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Mental Health (Criminal Procedure) Act 1990
A grant of legal aid for this type of matter is not subject to a means or a merit test. The exception to this isnon-forensic patients appearing before the Mental Health Review Tribunal in proceedings under the Mental Health (Criminal Procedure) Act 1990 who have not been granted legal aid for their trial or special hearing, or who do not meet Means Test B guidelines.

Mental Health Matters - Representation by salaried staff
Salaried Commission solicitors conduct these matters unless a salaried solicitor is unable to conduct the matter or exceptional circumstances exist.

There is no right of appeal to a Legal Aid Review Committee against a decision to provide aid on an inhouse basis (see ss34(4A) and 56(1AA) of the Legal Aid Commission Act 1979).

See also Legal Aid's Mental Health Advocacy Service.




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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.

most recently updated 22 June 2000