A to Z guide to policies
Legal Aid NSW provides grants of legal aid for representation in criminal, family and civil law matters to those people who meet its eligibility tests. Representation is either by lawyers employed directly by Legal Aid NSW or by private practitioners funded by Legal Aid NSW
The A to Z guide to policies can be used as a tool to indicate whether a grant of legal aid is available for a particular legal problem.
The A to Z is a guide only: see Policy Online for complete details of eligibility policies and guidelines for grants of legal aid.
- Adoption
Is legal aid available?
Legal Aid is available for certain adoption proceedings.
Which tests apply ?
For a grant of legal aid to be made, the following tests must be satisfied:
- Means Test
- Merit Test
- the Availability of Funds test, and
- there are exceptional circumstances.
- Appeals
Appeals to the District Court
Legal aid is available in certain circumstances to appeal a decision of the Local Court to the District Court sitting in its criminal jurisdiction.
Appeals to the Supreme Court
Legal aid is available in certain circumstances for appeals from decisions of magistrates in the Local Court to the Supreme Court.
For more information see the following Legal Aid NSW publication:
- Apprehended Domestic Violence Order
Is legal aid available?
For applicants:
Legal aid may be available to make an application for an ADVO if you are a victim of domestic violence and the Police have not made an application on your behalf.
Which tests apply?
- the Means Test,
- the Availability of Funds test
For defendants:
Legal aid may be available to defend an ADVO made against if you are a victim of domestic violence or there are exceptional circumstances.
Which tests apply?
- the Means Test
- the Availability of Funds test
For more information see the following Legal Aid NSW publication:
- Apprehended Personal Violence Order
Is legal aid available?
For applicants:
Legal aid is not available to apply for an Apprehended Personal Violence Order (APVO), unless the applicant is a child.
For defendants:
Legal aid is only available in exceptional circumstances to defend an APVO.
Which tests apply?
- the Means Test
- the Availability of Funds test
- Assault
Is legal aid available?
Legal aid may be available to defend an assault charge in the Local Court.
Which tests apply?
- Means Test,
- Availability of Funds Test, and
either
- the offence carries a term of imprisonment as an available penalty, or
- there are exceptional circumstances.
- Bail application
Local Court
Legal aid is available to any person in custody to make their first bail application in the Local Court. Only the Availability of Funds Test is applied for the first bail application for a person in custody.
For subsequent bail applications, the following eligibility requirements apply:
- the Means Test, and
- the Availability of Funds Test.
Supreme Court
Legal aid is available for bail applications in the Supreme Court.
Which tests apply?
For legal aid to be granted in these types of matters, the applicant must satisfy the following tests;
- Means Test
- Merit Test
- Availability of Funds Test
For more information see the following Legal Aid NSW publications:
- Bankruptcy
Is legal aid available?
No. Legal Aid is not available for bankruptcy cases.
You may be able to get help from the Law Society of NSW's Pro Bono Scheme. Contact them on 02 9926 0364.
Alternatively, you can get advice from a private lawyer by calling the Law Society of NSW Solicitor Referral Service on 1800 422 713.
- Car accidents and personal injury
Is legal aid available?
Legal aid is not available for damage to any property by a motor vehicle.
Legal aid is not available to applicants for personal injury matters.
Many private solicitors represent people injured in car accidents on a no win/no fee basis. The Law Society of NSW Solicitor Referral Service can refer you to a private solicitor in your area. Tel: 9926 0300 or 1300 888 529 (outside Sydney).For more information see the following Legal Aid NSW publication: - Care & Protection (Child welfare)
Is legal aid available?
For children
Legal aid is available to children for most types of care and protection matters in the NSW Children’s Court, and appeals in the District Court, Supreme Court and High Court.
Which tests apply?
No tests are applied to children for care and protection matters in the Children's Court. For appeals, the Merit Test will apply.
For adults
Legal aid may be available to adults with parental responsibility, or otherwise significant to the child, for most types of care and protection matters in the NSW Children’s Court.
Legal aid may be available to adults with parental responsibility for appeals in the District Court, Supreme Court and High Court.
Which tests apply?
