This chapter sets out the requirements that need to be met before legal aid will be granted for a civil law matter. It includes State and Commonwealth matters.

Legal aid may be available for civil law matters in court or tribunal proceedings, including appeals if:

the civil matter comes within the Legal Aid NSW policies, and

the following tests are satisfied:

• the Means Test
• the Merit Test

6.2.1 Civil law matters for which legal aid is available

Legal aid is available for limited types of civil law matters. The types of civil law matters an applicant can get legal aid for and the tests that Legal Aid NSW applies to decide whether an applicant qualifies for legal aid for a civil law matter are set out in this chapter commencing at section 6.4.

6.2.2 Availability of Funds Test in civil law matters

All applications for legal aid in civil law matters are subject to the Availability of Funds Test.

Legal aid will only be granted if Legal Aid NSW determines that sufficient funds are available. The Availability of Fund Test applies to decisions made by the Legal Aid NSW Board that certain state or Commonwealth matter types will not be funded for a specified period of time.

Date Last Published: 05/12/2022

• Civil liberties breach
• Commonwealth decisions that affect the amount or receipt of a pension, benefit or allowance
• Consumer protection matters
• Control Order matters
• Coronial Inquests
• Crimes (High Risk Offenders) Act matters
• Discrimination matters - Commonwealth
• Discrimination matters - State
• Employment - applications for exemptions to work with children
• Employment matters - where applicant is at social disadvantage
• Extradition proceedings
• Guardianship matters
• Human rights - public interest matters
• Loss of home
• Matters under Part 4 Division 4 of the Public Health Act 2010 (NSW)
• Mental health matters
• Migration matters
• NDIS matters
• Proceeds of crime matters
• Protected estates matters
• Sexual Asssault Communication Privilege
• War Veterans' matters

Legal aid is available in the circumstances set out below if there is a likelihood that the applicant for legal aid may lose their home.

6.4.1 Loss of home as a direct result of proceedings for which legal aid is sought

Legal aid is available if there is a likelihood that the applicant may lose their home as a direct result of the proceedings for which the applicant is seeking legal aid, for example:

• eviction
• defending matters relating to a mortgagee's repossession of the legal aid applicant's home
• proceedings relating to mortgage disputes
• proceedings under Chapter 3 (Family Provision) of the Succession Act 2006 (NSW) in circumstances where there is a likelihood that the applicant may lose their home.

Note: where the applicant is a parent who has acted as a guarantor for a child’s business loan, this will not be considered a matter that has resulted from a commercial and business transaction conducted by the applicant.

To be eligible for legal aid the applicant must satisfy:

• the Means Test, and
• the Merit Test

See Civil Law Guideline 3.2 on  requirements to attend ADR.

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

When legal aid is not available under this policy

Legal aid is not available under this policy for matters where the likelihood of the applicant losing their home is an indirect result of the proceedings for example, bankruptcy or claims for debts due where the applicant's home may have to be sold to meet a judgment or adverse costs order.

Legal aid is not available under this policy for proceedings under the Confiscation of Proceeds of Crime Act 1989 (NSW), or other legislation relating to tainted money/property even if there is a likelihood that the applicant may lose their home.

Legal aid may be available for Commonwealth proceeds of crime matters under Civil Law Policy 6.22.

See Civil Law Policy 6.26 on excluded matters.

6.4.2 Proceedings to protect a person's interest in the home

Legal aid is available if there is a likelihood that the applicant will lose their home and Legal Aid NSW considers that it is necessary to take proceedings to protect the applicant's interest in the home in which they normally reside.

This may include family disputes where there is a likelihood the applicant may lose their home in circumstances where the person has contributed financially or otherwise to the home.

Note: This may also include matters where the legal aid applicant is seeking to intervene as a third party in proceedings under the Family Law Act 1975 (Cth). See Family Law Policy 5.6.1: property settlement matters.

Note: This may also include an applicant who is no longer residing in their home because of elder abuse.

To be eligible for legal aid the applicant must satisfy:

• the Means Test, and
• the Merit Test

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 Policy 6.26 on excluded matters.

6.4.3 Tenancy matters

Legal aid is available to tenants for court or tribunal proceedings in tenancy matters, and may include the following types of matters:

• eviction
• tenancy disputes
• security of tenure
• protected matters

To be eligible for legal aid the applicant must satisfy:

• the Means Test, and
• the Merit Test

See Civil Law Guideline 3.2 on  requirements to attend ADR.

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

Last published: 05/12/2022

6.5.1 When legal aid is available for consumer protection matters

Legal aid is available for certain types of consumer protection matters for consumers including:

• tenancy matters (for tenants only)
• credit matters (including mortgages and guarantees)
• matters relating to unconscionable contracts and unfair contract terms
• matters relating to the purchase of goods and services
• matters relating to insurance contracts and superannuation, and
• matters involving a claim or cause of action against a person retained to advise and/or represent a client for the purpose of a consumer transaction.

This policy does not apply to professional negligence matters.The stages of consumer protection matters for which legal aid is available are set out below at sections 6.5.2 to 6.5.5 of this chapter.

6.5.2 Consumer protection matters – external dispute resolution

Legal funding is available to consumers for external dispute resolution.

