Means Test A Guidelines Means Test A guidelines apply to these matters: 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 Commissions's pilot scheme See Means Test Exemptions for matters which are exempt from the Means Test. Eligibility The applicant's eligibility for legal aid in these matters is determined by: applicant's net assessable income applicant's net assessable assets assessment of applicant's ability to pay legal costs. NOTE: Any reference to the means of the applicant includes where appropriate, the means of any financially associated persons. Contribution In some exempt matters the applicant does not have to pay a contribution towards the cost of legal representation. In other matters the contribution to be levied under the means test guidelines is the sum of the contributions levied on net assessable income and on assets. If the total contribution exceeds the estimated cost of the proceedings, the applicant is ineligible for aid. It is also the Commission's policy that, at the conclusion of the case or the legal aid grant, where possible, either all or part of the total costs of the matter should be recovered from the person granted legal aid, depending on the person's financial situation. In cases where the person recovers money or property in the proceedings, the Commission will seek to recover the total costs. Discretion Discretion can be exercised to grant legal aid to applicants who exceed means test guidelines, and to elderly applicants with excess home equity. There is also a discretion to reduce or increase the amount of contribution or waive the contribution.

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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.