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

5.2.1 Family law matters for which Legal Aid NSW will grant legal aid

Family law matters under this policy include matters arising under the following legislation:

Family Law Act 1975 (Cth)

Child Support (Assessment) Act 1989 (Cth)

Child Support (Registration and Collection) Act 1988 (Cth)

Children and Young Person's (Care and Protection) Act 1998 (NSW)

5.2.2 Representation in family law matters

A grant of legal aid to applicants in family law matters will be conditional upon the applicant being represented by either:

• an in-house legal practitioner
• a community legal centre (CLC), or
• a private legal practitioner nominated by Legal Aid NSW

See Representation Chapter for further details.

5.2.3 Availability of Funds Test in family law matters

All applications for legal aid in family 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

The types of parenting matters for which legal aid may be available under the Family Law Act 1975 (Cth) include disputes relating to who a child will:

• live with
• spend time with, and
• communicate with.

Note: Where an applicant for legal aid has a parenting matter and a property matter, Legal Aid NSW expects that the proceedings will be commenced together. A grant of legal aid is only available for the property matter where the applicant is also eligible for their parenting matter, unless there are exceptional circumstances. See Family Law Policy 5.6.2.

5.3.2 Parenting matters - for parents

Legal aid is available to parents in court proceedings for parenting matters. Unless the matter is urgent, the applicant must have a certificate issued by the Legal Aid NSW Family Dispute Resolution Unit under s60I of the Family Law Act 1975 (Cth) in relation to the dispute.

To be eligible for legal aid the applicant must satisfy:

• the Means Test
• the Merit Test, and

• there is a dispute about a substantial issue.

Where an applicant for legal aid has a parenting matter and a property matter, legal aid will only be available for the parenting matter where the applicant is also eligible for their property matter, unless there are exceptional circumstances (parenting and property).

Note: All early intervention mediation for family law disputes is administered as an Early Resolution Assistance (ERA) service type and facilitated by the Legal Aid NSW Family Dispute Resolution Unit. For eligibility policies for mediation in parenting matters see: ERA early intervention mediation 1.1: Parenting.

Note: A grant of aid for a parenting order application covers an interim application for a recovery order, location and/or Commonwealth information order where necessary.

Note: Where the applicant for legal aid is in custody see Family Law Guideline 2.19.

5.3.3 Parenting matters - Independent Children's Lawyer

Where the Court makes an order for the independent representation of the child’s interests in parenting proceedings pursuant to s68L of the Family Law Act 1975 (Cth), Legal Aid NSW may fund an Independent Children’s Lawyer if:

• the child is Aboriginal,
• there are allegations of child abuse, child neglect or domestic and family violence,
• there are issues of significant medical, psychiatric or psychological illness or personality disorder in relation to either party or a child or other person having significant contact with the child,
• the material filed by the parents indicates that neither parent seems a suitable carer for the child,
• there is an application in the court’s welfare jurisdiction relating in particular to the medical treatment of the child, or
• Legal Aid NSW is satisfied there are exceptional circumstances in which the participatory needs of the child can only be addressed by the appointment of an ICL.

There is no means or merit test applied.

Note: Where a dispute over the medical treatment of the child involves a special medical procedure, see: Family Law Policy 5.15.1 Special Medical Procedures.

5.3.4 Parenting matters – for people who are not parents

Legal aid is available to people who are not parents in court proceedings for parenting matters where Legal Aid NSW is satisfied that:

• the applicant for legal aid is significant to the care, welfare and development of the relevant child, and
• it is in the child's best interests.

Unless the matter is urgent, the applicant must have a certificate issued by the Legal Aid NSW Family Dispute Resolution Unit under s60I of the Family Law Act 1975 (Cth) in relation to the dispute.

To be eligible for legal aid the applicant must satisfy:

• the Means Test
• the Merit Test, and
• there is a dispute about a substantial issue.

Note: All early intervention mediation for family law disputes is administered as an Early Resolution Assistance (ERA) service type and facilitated by the Legal Aid NSW Family Dispute Resolution Unit. For eligibility policies for mediation in parenting matters see: ERA early intervention mediation 1.1: Parenting.

5.3.5 Parenting matters – for children

Legal aid is available to children in court proceedings for parenting matters.

Unless the matter is urgent, the applicant must have a certificate issued by the Legal Aid NSW Family Dispute Resolution Unit under s60I of the Family Law Act 1975 (Cth) in relation to the dispute.

