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4. Criminal Law Matters – when legal aid is available

4.2. Important conditions which apply to grants of legal aid

4.2.1 Representation in criminal matters

Legal Aid NSW policy is that all criminal law matters are to be conducted by in-house legal practitioners and public defenders are to be briefed, unless there are exceptional circumstances.

See the Representation chapter for policies relating to the allocation of criminal law work between in-house legal practitioners and private legal practitioners.

4.2.2 Late applications for legal aid in criminal matters

Legal aid will only be granted in exceptional circumstances for late applications in criminal matters.

See Criminal Law Guideline 1.8 on determining late applications.

4.2.3 Availability of Funds Test in criminal matters

All applications for legal aid in criminal law matters are subject to the Availability of Funds Test.

Legal aid will only be granted if Legal Aid NSW determines that sufficient funds are available. The Availability of Fund Test applies to decisions made by the Legal Aid NSW Board that certain state or Commonwealth matter types will not be funded for a specified period of time.

Date Last Published: 05/12/2022