Legal Aid NSW Policy Online
Document Type: Policy
Chapter:3. Delegation Instrument


3.0. Introduction and Preamble

Introduction

Under the Instrument of Delegation the Chief Executive Officer (CEO) has delegated the provision of legal aid function to Legal Aid NSW staff and in specific circumstances, private lawyers.

These delegations are subject to the Financial Delegations under section 12 of the Public Finance and Audit Act 1983, executed by the NSW Attorney–General in March 2017.

Preamble

Legal Aid NSW provides legal services through a mixed model of service delivery of in-house employed solicitors and assigned legal practitioners. The administration of legal aid for both in-house solicitors and assigned practitioners is managed by the Grants Division.

Officers in the relevant in-house Legal Services Divisions, being the authorised officers under this Instrument, are required to certify whether or not an application for legal aid satisfies the policies and guidelines of Legal Aid NSW (apart from the means test); consequent upon such certification, the application or other request will be determined by the authorised officers in the Grants Division.

The delegations set out in this Instrument relate to officers in the Legal Services Divisions, the Grants Division, the Legal Policy Branch and the Finance Division (except for item 34 which relates to private lawyers providing duty services).

Each delegation may be exercised by the delegated officer or by a more senior officer in the same division.

Procedures and guidelines developed by individual business areas may restrict but not expand on these Delegations.

Instrument of Delegation to administer the Legal Aid Commission Act 1979 (NSW) effective from 1 July 2019

Under section 69 of the Legal Aid Commission Act 1979 (NSW) (the Act), I delegate the functions vested in me by section 17 of the Act, to the following  Legal Aid NSW officers to exercise the functions specified in this Delegation Instrument.

Deputy Chief Executive Officer
Director Policy, Planning & Programs
Director Criminal Law
Deputy Director Criminal Law
Director Family Law
Director Civil Law
Director Grants
Director Finance

Director Client Services
Grants Officer, Grants Grade 3-4 and above
Senior Advocate
Solicitor
Solicitor in Charge, Regional Office
Manger, In-house Counsel Unit
Solicitor Accounts Receivable, Corporate Finance
Advocate Clerk, Veterans’ Advocacy Service, Civil Law Grade 6-7 and above to exercise the functions set out below.
This document is to be read in conjunction with an Officer’s role and responsibilities as set out in his or her position description or statement of duties.
A delegation can be exercised by the nominated delegated officer, or an officer of a higher grade.
Any financial delegation included in this Instrument is subject to the Instrument of Financial Delegation approved by the NSW Attorney General. It provides delegations to incur, commit or sanction expenditure under s12 of the Public Finance and Audit Act 1983. Officers cannot exceed the monetary limits set out in the Attorney General’s Delegation.
References in this instrument to ‘determining officer’ or determination refer to the officer delegated to determine an application for legal aid under section 34 of the Act and Part 7 of the Instrument of Delegation.

References to a ‘certifying officer’ or certification refer to an officer delegated to make recommendations to a determining officer, whether or not a section 33 authorisation or grant of legal aid, should be made in respect of an application for legal aid in an in-house matter.

Under section 58(a) of the Act, the Legal Aid Review Committee (LARC) has the functions and discretions that the person or body whose determination, variation or decision is the subject of the appeal had in respect of the matter the subject of the appeal.

I have not delegated certain functions which are set out in Attachment A.

Brendan Thomas
Chief Executive Officer
Legal Aid New South Wales

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)

Item

Delegated Officer

Consenting to the provision of information or a document to a court or tribunal as provided under s 25(4)(l).

subject to the following exception

Legal Aid NSW officers who have management of a matter, or who are providing a Duty Service, are authorised to consent to the provision of information or a document to a court or tribunal as provided under s25(4)(l).

Exception

 

When legal aid has been wholly or partly refused under the Legal Aid NSW merit test.

In regional Local Court criminal matters,
Solicitor Grade I-III
In all other circumstances,
Solicitor Grade V

3.2. Divulging information or a document (other than as provided by section 25(4)(k) or (l))

Item

Delegated Officer

To consent to divulging information or a document to a person other than:

  • an applicant for legal aid; or
  • a legally assisted person.

(not including matters under s 25(4)(k) or (l)
subject to the provisions of ss 25 and 26.)