To be eligible for legal aid the applicant must satisfy:

• the Means Test
• the Merit Test, and
• there is a dispute about a substantial issue.

Legal aid will not be granted to a child if Legal Aid NSW determines that:

• the court proceedings should have been initiated by a parent or a person who has parental responsibility for the child, or
• the matter could have been dealt with by an order for the appointment of an independent children's lawyer.

Note: All early intervention mediation for family law disputes is administered as an Early Resolution Assistance (ERA) service type and facilitated by the Legal Aid NSW Family Dispute Resolution Unit. For eligibility policies for mediation in parenting matters see: ERA early intervention mediation 1.1: Parenting.

Date Last Published: 09/01/2023

5.4.1 Varying or discharging parenting orders – for parents

Legal aid is available to parents for court applications to vary or discharge parenting orders made under the Family Law Act 1975 (Cth).

Unless the matter is urgent, the applicant must have a certificate issued by the Legal Aid NSW Family Dispute Resolution Unit under s60I of the Family Law Act 1975 (Cth) in relation to the dispute.

To be eligible for legal aid the applicant must satisfy:

• the Means Test
• Merit Test
• there is a dispute about a substantial issue, and
  • there has been a material change in circumstances since the parenting orders or parenting plan were made, or
  • the court application is imperative.

Note: All early intervention mediation for family law disputes is administered as an Early Resolution Assistance (ERA) service type and facilitated by the Legal Aid NSW Family Dispute Resolution Unit. For eligibility policies for mediation in parenting matters see: ERA early intervention mediation 1.1: Parenting

Note: Where the applicant for legal aid is in custody see Family Law Guideline 2.19.

5.4.2 Varying or discharging parenting orders – Independent Children's Lawyer

Where the Court makes an order pursuant to s68L of the Family Law Act 1975 (Cth) for the independent representation of the child’s interests in proceedings to vary or discharge parenting orders, Legal Aid NSW may fund an Independent Children’s Lawyer if:

• the child is Aboriginal,
• there are allegations of child abuse, child neglect or domestic and family violence,
• there are issues of significant medical, psychiatric or psychological illness or personality disorder in relation to either party or a child or other person having significant contact with the child,
• the material filed by the parents indicates that neither parent seems a suitable carer for the child,
• there is an application in the court’s welfare jurisdiction relating in particular to the medical treatment of the child, or
• Legal Aid NSW is satisfied there are exceptional circumstances in which the participatory needs of the child can only be addressed by the appointment of an ICL.

There is no means or merit test applied.

Note: Where a dispute over the medical treatment of the child involves a special medical procedure, see: Family Law Policy 5.15.1 Special Medical Procedures.

Note: Legal Aid NSW will not automatically fund an Independent Children’s Lawyer on the basis the child’s interests were represented by an ICL in the primary proceedings.

5.4.3 Varying or discharging parenting orders – for people who are not parents

Legal aid is available to people who are not parents for court applications to vary or discharge parenting orders made under the Family Law Act 1975 (Cth) where Legal Aid NSW is satisfied that:

• the applicant for legal aid is significant to the care, welfare and development of the relevant child, and
• it is in the child's best interests.

Unless the matter is urgent, the applicant must have a certificate issued by the Legal Aid NSW Family Dispute Resolution Unit under s60I of the Family Law Act 1975 (Cth) in relation to the dispute.

To be eligible for legal aid the applicant must satisfy:

• the Means Test
• Merit Test
• there is a dispute about a substantial issue, and
  • there has been a material change in circumstances since the parenting orders or parenting plan were made, or
  • the court application is imperative.

Note: All early intervention mediation for family law disputes is administered as an Early Resolution Assistance (ERA) service type and facilitated by the Legal Aid NSW Family Dispute Resolution Unit. For eligibility policies for mediation in parenting matters see: ERA early intervention mediation 1.1: Parenting.

5.4.4 Varying or discharging parenting orders – for children

Legal aid is available to children for court applications to vary or discharge parenting orders made under the Family Law Act 1975 (Cth).

Unless the matter is urgent, the applicant must have a certificate issued by the Legal Aid NSW Family Dispute Resolution Unit under s60I of the Family Law Act 1975 (Cth) in relation to the dispute.

