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Policy Statement

Civil law Extended Legal Assistance and Early Resolution Assistance policies support the purpose of the Civil Law Division – to improve the lives of people experiencing deep and persistent disadvantage or dislocation by using civil law to meet their fundamental needs.

Extended Legal Assistance and Early Resolution Assistance

Extended Legal Assistance (ELA) and Early Resolution Assistance (ERA) is available to eligible applicants.

ELA and ERA services are provided in-house only, and provision of assistance is subject to the capacity of the in-house practice.

Step 1 – ELA and ERA are available to meet the fundamental needs of eligible applicants

Eligible applicants

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

Eligible applicants

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 Means Test or ERA Means Test

Specialist areas of law with different eligibility requirements

Step 2 – For legal problems involving the following fundamental needs

Safety

Safety

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Dignity, equality and self determination

Dignity, equality and self determination

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Liberty

Liberty

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Family and kinship

Family and kinship

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Income and entitlements

Income and entitlements

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Safe and stable housing

Safe and stable housing

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Education, health and disability supports

Education, health and disability supports

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Essential goods and services

Essential goods and services

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Step 3 – Where there is a clear benefit to providing the assistance

Clear benefit test

Legal Aid NSW must be satisfied the Extended Legal Assistance or Early Resolution Assistance will provide a clear benefit, taking into account the nature and extent of:

  • any benefit that the applicant might expect to gain by receiving assistance.
  • any disadvantage or harm to the applicant that might result from being refused assistance.

The cost of providing assistance must be commensurate with the likely benefit to be gained by the applicant.

Other resources

ELA Means Test

This page has information about the Extended Legal Assistance (ELA) Means Test including the income and assets tests, evidence of means and household types.

ERA Means Test

This page has information about the Early Resolution Assistance (ERA) Means Test including the income and assets tests, evidence of means and household types.

Civil policies

This page has information about Civil law eligibility policies for grants of legal aid.