Representation guidelines

These guidelines and are intended to be read with the Representation policies. They provide guidance on how the policies are to be applied by setting out certain requirements which need to be observed when administering grants of legal aid.  

1. Determining requests for reassignment of criminal matters

1.1 - Criteria to be considered when making a determination to assign a criminal matter

The determining officer will take into consideration:

  • the reasons for the request for reassignment which have been provided by the client and in particular if there are exceptional circumstances,
  • the amount of work which has been carried out by the original practitioner,
  • the amount of costs and disbursements expended by Legal Aid NSW to date in the matter, and
  • the stage of proceedings.

The determining office will consult with the original practitioner to assess their willingness to continue to act for the legally aided person.

1.2 - Procedure when assignment of matter is approved

The determining officer will take into consideration:

  • the reasons for the request for reassignment which have been provided by the client and in particular if there are exceptional circumstances,
  • the amount of work which has been carried out by the original practitioner,
  • the amount of costs and disbursements expended by Legal Aid NSW to date in the matter, and
  • the stage of proceedings.

The determining office will consult with the original practitioner to assess their willingness to continue to act for the legally aided person.

1.3 - Transfer of file

The determining officer will advise the client and practitioners that the transfer of the client's file must be arranged between the original legal practitioner and the new legal practitioner.

1.4 - Retaining counsel

Legal Aid NSW will expect the client to retain the same counsel wherever possible.

1.5 - Instructions for legal practitioners

Legal Aid NSW will expect the client to retain the same counsel wherever possible.

2. Criteria to be considered when assigning a matter to the Homeless Persons Legal Service Advocate

In deciding whether to assign a matter to the Homeless Persons Legal Service Advocate, the following criteria must be satisfied:

  • the applicant is a client of the Homeless Person Legal Service (HPLS) and has been referred to the HPLS Solicitor Advocate through HPLS Outreach Services,
  • the applicant is homeless or at risk of homelessness, and is:
    • highly unlikely, due to personal characteristics, or circumstances to be able to effectively access and use legal assistance from a Legal Aid NSW office or a duty solicitor at court, and
    • at risk of being unrepresented.