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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).
For legal aid to be granted in these types of matters the following tests must be satisfied:

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.

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

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).

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

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.

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

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).

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

NOTE:  These are civil proceedings that are administered as criminal law grants.

4.18.6 Continuing detention orders under the Criminal Code 1995 (Cth) - High Risk Terrorist Offenders - Commonwealth

Legal aid is available to applicants who are responding to a continuing detention order under s105A of the Criminal Code 1995 (Cth).

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

NOTE:  These are civil proceedings that are administered as criminal law grants.

4.18.7 Revocations, variations and appeals of continuing detention 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 appealing a continuing detention order under s105A of the Criminal Code 1995 (Cth).

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

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.

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

  • the Means Test
  • the Unpaid Contributions Test
  • the Availability of Funds test, and
  • Legal Aid NSW is satisfied that 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.

Examples of post-conviction orders covered by this policy include:

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.

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

Examples of post-conviction orders covered by this policy include:

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).

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

  • the Means Test
  • the Unpaid Contributions Test,
  • the Availability of Funds test, and
  • Legal Aid NSW is satisfied that 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).

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

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.

For legal aid to be granted for these types of matters the following tests must be satisfied:

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.

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

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.

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

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.

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

NOTE: These are civil law proceedings that are administered as criminal law grants.

Date Last Published: 21/11/2018