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Civil - Extended Legal Assistance (ELA)

ELA is an early intervention service provided by the in-house practice only. 

1. Disputes with Centrelink

Extended Legal Assistance is available for disputes with Centrelink at the AAT (tier 1) relating to:

  • Disability Support Pension qualification,
  • Member of a couple cases (where a client’s payment has been cancelled and a debt raised due to the client being considered a ‘member of a couple’),
  • Clients with non-payment periods (e.g. compensation preclusion periods, income maintenance periods, penalties, newly arrived residents' waiting periods),
  • Residence issues,
  • Special Benefit payment issues (including eligibility and rate),
  • Debts greater than $5,000, or
  • Other issues where resolution of the dispute at this early stage will prevent further detriment being experienced by the client.

To be eligible for Extended Legal Assistance the applicant must satisfy:

2. Veterans' matters

Extended Legal Assistance is available for primary claims with the Department of Veterans’ Affairs (DVA) and representation at the Veterans’ Review Board (VRB) in the following types of matters:

  • Primary claims with the DVA and appeals from decisions of the delegate to the VRB about war-caused disability pension entitlement or assessment claims under the Veterans' Entitlements Act 1986 (Cth),
  • Primary claims with the DVA under the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (Cth), 
  • Primary claims with the DVA and appeals from decisions of the delegate to the VRB about claims under the Military Rehabilitation and Compensation Act 2004 (Cth) in relation to:
    • acceptance of liability (Chapter 2),
    • rehabilitation programs (Chapter 3, Part 2),
    • permanent impairment (Chapter 4, Part 2),
    • incapacity payments for former members (Chapter 4, Part 4),
    • special rate disability pension (Chapter 4, Part 6), and/or
      dependent’s benefits (Chapter 5).

To be eligible for Extended Legal Assistance the applicant must satisfy:

There is no ELA Means Test applied to these matters.

3. Complaints to the Fair Work Ombudsman and the Fair Work Commission

Extended Legal Assistance is available to make complaints to the Fair Work Ombudsman about recovery of entitlements and Fair Work Commission claims about unfair dismissal or general protections.

To be eligible for Extended Legal Assistance the applicant must satisfy:

4. Housing matters at the Housing Appeals Committee and internal reviews

Extended Legal Assistance is available for representation through the social housing two tier appeals process.

To be eligible for Extended Legal Assistance the applicant must satisfy:

5. Complaints to an ombudsman, statutory body or agency, or a commissioner

Extended Legal Assistance is available to make complaints to an ombudsman, statutory body or agency.

To be eligible for Extended Legal Assistance the applicant must satisfy:

6. Complaints to the United Nations

Extended Legal Assistance is available to assist with lodging complaints to the United Nations.

To be eligible for Extended Legal Assistance the applicant must satisfy:

7. Consumer disputes

Extended Legal Assistance is available to assist with an internal dispute resolution process in relation to a consumer dispute, lodging complaints at an external dispute resolution scheme, and complex insurance claims.

To be eligible for Extended Legal Assistance the applicant must satisfy:

8. Discrimination complaints

Extended Legal Assistance is available to assist with lodging a complaint at the ADB or the AHRC.

To be eligible for Extended Legal Assistance the applicant must satisfy:

9. Complaints to an external dispute resolution body such as an ombudsman, commissioner, statutory body, regulator or other agency

Extended legal assistance is available to make complaints to an external dispute resolution body or agency where:

  • the dispute raises a systemic or complex legal issue;
  • the resolution of the dispute would have a significant impact on the client.

To be eligible for Extended Legal Assistance the applicant must satisfy:

10. School Exclusion matters

Extended Legal Assistance is available to assist applicants:

  • To appeal or review a school suspension or expulsion,
  • To lodge complaints about a school suspension, expulsion or other exclusion to the school or the NSW Department of Education, and
  • With any dispute resolution process arising from a complaint about a suspension, expulsion or other exclusion from school.

To be eligible for Extended Legal Assistance the applicant must satisfy:

  • ELA Merit Test, and
  • That the child or young person that is the subject to the matter is:
    • Aboriginal or Torres Strait Islander, or
    • in Out of Home Care, or
    • involved in the criminal justice system, or
    • living with a disability or mental illness.

There is no ELA Means Test applied to these matters.

Note: The client may be the child or young person that is the subject of the matter, or their parent or guardian.

11. Stolen Generations Reparations Scheme Review matters

Extended Legal Assistance is available to apply to the Minister for Aboriginal Affairs to review a decision under the Stolen Generations Reparations Scheme (SGRS).

To be eligible for Extended Legal Assistance the applicant must satisfy:

There is no ELA Means Test applied to these matters.

12. Migration matters

Extended Legal Assistance is available to eligible applicants to respond to or make applications to the Department of Home Affairs.

Extended Legal Assistance is available to:

Respond to: 

  • a notice, visa refusal or request for information in relation to character, or 
  • a visa cancellation decision. 

Apply for: 

  • a visa which achieves the aim of protection  
  • Citizenship for a refugee where the applicant:  
    • may not meet the character requirement   
    • is unable to provide evidence of their identity, and/or  
    • is unable to undertake the citizenship test due to incapacity.
  • A Partner Visa where the applicant is eligible for an exemption:
    • under the family violence,
    • child of the relationship, or
    • death of a sponsor exemption provisions.

To be eligible for ELA funding the applicant must be an eligible applicant.

