Grants to Community Legal Centres

Legal Aid NSW has developed policies for applications for legal aid where legal services are provided by community organisations known as Community Legal Centres (CLCs).

Only organisations included in the Schedule at 6. can apply for a grant of legal aid. Where an application for legal aid is received from a CLC that is not included in the schedule, the application may be referred to the CEO who may add the CLC to the Schedule. The policies concerning the granting and administration of legal aid which apply to any legal aid applicant will apply to a CLC in addition to the policies set out in this chapter.

1. What is included in a grant of aid made to a CLC?

A grant of legal aid made by Legal Aid NSW to a CLC covers disbursements only and does not normally include legal practitioners' fees. Legal practitioner fees are paid in specific circumstances as outlined in CLC policy 3 Paying legal practitioner fees to CLCs and CLC policy 4 Special arrangements.

Where a grant of legal aid to a CLC does not cover legal practitioner fees this must be clearly stated in the grant letter.

Disbursements including counsel's fees, are paid at the normal legal aid rates to all CLCs listed in the Schedule at 6.

2. What policies applies to grants of legal aid to CLCs

Where legal aid is granted to a CLC listed in the Schedule at 6., the policies which apply to applications for grants of legal aid and administering grants will apply to the grant of aid to the CLC. This includes:

  • Means Test
  • Merit Test
  • policies about the types of matters for which legal aid is available and the requirements that need to be met for criminal law matters, civil law matters and family law matters.
  • policies concerned with the administration of aid such as the Contributions policy. In particular, s 46 of the Act enables Legal Aid NSW to recover costs from the legally assisted person at the conclusion of the proceedings in certain circumstances.

3. Paying legal practitioner fees to CLCs

Legal practitioner fees are paid at the normal legal aid fee rate where legal aid has been granted to the following nominated CLCs:

When granting legal aid to all other CLCs listed in the Schedule at 6., Legal Aid NSW will only pay the cost of disbursements only, unless the CLC is included in the policy set out in CLC policy 4 below.

4. Special arrangement with Marrickville, Western Sydney Community Legal Centre, Kingsford and Far West Community Legal Centres

4.1 - Legal practitioner fees: Marrickville and Western Sydney Community Legal Centre

Legal Aid NSW will pay legal practitioner fees to Marrickville and Western Sydney Community Legal Centre in accordance with the following policy.

When legal practitioner fees will be paid in grants of legal aid

Legal practitioner fees will only be paid for defended Children's Court matters.

When practitioner fees are paid for appeals or children's matters in higher courts

Legal practitioner fees in appeals to the District Court, or in other legally aided children's matters proceeding to higher courts, will be paid, if:

  • there are exceptional circumstances as set out in section 15.5, and
  • the total amount of legal practitioner's fees claimed for defended Children's Court matters does not exceed:

    • in the case of Marrickville Legal Centre, $15,000 each year, and
    • in the case of Western Sydney Community Legal Centre, $5,000 each year.

Invoices in relation to practitioner fees are to be submitted on a regular basis to Legal Aid NSW.

Applying for these types of grants of legal aid

  • Legal aid applications are to be made to Grants, Legal Aid NSW.
  • Applications for a grant of legal aid must be made before the commencement of the proceedings for which aid is sought.
  • Where there is limited time available to make an application for a grant of legal aid, an emergency grant of aid may be sought by telephone and confirmed later in writing.

Responsibility to notify former legal practitioner

In cases where Marrickville or Western Sydney Community Legal Centre is requested to act for a child in a defended Children's Court matter, and where the child:

  • has previously instructed a rostered duty solicitor, and
  • the child is no longer instructing that legal practitioner

Marrickville and Western Sydney Community Legal Centres must advise that legal practitioner as soon as possible or at least before the date of hearing that they are now acting on behalf of the child.

