Policies

4. Criminal Law Matters – when legal aid is available

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

the Means Test
the Availability of Funds Test, and
Legal Aid NSW is satisfied the applicant for legal aid is a victim of domestic violence.

Note: Where assistance under this policy is provided on a duty basis the Means Test does not apply.

See Criminal Law Guideline 1.7 on applying the ADVO policy.

See the Women's Domestic Violence Court Advocacy Program for information about Legal Aid NSW court advocacy program for women making applications in ADVO proceedings.

Legal aid is available to defend an application for an apprehended domestic violence order (ADVO).

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

either

Legal Aid NSW is satisfied that the applicant for legal aid is a victim of domestic violence, or
there are exceptional circumstances.

Note: if the defendant has also been charged with a domestic violence offence see Local Court Policy 4.3.1 and Guideline 1.13.5 for exceptional circumstances test, which will be satisfied if the defendant is a victim of domestic violence.

Legal aid is not available for apprehended domestic violence order matters if:

Legal Aid NSW is satisfied that the application for an order is frivolous or vexatious, or
there are no reasonable prospects of success, or
for an applicant in ADVO proceedings, if the application is made by a police officer.

Date Last Published: 1/02/2022