Means Test B Guidelines Am I financially eligible for legal aid? Means Test B guidelines apply to these matters: Local Court criminal matters excluding committal hearings and applications under s48E of the Justices 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 See Means Test Exemptions for matters which are exempt from the Means Test. Eligibility To qualify for legal aid, applicants must satisfy both the net assessable income guidelines and the net liquid assets guidelines. NOTE: Any reference to the means of the applicant includes where appropriate, the means of any financially associated persons. Contributions in defended Local Court criminal matters (a) Amount of contribution Under Means Test B a contribution is only payable by defendants in defended Local Court criminal matters. In these matters an eligible defendant must pay a $75 contribution. There is no right of appeal to the Legal Aid Review Committee requiring the defendant to pay this contribution. (b) Matters exempt from contributions Initial contributions are not levied on: pleas, mentions and bail applications in Local Court criminal matters informants in Local Court criminal matters, including defended matters (c) Discretion to waive contribution There is a discretion to waive the contribution. This discretion may only be exercised where payment of the contribution would cause the legally assisted person special hardship, or is impractical in the circumstances. For example, where the legally assisted person is in custody. (d) Who can exercise this discretion? regional office senior solicitors legal officers Grade V or above clerks Grade 9 and above in the Criminal Law Assignments Section (e) Final payments 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 to refuse legal aid to applicants whose income and/or assets fall below means test guidelines (a) Discretion available to refuse legal aid Discretion can be exercised to refuse legal aid to applicants whose income and/or assets fall below the levels provided in the means test guidelines. This discretion can be exercised in the following situations, amongst others: Where the applicant is able to afford the cost of legal proceedings having regard to his/her general assets. Where the applicant has substantial fixed assets or an interest in business assets: - that could be realisable; or - against which the applicant could secure a loan to cover the cost of legal proceedings. Where the applicant's lifestyle or standard of living appears to be supported by means beyond those disclosed in the legal aid application. b)Who can exercise discretion? The officer determining the application for legal aid has the discretion to refuse legal aid to applicants whose income and/or assets fall within the Means Test guidelines.

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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.