Legal Aid NSW Policy Online
Document Type: Policy
Chapter:4. Criminal Law Matters – when legal aid is available


4.1. Introduction

This chapter sets out the criminal law policies for Legal Aid NSW. It includes State and Commonwealth criminal matters. It sets out the types of criminal matters for which legal aid is available and the requirements that need to be met before legal aid can be granted for a criminal law matter.


Date Last Published: 20/01/2017

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.

Date Last Published: 20/01/2017

4.3. Local Court criminal law matters

What is a Duty Service?

Legal Aid NSW provides a Duty Service for criminal law matters at Local Courts across NSW. This means that lawyers represent clients on a duty basis. To qualify for a duty service, a person must satisfy the Means Test and have a type of matter for which legal aid is available under the Local Court policies.

Matters that the Duty Service is available for include:

  • Bail applications
  • Sentencing
  • Section 32 applications.

The Unpaid Contributions Test does not apply to matters conducted on a duty basis.

A person will require a grant of legal aid for representation, where:

  • A plea of not guilty has been entered and the matter is proceeding to a defended hearing, or
  • Expenditure is required to pay a third party, for example, a medical report.

Legal aid is available for criminal proceedings in the Local Court in the following circumstances.

4.3.1 Bail applications

Legal aid is available to a person in custody for a bail application in the Local Court.

To be eligible for representation the applicant must satisfy the following tests:

to be eligible for bail applications after the first appearance:

See Criminal Law Policy 4.11.3 for Supreme Court bail applications.

4.3.2 Court attendance notice issued by a police officer or Centrelink

Legal aid is available for criminal proceedings in the Local Court (except for traffic offences - see 4.3.3 below) which are commenced by a court attendance notice issued by a police officer or Centrelink.

To be eligible for representation the applicant must satisfy the following tests:

either

Note: the Unpaid Contributions Test does not apply to duty matters.

Where the applicant for legal aid has entered a plea of not guilty

To be eligible for representation for a defended hearing the applicant must satisfy the following tests:

either

4.3.3 Driving and traffic offences

Legal aid is available in the Local Court for driving and traffic offences in very limited circumstances.

To be eligible for representation the applicant must satisfy the following tests:

either

Note: The Unpaid Contributions Test does not apply to duty matters.

4.3.4 Court attendance notice issued by a person other than a police officer or Centrelink

Legal aid is available for criminal proceedings in the Local Court which are commenced by a court attendance notice issued by a person other than a police officer or Centrelink.

To be eligible for representation the applicant must satisfy the following tests:

either

Note: The Unpaid Contributions Test does not apply to duty matters.

4.3.5 Applications for annulments under Part 2 of the Crimes (Appeal and Review) Act

Legal aid is available in the Local Court for applications for an annulment of conviction or sentence under Part 2 of the Crimes (Appeal and Review) Act 2001 (NSW).

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

Note: The Unpaid Contributions Test does not apply to duty matters.

4.3.6 Applications to remove driver licence disqualifications

Legal aid is available in the Local Court for applications to remove licence disqualifications under Division 3A of Part 7.4 of the Road Transport Act 2013.

For legal aid to be granted in applications to remove driver licence disqualifications the following tests must be satisfied:

  • The Means Test
  • the matter meets the Availability of Funds Test
  • the applicant has complied with the relevant offence free period defined in section 221A of the Road Transport Act 2013.
  • the applicant is not rendered ineligible to apply by virtue of having been convicted of any of the offences listed in section 221D of the Road Transport Act 2013, and
  • the applicant has not had an application to remove a driver licence disqualifications refused within the last 12 months.

Note: This service will be provided on a duty basis.

Grants of aid will only be made where Legal Aid NSW considers that disbursements are required.

4.3.7 Applications to vary or revoke a Community Correction Order or a Conditional Release Order

Legal aid is available in the Local Court in relation to  applications to vary or revoke a condition made under a Community Correction Order or a Conditional Release Order made under the Crimes (Sentencing Procedure) Act 1999 (NSW).

Where the application is made by the applicant for legal aid

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

Where the application is made by Community Corrections or Juvenile Justice

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

NOTE: This service will be provided on a duty basis. Grants of aid will only be made where Legal Aid NSW considers that disbursements are required or where the matter is a defended hearing in the Local Court and the applicant satisfies Criminal Law Policy 4.3.2 above.

NOTE: The Means Test is not applied to applicants who are children.

4.3.8 Breach of a Community Correction Order or a Conditional Release Order

Legal aid is available in the Local Court in relation to a breach of a Community Correction Order or a Conditional Release Order made under the Crimes (Sentencing Procedure) Act 1999 (NSW).

