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6. Civil law matters - when legal aid is available

6.17. Sexual assault communications privilege matters

6.17.1 Representation for protected confiders

Legal aid is available to a person who is a protected confider seeking to oppose:

  • the production of protected confidences, and/or
  • the adduction of evidence in relation to protected confidence

in criminal law and civil law proceedings where the sexual assault communication privilege applies.

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

There is no means test applied in these matters.

Note: For the purposes of this policy 'protected confidences' are communications protected under Chapter 6, Part 5, Division 2 of the Criminal Procedure Act 1986 (NSW) and Chapter 3, Part 3.10, Division 1B of the Evidence Act 1995 (NSW).

Note: Proceedings within criminal trials are administered as civil law grants. The criminal law fee scale applies to these grants.

6.17.2 Representation in appeals under s5F of the Criminal Appeal Act 1912 (NSW)

Legal aid is available for an appeal in relation to these matters under s5F of the Criminal Appeal Act 1912 (NSW).

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

Legal Aid NSW must also be satisfied that:

  • it is an appropriate expenditure of limited public legal aid funds, and
  • that there is a significant issue of public interest.

Note: Legal aid may also be available to protected confiders for appeals to the Court of Criminal Appeal and the High Court: See Criminal Law Policy at 4.13.

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.

Note: Although these are proceedings within a criminal trial they are administered as civil law grants. The criminal law fee scale applies to these grants.

Date last published: 12/11/2018