Manager, In-house Counsel Unit
Grade VI Solicitor Grants

Deputy Director Criminal Law
Director Civil Law
Director Family Law

3.3. Solicitor on Record - section 28

 

Item

Delegated Officer

3.1

Exercising the functions of the CEO under ss 24 and 28, pursuant to an appointment made under s 23A, in relation to in-house legal matters.

Monique Hitter, Deputy CEO

3.2

Signing documents for a party to the proceedings whereby that signature shall be deemed to be the signature of the solicitor for that party.

Solicitor with the carriage of an in-house matter as authorised by Monique Hitter

3.4. Grant of money for a specified purpose - section 30

Item

Delegated Officer

CertificationDetermination

Authorising under s30(2) and (4) funding for a specified purpose, including determining whether ss34 (6)-(8), 41 and 47 are to apply to the provision of the grant of aid.

The decision to administer a grant of aid as a section 30 grant can only be made by officers who have the relevant delegation under s 34.

* 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 .

Solicitor Grade I-III

Advocate Clerk Grade 6-7

Grants Clerk Grade 5-6

Solicitor Grade I-III Grants

3.5. Application for legal aid - section 31

Item

Delegated Officer

CertificationDetermination

Exercising discretion to amend an application that is not in an approved manner and form to submit the application for a determination.

Note: the power to approve variations to the approved form of applications is reserved by the CEO.

Solicitor Grade IV

Grants Clerk Grade 5-6

Solicitor Grade IV Grants

3.6. Exercising powers under section 33

Item

Delegated Officer

Limit
$
CertificationDetermination

Exercising powers under s 33 (including payment of solicitor costs, counsel fees and disbursements).

A s 33 authorisation can be made in a matter where an Officer is authorised to determine under s 34.

* 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.

Solicitor Grade I – III, Civil Law
Advocate Clerk Grade 6-7

Solicitor Grade I – III Grants
Grants Clerk Grade 5-6

Up to
$3,000

Solicitor Grade IV, Civil Law
Advocate Clerk Grade 9-10

Grants Clerk Grade 5-6
Solicitor Grade IV Grants

$4,000

Solicitor Grade V, Civil Law

Solicitor Grade V, Grants

$4,500

Deputy Director Criminal Law
Director Civil Law
Director Family Law

Director Grants

over $4,500

3.6.A Legal Support Officers certifying limited disbursements under sections 33 and 34 on Grants Online

Item

Certifying Officer

Maximum limit per disbursement (not including counsel’s fees)

Maximum limit per matter
 

Recommending to a determining officer that a disbursement (excluding counsel’s fees) be incurred.

Legal Support Officer

$500

$1,500

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

3.7.A Approval of expenditure in relation to grants of legal aid

Authorisation

Amount

Certifying officer

Delegated officer

Commitment and payment of total accounts in excess of, or outside a standard combination of work items per grant of legal aid.

Officers cannot exceed the monetary limits set out in the Attorney General’s delegation to staff under s12 of the Public Finance and Audit Act 1983 (NSW)

$3,000

Advocate Clerk Grade 6/7

Grants Clerk Grade 3/4

$7,500

Advocate Clerk Grade 9/10

Grants Clerk Grade 5/6

$10,000

Solicitor Grade I- III

Solicitor Grade I-III Grants

$15,000

Solicitor Grade IV

Solicitor Grade IV Grants

$25,000

Solicitor Grade V

Solicitor Grade V Grants

$50,000

Solicitor Grade VI

Solicitor Grade VI Grants

$125,000

Deputy Director Criminal Law
Director Family Law
Director Civil Law

Director Grants

3.8. Determining and redetermining the date of a grant of legal aid under section 34A

Item

Delegated Officer

8.1

Determining under s 34A that the grant of legal aid is to be dated on, or after, the date of the initial request for legal aid, being either

  • the request for an emergency grant of legal aid; or
  • the date of the receipt of the legal aid application.

Solicitor Grade V Grants

8.2

Redetermining under s 34A an application for legal aid (including granting and refusing legal aid).

Note: The officer granting an application on redetermination may need to be of a higher grade than the officer who originally refused it.

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.

3.9. Authorising emergency grants of legal aid

Item

Delegated Officer

CertificationDetermination

The discretion to authorise an emergency grant of legal aid before the legal aid applicant has completed Legal Aid NSW’s application form.

