal aid is terminated, Legal Aid NSW must comply with the statutory notification requirements set out in s.38 of the Legal Aid Commission Act. See Termination Guideline 12.11.