Legal Aid NSW Policy Online
Document Type: Policy
Chapter:8. Merit Test

8. Merit Test

The purpose of the Merit Test is to assess whether it is reasonable in all the circumstances to grant legal aid.

In deciding whether it is reasonable Legal Aid NSW will take into account amongst other issues:

Note: The Merit Test has additional criteria in certain state matters such as coronial inquest matters.

Note: See Criminal Law Guideline 1.14 for guidance on considering whether there are reasonable prospects of success for an appeal to the Court of Criminal Appeal.

Date last published: 10/01/2022