2.10 When legal aid is not available

2.10 - When legal aid is not available for criminal matters

Legal aid is not available for the following types of matters:

  • respondents in victims compensation matters in the Local, District, or Supreme Court or the Victims Compensation Tribunal;
  • proceedings under the Confiscation of Proceeds of Crime Act 1989 (NSW) and other legislation related to tainted monies/property;
  • applications for Apprehended Personal Violence Orders (unless the applicant for legal aid is a child- see Crime policy 2.1.3 Apprehended Personal Violence Orders);
  • for a person to commence proceedings in the Local Court except for Apprehended Domestic Violence Order proceedings;
  • where Legal Aid NSW is satisfied that the defence for a Local Court defended hearing is frivolous or has no possible prospects of success.