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Policies

3. Delegation Instrument

3.7. Determining and redetermining a grant of legal aid under section 34

 

Item

Delegated Officer

7.1

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 s12 of the Public Finance and Audit Act 1983 – see Instrument of Financial Delegation at Part 4.

Director Grants

Determining Officer Grants Division

subject to the following exceptions

 

Exceptions

 

7.2

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.

7.3

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.

This function has not been delegated.

7.4

Determining applications in relation to matters under Part 7 of the Crimes (Review and Appeal) Act 2007 (NSW).

This function has not been delegated.

7.5

Determining applications for legal aid by people employed at Legal Aid NSW.

Director Policy, Planning & Programs

7.6

Determining applications for legal aid when it is known that the applicant is a relative or partner of a person employed at Legal Aid NSW.

Director Policy, Planning & Programs

 

Certification

Determination

7.7

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

7.8

Determining applications for legal aid by appellants seeking a severity appeal in criminal proceedings to the District Court.

Solicitor Grade I-III

Solicitor Grade I -III Grants

7.9

Determining applications for legal aid by appellants seeking an all grounds appeal in criminal proceedings to the District Court.

Solicitor Grade I-III

Solicitor Grade I -III Grants

7.10

Determining applications for legal aid by appellants in appeal proceedings other than High Court (excluding clauses 7.8 and 7.9).

Solicitor Grade IV Criminal and Family Law
Solicitor Grade V Civil Law

Solicitor Grade I-III Grants

7.11

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

7.12

Determining applications for legal aid by appellants in criminal appeal proceedings before the High Court.

Note: where the appeal raises constitutional issues, in consultation with the CEO.

Director Criminal Law
Director of Grants

7.13

Determining applications for legal aid by appellants in appeal proceedings other than criminal proceedings before the High Court.

Deputy  Director Criminal Law
Director Family Law
Director Civil Law

Solicitor Grade VI Grants

7.14

Determining applications for an originating process in the High Court.

Deputy Director Criminal Law
Director Family Law
Director Civil Law

Director Grants

7.15

Determining application for duty matters.

In-house solicitor providing the duty service

7.16

Determining applications for legal aid in employment law - public interest matters.

Solicitor Grade V

Solicitor Grade V Grants