5. Matters where the charge policy does not apply

Where an applicant or financially associated person owns real property, the charge policy will not apply to the following matters:

  • all matters where the Means Test does not apply,
  • Local Court criminal duty matters,
  • Apprehended Domestic Violence Order matters,
  • Public Interest Coronial Inquest matters, and
  • where Legal Aid NSW is satisfied the matter is being conducted in the public interest and the legally aided person will not derive any personal or financial benefit from the proceedings.

Note: A legally aided person acting as a guardian ad litem is not required to give a charge over real property they own as a condition of the grant.