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Policies

6. Civil law matters - when legal aid is available

6.19. Commonwealth benefits including pensions, allowances and social security

6.19.1 When legal aid is available for Commonwealth benefit matters

Legal aid is available where a decision has been made which affects the receipt or amount of a Commonwealth pension, benefit or allowance.

6.19.2 Representation in the Administrative Appeals Tribunal General Division

Legal aid is available for representation in the Administrative Appeals Tribunal General Division where a decision has been made that affects a legal aid applicant's receipt or payment of a Commonwealth pension, benefit or allowance.

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

Legal Aid NSW is satisfied that, either:

  • the applicant could potentially incriminate himself or herself or
  • the case is complicated, or
  • the case requires significant medical evidence, or
  • it would be unreasonable to expect the applicant to represent herself or himself due to a special circumstance, or
  • the appeal raises important or complex questions of law.

See Civil Law Guideline 3.2 on requirements to attend ADR

See Civil  Law Guideline 3.8 on grants of aid for test cases.

See Civil Law Guideline 3.11 on applying tests in Commonwealth matters.

6.19.3 Appeals from the Administrative Appeals Tribunal General Division

Legal aid is available for appeals from the Administrative Appeals Tribunal General Division to the Federal Court in relation to pension, allowances and social security matters.

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

Legal Aid NSW must be satisfied that there is a strong prospect of substantial benefit being gained by the applicant in appealing the decision.

See Civil Law Guideline 3.2 on requirements to attend ADR

See Civil Law Guideline 3.8 on grants of aid for test cases.

See Civil Law Guideline 3.11 on applying tests in Commonwealth matters.

Date last published: 14/01/2019