4.15 Proceeds of crime

4.15.1 - Proceeds of crime

Legal aid is available for proceedings under the Proceeds of Crime Act 2002 (Cth) if the applicant has property that is covered by a restraining order under this Act, or is likely to be covered by such an order.

To be eligible for legal aid the applicant must satisfy:

• the Means Test, and

• the Merit Test.

Applying Means Test 

In assessing an applicant's eligibility under the Means Test, Legal Aid NSW must disregard any of the applicant's property that is subject to a restraining or confiscation order under the Proceeds of Crime Act 2002 (Cth), or is likely to be covered by such an order.

See Civil guideline 4.1 on requirements to attend ADR.

see Civil guideline 4.13 on grants of aid for test cases.

See Civil guideline 4.10 on applying proceeds of crime policy.

Note

These matters are either conducted by the in-house criminal law practice or assigned to criminal law practitioners.

Legal aid is not available for State proceeds of crime matters.