Solicitor Grade IV

Grants Officer Grade 5-6

Solicitor Grade IV Grants

3.10. Implementing the Means Test under section 35

Item

Delegated Officer
CertificationDetermination

Implementing the Legal Aid NSW Means Test under s 35.

Duty Solicitor

In-house solicitor with the carriage of the matter

Determining Officer

subject to the following discretions

10.1

Exercising discretion in applying the Means Test to grant legal aid when, after calculating the income, the net assessable income of the applicant exceeds the current maximum threshold by up to 10%.

Discretion can be exercised taking into account, the following criteria

  • the likely costs of proceedings;
  • the overall financial position of the applicant;
  • whether the applicant would suffer hardship if legal aid was refused; or
  • whether there is sufficient time for the applicant to raise the funds necessary to pay for legal assistance.

For further information please see Means Test at 7.10.1 on Policy Online

Duty Solicitor

In-house solicitor with the carriage of the matter

Determining Officer

10.2

Exercising discretion in applying the Means Test to grant legal aid to applicants whose net assessable income exceeds the income eligibility threshold by over 10% and/or does not satisfy the Means Test.

Discretion can be exercised taking into account the following criteria:

  • the likely cost of the proceedings;
  • the type of proceedings;
  • the overall financial position of the applicant;
  • whether the applicant would suffer hardship if legal aid was refused;
  • whether there is sufficient time for the applicant to raise the funds necessary to pay for legal assistance; or
  • whether the applicant could reasonably be expected to borrow against assets.

*Discretion must only be exercised when the above criteria have been taken into consideration and the officer is satisfied that exceptional circumstances exist. Please see the Means Test for further guidance on exceptional circumstances.

Note: where an officer is exercising this discretion and the decision requires a reduction in the initial contribution amount, the officer should be aware that the amount by which the contribution is reduced must be in accordance with the officer’s delegation set out under clause 3.14 (s.36 contributions).

Solicitor Grade IV

Solicitor Grade IV Grants

10.3Exercising discretion in applying the Means Test to disregard, for elderly applicants, the home equity in excess of the maximum ceiling to grant legal aid and calculate a contribution on assets. Solicitor Grade IV
Solicitor Grade IV Grants
10.4
Exercising discretion to refuse legal aid to applicants whose income and assets fall within the Means Test.
The discretion can be exercised in the following situations:
  • Where the applicant is able to afford the cost of legal proceedings having regard to his/her general assets.
  • Where the applicant has substantial fixed assets or an interest in a business assets that
    • Could be realisable; and
    • Against which the applicant could secure a loan to cover the costs of legal proceedings.
  • Where the applicant’s life style or standard of living appears to be supported by means beyond those disclosed in the legal aid application.
Solicitor Grade IV

Solicitor Grade IV Grants

3.11. Determining under section 35(1) that the Means Test should not apply

Item

Delegated Officer

CertificationDelegation

Determining under s 35(1) that the Legal Aid NSW Means Test should not be applied because special circumstances exist, about the property or means of the applicant, or otherwise.

Under s 35(3) special circumstances may include

(a) that the applicant is a party to proceedings as a member of an unincorporated association; or

(b) the applicant is a party to

  • proceedings relating to environmental matters
  • a relator suit, or
  • a test case.

Deputy Director Criminal Law
Director Family Law
Director Civil Law

Director Grants

3.12. Waiving the requirement for verification of means

Item

Delegated Officer

CertificationDetermination
Exercising the discretion, in exceptional circumstances, to waive the requirement for verification of means.Duty Solicitor
In-house solicitor with the carriage of the matterDetermining Officer

3.13. Contributions under section 36(1)(a)

Item

Delegated Officer
Certification Determination

Authorising a contribution payable under s36 (1) (a) of the Act, and directing the manner of payment and the due date for payment of the contribution.

Note: all decisions must be made in accordance with the Contributions Policy.