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

NOTE: This service will be provided on a duty basis. Grants of aid will only be made where Legal Aid NSW considers that disbursements are required or where the matter is a defended hearing in the Local Court and the applicant satisfies Criminal Law Policy 4.3.2 above.

NOTE: The Means Test is not applied to applicants who are children.

4.3.9 Contesting an application or summons made under the Crimes (Forensic Procedures) Act

Legal aid is available in the Local Court for matters where the applicant for legal aid is contesting a matter commenced by way of an application or summons made under the Crimes (Forensic Procedure) Act 2000 (NSW) when Legal Aid NSW is satisfied that:

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

Note: The Unpaid Contributions Test does not apply to duty matters.

4.3.10 Revocation of parole for Commonwealth Offences

Legal aid is available in the Local Court for matters where the applicant for legal aid is brought before the court on a warrant under s19AV of the Crimes Act 1914 (Cth) for revocation of parole.

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

4.3.11 Restorative Justice Program – Forum Sentencing

Legal aid may be available to a person who is participating in a restorative justice program where the court makes an order in relation to:

Forum Conferencing pursuant to Part 7 of the Criminal Procedure Regulation 2010 (NSW). For legal aid to be available the applicant for legal aid must satisfies the following tests:

Note: The Unpaid Contributions Test does not apply to duty matters.

Criminal Law Guideline 1.9 sets out the criteria for determining whether it is appropriate that the applicant has legal representation.

See Criminal Law Policy 4.16.2 on Youth Conferencing.

See Criminal Law Policy 4.8 on Circle Sentencing.

4.3.12 When legal aid is not available for Local Court matters

Legal aid is not available for the following Local Court matters:

Date last published 20/05/2019

4.4. Apprehended Domestic Violence Orders

4.4.1 Apprehended Domestic Violence Orders - Applicants

Legal aid is available to make an application for an apprehended domestic violence order (ADVO) under the Crimes (Domestic and Personal Violence) Act 2007 (NSW).

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

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.

4.4.2 Apprehended Domestic Violence Orders - Defendants

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

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.

4.4.3 When legal aid is not available in Apprehended Domestic Violence Order matters

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




Date Last Published: 27/02/2019

4.5. Apprehended Personal Violence Order

Legal aid is available to defend an application for an Apprehended Personal Violence Order (APVO) under the Crime (Domestic and Personal Violence) Act 2007 (NSW).

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

Note: See the policy for children's criminal matters if the defendant in the APVO is under 18 years of age.


Note: Legal aid is not available for applications for Apprehended Personal Violence Orders unless the applicant for legal aid is a child. See Criminal Law Policy 4.19.

Date Last Published: 20/01/2017

4.6. Appeals from the Local Court

4.6.1 Appeals to the District Court

Legal aid is available for appeals from the Local Court to the District Court sitting in its criminal jurisdiction.

For legal aid to be granted for appeals to the District Court the following tests must be satisfied:

Legal Aid NSW officers authorised under the Delegation Instrument can determine applications for legal aid in these matters.


4.6.2 Appeals to the Supreme Court

Legal aid is available for appeals from decisions of magistrates in the Local Court to the Supreme Court.

For legal aid to be granted for appeals to the Supreme Court the following tests must be satisfied:

Legal Aid NSW officers authorised under the Delegation Instrument can determine applications for legal aid in these matters.


Date Last Published: 20/01/2017

4.7. Drug Court matters

Legal aid is available to applicants for matters before the Drug Court sitting as the Drug Court or another court of law.

There is no means test applied in Drug Court matters.

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


Date Last Published: 20/01/2017

4.8. Circle Court matters

Legal aid is available to a person who is participating in a restorative justice program where the court makes an order in relation to:

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

Criminal Law Guideline 1.9 sets out the criteria for determining whether it appropriate that the applicant has legal representation.



Date Last Published: 20/01/2017

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:

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:

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

Note: legal aid is also available for:

Please see Civil Law Policies 6.6.2.



Date Last Published: 20/01/2017

4.10. Local Court committal matters

4.10.1 Legal aid for Local Court committal proceedings

Legal aid is available for committal proceedings, including for:

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

See Criminal Law Guideline 1.4 for Legal Aid NSW cost caps which apply in committal proceedings.

When a legal aid applicant has criminal matters involving both Commonwealth and State law see Criminal Law Guideline 1.5 for guidance on managing the application and administering the grant of legal aid.