To be eligible for legal aid the applicant must satisfy:

• the Means Test
• Merit Test
• there is a dispute about a substantial issue, and
  • there has been a material change in circumstances since the parenting orders or parenting plan were made, or
  • the court application is imperative.

Legal aid will not be granted to a child if Legal Aid NSW determines that:

• the court proceedings should have been initiated by a parent or a person who has parental responsibility for the child, or
• the matter could have been dealt with by an order for the appointment of an independent children's lawyer.

Note: All early intervention mediation for family law disputes is administered as an Early Resolution Assistance (ERA) service type and facilitated by the Legal Aid NSW Family Dispute Resolution Unit. For eligibility policies for mediation in parenting matters see: ERA early intervention mediation 1.1: Parenting.

Date Last Published: 09/01/2023

5.5.1 Recovery orders

Legal aid is available for proceedings under the Family Law Act 1975 (Cth) for the recovery of a child.

To be eligible for legal aid the applicant must satisfy:

• the Means Test
• the Merit Test

Note: a grant of aid for a recovery order application covers an interim application for a location and/or Commonwealth information order where necessary.

Note: see Family Law Policy 5.3 for recovery applications where there are no parenting orders in place.

See Family Law Guideline 2.8 about costs cap for these types of matters.


Date Last Published: 05/12/2022

Note: Where an applicant has a parenting and property matter, Legal Aid NSW expects that the proceedings will be conducted together. Unless there are exceptional circumstances, this means an applicant must be eligible for the property matter to be funded for the property and parenting matter. See Family Law Policy 5.6.2.

5.6.1 Property settlement matters

Legal aid is available in court proceedings for property settlement matters under the Family Law Act 1975 (Cth).

Unless the matter is urgent, the applicant must have a certificate issued by the Legal Aid NSW Family Dispute Resolution Unit in relation to the dispute.

To be eligible for legal aid the applicant must satisfy:

• the Means Test
• the Merit Test, and
  • the dispute relates to superannuation and/or the matrimonial or de facto home, the applicant will retain the home and the estimated equity in the home and/or deferred benefit is more than $20,000,

  or

  • where the applicant is not retaining the home or the dispute relates to property other than the home or superannuation, the applicant’s  experience of domestic or family violence or disability is likely to impact on their ability to effectively negotiate a reasonable property settlement, or there are exceptional circumstances.

Note: All early intervention mediation for family law disputes is administered as an Early Resolution Assistance (ERA) service type and facilitated by the Legal Aid NSW Family Dispute Resolution Unit. For eligibility policies for mediation in parenting matters see: ERA early intervention mediation 1.2: Property

Note: legal aid is also available to applicants seeking to intervene as a third party in proceedings under the Family Law Act 1975 (Cth). See Civil Law Policy 6.4.2: proceedings to protect a person's interest in the home.

Note: Where legal aid is granted under Family Law Policy 5.6: property settlement after separation, Legal Aid NSW will not take into account any money recovered up to $52,000 when calculating the contribution to legal costs. Any amount in excess of $52,000 will be subject to the contributions policy (see Contributions Policy 11.3.5 and Contributions Guideline 5.5.3)

See Family Law Guideline 2.11 on grants of aid made in relation to preservation of property and where there is a risk the property may be disposed of.

5.6.2 Property settlement and parenting matters

Where an applicant for legal aid has a parenting matter and a property matter, legal aid will only be available for the parenting matter (Family Law Policy 5.3) where the applicant is also eligible for their property matter (Family Law Policy 5.6), unless there are exceptional circumstances (parenting and property).

Date Last Published: 30/03/2023

5.7.1 Spousal and de facto maintenance - applicants

Legal aid is available to make a court application to obtain or increase spousal or de facto maintenance.

Unless the matter is urgent, the applicant must have a certificate issued by the Legal Aid NSW Family Dispute Resolution Unit under s60I of the Family Law Act 1975 (Cth) in relation to the dispute.

To be eligible for legal aid the applicant must satisfy:

• the Means Test
• the Merit Test
• the other party's whereabouts are known, or there are reasonable grounds for obtaining substituted service on that party, and
• there is good reason to believe that the other party has the capacity to make or increase maintenance payments or is likely to have that capacity in the future.

