2.3.1.1 Applications under the Crimes (Criminal Organisations Control) Act 2012 (NSW)

Legal aid is available to applicants opposing an application for an order made under s 14 or s 19 of the Crimes (Criminal Organisations Control) Act 2012 (NSW).

To be eligible for legal aid the applicant must satisfy:

  • the Means Test,
  • that the conditions of the order unreasonably restrict the applicant's personal freedom, and
  • that there are reasonable prospects either of successfully opposing the application or of the application being granted on amended terms that place less restriction on the liberty of the applicant.

Note: These are civil law proceedings that are administered as criminal law grants.

2.3.1.2 Variations, revocations and appeals under the Crimes (Criminal Organisations Control) Act 2012 (NSW)

Legal aid is available to applicants who are:

  • responding to or seeking the variation of an order; or
  • appealing an order or the conditions of an order

made under s 14 or s 19 of the Crimes (Criminal Organisations Control) Act 2012 (NSW).

To be eligible for legal aid the applicant must satisfy:

  • the Means Test
  • the Merit Test, and
  • the conditions of the order unreasonably restrict the applicant's personal freedom.

Note: These are civil law proceedings that are administered as criminal law grants.

2.3.2.1 Applications under the Crimes (Serious Crime Prevention Order) Act 2016 (NSW)

Legal aid is available to persons and organisations opposing applications for a serious crime prevention order under the Crimes (Serious Crime Prevention Orders) Act 2016 (NSW).

To be eligible for legal aid the applicant must satisfy:

  • the Means Test, and
  • if the applicant is a corporation, there are exceptional circumstances.

Note: These are civil law proceedings that are administered as criminal law grants.

2.3.2.2 Persons whose interests may be affected by orders under the Crimes (Serious Crime Prevention Order) Act 2016 (NSW)

Legal aid is available to applicants:

  • whose interests may be affected by the making of a serious crime prevention order against another person, and
  • who were a party to the proceedings for the original order (on the basis that their interests may be affected) so that they can be heard on the application for varying or revoking the order

under the Crimes (Serious Crime Prevention Orders) Act 2016 (NSW).

To be eligible for legal aid the applicant must satisfy:

Note: These are civil law proceedings that are administered as criminal law grants.

2.3.2.3 Variations, revocations and appeals under the Crimes (Serious Crime Prevention Order) Act 2016 (NSW)

Legal aid is available to applicants who are:

  • responding to or seeking the variation or revocation of a serious crime prevention order; or
  • appealing a serious crime prevention order

under the Crimes (Serious Crime Prevention Orders) Act 2016 (NSW).

To be eligible for legal aid the applicant must satisfy:

  • the Means Test
  • the Merit Test, and
  • if the applicant is a corporation, there are exceptional circumstances.

Note: These are civil law proceedings that are administered as criminal law grants.

2.3.3.1 Applications under the Crimes (High Risk Offenders) Act 2006 (NSW)

Legal aid is available to applicants opposing applications made by the Attorney General under the Crimes (High Risk Offenders) Act 2006 (NSW).

To be eligible for legal aid the applicant must satisfy:

Note: These are civil law proceedings that are administered as criminal law grants.

2.3.3.2 Variations, revocations and appeals under the Crimes (High Risk Offenders) Act 2006 (NSW)

Legal aid is available to applicants who are:

  • responding to or seeking the variation or revocation of an extended supervision order or continuing supervision order, or
  • appealing an extended supervision order or continuing detention order

under the Crimes (High Risk Offenders) Act 2006 (NSW).

To be eligible for legal aid the applicant must satisfy:

Note: These are civil law proceedings that are administered as criminal law grants.

2.3.3.3 Applications under the Terrorism (High Risk Offenders) Act 2017 (NSW)

Legal aid is available to applicants responding to applications made by the Attorney General under the Terrorism (High Risk Offenders) Act 2017 (NSW), including an emergency detention order.

To be eligible for legal aid the applicant must satisfy:

Note:  These are civil proceedings that are administered as criminal law grants.

2.3.3.4 Variations, revocations and appeals under the Terrorism (High Risk Offenders) Act 2017 (NSW)

Legal aid is available to applicants who are appealing or applying for a variation or revocation of a supervision order or continuing detention order under the Terrorism (High Risk Offenders) Act 2017 (NSW).

To be eligible for legal aid the applicant must satisfy:

Note:  These are civil proceedings that are administered as criminal law grants.

2.3.3.5 Applications under the Criminal Code 1995 (Cth) - High Risk Terrorist Offenders

Legal aid is available to applicants who are responding to an application for a post-sentence order under Division 105A of the Criminal Code 1995 (Cth).

To be eligible for legal aid the applicant must satisfy:

Note:  These are civil proceedings that are administered as criminal law grants.

2.3.3.6 Revocations, variations and appeals under the Criminal Code 1995 (Cth) - High Risk Terrorist Offenders

Legal aid is available to applicants who are seeking a variation, revocation or appeal of a post-sentence order under Division 105A of the Criminal Code 1995 (Cth).

To be eligible for legal aid the applicant must satisfy:

Note:  These are civil proceedings that are administered as criminal law grants.

 

2.3.3.7 Applications under the Criminal Code 1995 (Cth) – Community Safety Orders

Legal aid is available to applicants who are responding to an application for a community safety order under Division 395 of the Criminal Code 1995 (Cth).