Date Last Published: 20/01/2017

4.11. Criminal Indictable matters

4.11.1 Indictable matters – when legal aid is available

Legal aid is available for criminal indictable matters listed for trial or sentence in the Supreme Court or District Court.

Legal aid is available for the following proceedings:

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

Note: the Means Test is not applied to applicants who are children.

See Criminal Law Guideline 1.3 on costs in criminal trials.

When a legal aid applicant has criminal matters involving both Commonwealth and State law, Criminal Law Guideline 1.5 sets out the procedure for managing the application and administering the grant of legal aid.


4.11.2 Back-up matters

Legal aid is available for back-up matters dealt with under Chapter 3 Pt 3, Division 7 Criminal Procedure Act 1986 (NSW).

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


4.11.3 Bail applications in the Supreme Court

Legal aid is available for bail applications to the Supreme Court.

For legal aid to be granted in Supreme Court bail applications the following tests must be satisfied:


Date Last Published: 21/09/2018

4.12. Matters under Part 8 of the Crimes (Appeal and Review) Act

Legal aid is available to a person who has been acquitted of an offence and who is the subject of an application made by the Director of Public Prosecution under Part 8 of the Crimes (Appeal and Review) Act 2001 (NSW).

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

Date Last Published: 20/01/2017

4.13. Criminal appeals to Court of Criminal Appeal and High Court

Legal aid is available for appeals to the New South Wales Court of Criminal Appeal and the High Court of Australia.


4.13.1 Appeals to the NSW Court of Criminal Appeal and the High Court

For legal aid to be granted for an appeal to the New South Wales Court of Criminal Appeal or the High Court the following tests must be satisfied:

See Criminal Law Guideline 1.3.3 on costs for transcripts in indictable appeals.

Legal Aid NSW officers authorised under the Delegation Instrument can determine applications for legal aid for sentence appeals or all grounds appeals to the New South Wales Court of Criminal Appeal and appeals to the High Court.

Note: See Criminal Law Guideline 1.14.1 for guidance on considering whether there are reasonable prospects of success for a conviction appeal to the Court of Criminal Appeal.

Note: See Criminal Law Guideline 1.14.2 for guidance on considering whether the applicant satisfies Merit Test A for responding to a Crown sentence appeal to the Court of Criminal Appeal.


4.13.2 Appeals under s5F of the Criminal Appeal Act

Legal aid is available for an appeal under s5F of the Criminal Appeal Act 1912 (NSW).

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

Legal Aid NSW officers authorised under the Delegation Instrument can determine applications for legal aid these matters.

Note: See Criminal Law Guideline 1.14.2 for guidance on considering whether the applicant satisfies Merit Test A for responding to an appeal to the Court of Criminal Appeal.


4.13.3 Appeals following a retrial

Legal aid is available for an appeal following a retrial.

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

Last published:  12/11/2018

4.14. Matters under Part 7 of the Crimes (Appeal and Review) Act

Legal aid is available for the following proceedings under Part 7 of the Crimes (Appeal and Review) Act 2001 (NSW).


4.14.1 Initial applications under Part 7

Legal aid is available for an initial application under Part 7 of the Crimes (Appeal and Review) Act 2001(NSW) which includes

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

Note: The Chief Executive Officer has not delegated the authority to make determinations under s.34 of the Legal Aid Commission Act 1979 in relation to matters under Part 7 of the Crimes (Review and Appeal) Act 2007 (NSW).

4.14.2 Proceedings in the Court of Criminal Appeal under Part 7

Legal aid is available for proceedings under Part 7 of the Crimes (Appeal and Review) Act 2001(NSW) for:

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

Note: The Chief Executive Officer has not delegated the authority to make determinations under s.34 of the Legal Aid Commission Act 1979 in relation to matters under Part 7 of the Crimes (Review and Appeal) Act 2007 (NSW).


4.14.3 Inquiries under Part 7 of the Crimes (Appeal and Review) Act

Legal aid is available for an Inquiry conducted by a judicial officer under Part 7 of the Crimes (Appeal and Review) Act 2001(NSW).

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

Note: The Chief Executive Officer has not delegated the authority to make determinations under s.34 of the Legal Aid Commission Act 1979 in relation to matters under Part 7 of the Crimes (Review and Appeal) Act 2001 (NSW).


4.14.4 Part 7 of the Crimes (Appeal and Review) Act

Legal aid is not available for proceedings relating to summary offences where Part 2 of the Crimes (Appeal and Review) Act 2001 (NSW) applies.