Note: All early intervention mediation for family law disputes is administered as an Early Resolution Assistance (ERA) service type and facilitated by the Legal Aid NSW Family Dispute Resolution Unit. For eligibility policies for mediation in parenting matters see: ERA early intervention mediation 1.3: Spousal and de facto maintenance

5.7.2 Spousal or de facto maintenance - defendants

Legal aid is available to defend a court application to obtain or increase spousal or de facto maintenance.

To be eligible for legal aid the applicant must satisfy:

• the Means Test
• the Merit Test
• it is unlikely that the court would make an order for the amount sought by the other party, and
• the applicant cannot adequately defend the court application without legal representation.

5.7.3 Reducing spousal or de facto maintenance - applicants and defendants

Legal aid is available to make, or defend, a court application to reduce spousal or de facto maintenance.

Unless the matter is urgent, the applicant must have a certificate issued by the Legal Aid NSW Family Dispute Resolution Unit under s60I of the Family Law Act 1975 (Cth) in relation to the dispute.

To be eligible for legal aid the applicant must satisfy:

• the Means Test
• the Merit Test, and

• the applicant cannot adequately make or defend the court application without legal representation.

Note: All early intervention mediation for family law disputes is administered as an Early Resolution Assistance (ERA) service type and facilitated by the Legal Aid NSW Family Dispute Resolution Unit. For eligibility policies for mediation in parenting matters see: ERA early intervention mediation 1.3: Spousal and de facto maintenance

Date Last Published: 05/12/2022

5.8.1 Child maintenance

Legal aid is available for court applications under the Family Law Act 1975 (Cth) for child maintenance where an application for an administrative assessment of child support cannot properly be made.

To be eligible for legal aid the applicant must satisfy:

• the Means Test
• the Merit Test

Where the applicant for legal aid is the child, Legal Aid NSW must also be satisfied that the child is the most appropriate person to seek the order.

Where the application relates to adult child maintenance, the applicant must have a certificate issued by the Legal Aid NSW Family Dispute Resolution Unit under s60I of the Family Law Act 1975 (Cth) in relation to the dispute.

Note: All early intervention mediation for family law disputes is administered as an Early Resolution Assistance (ERA) service type and facilitated by the Legal Aid NSW Family Dispute Resolution Unit. For eligibility policies for mediation in parenting matters see: ERA early intervention mediation 1.4: Adult child maintenance

5.8.2 Child support

Legal aid is available to apply for orders and to respond to applications under the Child Support (Assessment) Act 1989 (Cth) or the Child Support (Registration and Collection) Act 1988 (Cth)

To be eligible for legal aid the applicant must satisfy:

• the Means Test
• the Merit Test, and

• it is appropriate to make an application to a court rather than an administrative application, for example where leave of the court is required to depart from a child support assessment that is more than 18 months old.

The grant of legal aid will normally be limited to proceedings in the Local Court or the Federal Circuit Court, unless such proceedings are unavailable.

See the Legal Aid NSW Child Support Service for information about the services available.

5.8.3 Appeals to the Administrative Appeals Tribunal (first review) in relation to child support and maintenance decisions

Legal aid is available for appeals to the Administrative Appeals Tribunal (AAT) under child support legislation in relation to:

• a first review of a child support or child maintenance decision by the Child Support Agency.

To be eligible for legal aid the applicant must satisfy:

• the Means Test
• the Merit Test, and

• the applicant for legal aid is unable to adequately represent themselves before the AAT.

In determining whether the applicant is unable to adequately represent themselves before the AAT, Legal Aid NSW will take into account whether the applicant is experiencing, or at risk of, domestic or family violence.

5.8.4 Appeals to the Administrative Appeals Tribunal (second review) in relation to child support and maintenance decisions

Legal aid is available for  appeals to the Administrative Appeals Tribunal (AAT) under child support legislation in relation to:

• a second review of a decision of the Administrative Appeals Tribunal (where a second review is permissible under the Administrative Appeals Act)

To be eligible for legal aid the applicant must satisfy:

• the Means Test
• the Merit Test, and

• the applicant for legal aid is unable to adequately represent themselves before the AAT.

In determining whether the applicant is unable to adequately represent themselves before the AAT, Legal Aid NSW will take into account whether the applicant is experiencing, or at risk of, domestic or family violence.

5.8.5 Appeals to the court in relation to child support and maintenance decisions

Legal aid is available for appeals on a question of law from a decision of the Administrative Appeals Tribunal.