To be eligible for legal aid the applicant must satisfy:

• the Means Test, and
• the Merit Test

Legal funding will only be made available where it is appropriate in the particular circumstances of the matter that the applicant has legal assistance, taking into account:

• the subjective circumstances of the applicant
• the complexity of the matter, and
• any other relevant factors.

See Civil Law Guideline 3.12 on external dispute resolution.

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

6.5.3 Consumer protection matters – lodging a complaint

Legal funding is available to assist an applicant in lodging a complaint to the regulator in a consumer protection matter.

the pu

To be eligible for legal aid the applicant must satisfy:

• the Means Test,
• the Merit Test, and
• the public interest would be advanced in assisting the applicant to lodge the complaint.

6.5.4 Consumer protection matters – court or tribunal proceedings

Legal aid is available to consumers for court or tribunal proceedings.

To be eligible for legal aid the applicant must satisfy:

• the Means Test,
• the Merit Test, and
• Legal Aid NSW must also be satisfied that one of the following circumstances applies:
  • the applicant has already participated in internal dispute resolution (IDR) and external dispute resolution (EDR) and the parties have not resolved the dispute, or
  • participation in IDR and EDR is unavailable, impractical or not appropriate in the circumstances, or
  • providing legal representation to the applicant for court proceedings would advance the public interest (for example, because there is a significant point of law to be determined).

Where the matter is eligible for the small claims procedure set out at s199 of the National Consumer Credit Protection Act 2009, the following additional requirement must be fulfilled:

• legal aid will only be granted where it is appropriate in the particular circumstances of the matter that the applicant has legal representation, taking into account:
• • the subjective circumstances of the applicant;
  • the complexity of the matter; and
  • any other relevant factor.

Note: See the Availability of Funds Test for how the test applies in Commonwealth consumer protection matters.

Last published: 05/12/2022

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

To be eligible for legal aid the applicant must satisfy:

• the Means Test, and
• the Merit Test

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.

To be eligible for legal aid the applicant must satisfy:

• the Means Test, and
• the Merit Test

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:05/12/2022

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).

To be eligible for legal aid the applicant must satisfy:

• the Means Test

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.

To be eligible for legal aid the applicant must satisfy:

• the Means Test, and
• the Merit Test

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).

To be eligible for legal aid the applicant must satisfy:

• the Means Test, and
• the Merit Test

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

6.7.4 Responding to an application made under the Terrorism (High Risk Offenders) Act

Legal aid is available to applicants responding to applications made by the Attorney General under the Terrorism (High Risk Offenders) Act 2017 (NSW), including an emergency detention order.

To be eligible for legal aid the applicant must satisfy:

• the Means Test

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

6.7.5 Appeals, variation or revocation applications under the Terrorism (High Risk Offenders) Act

Legal aid is available to legal aid applicants who are appealing or applying for a variation or revocation of a supervision order or continuing detention order under the Terrorism (High Risk Offenders) Act 2017 (NSW).

To be eligible for legal aid the applicant must satisfy:

• the Means Test, and
• the Merit Test

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

6.7.6 Continuing detention orders under the Criminal Code 1995 (Cth) - High Risk Terrorist Offenders - Commonwealth

Legal aid is available to applicants who are responding to a continuing detention order under s105A of the Criminal Code 1995 (Cth).

To be eligible for legal aid the applicant must satisfy:

• the Means Test

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

6.7.7 Revocations, variations and appeals of continuing detention orders under the Criminal Code 1995 (Cth) - High Risk Terrorist Offenders - Commonwealth

Legal aid is available to applicants who are seeking a variation, revocation or appealing a continuing detention order under s105A of the Criminal Code 1995 (Cth).

To be eligible for legal aid the applicant must satisfy:

• the Means Test, and
• the Merit Test

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

6.7.8 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.

To be eligible for legal aid the applicant must satisfy:

• the Means Test,
• 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:

• Child Protection Registration Orders under s3E and s3F of the Child Protection (Offenders Registration) Act 2000; and
• Child Protection Prohibition Orders under s5 of the Child Protection (Offenders Prohibition Orders) Act 2004.

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.

6.7.9 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.

To be eligible for legal aid the applicant must satisfy:

• the Means Test
• the Merit Test, and
• Legal Aid NSW must be satisfied that the conditions of the proposed order would unreasonably restrict the applicant's personal freedom.

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

• Child Protection Registration Orders under s3E and s3F of the Child Protection (Offenders Registration) Act 2000, and
• Child Protection Prohibition Orders under s5 of the Child Protection (Offenders Prohibition Orders) Act 2004.

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.

6.7.10 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.

To be eligible for legal aid the applicant must satisfy:

• the Means Test
• 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.

6.7.11 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.

To be eligible for legal aid the applicant must satisfy:

• the Means Test
• the Merit Test, and
• Legal Aid NSW must be satisfied that the conditions of the proposed order would unreasonably restrict the applicant's personal freedom

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

6.7.12 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.

To be eligible for legal aid the applicant must satisfy:

• the Means 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.

6.7.13 Persons whose interests may be affected by the making, variation or revocation of an order under the Crimes (Serious Crime Prevention Orders) 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.

