Delegation Instrument
Under s 69 of the Legal Aid Commission Act 1979 (NSW) (the Act), the CEO has delegated certain functions to Legal Aid NSW officers and private lawyers as specified in this Delegation Instrument.
A delegation can be exercised by the nominated delegated officer, or an officer of a higher grade.
Under section 69 of the Legal Aid Commission Act 1979 (NSW) (the Act), I delegate the functions vested in me by section 17 of the Act, to the following Legal Aid NSW officers to exercise the functions specified in this Delegation Instrument.
Executive Director Digital Transformation
Executive Director Client Services
Executive Director Criminal Law
Executive Director Civil Law
Executive Director Family Law
Deputy Director Criminal Law
Deputy Director Civil Law
Deputy Director Family Law
Director Domestic Violence Unit
Principal Manager Grants Administration
Manager Inhouse Counsel Unit
Associate Director Criminal Law
Associate Director Civil Law
Associate Director Family Law
Solicitor-in-Charge, Regional Office
Senior Solicitor, Debt Recovery and Caveats, Inhouse Counsel Unit
Senior Solicitor, Debt Recovery and Caveats, Inhouse Counsel Unit
Senior Solicitor, Legal Costs Recovery, Inhouse Counsel Unit
Solicitor-in-Charge, Private Lawyer Quality Standards Unit
Solicitor Advocate
Solicitor Grants
Solicitor
Advocate Clerk Grade 6-7
Grants Officer, Clerk Grade 5-6
Grants Officer, Clerk Grade 3-4,
and above to exercise the functions set out below.
This document is to be read in conjunction with an Officer’s role and responsibilities, as set out in his or her position description or statement of duties.
A delegation can be exercised by the nominated delegated officer, or an officer of a higher grade and includes relevant Band 1 Senior Executive positions and above.
An Associate Director can exercise the same functions as a Grade I-III solicitor through to a Grade VI solicitor.
Any financial delegation included in this Instrument is subject to the Instrument of Financial Delegation approved by the NSW Attorney General. It provides delegations to incur, commit or sanction expenditure under Part 9 Division 9.2 of the Government Sector Finance Act 2018. Officers cannot exceed the monetary limits set out in the Attorney General’s Delegation.
References in this instrument to ‘determining officer’ or determination refer to the officer delegated to determine an application for legal aid under section 34 of the Act and Part 9 of the Instrument of Delegation.
Under s.69 (d), I delegate certain functions to private lawyers participating in the Duty Solicitor Scheme, and private lawyers who are principal solicitors or nominated associates of a law practice on the Legal Aid NSW Family Law Panel.
Under section 58(a) of the Act, the Legal Aid Review Panel (LARP) has the functions and discretions that the person or body whose determination, variation or decision is the subject of the appeal had in respect of the matter the subject of the appeal.
I have not delegated certain functions which are set out in Attachment A.
Rob Hoyles
Acting Chief Executive Officer
Legal Aid New South Wales
Dated: 1 February 2025
| Item | Delegated officer |
|---|---|
| Consenting to the provision of information or a document to a court or tribunal as provided under s 25(4)(I) | Legal Aid NSW officers who have management of a matter, or who are providing a Duty Service, are authorised to consent to the provision of information or a document to a court or tribunal as provided under s 25(4)(I) |
| Exception | |
| When legal aid has been wholly or partly refused under the Legal Aid NSW merit test. | In regional Local Court criminal matters, In all other circumstances, |
| Item | Delegated officer |
|---|---|
To consent to divulging information or a document to a person other than:
(not including matters under s 25(4)(k) or (l) subject to the provisions of ss 25 and 26). | Solicitor Grade VI Grants Principal Manager Grants Administration Manager, In-house Counsel Unit Deputy Director Criminal Law Deputy Director Civil Law Deputy Director Family Law Executive Director Client Services |
| Item | Delegated officer | |
|---|---|---|
| 3.1 | Exercising the functions of the CEO under ss 24 and 28, pursuant to an appointment made under s 23A, in relation to in-house legal matters. | Cherie Pittman |