The tests that apply depend on the type of matter it is and your relationship to the child. Some or all of the following tests may apply:
- you have parental responsibility for the child or have had parental responsibility removed
- you have a genuine concern for the safety, welfare and well-being of the child
- there is a benefit to the child from you receiving legal aid
- Means Test
- Merit Test
- The Availability of Funds Test.
- Child abduction
Is legal aid available?
Legal aid is available for court orders to locate and recover children who have been abducted as part of a family dispute. If there is a risk children will be taken out of the country you can get urgent legal advice from Legal Aid NSW and within 24 hours, get a court order to have the child/ren placed on the Airport Watchlist so they will not be able to leave the country.
Which tests apply ?
For legal aid to be granted the applicant must satisfy the following tests;
- Means Test
- Merit Test
- Availability of Funds Test.
- Child support and child maintenance
Child Support
Legal aid may be available for child support matters in certain circumstances, such as if you have to go to court for your matter or appeal a decision at the Administrative Appeals Tribunal.
Which tests apply?
The tests that apply depend on the type of matter you have. Some or all of the following tests may apply:
- Means Test
- Merit Test
- the Availability of Funds Test
- the applicant for legal aid is unable to adequately represent themselves before the Court or Tribunal..
See Legal Aid NSW Child Support Service for information about the services available.
Child Maintenance
Legal aid may be available for certain child maintenance matters if you have to go to Court to make the application.
Which tests apply?
- Means Test
- Merit Test
- the Availability of Funds Test
Child Support Parentage Matters
Legal aid may be available for certain parentage matters. This includes applying to the court to either
- ask for a declaration of parentage (s106A) because they are a parent of the child, or
- oppose a declaration of parentage (s107) because they are not a parent of the child.
Which tests apply?
The tests that apply depend on the type of matter you have. The include, but are not limited to:
- Means Test
- Merit Test
- the Availability of Funds Test
See Legal Aid NSW Child Support Service for information about the services available.
- Children's criminal matters
Is legal aid available?
Yes. Legal aid is available to children for criminal matters.
Which tests apply ?
This depends on the type of matter and Court. For children with criminal matters in the Children's Court, and trial or sentence matters in the District and Supreme Courts, the only test that applies is:
- Availability of Funds Test.
If the criminal matter is an appeal to another Court, the following tests apply:
- Merit Test, and
- Availability of Funds Test.
For children with criminal matters in the Local Court:
- Means Test, and
- Availability of Funds Test.
For more information see the following Legal Aid NSW publication:
- Circle Court
Is legal aid available?
Legal aid may be available to a person who is participating in a restorative justice program where the Court makes an order in relation to Circle Sentencing.
Which tests apply ?
For legal aid to be granted, the applicant must satisfy the following tests;
- Means Test
- Availability of Funds Test, and
- Legal Aid is satisfied that it is appropriate in the particular circumstances of the matter that the applicant has legal representation.
- Civil Liberties
Is legal aid available?
Legal aid may be available if you have had your civil liberties breached by a person in a position of authority such as a police officer, prison officer, immigration detention officer, a teacher, a youth worker or other carer.
A breach of civil liberties might include an unlawful search, arrest or detainment, threats, or being touched or physically handled.
Which tests apply ?
For legal aid to be granted the applicant must satisfy the following tests;
- Means Test
- Merit Test, and
- Availability of Funds Test.
- Committals (Local Court)
Is legal aid available?
Yes. Legal aid is available for committal proceedings including case conferencing, applications for witnesses and committal hearings.
Which tests apply ?
For legal aid to be granted, the applicant must meet the following tests;
- Means Test
- Availability of Funds Test.
- Compulsory schooling orders
Is legal aid available?
Legal aid is available for parents and children for compulsory schooling order matters in the Children's Court.
Legal aid is also available for any prosecutions in the Local Court under the Education Act.
Which tests apply?
Children applicants need only satisfy the Availability of Funds Test and parents need to also satisfy the Means Test.
- Centrelink, pensions and other Government benefits
Is legal aid available?
Only in certain circumstances. Legal aid may be available to dispute a decision about your pension, social security benefit or other social security allowance at the Administrative Appeals Tribunal.
Which tests apply ?
- Means Test
- Merit Test
- Availability of Funds Test, and
- the case is particularly complicated or other special reason.
