Commonwealth Civil Law Guidelines Limited grants of aid A grant of aid may be limited to an investigation of and report on the merits of the case, or mediate the dispute. Further legal aid Legal Aid may be granted to a party to an action provided it is shown that, if the party is likely to receive damages or property if successful, the action could not reasonably be expected to be conducted under a conditional costs agreement or similar arrangement with a private practitioner and no other scheme or assistance is available. Appeals Subject to the other guidelines, legal aid may be granted for appeals. Social security and other Commonwealth benefits appeals Representation at AAT Legal aid may be granted for representation at the Administrative Appeals Tribunal if the applicant may incriminate himself or herself, or · the case is complicated, or · the applicant, because of a disability or disadvantage, cannot adequately prepare or present the case without legal assistance,or · the appeal raises important or complex questions of law. Appeals to ATT Legal aid may be granted to obtain instructions and necessary reports, and prepare submissions for appeals to Administrative Appeals Tribunal if the case concerns an overpayment over $5,000, or the applicant is at significant risk of prosecution, or the applicant cannot afford to pay for medical reports, and the appeal is about the health of the applicant or of someone for whom the applicant has parental responsibility, or the applicant, because of a disability or disadvantage, cannot adequately prepare or present the case without legal assistance, or the appeal raises important or complex questions of law. Migration cases Aid for limited migration cases Legal aid may be granted for proceedings in the Federal Court or High Court dealing with a migration matter, including a refugee matter, only if (i) there are differences of judicial opinion which have not been settled by the Full Court of the Federal Court or the High Court, or (ii ) the proceedings seek to challenge the lawfulness of detention, not including a challenge to a decision about a visa or a deportation order. The above paragraph applies to a matter, even if the matter could also be characterised as falling within another Commonwealth priority or guideline. In all other cases applicants should be referred to the Immigration Advice and Application Assistance Scheme (IAAAS) for possible assistance. Equal opportunity/discrimination cases Assistance for certain matters if substantial benefit Legal aid may be granted for equal opportunity or discrimination cases if there are strong prospects of substantial benefit being gained by the applicant and also by the public or a section of the public. Other Federal and High Court proceedings Assistance for certain matters if substantial benefit Subject to the other civil law guidelines, if the Commission considers that there are strong prospects that the applicant would gain a substantial benefit, legal aid may be granted for appeals from decisions of the Administrative Appeals Tribunal original proceedings in the Federal Court, the Federal Magistrates Service and the HighCourt, and appeals in the Full Court of the Federal Court and the High Court. Lump sum grants Where appropriate legal aid will be provided on the basis of a lump sum grant to cover professional costs and/or disbursements. Alternative dispute resolution Applicants for legal aid and persons to whom legal aid has been granted may be requested or required to participate in alternative dispute resolution under s.33 of the Legal Aid Commission Act 1979 as a condition of the grant of legal aid. Representation Social security and migration matters Where possible these matters are dealt with on an inhouse basis. Matters will only be assigned to a private practitioner where a Commission salaried solicitor is unable to conduct the matter or where there are exceptional circumstances. There is no right of appeal to a Legal Aid Review Committee against a decision to provide aid on an inhouse basis or by nominating a specific private practitioner(see ss34(4A) and 56(1AA) of the Legal Aid Commission Act 1979). Other Commonwealth civil matters An application may be determined by granting legal aid on condition that - a Commission salaried solicitor - a community legal centre, or - a nominated private practitioner conduct the matter regardless of the source of the application, or by refusing the application on the basis that representation is available by a community legal centre. When determining an application the Commission must be satisfied that legal aid will be delivered in the most cost-effective manner due to the expertise of the Commission salaried solicitor the community legal centre, or the other practitioner in conducting the type of matter to which the application relates. There is no right of appeal to a Legal Aid Review Committee against a decision to provide aid on an inhouse basis or by nominating a specific private practitioner (see ss34(4A) and 56(1AA) of the Legal Aid Commission Act 1979). Further matters for which legal aid is available – Immigration Advice and Application Assistance Scheme (IAAAS) contract Legal aid is available in administrative law matters covered by the Immigration Advice and Application Assistance Scheme (IAAAS) contract between the Commonwealth of Australia and the Legal Aid Commission of NSW. These matters are: · subject to the eligibility criteria in the contract, and · dealt with on an inhouse basis.

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The information contained on this page is not legal advice. If you have a legal problem you should talk to a lawyer before making a decision about what to do. The information on this page is written for people resident in, or affected by, the laws of New South Wales, Australia only.