To be eligible for legal aid the applicant must satisfy:

• the Means Test, and
• the Merit Test

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

6.7.14 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.

To be eligible for legal aid the applicant must satisfy:

• the Means Test
• the Merit 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.

6.7.15 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.

To be eligible for legal aid the applicant must satisfy:

• the Means Test
• the Merit 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: 05/12/2022

6.8.1 When legal aid is available for discrimination matters

Legal aid is available for discrimination matters as set out in sections 6.8.2 and 6.8.3 below and may include matters relating to:

• sexual discrimination
• race discrimination
• gender discrimination
• age discrimination
• discrimination on the basis of disability
• sexual harassment
• discrimination on the basis of health
• discrimination on the basis of marital status.

See Civil Law Guideline 3.2 on requirement to attend ADR.

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

6.8.2 Proceedings before the Administrative and Equal Opportunity Division of NCAT

Legal aid is available for matters which are before the Equal Opportunity subdivision of NCAT.

To be eligible for legal aid the applicant must satisfy:

• the Means Test, and
• the Merit Test

6.8.3 Appeals from the Administrative and Equal Opportunity Division of NCAT

Legal aid is available for an appeal from the Equal Opportunity subdivision of NCAT.

To be eligible for legal aid the applicant must satisfy:

• the Means Test, and
• the Merit Test

Note: Legal aid is not available under this policy for matters which are about intra-association disputes, for example, between members of unions or clubs; or for defamation proceedings.

6.8.4 Commonwealth discrimination matters

Legal Aid is available for Commonwealth discrimination matters.

To be eligible for legal aid the applicant must satisfy:

• the Means Test
• the Merit Test, and
• Legal Aid NSW must be satisfied there is a real prospect of a substantial benefit to be gained by the applicant in either:
  • dealing with the dispute through conciliation or mediation at Fair Work Australia
  • initiating proceedings in the Federal Court, the Federal Circuit Court or the High Court, or
  • appealing to the Federal Court or the High Court.

Note: This policy includes employment discrimination matters.

Unless there are exceptional circumstances, if the action is likely to result in the applicant receiving an award of damages or property, Legal Aid NSW must be satisfied from the material provided, that either:

• the action could not reasonably be expected to be conducted under a conditional costs agreement or similar arrangement with a private legal practitioner, or
• the applicant cannot obtain appropriate legal assistance from another source.

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

Legal aid is available for the following matters under the NSW Trustee and Guardian Act 2009 (NSW) (the Act).

• Application for an Order by the Supreme Court for management of affairs (s64), and
• Declaration and Order by the Supreme Court where a person is missing (s54).

To be eligible for legal aid the applicant must satisfy:

• the Means Test, and
• the Merit Test

See Civil Law Guideline 3.2 on requirement to attend ADR.

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

Note: This policy applies to protected estate orders under the Protected Estates Act 1983 (NSW) (repealed).

Most financial management orders and managed estates matters are dealt with under the policies which deal with Mental Health and Guardianship matters.

Date last published: 05/12/2022

Legal aid is available for applicants who are the subject of Public Health Orders made under Part 4 Division 4 of the Public Health Act 2010 (NSW) for:

• defending an application to NCAT to confirm a Public Health Order made in relation to a category 5 medical condition
• applications to NCAT for review of a Public Health Order made in relation to a category 4 medical condition.

To be eligible for legal aid the applicant must satisfy:

• the Means Test, and
• the Merit Test.

See Civil Law Guideline 3.2 on requirement to attend ADR.

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

Last published: 05/12/2022

6.12.1 Legal aid is available for Coronial Inquest matters

Legal aid may be available for a coronial inquest matter if:

• it is a preliminary step to civil proceedings for which legal aid is available, or
• the public interest would be advanced if the applicant was represented at the inquest, or
• it is an Aboriginal or Torres Strait Islander death in custody.

6.12.2 What is a “Coronial Inquest matter”?

A coronial inquest matter includes any one of the following:

• Representation at an inquest
  • holding an inquest
  • reviewing a decision declining to hold an inquest, or
  • reviewing a decision dispensing with an inquest.
• The making of a submission to the Coroner, the State Coroner or the Supreme Court of NSW in relation to:
• • the making of a request for the review of a decision or the making of an interlocutory application to the Coroner and/or State Coroner during the inquest, or
  • any interlocutory appeals and/or applications to the Supreme Court necessary for the proper conduct of the inquest.

6.12.3 When Coronial Inquest is a preliminary step to civil proceedings

Legal aid is available for a coronial inquest matter where representation at the inquest is a preliminary step to civil proceedings.

To be eligible for legal aid the applicant must satisfy:

• the Means Test
• the Merit Test

• the civil proceedings contemplated is one which legal aid is available for, and
• Legal Aid NSW is satisfied the applicant has reasonable prospects of being granted leave by the Coroner to be represented at the inquest.

Applying the Merit Test 

When determining the merit of an inquest matter the determining officer should take into consideration:

• the applicant's relationship to the deceased, and
• whether the deceased's family will be represented at the inquest if legal aid is not granted.