- Consumer protection (unfair loans and insurance contracts)
Is legal aid available?
Legal aid may be available to consumers for matters including unfair insurance contracts, unfair mortgage agreements and other consumer credit and debt matters.
Which tests apply?
- Means Test
- Merit Test
- Availability of Funds Test, and
- there is a Public Interest in Legal Aid NSW assisting with this matter.
Other resources:
- Coronial Inquests
Is legal aid available?
Legal aid may be available for matters relating to a coronial inquest in limited circumstances. Please contact the Coronial Inquest Unit on 1300 888 529 for more information.
- Debt
Is legal aid available?
Legal aid is not usually available for debt issues, except for:
- some Consumer Protection matters, and
- where a home-owner will lose their home as a result of legal proceedings
See also Consumer Protection
Do you have a fine? Finefixer
Legal aid is usually not available to defend fines in courts or tribunals. If you have a fine, please visit the FineFixer website at https://nsw.finefixer.org.au/. The FineFixer tool has useful information about how to deal with your fines problem.
For more information see the following Legal Aid NSW publications:
- Discrimination
Is legal aid available?
Legal aid may be available for discrimination proceedings if you have experienced discrimination in the education system, in the workplace, during the provision of goods and services or accommodation.
See also: Employment
Which tests apply?
- Means Test
- Merit Test
- Availability of Funds Test
There may be other requirements for legal aid depending on the type of legal problem and Court or Tribunal.
- Divorce
Is legal aid available?
Legal aid is available for a court application relating to the divorce or nullity of marriage in limited circumstances.
Which tests apply ?
- Means Test
- Merit Test
- Availability of Funds Test
See also:
- DNA testing
Is legal aid available?
DNA parentage testing
Legal aid is available for DNA testing and legal representation where there is a dispute about parentage and legal aid has been granted for parenting or child support proceedings.
See Child support/Child maintenance.
DNA samples for criminal matters
The police may take a DNA sample from a person convicted of a serious indictable offence. Legal Aid NSW Prisoners Legal Service can provide advice on this procedure.
The police may also take a DNA sample from a suspect. Legal aid is available in certain circumstances where a Court Attendance Notice is being contested in the Local Court.
If the person is under 18 years, the police need a court order before taking the sample. The Legal Aid NSW Youth Hotline 1800 10 18 10 can provide advice.
- Driving and traffic offences
Is legal aid available?
No, legal aid is generally not available for driving and traffic offences. Please visit Guided Pathway for traffic offences: this tool has useful information about traffic matters, including what to do if you get a penalty notice, licence suspension or court attendance notice.
Other resources:
- Employment
Is legal aid available?
Legal aid may be available to an employee in employment law matters including unfair dismissals, recovery of entitlements, review of unfair contracts and general protections. Legal aid will only be available where the employee faces hardship, including financial and personal disadvantage.
Which tests apply ?
- Means Test
- Merit Test
- Availability of Funds Test
- At Social Disadvantage Test
- Fines
Is legal aid available?
No. Legal aid is not available to defend fines in courts or tribunals.
If you have a fine, please visit the FineFixer website at https://nsw.finefixer.org.au/. The FineFixer tool has useful information about how to deal with your fines problem.
Other resources:
- Guardianship
Is legal aid available?
Legal aid is available to a person who is subject to a guardianship or financial management order to revoke, review or appeal decisions.
In certain circumstances legal aid may be available to other people in these matters, such as a carer or relative.
Which tests apply?
This depends on the type of legal matter and who the person applying for legal aid is. No tests apply to the person who is the subject of the proceedings.
- Housing and tenancy
Is legal aid available?
Legal aid is not available to a landlord for disputes with a tenant, or a home-owner for building disputes. Please visit the NSW Fair Trading website https://www.fairtrading.nsw.gov.au/ or contact them on 13 32 20.
Legal aid may be available to a tenant in matters including evictions and disputes between tenant and landlord.
Legal aid may be available to a home-owner where there is a likelihood that the home-owner will lose their home as a result of legal proceedings.
Which tests apply?
The tests that apply depend on the type of matter you have. They will include:
- Means Test
- Merit Test
- The Availability of Funds Test.
- Immigration
Is legal aid available?
