Policies
3. Delegation Instrument
3.9. Determining and redetermining a grant of legal aid under section 34
| Item | Delegated Officer | ||
| 9.1 | Determining under s 34 an application for legal aid (including granting and refusing legal aid). Approving an application for legal aid that has been certified by an in-house officer, holding an appropriate authority, as meeting the Merit Test and the policies, and where the Means Test is satisfied. * Officers cannot exceed the monetary limits set out in the Attorney General’s delegation under Part 9 Division 9.2 of the Government Sector Finance Act 2018. | Director Grants Determining Officer Grants Division subject to the following exceptions | |
| Exceptions | |||
| 9.2 | Redetermining a refusal or condition of a grant of legal aid under s 34. | The Determining Officer or a Grants Officer of the same or a higher grade with the authority to approve a grant to which the application refers. | |
| 9.3 | Determining applications for legal aid for Extradition matters | This function has not been delegated. | |
| 9.4 | Determining applications in relation to matters under Part 7 of the Crimes (Review and Appeal) Act 2007 (NSW). | This function has not been delegated. | |
| 9.5 | Determining applications for legal aid by people employed at Legal Aid NSW. | Director Grants | |
| 9.6 | Determining applications for legal aid when it is known that the applicant is a relative or partner or former partner of a person employed at Legal Aid NSW. | Director Grants | |
| Certification | Determination | ||
| 9.7 | Determining applications for legal aid for public interests human rights matters (applications are tabled before the Human Rights Consultative Committee which makes recommendations). | Director Civil Law | Director Grants |
| 9.8 | Determining applications for Local Court criminal law matters where a plea of Not Guilty is entered. Note: Legal Support Officers can submit applications only where a solicitor has certified it meets the Defended Hearing Policy. | Legal Support Officer | Determining Officer |
| 9.9 | Determining application for duty matters. | In-house solicitor providing the duty service | |
| 9.10 | Determining applications for legal aid by appellants seeking a severity appeal in criminal proceedings to the District Court. | Solicitor Grade I-III | Grants Officer Grade 3-4 Solicitor Grade I -III Grants |
| 9.11 | Determining applications for legal aid by appellants seeking an all grounds appeal in criminal proceedings to the District Court. | Solicitor Grade I-III | Grants Officer Grade 3-4 Solicitor Grade I -III Grants |
| 9.12 | Determining applications for legal aid by appellants in appeal proceedings other than High Court (excluding clauses 9.10 and 9.11). | Solicitor Grade IV Criminal and Family Law | Grants Officer Grade 5-6 Solicitor Grade I-III Grants |
| 9.13 | Determining applications for legal aid for summons matters and other prerogative relief in the Supreme Court in criminal matters. | Solicitor Grade VI | Solicitor Grade V Grants |
| 9.14 | Determining applications for legal aid by appellants in criminal appeal proceedings before the High Court. Note: where the appeal raises constitutional issues, following consultation with the DCEO and CEO. | Director Criminal Law | Director of Grants |
| 9.15 | Determining applications for legal aid by appellants in appeal proceedings other than criminal proceedings before the High Court. | Director Family Law | Solicitor Grade VI Grants |
| 9.16 | Determining applications for an originating process in the High Court. Note: where the appeal raises constitutional issues, following consultation with the DCEO and CEO. | Deputy Director Criminal Law | Director Grants |
| 9.17 | Determining applications for legal aid in employment law - public interest matters. | Solicitor Grade V | Solicitor Grade V Grants |
| 9.18 | Determining applications for legal aid for matters which fall outside the types of matters for which legal aid is available under the Legal Aid NSW policies. OR Determining applications for legal aid for Commonwealth law matters which are not included in the Commonwealth Priorities. Note: where legal aid may be granted, it should be done following consultation with the DCEO and CEO. | Director Criminal Law Director Family Law Director Civil Law | Director Grants |