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Policies

6. Civil law matters - when legal aid is available

6.6. Breach of civil liberties

6.6.1 Breach of civil liberties

Legal aid is available for matters where there has been a breach of the legal aid applicant's civil liberties by a person in a special position of authority

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

Examples of the types of circumstances where a breach of civil liberties may have occurred are set out in Civil Law Guideline 3.20

See Civil Guideline 3.2 on requirements to attend ADR.

see Civil Guideline 3.8 on grants of aid for test cases.

Note: Taking into consideration its available funds and competing priorities, Legal Aid NSW has determined that from 1 January 2013 until further notice, funds are not available under this policy for matters that fall within the scope of the inquiry being undertaken by the Royal Commission into Institutional Responses to Child Sexual Abuse or civil litigation proceedings arising from matters that are related to the Royal Commission inquiry. Funds are not available regardless of whether or not the specific matter has been the subject of evidence before the Royal Commission.

6.6.2 Preventative detention matters

Legal aid is available to a legal aid applicant who is currently or was previously the subject of a preventative detention order under Division 104 or 105 of the Criminal Code 1995 (Cth) for:

  • proceedings for a remedy in relation to a preventative detention order or treatment under such an order, including an application to the Administrative Appeals Tribunal, and
  • making a complaint to the Commonwealth Ombudsman regarding the making of a preventative detention order or treatment under such an order.

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

Note: For other policies in relation to preventative detention, contact order or prohibited contact order matters, please refer to Criminal Law Policy 4.9.

Last published: 14/01/2019