In-house solicitor with the carriage of the matter

Determining Officer

13.1

Exercising the discretion in exceptional circumstances to reduce or waive the initial $75 contribution imposed, in accordance with the Contributions Policy

In-house solicitor with the carriage of the matter

Determining Officer

13.2

Exercising the discretion to reduce or waive an Initial Contribution in exceptional circumstances

Director Criminal Law
Director Civil Law

Director Family Law

Director Grants

3.14. Amounts by which a contribution under section 36 can be varied or waived prior to finalisation of a matter

Amount by which an officer can recommend or approve varying (increasing or reducing) or waiving a s 36 contribution

Note: All decisions must be made in accordance with the Means Test or Contributions Policy

Delegated Officer

CertificationDetermination

14.1

Up to $1,500

Solicitor Grade I-III

Clerk Grade 3-4 Grants
Solicitor Grade I-III Grants

14.2

Up to $3000

Solicitor Grade I-III

Clerk Grade 5-6 Grants
Solicitor Grade I-III Grants

14.3

Up to $5000

Solicitor Grade V

Solicitor Grade IV Grants

14.4

Up to $10,000

Solicitor Grade VI

Grade VI Grants

14.5

Up to $20,000

Director Criminal Law
Director Family Law
Director Civil Law

Director Grants

14.6

Over $20,000

CEO

Director Grants

3.15. Applications for legal aid by certain persons under section 37

Item

Delegated Officer

Determining applications for legal aid from certain persons described in s 37(1).

Determining Officer

Subject to the following exception

Exception

 

Determining applications for legal aid from a corporation (pursuant to s. 37(1)(b)) for a matter under the Crimes (Serious Crime Prevention Orders) Act 2016 (NSW).

Director, Grants

3.16. Varying grants of legal aid under section 38

Item

Delegated Officer

Varying a grant of legal aid under section 38, including altering the nature and extent of grants and altering conditions.

Note: Terminating grants of legal aid is excluded from this delegation.

An officer with the delegation under s34 to approve a grant of the amount or scope of the varied grant.

3.17 Terminating grants of legal aid under section 38(1)

Item

Delegated Officer
Certification Determination

Terminating a grant of legal aid under s 38(1)(a).

Solicitor Grade IV

Clerk Grade 5-6 Grants
Solicitor Grade I-III Grants

3.18. Approving the number of reading and preparation days in criminal matters

Item

Delegated Officer

CertificationDetermination

18.1

Up to 2 days for reading and preparation time.

Solicitor Grade I-III

Clerk Grade 3-4 Grants

18.2

Up to 4 days for reading and preparation time.

Solicitor Grade IV

Clerk Grade 5-6 Grants Solicitor

Solicitor Grade I-III Grants

18.3

Up to 5 days reading and preparation time.

Solicitor in Charge, Regional Office
Solicitor Grade V

Solicitor Grade V Grants

18.4

Up to 7 days for reading and preparation time.

Solicitor Grade VI

Solicitor Grade VI Grants

18.5

Up to 10 days for reading and preparation time.

Director Criminal Law

Director Grants

Note: Please refer to the Chief Executive Officer, if approval over 10 days is required.

3.19. Making certain decisions about costs and moneys under sections 40, 41, 43, 43A, 43B, 44 & 45

Item

Delegated Officer

19.1

Requiring a private legal practitioner acting for a legally assisted person to assess or tax costs under s 40.

Clerk Grade 5-6 Grants
Solicitor Grade I-III Grants

19.2

Giving approval under s 41 to a private legal practitioner to demand and receive payments from a legally assisted person, or any other person on behalf of a legally assisted person.

Director Grants

19.3

Determining whether an application is to be made to a Court or Tribunal for orders for the payment of costs by a legally assisted person under s 43.

Director Grants
Director Criminal Law
Director Civil Law
Director Family Law

19.4

Deferring under s 43A(1)(a) the payment of costs to a private legal practitioner pending the recovery of party/party costs.

Solicitor Grade I-III Grants
Clerk Grade 5-6 Grants

19.5

Deferring under s 43A(1)(b) and (c) payment of costs to a private legal practitioner until the conclusion of any official investigation, or the completion of any criminal or disciplinary proceedings.

Director Grants

19.6

Refusing under s 43A(2) to make payment of any fees to a private legal practitioner if any allegation referred to in s 43A(1)(b) is substantiated in any criminal or disciplinary proceedings.

Director Grants

19.7

Approving an application under s 43B to a court/tribunal for an order that a panel practitioner repays money to Legal Aid NSW.

Director Grants

19.8

Directing under s 44 a legally assisted person to pay moneys to Legal Aid NSW and to account for those moneys.

Solicitor Grade IV Grants
Clerk Grade 5-6 Grants

19.9

Directing under s 45 a legally assisted person to assign his/her right to recover moneys and to recover moneys where the right to recover moneys has been assigned to Legal Aid NSW.

