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Policies

6. Civil law matters - when legal aid is available

6.22. Proceeds of crime matters

Legal aid is available for proceedings under the Proceeds of Crime Act 2002 (Cth) (the POC Act) if the applicant has property that is covered by a restraining order under the POC Act, or is likely to be covered by such an order.

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

Applying Means Test A

In assessing an applicant's eligibility under the means test, Legal Aid NSW must disregard any of the applicant's property that is subject to a restraining or confiscation order under the Proceeds of Crime Act 2002 (Cth), or is likely to be covered by such an order.

See Civil Law Guideline 3.2 on requirements to attend ADR.

See Civil Law Guideline 3.7 on applying proceeds of crime policy.

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

See Civil Law Guideline 3.10 on applying tests in Commonwealth matters.

Note

These matters are either conducted by the in-house criminal law practice or assigned to criminal law practitioners.

Legal aid is not available for State proceeds of crime matters.

Date last published: 24/01/2017