Date Last Published: 20/01/2017

4.15. Land and Environment Court matters

4.15.1 Prosecutions in the Land and Environment Court

Legal aid is available to defend prosecutions in the Land and Environment Court under environmental protection legislation including under the Protection of the Environment Operations Act 1997 (NSW).

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

either

An example of exceptional circumstances may be that the applicant for legal aid is at special disadvantage.

4.15.2 Appeals against interlocutory judgment or orders

Legal aid is available for appeals against an interlocutory judgment or Order made by a Judge in the Land and Environment Court.

Legal aid is available for an appeal against an interlocutory judgment or Order made by a Judge in the Land and Environment Court under s5F of the Criminal Appeal Act 1912 (NSW).

For legal aid to be granted in appeals under s5F of the Criminal Appeal Act 1912 (NSW) the following tests must be satisfied:

Legal Aid NSW officers authorised under the Delegation Instrument can determine applications for legal aid in these matters.


Date Last Published: 20/01/2017

4.16. Children's criminal matters

For further information on children's criminal matters see Legal Aid NSW Children's Legal Service.

4.16.1 Criminal matters in the Children's Court

Legal aid is available to children for State and Commonwealth criminal matters in the  Children's Court.

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

There is no means, merit or unpaid contributions test applied.

Note: This policy includes children who are defendants in Apprehended Personal Violence Orders.

4.16.2 Restorative Justice Programs –Youth Conferencing

Legal aid is available to a young person who is participating in a restorative justice program where the court makes an order in relation to:

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

There is no means, merit or unpaid contributions test applied.

4.16.3 Children as informants in the Children's Court

Legal aid is available to children acting as informants in criminal matters (other than in apprehended domestic violence proceedings) in the Children's Court.

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

There is no means, merit or unpaid contributions test applied.

Who can be a child informant?

When considering applications for legal aid from child informants, Legal Aid NSW must be satisfied that the child is permitted under the relevant legislation to bring those proceedings on his/her own behalf.

Example: A child under sixteen (16) years is not able to commence proceedings for an apprehended violence order on his/her own behalf.

4.16.4 Appeals to the District Court

Legal aid is available to children for appeals to the District Court from a magistrate's decision.

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

Legal Aid officers authorised under the Delegation Instrument can determine these grants of aid.

4.16.5 Appeals from the Local Court to the Supreme Court

Legal aid is available for appeals from the Local Court to the Supreme Court.

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

Legal Aid officers authorised under the Delegation Instrument can determine these grants of aid.

4.16.6 Committal proceedings

Legal aid is available to children for committal proceedings.

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

4.16.7 Indictable and sentence matters in the Supreme and District Court

Legal aid is available to children for trials and sentence matters in the District and Supreme Court.

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

4.16.8 Appeals to the Court of Criminal Appeal and High Court

Legal aid is available to children for appeals to the New South Wales Court of Criminal Appeal and the High Court.

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

Legal Aid NSW officers authorised under the Delegation Instrument can determine applications for grants of aid for appeals to the Court of Criminal Appeal and appeals to the High Court.


Date Last Published: 20/01/2018

4.17. Prisoners' matters

Legal aid is available to prisoners for representation in the following types of matters.

Note: The policy for granting legal aid in relation to defending applications made by the Attorney General under the Crimes (High Risk Offenders) Act 2006 (NSW) are set out in the civil law policies at 6.7 and the criminal law policies at 4.18.


4.17.1 Hearings before the Parole Authority

Legal aid is available to prisoners for representation in hearings before the Parole Authority.

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

For further information about prisoner's matters contact Legal Aid NSW Prisoner's Legal Service.


4.17.2 Life Re-sentencing matters

Legal aid is available to prisoners for representation in life re-sentencing matters.

For legal aid to be granted in these matters the applicant for legal aid will need to meet


4.17.3 Review Hearings in relation to a segregation direction

Legal aid is available to prisoners for representation in relation to a Segregation Direction.

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


4.17.4 Matters conducted by visiting justices

Legal aid is available to prisoners for representation in certain gaols in matters conducted by a visiting Justice.

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


4.17.5 Supreme Court matters

Legal aid is available to prisoners for representation in the Supreme Court for the review of a decision of the State Parole Authority, the High Risk Offenders Assessment Committee or the Commissioner of Corrective Services NSW that has or could have a substantial effect on the prisoners parole.

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

Date Last Published: 20/01/2017

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:

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

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:

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:

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

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

4.19. Matters for which legal aid is not available

Legal aid is not available for the following type of matters:

Date Last Published: 25/10/2017