To be eligible for legal aid the applicant must satisfy:

• the Means Test
• the Merit Test, and

• the applicant for legal aid is unable to adequately represent themselves before the court.

5.8.6 Arrears of spousal or child maintenance or child support

Legal aid is available for court proceedings for payment of arrears of child maintenance or child support.

To be eligible for legal aid the applicant must satisfy:

• the Means Test
• the Merit Test

• the applicant cannot adequately prepare the court application or present the case to the court without legal assistance, and
• the appropriate legal assistance cannot be obtained from another source, or the applicant for aid is also seeking the resolution of another family law matter by the court.

5.8.7 United Nations Convention on Recovery Abroad of Maintenance (UNCRAM) Delegation

Legal Aid is available in relation to the recovery of child support or maintenance where an application via UNCRAM is the only option.

The means and merit tests are not applied.

5.8.8 Child Support Parentage matters

Legal aid is available for a court applications to seek or oppose a declaration in relation to parentage under the Child Support (Assessment) Act 1989 (Cth) (the Act) that is either:

• a declaration under s106A of the Act that a person should be assessed in relation to the costs of a child because they are a parent of the child, or
• a declaration under s107 of the Act that a person should not have been assessed in relation to the costs of a child because they are not a parent of the child.

To be eligible for legal aid the applicant must satisfy:

• the Means Test
• the Merit Test, and

Where the application is for a declaration under s106A of the Child Support (Assessment) Act 1989 (Cth), Legal Aid NSW must  be satisfied that:

• the Legal Aid NSW Child Support Service or some other appropriate service for example a community legal centre cannot assist, and
• either party denies that the other party is the child's parent, and
• the other party's whereabouts are known, or there are reasonable grounds for obtaining an order for substituted service on that party, and
• there is good reason to believe that the other party has the capacity to pay child support for the child.

Where the application is for a declaration under s107 of the Child Support (Assessment) Act 1989 (Cth), Legal Aid NSW must  be satisfied that:

• the Legal Aid NSW Child Support Service or some other appropriate service for example a community legal centre cannot assist, and
• either party denies that the other party is the child's parent, and
• the applicant provides adequate reasons to oppose a finding of parentage.

5.8.9 DNA parentage testing

Legal aid is available for DNA parentage testing where the applicant has been granted legal aid for:

• A child support parentage matter (See 5.8.8 above), or
• An application for parenting orders in relation to who the child lives with and spends time with (See 5.3) and

• The issue of parentage can only be resolved through DNA parentage testing.

See Family Law Guideline 2.8 on cost recovery in parentage matters.


Date Last Published: 05/12/2022

5.9 Divorce and nullity of marriage

Legal aid is available for a court application relating to divorce or nullity of marriage.

To be eligible for legal aid the applicant must satisfy:

• the Means Test
• the Merit Test, and

It would not be reasonable to expect the applicant for legal aid to conduct the proceedings due to:

• the complexity of the matter, and
• the personal circumstances of the applicant.

Note: Where the applicant for legal aid is in custody see Family Law Guideline 2.19.

Date Last Published: 05/12/2022

Legal aid is available for the following types of international abduction matters:

• to defend an application to the court against proceedings brought by Family and Community Services under the Family Law (Child Abduction Convention) Regulations 1986 (Cth) for
• • the return of a child who has been removed from a convention country to, or retained in, Australia, or
  • for access to a child who is living in Australia
• to make an application to the court under the Family Law (Child Abduction Convention) Regulations 1986 (Cth) for a declaration that the removal of a child from Australia to a convention country, or the retention of a child in a convention country, is wrongful within the meaning of the Convention.

To be eligible for legal aid the applicant must satisfy:

• the Means Test
• the Merit Test

Note: Legal Aid funding is availabile for Family Dispute Resolution for these types of matters.

Date Last Published: 05/12/2022

5.11.1 Contravention of parenting orders

Legal aid is available to make an application or respond to an application in court proceedings for contravention of parenting orders.

To be eligible for legal aid the applicant must satisfy:

• the Means Test
• the Merit Test

Where a related application to vary orders has been filed, please see Family Law Policy 5.4: variation of parenting orders.

Note: Legal aid is not available for enforcement of orders.


Date Last Published: 05/12/2022

5.12.1. Appeals

Legal aid is available for appeals in family law and child support matters. To be eligible for legal aid, the applicant must satisfy:

• the Means Test
• Merit Test
• the Availability of Funds Test.