In-house solicitor with carriage of the matter
Clerk Grade 3-4 Grants
Solicitor Grade I-III Grants
Solicitor Grade IV Accounts Receivable

3.20. Determining under section 46 the liability of a legal assisted person to pay costs

Determining under s 46 the liability of a legally assisted person to pay costs and disbursements and directing the due date for payment of the contribution.

Delegated Officer

Certification

Determination

20.1

Where the Contributions Policy of Legal Aid NSW is being implemented.

In-house solicitor with carriage of the matter

Determining Officer

20.2

Discretion to reduce or waive the contribution to legal costs in exceptional circumstances

Deputy Director Criminal Law

Director Family Law

Director Civil Law

Director Grants

3.21. Amounts by which a contribution under section 46 can be waived or reduced

The amount by which an officer can recommend or approve reducing or waiving a s.46 contribution

Note: All decisions must be made in accordance with the Contributions Policy

Delegated Officer

Certification

Determination

21.2

Up to $20,000

Director Criminal Law
Director Civil Law
Director Family Law

Director Grants

21.3

Over $20,000

CEO

Director Grants

3.22. Determining payment of costs awarded against a legally assisted person under section 47

Item

Delegated Officer

CertificationDelegation

Recommending and authorising payment by Legal Aid NSW under s 47 of costs awarded against legally assisted persons (including the determination as to whether party/party costs are reasonable).

Advocate Clerk Grade 6-7
Solicitor Grade I –III, Civil Law
Solicitor Grade IV, Criminal Law
Solicitor Grade VI, Family Law

Clerk Grade 5-6 Grants
Solicitor Grade I-III Grants

Exceptions

22.1

Determining costs in Veterans’ Advocacy matters where the costs exceed Legal Aid NSW’s current monetary limit under s 47.

Advocate Clerk Grade 9-10

Solicitor Grade VI Grants

22.2

Determining what costs, if any, are to be paid in matters covered by s 47(4) or (4A).

Director Criminal Law
Director Civil Law
Director Family Law

Director Grants

3.23. Establishing a selection Committee to appoint private practitioners to panels under section 51

Item

Delegated Officer

Establishing a selection Committee for the purpose of appointing private legal practitioners to panels.

Director Grants

3.24. Authorising private practitioner panel service agreements under section 52

Item

Delegated Officer

Endorsing service agreements between panel legal practitioners and Legal Aid NSW.

Director Grants

3.25. Audits of private legal practitioners under section 52B

Item

Delegated Officer

Carrying out audits on behalf of Legal Aid NSW under s 52B.

Solicitor Grade I-III Grants
Clerk Grade 3-4 Grants

 

3.26. Discretion to assign a matter to a non panel private practitioner

Item

Delegated Officer
Certification Determination

Assigning a matter to a practitioner who is not:

  • on a panel; or
  • a panel practitioner to which the matter would normally be assigned under the Grant Allocation Guidelines

Solicitor Grade IV Family and Civil Law

Solicitor Grade V Criminal Law

Solicitor Grade VI Grants

3.27. Signing and Withdrawing Caveats

Item

Delegated Officer

Signing Caveats and Withdrawals of Caveats on behalf of Legal Aid NSW.

Solicitor Grade IV Accounts Receivable
Solicitor Grade IV In-house Counsel Unit

Manager Inhouse Counsel Unit

3.28. Consenting to dealings on the property

Item

Delegated Officer

Consenting to priority over Legal Aid NSW’s caveatable interest over real property.

Solicitor Grade IV Accounts Receivable
Solicitor Grade IV Inhouse Counsel Unit
Manager Inhouse Counsel Unit
Director Finance

3.29. Management of debts

Item

Delegated Officer

The management of recovery action for debts owed to Legal Aid NSW including but not limited to:

  • issuing of a bankruptcy Notice or subsequent bankruptcy proceedings;
  • issuing a Statement of Claim;
  • the enforcement of a writ on real property ;
  • undertaking an Examination Summons; and
  • seeking a Garnishee Order.

Director Finance

Manager Inhouse Counsel Unit

Signing legal documents on behalf of the Solicitor to Legal Aid NSW for matters to which Legal Aid NSW is a party.