6.12.4 Coronial Inquests – public interest matters

Legal aid is available for a coronial inquest matter where the public interest would be advanced by representing the applicant. Some examples of the types of inquests that might give rise to a public interest are those involving the:

• Death of a child in a childcare centre
• Death of a person in police custody
• Death of a person in a psychiatric hospital
• Death of a person in a juvenile justice centre
• Death of a person in a community welfare centre

See Civil Law Guideline 3.14 on the meaning of public interest.

To be eligible for legal aid  the applicant must satisfy:

• the Means Test
• the Merit Test, and
• Legal Aid NSW is satisfied the applicant has reasonable prospects of being granted leave by the Coroner to be represented at the inquest.

Applying the Merit Test

When determining the merit of an inquest matter the following issues should be taken into consideration:

• the applicant's relationship to the deceased, and
• whether the deceased's family will be represented at the inquest if legal aid is not granted.

6.12.5 Coronial Inquests- death of an Aboriginal or Torres Strait Islander person in custody

Legal aid is available for a coronial inquest matter where it involves the death of an Aboriginal or Torres Strait Islander person in custody.

To be eligible for legal aid  the applicant must satisfy:

• the Merit Test, and
• Legal Aid NSW is satisfied the applicant has reasonable prospects of being granted leave by the Coroner to be represented at the inquest.

Applying the Merit Test

When determining the merit of an inquest matter the following issues should be taken into consideration:

• the applicant's relationship to the deceased, and
• whether the deceased's family will be represented at the inquest if legal aid is not granted.

For further information on coronial inquests see the coronial inquest unit website.

Date last published: 05/12/2022

6.13.1 Unfair Dismissals

Legal aid is available for unfair dismissal proceedings in the Fair Work Commission, the Industrial Relations Commission of New South Wales and on appeal.

To be eligible for legal aid  the applicant must satisfy:

• the Means Test
• the Merit Test, and
• the Social Disadvantage Test

6.13.2 Recovery of entitlements

Legal aid is available for proceedings relating to underpayment of wages and employment entitlements in the Chief Industrial Magistrates Court, the Federal Circuit Court, the Federal Court and on appeal.

To be eligible for legal aid  the applicant must satisfy:

• the Means Test
• the Merit Test
• the Social Disadvantage Test, and
• the amount in dispute is in excess of $20,000 in wages and entitlements

6.13.3 General Protections under the Fair Work Act

Legal aid is available for claims under the General Protection provisions of the Fair Work Act 2009 (Cth) in the Fair Work Commission, the Federal Circuit Court, the Federal Court and on appeal. Such claims may include:

• 'adverse action'  where the worker  exercises  a 'workplace right', such as making  a complaint to their employer in relation to their employment
• dismissal because of absence due to illness or injury, such as the taking of sick leave
• engaging a worker as a contractor where the worker is really an employee.

To be eligible for legal aid  the applicant must satisfy:

• the Means Test
• the Merit Test, and
• the Social Disadvantage Test

Note: Applications for legal aid for employment discrimination claims are considered under Discrimination Policy at 6.8.4.

6.13.4 Review of unfair contracts

Legal aid is available for proceedings related to the review of unfair contracts in the Local Court, Chief Industrial Magistrates Court, Federal Circuit Court or the Federal Court and on appeal.

To be eligible for legal aid  the applicant must satisfy:

• the Means Test
• the Merit Test, and
• the Social Disadvantage Test

6.13.5 Public Interest matters

Legal aid is available for employment matters where Legal Aid NSW is satisfied the employment matter raises a significant issue of public interest.

To be eligible for legal aid  the applicant must satisfy:

• the Means Test
• the Merit Test
• the Social Disadvantage Test, and

• the matter raises serious and systemic issues around the employment practices of the employer or employers which impacts on a great number of workers employed by that employer or employers.

See Civil Law Guideline 3.3: Employment Law matters

Date last published: 05/12/2022

Legal aid is available for public interest human rights matters where:

• the matter is of significant wider public interest, and
• raises significant human rights issues.

To be eligible for legal aid the applicant must satisfy:

• the Means Test, and
• the Merit Test

See Civil Law Guideline 3.2 on requirement to attend ADR.

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

Note: In these matters legal aid is administered as a lump sum grant under s30 of the Legal Aid Commission Act 1979 (NSW). See guideline on lump sum grants in public interest human rights matters at Civil Law Guideline 3.5.

Human Rights Committee: The Legal Aid NSW Human Rights Committee comprises expert human rights lawyers and scholars. The Committee assists Legal Aid NSW in taking a leading role in the protection and promotion of human rights and contributes to the development of human rights jurisprudence. The Committee has a limited annual budget from which to fund matters, and in managing this limited budget, the Committee makes recommendations to Legal Aid NSW about the types of public interest human rights matters that should be tabled before the Committee for its consideration.

When an application is tabled before the Committee, the Committee makes an assessment of that application based on the facts and circumstances of the individual case, and makes a recommendation to the Director, Civil Law Program and the Director Grants about whether a grant of legal aid should be made. The Committee also makes recommendations about how much funding will be allocated to a matter where legal aid is granted.