5.12.2 Independent Children's Lawyer

Legal Aid NSW may fund an Independent Children’s Lawyer in an appeal where Legal Aid NSW is satisfied the issue on appeal requires the participation of the Independent Children’s Lawyer to represent the best interests of the child.

To be eligible for legal aid the Independent Children’s Lawyer participation in the appeal must satisfy:

• the Merit Test

Date Last Published: 09/01/2023

Legal aid is available for a family law or child support matter where there has been contempt of court.

To be eligible for legal aid the applicant must satisfy:

• the Means Test
• the Merit Test

• the applicant for legal aid is the respondent in the court proceedings, and
• Legal Aid NSW is satisfied that there is a real possibility of a term of imprisonment being imposed.

Date Last Published: 05/12/2022

Legal aid is available for proceedings under the Children and Young Persons (Care and Protection) Act 1998 (NSW).

5.14.1 Care and protection matters - alternative dispute resolution - for adults

Legal aid is available for dispute resolution conferencing and external alternative dispute resolution under the Children and Young Persons (Care and Protection) Act 1998 (NSW) when there are no current proceedings under that Act, if the legal aid applicant:

• has parental responsibility for the child or young person, or
• has had an aspect of parental responsibility for the child or young person removed by an order of the court.

To be eligible for legal aid the applicant must satisfy:

• the Means Test
• the Merit Test

• it is reasonable to provide representation
• the applicant is at special disadvantage, and
• there is a benefit to the child or young person that might be gained by the applicant receiving legal aid. See Family Law Guideline 2.13.

5.14.2 Care and protection matters - alternative dispute resolution - for children and young people

Legal aid is available to the child or young person (or a child representative appointed by the court) for dispute resolution conferencing and external alternative dispute resolution under the Children and Young Persons (Care and Protection) Act 1998 (NSW) where there are no current court proceedings.

To be eligible for legal aid the applicant must satisfy:

• the Merit Test, and

• it is reasonable to provide representation.

5.14.3 Contact Dispute Mediation - for children and young people

Legal aid is available for attendance at a pre-litigation contact dispute mediation to a child or young person who is the subject or potential subject of an application under s 86(1A) of the Children and Young Persons (Care and Protection) Act 1998 (NSW).

There is no means test applied.

See Policy 12.4.3 on how Legal Aid NSW decides which legal representative will conduct the matter.

5.14.4 Contact Dispute Mediation - for adults

Legal aid is available to an adult for attendance at a pre-litigation contact dispute mediation.

To be eligible for legal aid the applicant must satisfy:

• the Means Test
• the Merit Test
• it is reasonable to provide representation, and

• the applicant is at significant disadvantage.

See Policy 12.4.4 on how Legal Aid NSW decides which legal representative will conduct the matter.

5.14.5 External Care and Protection Mediation

Legal aid is available for external care and protection mediation to a person who has a grant of legal aid for current Children's Court proceedings under the Children and Young Persons (Care and Protection) Act 1998 (NSW).

To be eligible for legal aid the applicant must satisfy:

• the Means Test
• the court has referred the legal aid applicant to external care and protection mediation.

5.14.6 External Care and Protection Mediation- for children

Legal aid is available for external mediation to a child or young person who has a grant of legal aid for current Children's Court proceedings under the Children and Young Persons (Care and Protection) Act 1998 (NSW).

For a grant of legal aid to be made in these types of matters Legal Aid NSW must be satisfied that the Court has referred the chid or young person to external care and protection mediation.

There is no means test applied.

5.14.7 Care Circle Conferences - for adults

Legal aid is available to a person for attendance at Care Circles Conferences, where the person has a grant of legal aid for current Children's Court proceedings under the Children and Young Persons (Care and Protection) Act 1998 (NSW).

To be eligible for legal aid the applicant must satisfy:

• the Means Test
• the court has referred the legal aid applicant to the Care Circle Conference.

5.14.8 Care Circle Conferences - for children

Legal aid is available to the child or young person (or a child representative appointed by the court) for attendance at Care Circles Conferences where the child or young person has a grant of legal aid for current proceedings under the Children and Young Persons (Care and protection) Act 1998 (NSW).

For a grant of legal aid to be made in these types of matters, Legal Aid NSW must be satisfied that the court has referred the legal aid applicant to the Care Circle Conference.

