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4. Criminal Law Matters – when legal aid is available

4.14. Matters under Part 7 of the Crimes (Appeal and Review) Act

Legal aid is available for the following proceedings under Part 7 of the Crimes (Appeal and Review) Act 2001 (NSW).


4.14.1 Initial applications under Part 7

Legal aid is available for an initial application under Part 7 of the Crimes (Appeal and Review) Act 2001(NSW) which includes

  • petitions to the Governor for a review of a conviction or sentence
  • applications to the Supreme Court for an inquiry into a conviction or sentence, and
  • applications to an appropriate Review Panel established to review a conviction or sentence.

For legal aid to be granted in these matters the following tests must be satisfied:

Note: The Chief Executive Officer has not delegated the authority to make determinations under s.34 of the Legal Aid Commission Act 1979 in relation to matters under Part 7 of the Crimes (Review and Appeal) Act 2007 (NSW).

4.14.2 Proceedings in the Court of Criminal Appeal under Part 7

Legal aid is available for proceedings under Part 7 of the Crimes (Appeal and Review) Act 2001(NSW) for:

  • a matter that is referred by the Minister or the Supreme Court to be dealt with as an appeal, or
  • if a conviction is to be quashed following a free pardon or an inquiry.

For legal aid to be granted in these matters the following tests must be satisfied:

Note: The Chief Executive Officer has not delegated the authority to make determinations under s.34 of the Legal Aid Commission Act 1979 in relation to matters under Part 7 of the Crimes (Review and Appeal) Act 2007 (NSW).


4.14.3 Inquiries under Part 7 of the Crimes (Appeal and Review) Act

Legal aid is available for an Inquiry conducted by a judicial officer under Part 7 of the Crimes (Appeal and Review) Act 2001(NSW).

For legal aid to be granted the following tests must be satisfied:

Note: The Chief Executive Officer has not delegated the authority to make determinations under s.34 of the Legal Aid Commission Act 1979 in relation to matters under Part 7 of the Crimes (Review and Appeal) Act 2001 (NSW).


4.14.4 Part 7 of the Crimes (Appeal and Review) Act

Legal aid is not available for proceedings relating to summary offences where Part 2 of the Crimes (Appeal and Review) Act 2001 (NSW) applies.


Date Last Published: 20/01/2017