Solicitor IV Accounts Receivable

Solicitor IV Inhouse Counsel Unit

3.30. Negotiated settlement

Item

Delegated Officer

30.1

Discretion to enter into a negotiated settlement on behalf of Legal Aid NSW with respect to a debt owed to Legal Aid NSW by a client limited to negotiating settlement during representation in a court.

In negotiating a settlement in which an agreement is reached to reduce the amount the client will pay to Legal Aid NSW in full and final settlement of the debt, the officer must have regard to any relevant Treasurer’s Directions issued under s9 of the Public Finance and Audit Act.

Solicitor Grade IV Accounts Receivable

Solicitor Grade IV Inhouse Counsel Unit

30.2

Discretion to enter into a negotiated settlement on behalf of Legal Aid NSW with respect to a debt owed to it by a client.

In negotiating a settlement in which an agreement is reached to reduce the amount the client will pay to Legal Aid NSW in full and final settlement of the debt, the officer must have regard to any relevant Treasurer’s Directions issued under s9 of the Public Finance and Audit Act.

Up to $50,000

Director Finance

3.31. Exercising a lien under section 48

Item

Delegated Officer

Exercising a lien by Legal Aid NSW under s 48 on documents held for proceedings which are the subject of an inhouse grant of legal aid.

Solicitor Grade I –III
subject to the following exception

Exception

Deciding whether a lien is to be exercised by Legal Aid NSW under s 48 on documents held for proceedings in an in-house matter where there has been a refusal by Legal Aid NSW to release papers after negotiations and an agreement cannot be reached.

Director Grants
Director Criminal Law
Director Civil Law
Director Family Law

3.32. Administration of a Trust Account under section 64A

Item

Delegated Officer

Administering a Trust Account established under s 64A and holding all monies received for or on behalf of any legally assisted person in the Account.

Annmarie Lumsden, Director Criminal Law

3.33. Approving payment of fees and disbursements that exceed Legal Aid NSW fee scales

Item

Delegated Officer

To approve payments to private legal practitioners or other providers of legal services, including:

  • solicitors costs;
  • counsel’s fees; and/or
  • disbursements

which exceed the Legal Aid NSW scale of fees.
*This does not include lump sum payments which cannot be exceeded, except as follows

Solicitor Grade IV Grants

Exception

Approving private legal practitioner fees which exceed the lump sum scale in criminal case conferencing.
The discretion to approve legal practitioner fees which exceed the lump sum scale in:

  • Local Court Committal
  • District Court sentence matters
  • Supreme Court sentence matters

Director Grants

3.34. Authority to private practitioners providing duty services

Item

Delegated Officer

Authority for private practitioners rostered on to a Duty Solicitor Scheme to

  • make determinations of applications for legal aid to provide a legal service under the Duty Solicitor Scheme, and
  • exercise the discretion in relation to means in 10.1 when providing that service, and
  • exercise the discretion to waive the verification of means in special circumstances.

Private practitioners approved by the Director Grants

Attachment A

The Chief Executive Officer retains the following functions under the Act:

  1. Decisions under section 34
    Determination of applications for legal aid for matters which fall outside the policies - State matters and Commonwealth law matters not included in the Commonwealth Priorities.

    Determination  of applications for aid in relation to matters under Part 7 of the Crimes (Review and Appeal) Act 2007 (NSW).
  2. Decisions under section 51Appointment of, or refusal to appoint a legal practitioner to a panel following assessment and recommendation by a selection committee.
  3. Decisions under section 52A
    Establishing a monitoring Committee under s 52A (1).
    Exercising the discretion to remove a legal practitioner from a panel for breach of service agreement set out in s 52A (6) following a recommendation by the Monitoring Committee.
  4. Decisions under section 52B(11)
    To do any one or more of the following:  If a private legal practitioner fails or refuses to co-operate in the carrying out of an audit under this section
  • terminate the services of the practitioner in relation to any work assigned by Legal Aid NSW to the practitioner;
  • remove the practitioner from a panel to which the practitioner is appointed; and
  • refuse to pay to the practitioner any money payable by Legal Aid NSW to the practitioner.
  1. Prosecutions under sections 26 and 32
    Decision to prosecute breaches of sections 26 and 32 of the Legal Aid Commission Act 1979 (NSW).
  2. Other functions

Any other function that is not specifically delegated in writing.