| 3.2 | Signing documents for a party to the proceedings whereby that signature shall be deemed to be the signature of the solicitor for that party. | Solicitor with the carriage of an in-house matter as authorised by Cherie Pittman |
| Item | Delegated officer |
|---|---|
Authorising under s 30(2) and (4) funding for a specified purpose, including determining whether ss 34 (6)-(8), 41 and 47 are to apply to the provision of the grant of aid. The decision to administer a grant of aid as a section 30 grant can only be made by officers who have the relevant delegation under s 34. | Deputy Director Civil Law Deputy Director Criminal Law Deputy Director Family Law |
| Item | Delegated officer |
|---|---|
Exercising discretion to amend an application that is not in an approved manner and form to submit the application for a determination. Note: the power to approve variations to the approved form of applications is reserved by the CEO. | Solicitor Grade IV Principal Manager Grants Administration |
| Item | Limit | Delegated officer |
|---|---|---|
Exercising powers under s 33 (including payment of solicitor costs, counsel fees and disbursements). A s 33 authorisation can be made in a matter where an Officer is authorised to determine under s 34. * Officers cannot exceed the monetary limits set out in the Attorney General’s delegation under Part 9 Division 9.2 of the Government Sector Finance Act 2018. | Up to $3,000 | Grants Officer Grade 3-4 Advocate Clerk Grade 6-7 Solicitor Grade I-III |
| $4,000 | Grants Officer Grade 5-6 Solicitor Grade IV Grants Solicitor Grade IV Civil Law | |
| $4,500 | Solicitor Grade V Grants Deputy Director Criminal Law Deputy Director Civil Law Deputy Director Family Law |
| Item | Delegated Officer |
|---|---|
Determining applications for Early Resolution Assistance * Officers cannot exceed the monetary limits set out in the Attorney General’s delegation under Part 9 Division 9.2 of the Government Sector Finance Act 2018 | Grants Officer Grade 3-4 Solicitor Grade I-III |
| Item | Delegated officer | |
|---|---|---|
| 8.1 | Determining under s 34 an application for legal aid (including granting and refusing legal aid). * Officers cannot exceed the monetary limits set out in the Attorney General’s delegation under Part 9 Division 9.2 of the Government Sector Finance Act 2018. | Grants Officer Grade 3-4 Solicitor Grade I-III Principal Manager Grants Administration subject to the following exceptions |
| Exceptions | ||
| 8.2 | Redetermining a refusal or condition of a grant of legal aid under s 34. | The Determining Officer or a Grants Officer of the same or a higher grade with the authority to approve a grant to which the application refers. |
| 8.3 | Determining applications for legal aid for Extradition matters | This function has not been delegated. |
| 8.4 | Determining applications in relation to matters under Part 7 of the Crimes (Review and Appeal) Act 2007 (NSW). | This function has not been delegated. |
| 8.5 | Determining applications for legal aid, Early Resolution Assistance and Extended Legal Assistance by people employed at Legal Aid NSW. | Solicitor Grade VI Grants Principal Manager Grants Administration |
| 8.6 | Determining applications for legal aid, Early Resolution Assistance and Extended Legal Assistance when it is known that the applicant is a relative or partner or former partner of a person employed at Legal Aid NSW. | Solicitor Grade VI Grants Principal Manager Grants Administration |
| 8.7 | Determining applications for legal aid for public interest human rights matters (applications are tabled before the Human Rights Consultative Committee which makes recommendations). | Deputy Director Civil Law |
| 8.8 | Determining applications for duty matters. | In-house solicitor providing the duty service |
| 8.9 | Determining applications for legal aid by appellants in criminal appeal proceedings other than High Court and District Court | |
| 8.10 | Determining applications for legal aid by appellants in civil and family law appeal proceedings other than High Court appeals. | Grants Officer Grade 5-6 Solicitor Grade I-III Grants Solicitor Grade IV Family Law Solicitor Grade V Civil Law |
| 8.11 | Determining applications for legal aid for summons matters and other prerogative relief in the Supreme Court in criminal matters. | Solicitor Grade VI Associate Director Criminal Law |
| 8.12 | Determining applications for legal aid by appellants in criminal appeal proceedings before the High Court. | Solicitor Grade VI Grants Solicitor Grade VI Indictable Appeals |
