Policies
4. Criminal Law Matters – when legal aid is available
4.18 Extended supervision orders, continuing detention orders, post-conviction orders, control orders and serious crime prevention orders
4.18.1 Opposing an application made under the Crimes (High Risk Offenders) Act
Legal aid is available to applicants opposing applications made by the Attorney General under the Crimes (High Risk Offenders) Act 2006 (NSW).
To be eligible for legal aid the applicant must satisfy:
- the Means Test
- the Merit Test
Note: These are civil law proceedings that are administered as criminal law grants.
4.18.2 Appeals under the Crimes (High Risk Offenders) Act
Legal aid is available to legal aid applicants who are appealing under the Crimes (High Risk Offenders) Act 2006 (NSW) against an extended supervision order or continuing detention order.
To be eligible for legal aid the applicant must satisfy:
- the Means Test
- the Merit Test
Note: These are civil law proceedings that are administered as criminal law grants.
4.18.3 Variation or revocation applications under the Crimes (High Risk Offenders) Act
Legal aid is available to legal aid applicants who are defending or applying for a variation or revocation of an extended supervision order or continuing supervision order under the Crimes (High Risk Offenders) Act 2006 (NSW).
To be eligible for legal aid the applicant must satisfy:
- the Means Test
- the Merit Test
Note: These are civil law proceedings that are administered as criminal law grants.
4.18.4 Responding to an application made under the Terrorism (High Risk Offenders) Act
Legal aid is available to applicants responding to applications made by the Attorney General under the Terrorism (High Risk Offenders) Act 2017 (NSW), including an emergency detention order.
To be eligible for legal aid the applicant must satisfy:
- the Means Test
NOTE: These are civil proceedings that are administered as criminal law grants.
4.18.5 Appeals, variation or revocation applications under the Terrorism (High Risk Offenders) Act
Legal aid is available to legal aid applicants who are appealing or applying for a variation or revocation of a supervision order or continuing detention order under the Terrorism (High Risk Offenders) Act 2017 (NSW).
To be eligible for legal aid the applicant must satisfy:
- the Means Test
- the Merit Test
NOTE: These are civil proceedings that are administered as criminal law grants.
4.18.6 Post-sentence orders under the Criminal Code 1995 (Cth) - High Risk Terrorist Offenders - Commonwealth
Legal aid is available to applicants who are responding to an application for a post-sentence order under Division 105A of the Criminal Code 1995 (Cth).
To be eligible for legal aid the applicant must satisfy:
- the Means Test
NOTE: These are civil proceedings that are administered as criminal law grants.
4.18.7 Revocations, variations and appeals of post-sentence orders under the Criminal Code 1995 (Cth) - High Risk Terrorist Offenders - Commonwealth
Legal aid is available to applicants who are seeking a variation, revocation or appeal of a a post-sentence order under Division 105A of the Criminal Code 1995 (Cth).
To be eligible for legal aid the applicant must satisfy:
- the Means Test
- the Merit Test
NOTE: These are civil proceedings that are administered as criminal law grants.
4.18.8 Opposing an application for a post-conviction order
Legal aid is available to legal aid applicants opposing an application for an order that follows a finding of guilt or a conviction for a criminal offence.
To be eligible for legal aid the applicant must satisfy:
- the Means Test
- the conditions of the order unreasonably restrict the applicant's personal freedom, and
- there is reasonable prospects either of successfully opposing the application or of the application being granted on amended terms that place less restriction on the liberty of the applicant.
Examples of post-conviction orders covered by this policy include:
- Child Protection Registration Orders under ss3E and 3F of the Child Protection (Offenders Registration) Act 2000, and
- Child Protection Prohibition Orders under s5 of the Child Protection (Offenders Prohibition Orders) Act 2004 .
Note: These are civil law proceedings that are administered as criminal law grants.
This policy does not apply to Apprehended Domestic Violence Order proceedings - see Criminal Law Policy 4.4.
4.18.9 Application to vary, revoke or appeal a post-conviction order
Legal aid is available to legal aid applicants
- who are either responding to or seeking the variation of an order, or
- appealing an order or the conditions of an order
made to a Court following a finding of guilt or a conviction for a criminal offence.