Date last published: 05/12/2022

6.15.1 Types of mental health matters

Legal aid is available for the following matters under the Mental Health Act 2007 (NSW)

Note: Under 154(4) of the Mental Health Act 2007, a person who is under the age of 16 years who has a matter before the Tribunal must be represented by an Australian legal practitioner or, with the approval of the Tribunal, by another person of his or her choice, unless the Tribunal decides that it is in the best interests of the person to proceed without the person being so represented.

6.15.2 Mental Health Inquiry before the Mental Health Review Tribunal

Legal aid is available to an assessable person appearing in a mental health inquiry or in an electroconvulsive therapy administration inquiry under the Mental Health Act 2007 (NSW).

6.15.3 Involuntary patients before the Mental Health Review Tribunal

Legal aid is available to an involuntary patient who is appearing before the Mental Health Review Tribunal for:

• a review under s37(1)(a) of the Mental Health Act 2007 of their involuntary patient status at the end of the initial period of detention following a mental health inquiry, or
• a review of their involuntary patient status under s37(1)(b) of the Mental Health Act 2007,
• a review of their involuntary patient status under s37(1)(c) of the Mental Health Act 2007,
• an electroconvulsive therapy administration inquiry under s.94 of the Mental Health Act 2007, or
• an application by an Authorised Medical Officer for a Community Treatment Order, or
• a review under s63 (1) of the Mental Health Act 2007, following a breach of Community Treatment Order, or
• the making of an order under s46 of the NSW Trustee and Guardian Act 2009 (NSW)

6.15.4 Applications for renewal of a Community Treatment Order

Legal aid is available for representation before the Mental Health Review Tribunal to a person who is the subject of a renewal of a Community Treatment Order (CTO) being made by a Director of a health care agency under s51(4) of the Mental Health Act 2007 (NSW).

To be eligible for legal aid the applicant must satisfy:

• the Merit Test

6.15.5 Community Treatment Order application made from the community

Legal aid is available for representation before the Mental Health Review Tribunal to a person who is neither a patient nor subject to a Community Treatment Order (CTO) and who is the subject of a CTO application under s51(3) of the Mental Health Act 2007 (NSW).

6.15.6 Appeals to the Mental Health Review Tribunal – assessable person

Legal aid is available to an assessable person to appeal to the Mental Health Review Tribunal:

• against the decision of an Authorised Medical Officer not to discharge them from a mental health facility.

6.15.7 Appeals to the Mental Health Review Tribunal – involuntary patients

Legal aid is available to an involuntary patient to appeal to the Mental Health Review Tribunal:

• against the decision of an Authorised Medical Officer not to discharge them from a mental health facility.

To be eligible for legal aid the applicant must satisfy:

• the Merit Test

6.15.8 Appeals against Community Treatment Orders

Legal aid is available to an assessable person or involuntary patient to appeal to the Mental Health Review Tribunal:

• Against a community treatment order.

To be eligible for legal aid the applicant must satisfy:

• the Merit Test

6.15.9 Appeals to the Supreme Court

Legal aid is available to an assessable person, an involuntary patient, a correctional or a forensic patient for an appeal to the Supreme Court against:

• a decision concerning continued detention in hospital, or
• a decision of the Mental Health Review Tribunal.

To be eligible for legal aid the applicant must satisfy:

• the Merit Test

6.15.10 Application to revoke an order under NSW Trustee and Guardian Act 2009

Legal aid is available to revoke an order under the NSW Trustee and Guardian Act 2009 (NSW) following the applicant's discharge from hospital. The application is made to the Mental Health Review Tribunal.

To be eligible for legal aid the applicant must satisfy:

• the Merit Test

6.15.11 Appeals against orders under the NSW Trustee and Guardian Act

Legal aid is available to an involuntary patient or a person who is the subject of an order under the NSW Trustee and Guardian Act 2009, for an appeal to the Administrative and Equal Opportunity Division of NCAT or the Supreme Court:

• against an order made by the Mental Health Review Tribunal or a magistrate under the NSW Trustee and Guardian Act (NSW), or
• for an application under s86 of the NSW Trustee and Guardian Act 2009 seeking a declaration and order from the Supreme Court.

To be eligible for legal aid the applicant must satisfy:

• the Merit Test

6.15.12 Review of a decision of the NSW Trustee

Legal aid is available to a person who is the subject of an order under the NSW Trustee and Guardian Act 2009 for an appeal to the Administrative and Equal Opportunity Division of NCAT for:

• a review of a decision of the NSW Trustee

To be eligible for legal aid the applicant must satisfy:

• the Merit Test

6.15.13 Review of a decision of the Public Guardian

Legal aid is available to the person to whom the decision relates for an application to the Administrative and Equal Opportunity Division of NCAT for a review of a decision of the Public Guardian.

6.15.14 Appeal by a designated carer or principal care provider against a continuing detention order

Legal aid is available to a designated carer or principal care provider to appear at the Mental Health Review Tribunal in relation to an appeal against a continuing detention order.

To be eligible for legal aid the applicant must satisfy:

• the Means Test, and
• the Merit Test

6.15.15 Appeal by a designated carer or principal care provider against an order under the NSW Trustee and Guardian Act

Legal aid is available to a designated carer or principal care provider to appeal to the Administrative and Equal Opportunity Divison of NCAT or Supreme Court against:

• an order made by the Mental Health Review Tribunal or an order by a magistrate under the NSW Trustee and Guardian Act 2009.