There is no means or merit test applied.

5.14.9 Care proceedings – for parents

Legal aid is available for care and protection proceedings under the Children and Young Persons (Care and Protection) Act 1998 (NSW), in the Children's Court and the legal aid applicant:

• has parental responsibility for the child or young person, or
• has had an aspect of parental responsibility removed by order of a court.

Note: Before funding the grant of aid for a final hearing Legal Aid NSW must be satisfied that the legally assisted person has reasonable prospects of achieving a better outcome than that which has been proposed in the Care Plan. See Family Law Guideline 2.13 on how this aspect of the policy is to be applied. Legal aid for applications under this policy includes aid for any dispute resolution conference.

The grant of legal aid extends to include any court ordered alternative dispute resolution.

5.14.10 Care proceedings - legal aid for children and young people

Legal aid is available to a child and young persons (or for a child representative appointed by the court) for care and protection proceedings in the Children's Court.

There is no means or merit test applied.

The grant of legal aid extends to include any court ordered alternative dispute resolution. .

5.14.11 Proceedings in the Children's Court - post final orders - for parents

Legal aid is available for care and protection proceedings under the Children and Young Persons (Care and Protection) Act 1998 (NSW) in the Children's Court, where the legal aid applicant:

• has parental responsibility for the child or young person, or
• has had an aspect of parental responsibility removed by order of a court.

The types of matters which may be included under this policy are:

• applications for compulsory assistance orders
• application for variation or recission orders
• applications for sole parental responsibility by an authorised carer, and
• serious and persistent conflict matters where the applicant for legal aid is the applicant in the proceedings.
• applications for contact orders
• applications for guardianship orders

To be eligible for legal aid the applicant must satisfy:

• the Means Test
• the Merit Test

Legal aid is only available for contact order proceedings when:

• the legal aid applicant has attended mediation, or
• there are exceptional circumstances.

The grant of legal aid extends to include any court ordered alternative dispute resolution.

5.14.12 Care proceedings - for people who are significant to the child

Legal aid is available for care and protection proceedings under the Children and Young Persons (Care and Protection) Act 1998 (NSW), in the Children's Court where the legal aid applicant is a person who:

• is significant to the care, welfare and development of the child, and
• has a genuine concern for the safety, welfare and well-being of the child or young person.

To be eligible for legal aid the applicant must satisfy:

• the Means Test
• the Merit Test, and

• there is a benefit to the child or young person that might be gained by the applicant receiving legal aid.

See Family Law Guideline 2.13 on how to apply the benefit to the child test.

The grant of legal aid extends to include any court ordered alternative dispute resolution

Note: this policy covers an applicant who is either a person or a representative of an Aboriginal and Torres Strait Islander family or community who has been given leave to be heard under s 87 of the Children and Young Persons (Care and Protection) Act. See Means Test at 7.12 for how different types of applicants are treated under the Means Test.

5.14.13 Care proceedings in the District, Supreme and High Court –  for adults

Legal aid is available for care and protection appeals in the District, Supreme and High Court to a person:

• who has parental responsibility for the child or young person, or
• from whom an aspect of parental responsibility has been removed by an order of a court, and
• has a genuine concern for the safety, welfare and well-being of the child or young person.

To be eligible for legal aid the applicant must satisfy:

• the Means Test
• the Merit Test, and

• there is a benefit to the child or young person that might be gained by the applicant receiving legal aid.

See Family Law Guideline 2.13 on applying the benefit to the child test.

The grant of legal aid also extends to include any court ordered alternative dispute resolution.

5.14.14 Care proceedings in the District, Supreme and High Court –  for children and young people

Legal aid is available for care and protection appeals in the District, Supreme and High Court to a child or young person (or a child representative appointed by the court).

To be eligible for legal aid the applicant must satisfy:

• the Means Test

The grant of legal aid also extends to include any court ordered alternative dispute resolution.

5.14.15 Supreme Court proceedings pursuant to the Court's inherent jurisdiction –  for adults

Legal aid is available in relation to proceedings for prerogative relief or pursuant to the Supreme Court's inherent jurisdiction.

Legal aid is available to a person:

• who has parental responsibility for the child or young person, or
• from whom an aspect of parental responsibility has been removed by an order of a court,

or

• who is significant to the care, welfare and development of the relevant child or young person, and
• has a genuine concern for the safety welfare and well-being of the child or young person.