| 8.13 | Determining applications for legal aid by appellants in Civil and Family appeal proceedings before the High Court. | Solicitor Grade VI Grants Deputy Director Civil Law Deputy Director Criminal Law Deputy Director Family Law |
| 8.14 | Determining applications for an originating process in the High Court. | Solicitor Grade VI Grants Deputy Director Civil Law Deputy Director Criminal Law Deputy Director Family Law |
| 8.15 | Determining applications for legal aid in employment law - public interest matters. | Solicitor Grade V Associate Director Civil Law |
| 8.16 | Determining applications in family law property settlement proceedings where there are exceptional circumstances. | Solicitor Grade VI Associate Director Family Law |
| 8.17 | Determining applications for Extended Legal Assistance or Early Resolution Assistance which fall outside the matters for which ELA or ERA is available and/or the applicant does not meet the applicant eligibility criteria. | Deputy Director Civil Law Solicitor Grade VI Grants |
| Authorisation | Amount | Delegated officer |
|---|---|---|
Commitment and payment of total accounts in excess of, or outside a standard combination of work items per grant of legal aid. Officers cannot exceed the monetary limits set out in the Attorney General’s delegation to staff under the Government Sector Finance Act 2018. | $3,000 | Grants Officer Grade 3-4 Advocate Clerk Grade 6-7 |
| $7,500 | Grants Officer Grade 5-6 | |
| $10,000 | Solicitor Grade I-III | |
| $15,000 | Solicitor Grade IV | |
| $25,000 | Solicitor Grade V | |
| $50,000 | Solicitor Grade VI | |
| $200,000 | Deputy Director Criminal Law Deputy Director Family Law Deputy Director Civil Law | |
| $1,000,000 | CEO |
| Item | Delegated officer | |
|---|---|---|
| 10.1 | Up to 3 days for reading and preparation time | Grants Officer Grade 3-4 |
| 10.2 | Up to 5 days for reading and preparation time | Grants Officer Grade 5-6 Solicitor Grade I-III |
| 10.3 | Up to 8 days for reading and preparation time | Solicitor Grade IV |
| 10.4 | Up to 10 days for reading and preparation time | Solicitor Grade V Grants |
| 10.5 | Up to 15 days for reading and preparation time | Solicitor Grade VI Grants |
Note: Please refer to the Chief Executive Officer if approval over 15 days is required.
| Item | Delegated officer |
|---|---|
Determining under s 34A that the grant of legal aid is to be dated on, or after, the date of the initial request for legal aid, being either
| Solicitor Grade V Grants Principal Manager Grants Administration |
| Item | Delegated officer |
|---|---|
| The discretion to authorise an emergency grant of legal aid before the legal aid applicant has completed Legal Aid NSW’s application form. | Grants Officer Grade 5-6 Solicitor Grade IV |
Item | Delegated officer | |
|---|---|---|
Implementing the Legal Aid NSW Means Test under s 35. | Grants Officer Grade 3-4 Solicitor Grade I-III Duty Solicitor | |
| subject to the following discretions | ||
| 13.1 | Exercising discretion under Means Test 9.1 to grant legal aid where an applicant’s net assessable income exceeds the maximum threshold by up to 10%. Officers must consider the factors set out in Means Test Guideline 1.1-3 when exercising this discretion. | Grants Officer Grade 3-4 Solicitor Grade I-III Duty Solicitor |
| 13.2 | Exercising discretion under Means Test 9.2 to grant legal aid where an applicant’s net assessable income exceeds the maximum threshold by over 10%. Officers must consider the factors set out in Means Test Guideline 1.1-3 when exercising this discretion. | Solicitor Grade IV Principal Manager Grants Administration |
| 13.3 | Exercising discretion under Means Test 9.3 to grant legal aid where an applicant’s initial contribution (on income and/or assets) exceeds the allowable amount for the type of matter. Officers must consider the factors set out in Means Test Guideline 1.1-4 when exercising this discretion. | Solicitor Grade V Grants Solicitor Grade VI Associate Director Principal Manager Grants Administration |
| 13.4 | Exercising discretion under Means Test 9.4 to disregard, for elderly applicants, the home equity in excess of the maximum ceiling to grant legal aid and calculate a contribution on assets. | Grants Officer Grade 3-4 Solicitor Grade I-III |