To be eligible for legal aid the applicant must satisfy:
- the Means Test
- the Merit Test, and
- Legal Aid NSW is satisfied that the conditions of the order unreasonably restrict the applicant's personal freedom.
Examples of post-conviction orders covered by this policy include:
- Child Protection Registration Orders under s3E and s3F of the Child Protection (Offenders Registration) Act 2000; and
- Child Protection Prohibition Orders under s5 of the Child Protection (Offenders Prohibition Orders) Act 2004.
Note: These are civil law proceedings that are administered as criminal law grants.
This policy does not apply to Apprehended Domestic Violence Order proceedings - see Criminal Law Policy 4.4.
4.18.10 Opposing applications made under s14 and s19 of the Crimes (Criminal Organisations Control) Act 2012 (NSW)
Legal aid is available to applicants opposing an application for an order made under s14 or s19 of the Crimes (Criminal Organisations Control) Act 2012 (NSW).
To be eligible for legal aid the applicant must satisfy:
- the Means Test
- the conditions of the order unreasonably restrict the applicant's personal freedom, and
- Legal Aid is satisfied that there is reasonable prospects either of successfully opposing the application or of the application being granted on amended terms that place less restriction on the liberty of the applicant.
Note: These are civil law proceedings that are administered as criminal law grants.
4.18.11 Applications to vary, revoke or appeal orders made under s14 and s19 of the Crimes (Criminal Organisations Control) Act 2012 (NSW)
Legal aid is available to applicants for legal aid who are:
- responding to or seeking the variation of an order; or
- appealing an order or the conditions of an order.
made under s14 or s19 of the Crimes (Criminal Organisations Control) Act 2012 (NSW).
To be eligible for legal aid the applicant must satisfy:
- the Means Test
- the Merit Test, and
- Legal Aid NSW is satisfied that the conditions of the order unreasonably restrict the applicant's personal freedom.
Note: These are civil law proceedings that are administered as criminal law grants.
4.18.12 Opposing an application made under the Crimes (Serious Crime Prevention Order) Act 2016
Legal aid is available to persons and organisations opposing applications for a serious crime prevention order under the Crimes (Serious Crime Prevention Orders) Act 2016.
To be eligible for legal aid the applicant must satisfy:
- the Means Test, and
- if the applicant is a corporation, Legal Aid NSW must be satisfied there are exceptional circumstances.
NOTE: These are civil law proceedings that are administered as criminal law grants.
4.18.13 Persons whose interests may be affected by the making, variation or revocation of an order under the Crimes (Serious Crime Prevention Order) Act 2016
Legal aid is available to applicants
- whose interests may be affected by the making of a serious crime prevention order against another person, and
- who were a party to the proceedings for the original order (on the basis that their interests may be affected) so that they can be heard on the application for varying or revoking the order
under the Crimes (Serious Crime Prevention Orders) Act 2016.
To be eligible for legal aid the applicant must satisfy:
- the Means Test
- the Merit Test
NOTE: These are civil law proceedings that are administered as criminal law grants.
4.18.14 Appeals under the Crimes (Serious Crime Prevention Order) Act 2016
Legal aid is available to applicants who are appealing a serious crime prevention order under the Crimes (Serious Crime Prevention Orders) Act 2016.
To be eligible for legal aid the applicant must satisfy:
- the Means Test
- the Merit Test, and
- if the applicant is a corporation, Legal Aid NSW must be satisfied there are exceptional circumstances.
NOTE: These are civil law proceedings that are administered as criminal law grants.
4.18.15 Variation or revocation applications under the Crimes (Serious Crime Prevention Order) Act 2016
Legal aid is available to applicants who are defending or applying for a variation or revocation of a serious crime prevention order under the Crimes (Serious Crime Prevention Orders) Act 2016.
To be eligible for legal aid the applicant must satisfy:
- the Means Test
- the Merit Test, and
- if the applicant is a corporation, Legal Aid NSW must be satisfied there are exceptional circumstances.
NOTE: These are civil law proceedings that are administered as criminal law grants.
Date Last Published: 05/12/2022