To be eligible for legal aid the applicant must satisfy:

Note: These are civil law proceedings that are administered as a criminal law grant. 

2.3.4.1 Opposing a post-conviction order

Legal aid is available to legal aid applicants opposing an application for an order that follows a finding of guilt or a conviction for a criminal offence.

To be eligible for legal aid the applicant must satisfy:

  • the Means Test
  • that the conditions of the order unreasonably restrict the applicant's personal freedom, and
  • that there are reasonable prospects either of successfully opposing the application or of the application being granted on amended terms that place less restriction on the liberty of the applicant.

Examples of post-conviction orders covered by this policy include:

  • Child Protection Registration Orders under the Child Protection (Offenders Registration) Act 2000 (NSW), s 3E and s 3F, and
  • Child Protection Prohibition Orders under the Child Protection (Offenders Prohibition Orders) Act 2004 (NSW), s 5.  

Note: These are civil law proceedings that are administered as criminal law grants.

Note: This policy does not apply to Apprehended Domestic Violence Order proceedings –  for the relevent policy on these proceedings see Apprehended Violence Order policy 5.1- Apprehended Domestic Violence Orders.

2.3.4.2 Variations, revocations and appeals of post-conviction orders

Legal aid is available to legal aid applicants:

  • who are either responding to or seeking the variation or revocation of an order, or
  • appealing an order or the conditions of an order

made to a Court following a finding of guilt or a conviction for a criminal offence.

To be eligible for legal aid the applicant must satisfy:

  • the Means Test,
  • the Merit Test, and
  • that the conditions of the order unreasonably restrict the applicant's personal freedom.

Examples of post-conviction orders covered by this policy include:

  • Child Protection Registration Orders under theChild Protection (Offenders Registration) Act 2000 (NSW), s 3E and 3F, and
  • Child Protection Prohibition Orders under the Child Protection (Offenders Prohibition Orders) Act 2004 (NSW), s 5.

Note: These are civil law proceedings that are administered as criminal law grants.

Note: This policy does not apply to Apprehended Domestic Violence Order proceedings – for the relevant policy on these proceedings see Apprehended Violence Order policy 5.1- Apprehended Domestic Violence Orders.

Legal aid is available for advice and representation in preventative detention order, control order and prohibited contact order matters.

2.3.5.1 Legal advice on preventative detention orders, control orders and prohibited contact orders

Legal advice is available in relation to:

  • a preventative detention order or prohibited contact order made under Part 2A of the Terrorism (Police Powers) Act 2002 (NSW), and  
  • a preventative detention order or control order made under Division 104 or 105 of the Criminal Code 1995 (Cth).

There is no means test applied for the legal advice service.

2.3.5.2 Matters where a Supreme Court order for the provision of legal aid has been made

Legal aid is available to a person for preventative detention order or prohibited contact order proceedings where the Supreme Court has made an order for the provision of legal aid to that person under the Terrorism (Police Powers) Act 2002 (NSW), s 26PA(2).

Note: In the absence of specific directions from the Court in relation to the making of the grant of aid, the Legal Aid Commission Act 1979 (NSW) applies.

2.3.5.3 Orders under the Terrorism (Police Powers) Act 2002 (NSW)

In the absence of a Supreme Court order, legal aid is available to a person who is the subject of a preventative detention order application for proceedings in the Supreme Court in relation to:

  • an application for an interim preventative detention order; and
  • confirmation of a preventative detention order, including a consecutive order application under the Terrorism (Police Powers) Act 2002 (NSW),  s 26K(6).

To be eligible for legal aid the applicant must satisfy:


2.3.5.4 Revocations under the Terrorism (Police Powers) Act 2002 (NSW) 

In the absence of a Supreme Court order, legal aid is available to a legal aid applicant who is the subject of a preventative detention order or prohibited contact order under Part 2A of the Terrorism (Police Powers) Act 2002 (NSW) and who is seeking to have the order revoked.

To be eligible for legal aid the applicant must satisfy:


2.3.5.5 Proceedings under the Criminal Code 1995 (Cth) – Preventative Detention Orders and Control Orders

Legal aid is available to an applicant who is the subject of a control order or preventative detention order under Division 104 or 105 of the Criminal Code 1995 (Cth) for:

  • confirmation of control order proceedings
  • proceedings in relation to an application by the Australian Federal Police (AFP) to add obligations, prohibitions or restrictions to a control order, or
  • making representations to the AFP in relation to an application for a continued preventative detention order for consideration by an issuing authority.

To be eligible for legal aid the applicant must satisfy:

2.3.5.6 Variations and revocations under the Criminal Code 1995 (Cth) – Preventative Detention Orders and Control Orders

Legal aid is available to an applicant who is currently or was previously the subject of a control order or preventative detention order under Division 104 or 105 of the Criminal Code 1995 (Cth) for:

  • proceedings in relation to an application by the subject person for a revocation or variation of a control order
  • making representations to the AFP regarding why a preventative detention order should be revoked, or
  • giving information under the Australian Federal Police Act 1979 (Cth), s 40SA, regarding the making of a preventative detention order or treatment under such an order.

To be eligible for legal aid the applicant must satisfy:

Note: see Civil law policy 4.1.2: preventative detention matters for:

  • proceedings for a remedy in relation to a preventative detention order or treatment under such an order, including an application to the Administrative Review Tribunal, and
  • making a complaint to the Commonwealth Ombudsman regarding the making of a preventative detention order or treatment under such an order.