The Means Test What is it? The Means Test sets out principles and indicators for income-testing and asset-testing applicants for legal assistance to do the following: 1. To assess whether or not an applicant's income and assets are such that they are eligible to receive legal aid. 2. If eligible, to assess whether or not the applicant can afford to pay an initial contribution towards the costs of the legal assistance sought: see s36(1)(a) of the Legal Aid Commission Act 1979 to assess whether or not a contribution will be levied on the applicant if an order for costs is made against him/her: see s36(1)(b) of the Legal Aid Commission Act 1979. The Means Test is not the sole determinant of an applicant's eligibility for legal aid. Eligibility is also determined by other factors for example, whether or not legal aid is available for the type of matter for which aid is sought, or whether or not the applicant's case has reasonable prospects of success. Different means test scales for different matters The income and assets guidelines and contributions scales vary according to the type of matter for which legal aid is sought. In the following matters the Means Test "A" guidelines and contributions are applied : All civil law matters All administrative law matters Family law matters: including 'care' and Community Services Division of the Administrative Decisions Tribunal matters) excluding duty scheme for parents in child welfare proceedings). Criminal Indictable matters and all criminal appeals Certain Mental Health Act matters and Guardianship Act 1987 matters. War service pension claims Committal hearings and applications under s48E of the Justices Act 1902 as part of the Commission's pilot scheme. The following matters use the Means Test 'B' guidelines and contributions : Local Court criminal matters excluding committal hearings and applications under 48E of the Justice's Act 1902 as part of the Commission's pilot scheme Supreme Court bail applications Representation provided by the Prisoners Legal Service Duty scheme for parents in child welfare proceedings. Note that the Means Test is not applied to some exempt matters. Proof of income and assets is usually required.

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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.