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Policies

4. Criminal Law Matters – when legal aid is available

4.9. Preventative detention, control order and prohibited contact order matters

Legal aid is available for advice and representation in preventative detention, contact order and prohibited contact order matters.

4.9.1 Legal advice on preventative detention, control orders and prohibited contact orders

Legal aid is available to a legal aid applicant to obtain legal advice in relation to:

There is no means test applied for the legal advice service.


4.9.2 Preventative detention and control order matters where a Supreme Court order for the provision of legal aid has been made

Legal aid is available to a person where the Supreme Court has made an order for the provision of legal aid to that person under section 26PA(2) of the Terrorism (Police Powers) Act 2002 (NSW).

Note: in the absence of specific directions from the Court in relation to the making of the grant of aid, the Legal Aid Commission Act 1979 applies.


4.9.3 Application for the making of a preventative detention order - State matters

In the absence of a Supreme Court order, legal aid is available to a person who is the subject of a preventative detention order application, for proceedings in the Supreme Court in relation to:

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


4.9.4 Application to revoke a preventative detention order or prohibited contact order - State matters

In the absence of a Supreme Court order, legal aid is available to a legal aid applicant who is the subject of a preventative detention order or prohibited contact order under Part 2A of the Terrorism (Police Powers) Act 2002 (NSW) and who is seeking to have the order revoked.

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


4.9.5 Proceedings in relation to control orders or preventative detention orders - Commonwealth matters

Legal aid is available to a legal aid applicant who is the subject of a control order or preventative detention order under Division 104 or 105 of the Criminal Code 1995 (Cth) for:

  • confirmation of control order proceedings
  • proceedings in relation to an application by the Australian Federal Police (AFP) to add obligations, prohibitions or restrictions to a control order, or
  • making representations to the AFP in relation to an application for a continued preventative detention order for consideration by an issuing authority.

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


4.9.6 Proceedings in relation to revoking a control order or preventative detention order - Commonwealth matters

Legal aid is available to a legal aid applicant who is currently or was previously the subject of a control order or preventative detention order under Division 104 or 105 of the Criminal Code 1995(Cth) for:

  • proceedings in relation to an application by the subject person for a revocation or variation of a control order
  • making representations to the AFP regarding why a preventative detention order should be revoked, or
  • giving information under s 40SA of the Australian Federal Police Act 1979 (Cth) regarding the making of a preventative detention order or treatment under such an order.

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

Note: legal aid is also available for:

  • proceedings for a remedy in relation to a preventative detention order or treatment under such an order, including an application to the Administrative Appeals Tribunal, and
  • making a complaint to the Commonwealth Ombudsman regarding the making of a preventative detention order or treatment under such an order.

Please see Civil Law Policies 6.6.2.



Date Last Published: 20/01/2017