Crime - Extended Legal Assistance (ELA)

1. Commonwealth parole matters

Extended Legal Assistance is available for applicants for Commonwealth parole matters to make:

• submissions on a decision to refuse to make a parole order;
• submissions in any subsequent reviews of a refusal to make a parole order to the Federal Offenders Unit of the Commonwealth Attorney-General’s Department.

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

• ELA Means Test;
• ELA Merit Test.

Note: Applicants in Commonwealth parole matters are deemed to be vulnerable by virtue of their circumstances.

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

2. State parole matters

Extended Legal Assistance is available for state parole and Serious Offender Review Council matters to make:

• applications under the Crimes (Administration of Sentences) Act (NSW), s 160;
• applications for review hearings at the State Parole Authority;
• manifest injustice applications;
• submissions to the Serious Offender Review Council
• applications to the State Parole Authority to vary the condition of a parole order, and
• applications to the State Parole Authority to vary the condition of an Intensive Correction Order.

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

• ELA Means Test;
• ELA Merit Test.

Note: Applicants in custody and applicants with state parole matters, are deemed to be vulnerable by virtue of their circumstances.

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

3. Corrections to the Child Protection Register

Extended Legal Assistance is available for applicants seeking to correct errors in their registration status in respect of the NSW Child Protection Register established by the Child Protection (Offender Registration) Act 2000 (NSW).

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

• ELA Means Test;
• ELA Merit Test, and
• The Vulnerable Person Test (at Crime ELA guidelines below)

Note: Applicants in custody are deemed to be vulnerable by virtue of their circumstances.

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

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 High-Risk Offender Unit of Legal Aid NSW, and
• Legal Aid NSW has determined that the client has complex needs having regard to:
  • the client identifying as an Aboriginal or Torres Strait Islander person, or
  • the client having a mental illness, mental condition, intellectual disability or cognitive impairment or other psychosocial disability that impacts on their ability to understand the legal problem and resolve it without legal assistance, or
  • the client presents with cultural issues that impact on their legal problem, or
  • the client is illiterate or has an inability to communicate in English, or
  • the client has a history of trauma and abuse,
  • the client is homeless or in unstable accommodation, or at risk of homelessness, or
  • the client is in custody or detention.

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

Note: ELA Means Test does not apply to clients who have complex needs.

The Vulnerable Person Test

Legal Aid NSW will determine whether the applicant 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;
• living with a mental illness, 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;
• experiencing low literacy or an inability to communicate in English.