To be eligible for legal aid the applicant must satisfy:

• the Means Test, and
• the Merit Test

6.15.16 Review of a decision of the NSW Trustee or Public Guardian by primary carer

Legal aid is available to an affected person for an appeal to the Administrative and Equal Opportunity Division of NCAT for a review of:

• a decision of the NSW Trustee; or
• a decision of the Public Guardian.

To be eligible for legal aid the applicant must satisfy:

• the Means Test, and
• the Merit Test

6.15.17 Forensic patients before Mental Health Review Tribunal

Legal aid is available to forensic patients and correctional patients who are appearing before the Mental Health Review Tribunal under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 and the Mental Health Act 2007 (NSW).

6.15.18 Matters under the Mental Health (Forensic Provisions) Act

Legal aid is available to applicants who have been charged with a criminal offence and are being dealt with under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020.

6.15.19 Applications to the Supreme Court to extend a person's status as a forensic patient

Legal aid is available to a person who is the subject of an application to extend or vary their status as a forensic patient under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020.

6.15.20 Appeals to the Court of Appeal against a decision to extend a person's status as a forensic patient

Legal aid is available to a person who is appealing against an Order by the Supreme Court to extend or vary that person's status as a forensic patient.

To be eligible for legal aid the applicant must satisfy:

• the Merit Test

Date last published: 05/12/2022

6.15A.1   Proceedings before a Magistrate

Legal aid is available to dependent persons for proceedings under the Drug and Alcohol Treatment Act 2007 (NSW) (the Act) for:

• reviews of the issuing of dependency certificates under section 34 of the Act, and
• applications to extend dependency certificates under section 36 of the Act.

6.15A.2 Appeals to the NSW Civil and Administrative Tribunal (NCAT)

Legal aid is available to dependent persons for appeals to the Administrative and Equal Opportunity Division of NCAT under section 45 of the Drug and Alcohol Treatment Act 2007 (NSW).

To be eligible for legal aid the applicant must satisfy:

• the Means Test, and
• the Merit Test

Date last published: 05/12/2022

6.16.1 Types of guardianship matters

Legal aid is available for matters under the Guardianship Act 1987 (NSW).

6.16.2 Matters before the Guardianship Division of  NCAT

Legal aid is available to an applicant who is the subject of the proceedings under the Guardianship Act 1987 (NSW), unless leave has not been granted to be represented at the Tribunal.

To be eligible for legal aid the applicant must satisfy:

• the Tribunal has granted leave for the person to be represented.

Legal aid is also available to make a leave application.

6.16.3 Matters before the Guardianship Division of NCAT– Separate Representation

Legal aid is available to a person who is the subject of proceedings under Guardianship Act 1987 (NSW)  where the Tribunal has made an order that they be separately represented.

To be eligible for legal aid the applicant must satisfy:

• the Tribunal has made an order that the person be separately represented, and
• Legal Aid NSW is satisfied that it is reasonable to provide a grant of aid for the person to be separately represented.

Legal Aid NSW will not be satisfied that it is reasonable to provide a grant of aid for the person to be separately represented where there is a high degree of conflict between the parties, and this is the principal reason for the application to the Tribunal.

6.16.4 Guardianship Division of NCAT - special treatment

Legal aid is available for Guardianship Division of NCAT proceedings which relate to seeking consent to carry out Special Treatment on an adult or a child.

Note: 'Special Treatment' is defined under Part 5 of the Guardianship Act 1987 (NSW).

Where the legal aid applicant is the person who is the subject of the application for Special Treatment

Legal aid is available to a child or adult who is the subject of proceedings relating to an application for Special Treatment.

There is no means or merit test applied.

Where the legal aid applicant is a carer

Legal aid is available to an applicant who is significant to the care and well-being of the child or adult who is the subject of proceedings relating to an application for Special Treatment.

To be eligible for legal aid the applicant must satisfy:

• the Means Test
• the Merit Test, and
• the Tribunal has granted leave for the person to be represented.

See family law policy for policies covering special medical procedures matters in the Family Court.

6.16.5 Other parties before the Guardianship Tribunal

Legal aid is available to an applicant for legal aid who is an affected person in proceedings before the Guardianship Tribunal.

To be eligible for legal aid the applicant must satisfy:

• the Means Test
• the Merit Test
• the Tribunal has granted leave for the person to be represented, and
• the applicant is a party to the proceedings.

6.16.6 Appeals against decision of the Guardianship Division of NCAT

Legal aid is available to a person who is under a guardianship order made under the Guardianship Act 1987 (NSW) and who is appealing to the Appeals Panel of NCAT or the Supreme Court against:

• a decision of the Guardianship Division of NCAT.

To be eligible for legal aid the applicant must satisfy:

• the Merit Test

6.16.7 Revocation of financial management orders or guardianship orders

Legal aid is available to an applicant who is seeking revocation of an existing financial management order or guardianship order.