| 13.5 | Determining to refuse legal aid to applicants whose income and assets fall within the Means Test (the Lifestyle Test). Officers must consider the factors set out in Means Test Guideline 4 when exercising this discretion. | Solicitor Grade IV Principal Manager Grants Administration |
| 13.6 | Exercising discretion to not take a charge where Legal Aid NSW is satisfied there are exceptional circumstances. | Executive Director Criminal Law Executive Director Family Law Executive Director Civil Law |
| Item | Delegated officer |
|---|---|
Determining under s 35(1) that the Legal Aid NSW Means Test should not be applied because special circumstances exist, about the property or means of the applicant, or otherwise. Under s 35(3) special circumstances may include: (a) that the applicant is a party to proceedings as a member of an unincorporated association; or (b) the applicant is a party to
| Deputy Director Civil Law Deputy Director Criminal Law Deputy Director Family Law |
| Item | Delegated officer |
|---|---|
| Exercising the discretion, in special circumstances, to waive the requirement for verification of means. See Means Test 10.6 Verification. | Grants Officer Grade 3-4 Solicitor Grade I-III Duty Solicitor |
Item | Delegated officer | |
|---|---|---|
Authorising a contribution payable under s36(1)(a) of the Act and directing the manner of payment and the due date for payment of the contribution. Note: all decisions must be made in accordance with the Contributions Policy. | Grants Officer Grade 3-4 Solicitor Grade I-III | |
| 16.1 | Exercising the discretion in exceptional circumstances to reduce or waive the initial $75 contribution imposed, in accordance with Contributions guideline 2.1. | Grants Officer Grade 3-4 Solicitor Grade I-III |
| 16.2 | Determining to exclude assets set out in Contributions guideline 2.3 when determining eligibility under the Means Test and the initial contribution to be paid. Determining officers must consider the factors at Contributions policy 2.3 Where assets are earmarked for emergencies, when exercising this discretion. | Grants Officer Grade 3-4 Solicitor Grade I-III |
| 16.3 | Exercising the discretion to reduce or waive an Initial Contribution in exceptional circumstances. Determining officers must consider the factors at Contributions guideline 2.3 Assets based contribution and Contributions guideline 2.4 Income based contribution. | Solicitor Grade V Grants Solicitor Grade VI Associate Director Principal Manager Grants Administration |
Amount by which an officer can recommend or approve varying (increasing or reducing) or waiving a s 36 contribution Note: All decisions must be made in accordance with the Means Test or Contributions Policy | Delegated officer | |
|---|---|---|
| 17.1 | Minimum contribution $75 | Grants Officer Grade 3-4 Solicitor Grade I-III |
| 17.2 | Up to $5,000 | Solicitor Grade V Grants Solicitor Grade VI Associate Director Principal Manager Grants Administration |
| 17.3 | Up to $20,000 | Deputy Director Civil Law Deputy Director Criminal Law Deputy Director Family Law |
| 17.4 | Over $20,000 | CEO |
| Item | Delegated officer |
|---|---|
| Determining applications for legal aid from certain persons described in s 37(1). | Solicitor Grade I-III Grants Officer Grade 3-4 Subject to the following exception |
| Exception | |
| Determining applications for legal aid from a corporation (pursuant to s. 37(1)(b)) for a matter under the Crimes (Serious Crime Prevention Orders) Act 2016 (NSW). | Deputy Director Criminal Law |
| Item | Delegated officer |
|---|---|
Varying a grant of legal aid under s 38, including altering the nature and extent of grants and altering conditions. Note: Terminating grants of legal aid is excluded from this delegation. | An officer with the delegation under s 34 to approve the grant. |
| Item | Delegated officer |
|---|---|
| Terminating a grant of legal aid under s 38(1)(a). | Grants Officer Grade 5-6 Solicitor Grade I-III Grants Solicitor Grade IV |
| Item | Delegated officer | |
|---|---|---|
| 21.1 | Requiring a private legal practitioner acting for a legally assisted person to assess or tax costs under s 40. | Solicitor Grade I-III Grants |
| 21.2 | Giving approval under s 41 to a private legal practitioner to demand and receive payments from a legally assisted person, or any other person on behalf of a legally assisted person. | Solicitor Grade VI Grants Principal Manager Grants Administration |