Legal aid is available for representation in limited types of migration matters, including
- to challenge the lawfulness of your immigration detention
- to appeal a decision to cancel your permanent visa if it cancelled on character grounds and there are human rights issues involved
- to apply for a partner visa for applicants eligible for an exemption under the family violence, child of the relationship or death of a sponsor provisions, or XA-866 onshore protection visas
- Medical negligence
Is legal aid available?
Legal aid is not available to sue a medical professional for negligence. You can get advice from a private lawyer by calling the Law Society of NSW Solicitor Referral Service on 1800 422 713.
- Mental health
Legal aid is available to people who have been involuntarily admitted to hospital and brought before the Mental Health Review Tribunal. Legal aid may also be available for other matters including Community Treatment Orders, review of decisions made by the NSW Trustee or Public Guardian and appeals to the Supreme Court. Please contact the Mental Health Advocacy Service on 02 9745 4277 for more information.
- Neighbourhood disputes
Is legal aid available?
Legal aid is generally not available for disputes between neighbours about dividing fences, trees and animals. You can get advice from a private lawyer by calling the Law Society of NSW Solicitor Referral Service on 1800 422 713 or a Community Legal Centre on 1300 888 529.
- Prisoners
The Prisoners Legal Service (PLS) provides a range of services to prisoners in NSW. The service visits NSW gaols and provides free and confidential legal advice and minor assistance. Prisoners can contact the PLS on the Common Auto Dial List (CADL) as a free call - press #11 or contact 02-8688 3888.
- Privacy
Is legal aid available?
Legal aid is not available for privacy issues.
There are laws protecting the privacy of information held about a person by State or Commonwealth government departments, or private organisations. If there are any concerns about how an organisation has collected, used or disclosed any private information about a person, contact the relevant State or Commonwealth agency.
- Property settlement
Is legal aid available?
Legal aid is available for mediation and representation in family law property disputes in certain circumstances. The Means Test and Merit Tests are applied. Legal Aid NSW will also consider the nature of the dispute and the pool of assets.
- Sexual Assault Communications Privilege
The Sexual Assault Communications Privilege Service (SACPS) is a victims' legal service that helps protect the privacy of counselling notes and other confidential therapeutic records in criminal proceedings involving sexual offences. This service provides legal advice and representation to victims of sexual assault and other "protected confiders", including psychologists, psychiatrists and counsellors, who want to prevent or restrict the disclosure of sensitive sexual assault communications in court.
Contact 02 9219 5888 for more information.
- Spousal and de facto maintenance
Is legal aid available?
Legal aid is available for mediation and representation in spousal and de facto maintenance matters in certain circumstances. The Means Test and Merit Test apply.
- Veterans
Legal aid is available to war veterans or their dependants in a wide range of matters. The Legal Aid NSW Veterans' Advocacy Service (02-9219 5148 ) provides free legal advice and minor assistance to all veterans and their dependants on entitlement to disability and service pensions, gold card eligibility, war widow’s pensions, allowances and entitlements from the Department of Veterans' Affairs.
- Victim's compensation
Is legal aid available?
Legal aid is not available for respondents in Victims Compensation matters in a court or tribunal.
Legal aid is not available to make Victims Compensation applications or to defend Victims Restitution Orders in courts or tribunals. You can contact a Community Legal Centre on 1300 888 529 or www.victimsservices.justice.nsw.gov.au or 1800 633 063. You can also get advice from a private lawyer by calling the Law Society of NSW Solicitor Referral Service on 1800 422 713.
- Wills & estates
Is legal aid available?
Legal aid is not available for a dispute over a will or estate, including family provision claims.
Legal Aid is not available for assistance in making a will or applying for probate. Legal aid does not draft wills or other life documentation such as Powers of Attorney or Enduing Guardians. Legal aid is also not available in contested estates matters unless you are likely to lose your home.
You can get advice from a private lawyer by calling the Law Society of NSW Solicitor Referral Service on 1800 422 713.
- Working with Children Checks
Is legal aid available?
Legal aid may be available for NCAT proceedings to review a decision to refuse or disqualify a Working with Children Check if your employment is affected by the decision, you are an authorised carer of there are exceptional circumstances.