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Policies

6. Civil law matters - when legal aid is available

6.7 Extended supervision orders, continuing detention orders, post-conviction orders, control orders and serious crime prevention orders

6.7.1 Opposing an application made under the Crimes (High Risk Offenders) Act


Legal aid is available to applicants opposing applications made by the Attorney General under the Crimes (High Risk Offenders) Act 2006 (NSW).

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

Note: These are civil law proceedings that are administered as criminal law grants.

6.7.2 Appeals under the Crimes (High Risk Offenders) Act


Legal aid is available to legal aid applicants who are appealing under the Crimes (High Risk Offenders) Act 2006 (NSW) against an extended supervision order or continuing detention order.


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

Note: These are civil law proceedings that are administered as criminal law grants.

6.7.3 Variation or revocation applications under the Crimes (High Risk Offenders) Act

Legal aid is available to legal aid applicants who are defending or applying for a variation or revocation of an extended supervision order or continuing supervision order under the Crimes (High Risk Offenders) Act 2006 (NSW).


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

Note: These are civil law proceedings that are administered as criminal law grants.

6.7.4 Opposing an application for a post-conviction order

Legal aid is available to legal aid applicants opposing an application for an order that follows a finding of guilt or a conviction for a criminal offence.

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

  • the applicant satisfies the Means Test, and
  • the applicant satisfies the Unpaid Contributions Test, and
  • the matter satisfies the Availability of Funds test, and
  • Legal Aid NSW must be satisfied that the conditions of the proposed order would unreasonably restrict the applicant's personal freedom, and
  • there must be reasonable prospects either of successfully opposing the application or of the application being granted on amended terms that place less restriction on the liberty of the applicant.

Examples of post-conviction orders covered by this policy include:

Note: These are civil law proceedings that are administered as criminal law grants.

This policy does not apply to AVO proceedings - see instead Criminal Law Policy 4.4: Apprehended Domestic Violence Orders.

6.7.5 Application to vary, revoke or appeal a post-conviction order

Legal aid is available to legal aid applicants:

  • who are either responding to or seeking the variation of an order, or
  • appealing an order or the conditions of an order

made to a Court following a finding of guilt or a conviction for a criminal offence.

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

Examples of post-conviction orders covered by this policy include:

Note: These are civil law proceedings that are administered as criminal law grants.

This policy does not apply to AVO proceedings - see instead Criminal Law Policy 4.4: Apprehended Domestic Violence.

6.7.6 Opposing applications made under s14 and s19 of the Crimes (Criminal Organisations Control) Act 2009

Legal aid is available to applicants opposing an application for an order made under s14 or s19 of the Crimes (Criminal Organisations Control) Act 2012.

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

  • the Means Test
  • the Unpaid Contributions Test
  • the Availability of Funds test, and
  • Legal Aid NSW must be satisfied that the conditions of the proposed order would unreasonably restrict the applicant's personal freedom, and
  • there must be reasonable prospects either of successfully opposing the application or of the application being granted on amended terms that place less restriction on the liberty of the applicant.

Note: These are civil law proceedings that are administered as criminal law grants.

6.7.7 Applications to vary, revoke or appeal orders made under s14 and s19 of the Crimes (Criminal Organisations Control) Act 2009

Legal aid is available to applicants:

  • who are either responding to or seeking the variation of an order; or
  • appealing an order or the conditions of an order

made under s14 or s19 of the Crimes (Criminal Organisations Control) Act 2012.

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

Note: These are civil law proceedings that are administered as criminal law grants.

6.7.8 Opposing an application made under the Crimes (Serious Crime Prevention Order) Act 2016

Legal aid is available to persons and organisations opposing applications for a serious crime prevention order under the Crimes (Serious Crime Prevention Orders) Act 2016.

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

  • the Means Test
  • the Unpaid Contributions Test
  • the Availability of Funds Test, and
  • if the applicant is a corporation, Legal Aid NSW must be satisfied there are exceptional circumstances.

NOTE: These are civil law proceedings that are administered as criminal law grants.

6.7.9 Persons whose interests may be affected by the making, variation or revocation of an order under the Crimes (Serious Crime Prevention Order) Act 2016

Legal aid is available to applicants

  • whose interests may be affected by the making of a serious crime prevention order against another person, and
  • who were a party to the proceedings for the original order (on the basis that their interests may be affected) so that they can be heard on the application for varying or revoking the order

under the Crimes (Serious Crime Prevention Orders) Act 2016.

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

  • the Means Test
  • the Unpaid Contributions Test
  • Merit Test A
  • the Availability of Funds Test

NOTE: These are civil law proceedings that are administered as criminal law grants.

6.7.10 Appeals under the Crimes (Serious Crime Prevention Order) Act 2016

Legal aid is available to applicants who are appealing a serious crime prevention order under the Crimes (Serious Crime Prevention Orders) Act 2016.

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

  • the Means Test
  • the Unpaid Contributions Test
  • Merit Test A
  • the Availability of Funds Test, and
  • if the applicant is a corporation, Legal Aid NSW must be satisfied there are exceptional circumstances.

NOTE: These are civil law proceedings that are administered as criminal law grants.

6.7.11 Variation or revocation applications under the Crimes (Serious Crime Prevention Order) Act 2016

Legal aid is available to applicants who are defending or applying for a variation or revocation of a serious crime prevention order under the Crimes (Serious Crime Prevention Orders) Act 2016.

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

  • the Means Test
  • the Unpaid Contributions Test
  • Merit Test A
  • the Availability of Funds Test, and
  • if the applicant is a corporation, Legal Aid NSW must be satisfied there are exceptional circumstances.

NOTE: These are civil law proceedings that are administered as criminal law grants.

Last published: 08/05/2017