Legal Aid NSW Policy Online
Document Type: Policy
Chapter:19. Section 33 Payments (Repealed)


19.1 What is a section 33 payment? (Repealed)

 

An applicant for legal aid will be required to make a payment towards the expense of any investigation conducted under s.33 of the Legal Aid Commission Act 1979 (NSW).

 

 

 

Date published 10/06/2015

19.2 How much is the section 33 payment? (Repealed)

 

The payment amount is seventy-five dollars ($75).

 

 

 

 

 

Date published 01/06/2015

19.3 Can the section 33 payment be waived or reduced? (Repealed)

The section 33 payment can only be reduced or waived where Legal Aid NSW is satisfied there are exceptional circumstances.

 

 

 

 

 

 

Date published 01/06/2015

19.4 What happens if legal aid is granted? (Repealed)

Where the applicant is granted legal aid, the payment of the seventy-five dollars ($75) will be deducted from the initial contribution amount calculated under the Means Test.

 

 

 

 

 

 

 

Date published 01/06/2015

19.5 Will the payment be refunded if the applicant is refused legal aid? (Repealed)

Where the applicant is refused legal aid the seventy-five dollars ($75) will not be refunded.

 

 

 

 

 

 

Date published 01/06/2015

19.6 What happens if the applicant does not pay the section 33 payment? (Repealed)

Where the payment is not made, the applicant will owe a debt to Legal Aid NSW and the application for legal aid will be refused.

 

 

 

 

 

 

Date published 01/06/2015

19.7 Exempted matters - where an applicant is not required to pay a section 33 payment (Repealed)

19.7.1 Exempted matters – where an applicant is not required to pay the section 33 payments.

These are matters that are exempted from a section 33 payment imposed under section 33 of the Legal Aid Commission Act 1979.

Criminal Law

The exemption applies to all criminal law appeals.