| 21.3 | Determining whether an application is to be made to a Court or Tribunal for orders for the payment of costs by a legally assisted person under s 43. | Solicitor Grade VI Grants Deputy Director Civil Law Deputy Director Criminal Law Deputy Director Family Law |
| 21.4 | Deferring under s 43A(1)(a) the payment of costs to a private legal practitioner pending the recovery of party/party costs. | Solicitor Grade I-III Grants |
| 21.5 | Deferring under s 43A(1)(b) and (c) payment of costs to a private legal practitioner until the conclusion of any official investigation, or the completion of any criminal or disciplinary proceedings. | Solicitor Grade VI Grants Deputy Director Civil Law Deputy Director Criminal Law Deputy Director Family Law Director Legal Services |
| 21.6 | Refusing under s 43A(2) to make payment of any fees to a private legal practitioner if any allegation referred to in s 43A(1)(b) is substantiated in any criminal or disciplinary proceedings. | Solicitor Grade VI Grants Deputy Director Civil Law Deputy Director Criminal Law Deputy Director Family Law Director Legal Services |
| 21.7 | Approving an application under s 43B to a court/tribunal for an order that a panel practitioner repays money to Legal Aid NSW. | Solicitor Grade VI Grants Deputy Director Civil Law Deputy Director Criminal Law Deputy Director Family Law Director Legal Services |
| 21.8 | Directing under s 44 a legally assisted person to pay moneys to Legal Aid NSW and to account for those moneys. | Grants Officer Grade 5-6 Solicitor Grade IV Grants |
| 21.9 | Directing under s 45 a legally assisted person to assign his/her right to recover moneys and to recover moneys where the right to recover moneys has been assigned to Legal Aid NSW. | Solicitor Grade I-III Senior Solicitor, Debt Recovery and Caveats, Inhouse Counsel Unit |
| Determining under s 46 the liability of a legally assisted person to pay costs and disbursements and directing the due date for payment of the contribution and the amount by which an officer can approving reducing or waiving a s46 contribution in accordance with the Contributions Policy | Delegated officer | ||
|---|---|---|---|
| 22.1 | Where the Contributions Policy of Legal Aid NSW is being implemented. | Solicitor Grade I-III | |
| 22.2 | When applying the Contributions Policy it is considered appropriate, in exceptional circumstances, to determine to reduce the contribution to legal costs under s 46 of the Act (final contribution) by: | Up to $20,000 | Deputy Director Civil Law Deputy Director Criminal Law Deputy Director Family Law |
| Over $20,000 | CEO | ||
Item | Delegated officer | |
|---|---|---|
Recommending and authorising payment by Legal Aid NSW under s 47 of costs awarded against legally assisted persons (including the determination as to whether party/party costs are reasonable). | Solicitor Grade I-III Grants subject to the following exception | |
| Exception | ||
| 23.1 | Determining what costs, if any, are to be paid in matters covered by s 47(4) or (4A). | Solicitor Grade VI Grants Deputy Director Civil Law Deputy Director Criminal Law Deputy Director Family Law |
| Item | Delegated officer | |
|---|---|---|
| 24.1 | Appointment of, or refusal to appoint, a law practice to a panel following assessment and recommendation by the Private Lawyer Quality Standards Unit. | Director Legal Services |
| 24.2 | Appointment of a law practice to a panel following assessment and recommendation by the Private Lawyer Quality Standards Unit. | Solicitor-in-Charge, Private Lawyer Quality Standards Unit |
| Item | Delegated officer |
|---|---|
Endorsing service agreements between panel legal practitioners and Legal Aid NSW. | Director Legal Services |
| Item | Delegated officer | |
|---|---|---|
| 26.1 | Authority to remove a law practice from a panel or deem an associate ineligible to undertake legal aid work following assessment and recommendation by the Private Lawyer Quality Standards Unit. | Director Legal Services |
| 26.2 | Authority to cease to allocate work and/or remove existing work from a law practice while investigating a potential breach of the Legal Aid NSW Service Agreement. | Solicitor-in-Charge, Private Lawyer Quality Standards Unit |
| Item | Delegated officer |
|---|---|
Assigning a matter to a practitioner who is not:
| Solicitor Grade VI Principal Manager Grants Administration |
| Item | Delegated officer |
|---|---|