To be eligible for legal aid the applicant must satisfy:

• the Means Test
• the Merit Test, and

• there is a benefit to the child or young person that might be gained by the applicant receiving legal aid.

See Family Law Guideline 2.13 for further guidance on applying the benefit to the child test.

5.14.16 Supreme Court proceedings pursuant to the Court's inherent jurisdiction - for children and young people

Legal aid is available to children and young people in relation to proceedings for prerogative relief or pursuant to the Supreme Court's inherent jurisdiction

To be eligible for legal aid the applicant must satisfy:

• the Merit Test

5.14.17 Proceedings in the Administrative and Equal Opportunity Division of NCAT – for authorised carers

Legal aid is available for proceedings in the Administrative and Equal Opportunity Division of NCAT for a review of a decision to:

• authorise or not to authorise a person as an authorised carer
• cancel or suspend a person's authorisation as an authorised carer, or
• grant to, or to remove from an authorised carer the responsibility for the daily care and control of the child or young person.

To be eligible for legal aid the applicant must satisfy:

• the Means Test
• the Merit Test, and

Legal Aid NSW must be satisfied that:

• there are exceptional circumstances,
• it is reasonable to provide representation, and
• there is a benefit to the child or young person that might be gained by the applicant receiving legal aid.

See Family Law Guideline 2.13 on applying the benefit to the child test.

5.14.18 Proceedings in the Administrative and Equal Opportunity Division of NCAT -  for children and young people

Legal aid is available to children and young persons for proceedings in the Administrative and Equal Opportunity Division of NCAT where an order for separate representation has been made, for a review of a decision to:

• authorise or not to authorise a person as an authorised carer, or
• cancel or suspend a person's authorisation as an authorised carer, or
• grant to, or to remove from an authorised carer, the responsibility for the daily care and control of the child or young person.

To be eligible for legal aid the applicant must satisfy:

• the Merit Test

5.14.19 Compulsory schooling order matters – for parents

Legal aid is available to parents for proceedings in relation to compulsory schooling order matters under the Education Act 1990 (NSW) in the Children's Court.

To be eligible for legal aid the applicant must satisfy:

• the Means Test

5.14.20 Compulsory schooling order matters – for children and young people

Legal aid is available to children for proceedings in relation to compulsory schooling order matters under the Education Act 1990 (NSW) in the Children's Court, where the order is directed at the child (as opposed to the parent).

Date Last Published: 05/12/2022

5.15.1 Special Medical Procedure - Independent Children's Lawyer

Where the court makes an order pursuant to s68L of the Family Law Act 1975 (Cth) for the independent representation of the child’s interests in proceedings concerning a special medical procedure, Legal Aid NSW will fund an Independent Children’s Lawyer.

There is no means or merit test applied.

5.15.2 Special Medical Procedure - Parents

Legal aid is available to the parents of a child in Family Court proceedings for special medical procedures involving the child.

To be eligible for legal aid the applicant must satisfy:

• the Means Test

See also civil law policy for special medical procedure matters conducted in the Guardianship Division of NCAT.

Date Last Published: 09/01/2023

Legal aid is available for adoption proceedings as set out below.

5.16.1 Adoption – responding to an adoption application

Legal aid is available for adoption proceedings where the legal aid applicant is the respondent [the birth parent, grandparent or sibling] in the adoption proceedings.

To be eligible for legal aid the applicant must satisfy:

• the Means Test
• the Merit Test

Legal aid is available to a child/ren where the Court has made an order for separate representation of the child/ren.

5.16.2 Adoption – applicants in adoption proceedings

Legal aid is available for adoption proceedings where the legal aid applicant is the applicant in the adoption proceedings.

To be eligible for legal aid the applicant must satisfy:

• the Means Test
• the Merit Test, and

• Legal Aid NSW is satisfied that there are exceptional circumstances.

Legal aid is available to a child/ren where the Court has made an order for separate representation of the child/ren.

Date Last Published: 05/12/2022

If the applicant for legal aid has raised a concern about domestic violence refer to Family Law Guideline 2.7 for guidance on how to apply Legal Aid policies where there is an allegation of domestic violence.

Legal aid is available for Apprehended Domestic Violence Order proceedings in the Local Court as set out in the criminal law policies.


Date Last Published: 20/01/2017