To be eligible for legal aid the applicant must satisfy:

• the Merit Test

6.16.8 Appeal against a decision of the Public Guardian

Legal aid is available to the person to whom the decision relates or to affected persons for an application to the Administrative and Equal Opportunity Division of NCAT:

• a review of a decision of the Public Guardian.

To be eligible for legal aid the applicant must satisfy:

• the Means Test
• the Merit Test

Note: Where the applicant for legal aid is the person to whom the decision relates the Means Test does not apply.

6.16.9 Review of a decision of the NSW Trustee

Legal aid is available to a person who is the subject of an order under NSW Trustee and Guardian Act 2009 or affected persons for an appeal to the Administrative Decisions and Equal Opportunity Division of NCAT for:

• a review of a decision of the NSW Trustee.

To be eligible for legal aid the applicant must satisfy:

• the Means Test
• the Merit Test

Note: Where the applicant for legal aid is the subject of an order the Means Test does not apply.

6.16.10 Other appeals to NCAT and the Supreme Court

Legal aid is available to applicants (except witnesses) who are affected persons for an appeal to the Appeals Panel of NCAT and the Supreme Court against:

• a decision of the Guardianship Tribunal.

To be eligible for legal aid the applicant must satisfy:

• the Means Test
• the Merit Test

Date last published: 05/12/2022

6.17.1 Representation for protected confiders

Legal aid is available to a person who is a protected confider seeking to oppose:

• the production of protected confidences, and/or
• the adduction of evidence in relation to protected confidence

in criminal law and civil law proceedings where the sexual assault communication privilege applies.

There is no means test applied in these matters.

Note: For the purposes of this policy 'protected confidences' are communications protected under Chapter 6, Part 5, Division 2 of the Criminal Procedure Act 1986 (NSW) and Chapter 3, Part 3.10, Division 1B of the Evidence Act 1995 (NSW).

Note: Proceedings within criminal trials are administered as civil law grants. The criminal law fee scale applies to these grants.

6.17.2 Representation in appeals under s5F of the Criminal Appeal Act 1912 (NSW)

Legal aid is available for an appeal in relation to these matters under s5F of the Criminal Appeal Act 1912 (NSW).

To be eligible for legal aid the applicant must satisfy:

• the Merit Test

• Legal Aid NSW is satisfied it is an appropriate expenditure of limited public legal aid funds, and
• that there is a significant issue of public interest.

Note: Legal aid may also be available to protected confiders for appeals to the Court of Criminal Appeal and the High Court: See Criminal Law Policy at 4.13.

Note: See Criminal Law Guideline 1.14.2 for guidance on considering whether the applicant satisfies Merit Test A for responding to an appeal to the Court of Criminal Appeal.

Note: Although these are proceedings within a criminal trial they are administered as civil law grants. The criminal law fee scale applies to these grants.

Date last published: 05/12/2022

6.18.1 When legal aid is available in migration matters

Legal aid is available for limited types of migration matters. It is available for limited types of migration matters as set out in sections 6.18.2 to 6.18.5 below.

6.18.2 Representation in a migration matter

Legal aid is available for representation in migration matters, including refugee matters, in the Federal Court, the Federal Circuit Court or the High Court.

Legal aid is only available in the following circumstances:

• where there is an arguable error of law, or
• where the proceedings seek to challenge the lawfulness of detention, not including a challenge to a decision about a visa or a deportation order.

To be eligible for legal aid the applicant must satisfy:

• the Means Test
• the Merit Test

See Civil Law Guideline 3.2 on requirements to attend ADR.

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

6.18.3 Visa cancellation matters – representation in the Administrative Appeals Tribunal, the Federal Circuit Court and the Federal Court of Australia

Legal aid is available for representation in the Administrative Appeals Tribunal, the Federal Circuit Court and the Federal Court of Australia to applicants who are challenging a cancellation of a visa under s501 of the Migration Act 1958 (Cth).

To be eligible for legal aid the applicant must satisfy:

• the Means Test
• the Merit Test, and
• Legal Aid NSW is satisfied the matter raises a significant human rights issue. See Civil Law Guideline 3.4.

6.18.4 Appeals from the AAT, Federal Circuit Court and Federal Court

Legal aid is available for appeals from the Administrative Appeals Tribunal, the Federal Circuit Court and the Federal Court in relation to the cancellation of a permanent visa under s501 of the Migration Act 1958 (Cth).

To be eligible for legal aid the applicant must satisfy:

• the Means Test
• the Merit Test
• Legal Aid NSW is satisfied the matter raises a significant human rights issue, and
• Legal Aid NSW is satisfied there may be a strong prospect of a substantial benefit to be gained by the applicant in appealing from a decision of the AAT or the Federal Court.

6.18.5 Visa applications and representation in the AAT (Migration and Refugee Division)

Legal aid is available for representation by in-house legal practitioners at Legal Aid NSW for the following visa applications:

• Partner Visas where the applicant is eligible for an exemption under the family violence, child of the relationship or death of a sponsor exemption provisions; and
• XA-866 onshore Protection Visas

To be eligible for legal aid the applicant must satisfy:

• the Means Test
• the Merit Test

Where a grant of legal aid was made to the legally assisted person at the primary stage, legal aid is available for representation in appeal proceedings in the Administrative Appeals Tribunal (Migration and Refugee Division).