4.2 - Legal practitioner fees: Kingsford Legal Centre

Legal Aid NSW will pay legal practitioner fees to Kingsford Legal Centre in accordance with the following policy:

  • Legal Aid NSW will pay legal practitioner fees to Kingsford Legal Centre for duty solicitor work undertaken at Waverley Local Court on Mondays.
  • no "flow on" work undertaken on other days will be remunerated.
  • the amount of fees claimed by Kingsford Legal Centre will be the actual hours worked on Mondays up to a maximum of 6 hours.
  • the fees paid will be at the normal Legal Aid Local Court criminal duty solicitor's rate.
  • Kingsford Legal Centre must submit its invoices for practitioner fees on a regular basis, together with a completed legal aid application form for each matter.

4.3 - Legal practitioner fees - Far West Community Legal Centre

Legal Aid NSW will pay legal practitioner fees to Far West Community Legal Centre in accordance with the following policy:

  • In matters other than Commonwealth family law matters, the Far West Community Legal Centre will be paid legal practitioner fees in cases where there is no other legal practitioner in Broken Hill available to represent a legally assisted person.
  • In Commonwealth family law matters the Far West Community Legal Centre will be paid legal practitioner fees where the Centre's Principal Solicitor is on the record and the matter is for hearing in Broken Hill.
  • Legal practitioner fees will only be paid where an application for legal aid has been received by Legal Aid NSW and a grant of legal aid has been made to the Far West Community Legal Centre.
  • Fees will be paid in accordance with the normal Legal Aid NSW Fee Scale.
  • All Legal Aid policies will apply to grants to the Far West Community Legal Centre, including the Legal Aid NSW Contributions policy under s 46 of the Legal Aid Commission Act 1979 (NSW) concerning recovery of full costs and disbursements by Legal Aid NSW.

5. Funding allocation to Community Legal Centres

Legal Aid NSW may take into account the amount of legal practitioner fees paid to a Community Legal Centre (CLC) in legally aided matters when considering funding allocations to a CLC under the community legal centre funding program.

6. Schedule of community organisations providing legal services covered by these policies

  • Arts Law Centre
  • Australian Centre for Disability Law
  • Binaal Billa Family Violence Prevention Legal Service (FVPLS)
  • Broken Hill Aboriginal Family Violence Prevention Legal Service (Warra Warra Legal Service)
  • Care Goondiwindi Community Legal Service
  • Central Coast Community Legal Centre
  • Community Legal Centres NSW
  • Court Support Scheme
  • Domestic Violence Advocacy Service
  • Elizabeth Evatt Community Legal Centre
  • Environmental Defender's Office (EDO)
  • Far West Community Legal Centre
  • Financial Rights Legal Centre
  • HIV/AIDS Legal Centre
  • Horizons Family Law Centre
  • Human Rights Law Centre
  • Hume-Riverina Community Legal Service
  • Hunter Community Legal Centre
  • Illawarra Legal Centre
  • Immigration Advice and Rights Centre
  • Inner City Legal Centre
  • Intellectual Disability Rights Service
  • Kingsford Legal Centre
  • Macarthur Legal Centre
  • Many Rivers – Family Violence Prevention Legal Centre 
  • Marrickville Legal Centre
  • Mid North Coast Community Legal Centre
  • Murray Mallee Community Legal Service
  • National Children's and Youth Law Centre
  • North & North West Community Legal Service
  • Northern Rivers Community Legal Centre
  • Public Interest Advocacy Centre (PIAC)
  • Refugee Advice and Casework Service (RACS)
  • Redfern Legal Centre
  • Salvos Legal (Humanitarian)
  • Shoalcoast Community Legal Centre
  • Shopfront Youth Centre
  • South West Sydney Legal Centre
  • Tenants' Union of NSW
  • The Seniors Rights Service
  • University of Newcastle Legal Centre
  • Welfare Rights Centre
  • Wesley Community Legal Service
  • Western NSW Community Legal Centre
  • Western Sydney Community Legal Centre
  • Wirringa Baiya Aboriginal Women's Legal Centre
  • Women's Legal Service NSW

7. Legal practitioner/client fees

Where legal practitioner/client fees are paid to an organisation listed in the Schedule in a legally aided matter, CLCs fees will be payable from the date of the grant of legal aid unless:

  • a preliminary grant of legal aid is made for investigations permitted under s33 of the Legal Aid Commission Act 1979 (NSW), and
  • full particulars are required from the organisation in support of its claim for fees.