Policies
6. Civil law matters - when legal aid is available
6.9 Matters under Working with Children legislation
6.9.1 Proceedings in the NSW Civil and Administrative Tribunal
Legal aid is available to applicants for proceedings under Part 4 of the Child Protection (Working with Children) Act 2012 (NSW) in the NSW Civil and Administrative Tribunal.
To be eligible for legal aid the applicant must satisfy:
- the Means Test
- the Merit Test, and
either
- the applicant's employment or potential employment is affected by the clearance decision or disqualification, or
- the applicant is an ‘authorised carer’ or prospective ‘authorised carer’, or
- Legal Aid NSW is satisfied there are exceptional circumstances.
See Civil Law Guideline 3.2 on requirement to attend ADR.
See Civil Law Guideline 3.8 on grants of aid for test cases.
6.9.2 Appeals from a decision of the NSW Civil and Administrative Tribunal
Legal aid is available for appeals from a decision of the NSW Civil and Administrative Tribunal (NCAT) under Part 4 of the Child Protection (Working with Children) Act 2012 (NSW).
To be eligible for legal aid the applicant must satisfy:
- the Means Test
- the Merit Test, and
- it is a type of matter for which legal aid is available in the NSW Civil and Administrative Tribunal.
Date last published: 05/12/2022