To be eligible for legal aid the applicant must satisfy:

• the Means Test
• the Merit Test

Date last published: 05/12/2022

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.

To be eligible for legal aid the applicant must satisfy:

• the Means Test
• the Merit Test, and

• 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.

To be eligible for legal aid the applicant must satisfy:

• the Means Test
• the Merit Test, and
• 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: 05/12/2022

6.20A.1 Representation in the Administrative Appeals Tribunal

Legal aid is available for representation in the Administrative Appeal Tribunal (AAT) for review of a reviewable decision under the National Disability Insurance Scheme Act 2013.

To be eligible for legal aid the applicant must satisfy:

• the matter meets Guideline 3.18, and
• the applicant has lodged an appeal application with the AAT.

See Guideline 3.18.

6.20A.2 Appeals from the Administrative Appeals Tribunal

Legal aid is available for an appeal from the Administrative Appeals Tribunal (AAT) in relation to a reviewable decision under the National Disability Insurance Scheme Act 2013.

To be eligible for legal aid the applicant must satisfy:

• the Means Test
• the Merit Test, and
• Legal aid must be satisfied that in appealing from the decision of the AAT:
  • there is a strong prospect of substantial benefit being gained by the applicant, and
  • the public interest would be significantly advanced if the applicant was represented.

See Civil Law Guideline 3.2 on requirements to attend ADR.

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

Date last published: 05/12/2022

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

To be eligible for legal aid the applicant must satisfy:

• the Means Test, and
• the Merit Test

Applying Means Test 

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: 05/12/2022

Legal aid is available for certain types of proceedings under the Extradition Act 1988 (Cth) (The Act) including:

• extradition matters under s19 of the Act and
• a review under s21 of the Act in relation to a s19 order.

To be eligible for legal aid the applicant must satisfy:

• the Means Test, and
• the Merit Test

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.

The Chief Executive Officer has not delegated the authority to grant legal aid in Extradition proceedings. See Delegation Instrument.

Date last published: 05/12/2022

6.24.1 When legal aid is available for war Veterans' matters

Legal aid is available to war veterans or their dependants in the following types of matters:

• appeals from decisions of the Veterans' Review Board about war-caused disability pension entitlement or assessment claims under Part II of the Veterans' Entitlements Act 1988
• appeals from decisions of the Veterans' Review Board about claims under the Military Rehabilitation and Compensation Act 2004 (Cth) that relate to warlike or non-warlike service in relation to:
• • acceptance of liability (Chapter 2)
  • rehabilitation programs (Chapter 3, Part 2)
  • permanent impairment (Chapter 4, Part 2)
  • incapacity payments for former members (Chapter 4, Part 4)
  • special rate disability pension (Chapter 4, Part 6), and/or
  • compensation for dependants (Chapter 5).

Note: An application for legal aid by veterans for matters other than under Part II of the Veterans' Entitlements Act 1988 (Cth) or under the Military Rehabilitation and Compensation Act 2004 (Cth) may be dealt with under the general civil law policies.

See Civil Law Guideline 3.13 for details about how grants of aid are funded in Veterans' matters.

6.24.2 Representation in the Administrative Appeals Tribunal

Legal aid is available for war veterans' matter in the Administrative Appeals Tribunal.

To be eligible for legal aid the applicant must satisfy:

• the Merit Test

6.24.3 Appeals from the AAT in Veterans' matters

Legal aid is available for appeals from the Administrative Appeals Tribunal for Veterans' matters.

To be eligible for legal aid the applicant must satisfy:

• the Means Test
• the Merit Test, and
• Legal Aid NSW must be satisfied there may be a strong prospect of a substantial benefit to be gained by the applicant in appealing from a decision of the AAT.

Date last published: 05/12/2022

Legal aid is not available for the following types of civil law matters:

• matters about damage to any property by a motor vehicle
• proceedings under the Confiscation of Proceeds of Crime Act 1989 (NSW) and other legislation relating to tainted monies/property
• to a defendant who is objecting to or defending an Order for restitution under the Victims Rights and Support Act 2013.
• matters involving medical negligence or public liability
• matters involving personal injury, unless aid is available under some other policy for a matter in which personal injury is alleged as harm or damages
• matters under the Succession Act 2006 (family provision claims and Wills and Estates) (Note: where there is a likelihood that an applicant will lose their home as a result of these proceedings see civil law policy 6.4.1)
• matters which result from commercial and investment transactions conducted by the applicant for legal aid (Note: where the applicant is a parent who has acted as a guarantor for a child’s business loan, this will not be considered a matter that has resulted from a commercial and business transaction conducted by the applicant. See civil law policy 6.4.1)
• building disputes
• civil assault matters (not including assault by a person in a special position of authority: see civil law policy 6.6.1)
• matters in the Local Court where the amount in issue is less than $3000 or less
• defamation matters
• matters involving disputes between family members and former family members over property or money (Note: where there is a likelihood that an applicant will lose their home see civil law policy 6.4.2)
• matters involving intra association disputes for example, between members of clubs or unions (associations)
• neighbourhood disputes, and
• public interest environment matters

Date last published: 01 May 2023