Signing Caveats and Withdrawals of Caveats on behalf of Legal Aid NSW. | Senior Solicitor, Debt Recovery and Caveats, Inhouse Counsel Unit |
| Item | Delegated officer |
|---|---|
Consenting to priority over Legal Aid NSW’s caveatable interest over real property. | Senior Solicitor, Debt Recovery and Caveats, Inhouse Counsel Unit |
| Item | Delegated officer | |
|---|---|---|
| 30.1 | The management of recovery action for debts owed to Legal Aid NSW including but not limited to:
| Senior Solicitor, Debt Recovery and Caveats, Inhouse Counsel Unit |
| 30.2 | Signing legal documents on behalf of the Solicitor to Legal Aid NSW for matters to which Legal Aid NSW is a party. | Senior Solicitor, Debt Recovery and Caveats, Inhouse Counsel Unit |
| Item | Delegated officer | ||
|---|---|---|---|
| 31.1 | Discretion to enter into a negotiated settlement on behalf of Legal Aid NSW with respect to a debt owed to Legal Aid NSW by a client limited to negotiating settlement during representation in a court. In negotiating a settlement in which an agreement is reached to reduce the amount the client will pay to Legal Aid NSW in full and final settlement of the debt, the officer must have regard to any relevant Treasurer’s Directions issued under Part 9 Division 9.2 of the Government Sector Finance Act 2018 (NSW). | Senior Solicitor, Debt Recovery and Caveats, Inhouse Counsel Unit | |
| 31.2 | Discretion to enter into a negotiated settlement on behalf of Legal Aid NSW with respect to a debt owed to it by a client. In negotiating a settlement in which an agreement is reached to reduce the amount the client will pay to Legal Aid NSW in full and final settlement of the debt, the officer must have regard to any relevant Treasurer’s Directions issued under Part 9 Division 9.2 of the Government Sector Finance Act 2018 (NSW). | Up to $75,000 | Director Finance |
| Item | Delegated officer |
|---|---|
| Exercising a lien by Legal Aid NSW under s 48 on documents held for proceedings which are the subject of an inhouse grant of legal aid. | Solicitor Grade I–III subject to the following exception |
| Exception | |
Deciding whether a lien is to be exercised by Legal Aid NSW under s 48 on documents held for proceedings in an in-house matter where there has been a refusal by Legal Aid NSW to release papers after negotiations and an agreement cannot be reached. | Solicitor Grade VI Associate Director |
| Item | Delegated officer |
|---|---|
Administering a Trust Account established under s 64A and holding all monies received for or on behalf of any legally assisted person in the Account. | Cherie Pittman, Director Legal Services |
| Item | Delegated officer | |
|---|---|---|
| 34.1 | Authority for private practitioners rostered on to a Duty Solicitor Scheme to
| Private practitioners approved by the Director Legal Services |
| 34.2 | Authority for private lawyers to determine applications under s 34 of the Legal Aid Commission Act 1979 (NSW) for the following matters:
To exercise the discretion to waive the verification of means in special circumstances. | Private lawyers who are Principal Solicitors or Nominated Associates of a law practice on the Legal Aid NSW Family Law Panel |
| 34.3 | Authority for private lawyers to determine applications for Early Resolution Assistance in Family Law Early Intervention Mediations. | Private lawyers who are Principal Solicitors or Nominated Associates of a law practice on the Legal Aid NSW Family Law Panel |
| Item | Delegated officer |
|---|---|
Approving payments for expert evidence or reports in excess of, or outside, the fee scale * Officers cannot exceed the monetary limits set out in the Attorney General’s delegation to staff under the Government Sector Finance Act 2018 | Solicitor Grade VI Grants Associate Director |
The Chief Executive Officer retains the following functions under the Act:
| Decisions under s 34 | Determination of applications for aid for proceedings under the Extradition Act 1988 (Cth), and for matters under Part 7 of the Crimes (Appeal and Review) Act 2001 (NSW).
|
|---|---|
| Determination of applications for legal aid for matters which fall outside the types of matters for which legal aid is available under the Legal Aid NSW policies. | |
| Prosecutions under ss 26 and 32 | Decision to prosecute under ss 26 and 32 of the Legal Aid Commission Act 1979 (NSW).
|
| Other functions | Any other function that is not specifically delegated in writing. |