Make application to the Department of Home Affairs, for

  • a split family offshore humanitarian visa where the sponsor is the holder of a refugee or humanitarian visa
  • a Child, Partner, or Parent visa (if the sponsor is under 18) where the sponsor is the holder of a refugee or humanitarian visa.

Eligible applicant includes:

An applicant who is:

  • Aboriginal or Torres Strait Islander
  • Under 21 years and in contact with both the care and criminal justice system
  • An asylum seeker or refugee arrived within past 6 years
  • detained in a mental health facility, prison or immigration detention, or
  • Homeless.

Not subject to the ELA or ERA Means Test

Or

An applicant who:

  • is living in social housing
  • has a disability or long-term health condition, or is the carer of such a person
  • is a single parent
  • has low or no English literacy
  • is under 21 years.

OR, where an applicant has legal issues arising from or related to:

  • domestic and family violence or elder abuse
  • flood, bushfire or other disaster
  • forced labour

Subject to the ELA or ERA Means Test

13. Sexual Assault Communications Privilege matters

Extended Legal Assistance is available to complainants where NSW Police seek their counselling information when investigating sexual offences against them.

To be eligible for Extended Legal Assistance the applicant must satisfy:

There is no ELA Means Test applied to these matters.

14. Coronial Inquest matters

Extended Legal Assistance is available to assist persons of interest who are required to give evidence at a Coronial Inquest.

To be eligible for Extended Legal Assistance the applicant must satisfy:

15. Victims of violent crime

Extended Legal Assistance is available to victims of violent crime to:

  • Apply for support under the Victims Rights and Support Act 2013 (NSW), or
  • Apply for internal review of the Assessor’s decision under the Victims Rights and Support Act 2013 (NSW).

To be eligible for Extended Legal Assistance the applicant must satisfy:

Note: Extended Legal Assistance is an early intervention service provided by the in-house practice only. The provision of this service is dependent on in-house capacity.

16. Respect at Work Legal Service

Extended Legal Assistance is available to people who have experienced sexual harassment or unlawful discrimination at work to make complaints to an employer, the Australian Human Rights Commission and Anti-Discrimination NSW, and to make applications to the Fair Work Commission.

Examples of Extended Legal Assistance available include:

  • Representing a worker in negotiations to resolve workplace sexual harassment and/or discrimination.
  • Making an application for stop sexual harassment orders at the Fair Work Commission.
  • Making Fair Work Commission claims about general protections and representation in disputes about flexible work and stand down involving unlawful discrimination.
  • Making a complaint and representing a worker in conciliation at the Australian Human Rights Commission and Anti-Discrimination NSW.

To be eligible for Extended Legal Assistance the applicant must satisfy:

There is no ELA Means Test applied to these matters.

Note: Extended Legal Assistance is an early intervention service only provided by the Respect at Work Legal Service and the in-house practice. The provision of this service is dependent on capacity.

17. Complex fine matters

Extended Legal Assistance is available for complex fine matters, including:

  • an application for a write off of fines debt over $5,000 or where supporting evidence is required by Revenue NSW,
  • an application for an internal review,
  • an application for a refund of monies garnished following enforcement action by Revenue NSW,
  • determining the validity of an Order for Restitution made by Victims Services, or
  • an application to the Hardship Review Board following an adverse decision by Revenue NSW.

To be eligible for Extended Legal Assistance the applicant must satisfy:

Note: Assistance in these matters will be dependent on the capacity of the Civil Law Division throughout the State.

Extended Legal Assistance is available for applicants who are determined to have complex needs.

Legal Aid NSW will be satisfied the applicant has complex needs where:

  • The client is a client of the Civil Law Division, and
  • Legal Aid NSW has determined that the client has complex needs having regard to: 
    • the client identifies as an Aboriginal or Torres Strait Islander person, or
    • the client is under twenty-five (25) years of age, or
    • the client is homeless or at risk of homelessness, or
    • the client is identified as a refugee who has arrived on an offshore humanitarian visa or holds a protection visa, or
    • the client’s experience of domestic and family violence, and
  • Legal Aid NSW has determined the client: 
    • is not able to advocate for themselves, and
    • has a range of legal issues.

Legal Aid NSW will make the assessment of complex needs based on these characteristics and experiences.

Note: The ELA Means Test and ELA Merit Test do not apply to Extended Legal Assistance for clients who have complex needs.

Note: Assistance will be dependent on the capacity of the Civil Law Division.

The Vulnerable Person Test

Legal Aid NSW will determine whether the client is vulnerable having regard to whether they are:

  • Aboriginal or Torres Strait Islander,
  • homeless or at risk of homelessness,
  • under 25 years of age,
  • over 65 years of age,
  • living in a remote or regional area and have difficulty accessing legal services,
  • in custody or detention,
  • experiencing or at risk of domestic and family violence or have legal issues arising out of their experience of family violence,
  • living with a mental illness or cognitive impairment or other disability impacting on their ability to understand the legal problem and represent their interests,
  • living with a significant physical disability affecting their access to legal and other services,
  • a refugee who arrived on an offshore humanitarian visa or who holds a protection visa, or
  • experiencing a threat to their prospects of stable and ongoing employment and are 'financially vulnerable' (see Civil guideline 4.5.1). Note: this vulnerability only applies to claims to the Fair Work Commission and complaints to the Fair Work Ombudsman.

AND they:

  • have tried and failed to resolve the legal issue,
  • have low literacy and are unable to read letters/understand conversations with agencies,
  • are unable to identify and understand the details of the legal issues they have, or
  • are unable to navigate the systems and processes to resolve the legal issues.