Policy Introduction The Commission is a state funded body providing legal assistance in matters arising under New South Wales law ("state matters"). The Commission has also entered into an arrangement with the Commonwealth to provide legal assistance in matters arising under Commonwealth law ("Commonwealth matters") in accordance with priorities and guidelines set by the Commonwealth. Legal aid may be granted for applications which meet the means test the policy guidelines, and the merit test and, in the case of Commonwealth matters, which arise under Commonwealth law and which are specified as priority matters. In Commonwealth matters, in the ordinary course of events the tests will be applied in the above order. Commonwealth priorities are set out in the various Commonwealth matter guidelines and Commonwealth funds must be used to provide aid within these priority areas. If the Commission wishes to expend Commonwealth funds on a grant of legal aid in any individual case which does not fall within the stated priorities, it may not do so unless: there are Commonwealth funds available, and the Commission's proposal to spend Commonwealth funds on that category of case has been approved by the Commonwealth in writing before the grant of legal aid is made. Matter Types The Commission determines the types of matters arising under State law for which legal aid is available. The Commonwealth determines the types of matters arising under Commonwealth law for which legal aid is available. Commonwealth funds may be used to provide aid in matters involving both Commonwealth and State laws if in the nature of the legal problem and the course of its resolution, the matter is essentially Commonwealth. If it is essentially State, the matter is to be funded using State funds. If the matter is neither essentially Commonwealth nor State but a substantial mix of both, the Commonwealth will pay a proportion of the total costs based upon an estimate by the Commission of the percentage of the work done under the grant which is attributable to Commonwealth law. The means test In most cases, both State and Commonwealth, the Commission applies a means test which takes into account an applicant's income and assets. Full details of the Commission's means test and exempt cases are contained in Means Test Guidelines. The merit tests Merit Test A is applied to most State matters and Merit Test B is applied to most Commonwealth matters. Advice The Commission provides general advice to the public on all matters at Commission offices,. Advice is provided free of charge without application of the means test or merit test. People seeking advice should contact the closest Commission office. Initial contributions In most cases the Commission requires a contribution based on income and assets from a person granted legal aid. Certain cases are exempt. Full details of contributions and exempt cases are contained in the Means Test Guidelines. Final contributions The Commission's policy is that, at the conclusion of the case or the legal aid grant, where possible, the total costs of the matter should be recovered from the person granted legal aid, depending on the person's financial situation.

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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.