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

Associate Director Criminal Law

Deputy Director Criminal Law

Executive Director Family Law

Deputy Director Family Law

Associate Director Family Law

Executive Director Civil Law

Deputy Director Civil Law

Associate Director Civil Law

Director Grants

Director Finance

Director Legal Services

Director Your Story Disability Legal Service

Director Defence and Veterans Legal Service

Grants Officer, Clerk Grade 3-4

Solicitor Advocate

Solicitor

Solicitor-in-Charge, Regional Office

Manager Inhouse Counsel Unit

Senior Solicitor, Debt Recovery and Caveats, Inhouse Counsel Unit

Advocate Clerk Grade 6-7,

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 solicitors 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.

Reference to a ‘certifying officer’ or certification refers to an officer delegated to make recommendations to a determining officer, whether or not a section 33 authorisation or grant of legal aid, should be made in respect of an application for legal aid in an in-house matter.

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 Committee (LARC) 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.

Monique Hitter
Chief Executive Officer
Legal Aid New South Wales

 

 

Date last published: 16 May 2024

ItemDelegated 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, 
Solicitor Grade I-III
In all other circumstances,
Solicitor Grade V

 

ItemDelegated Officer

To consent to divulging information or a document to a person other than:

  • an applicant for legal aid; or
  • a legally assisted person.

(not including matters under s 25(4)(k) or (l)
subject to the provisions of ss 25 and 26.)

Manager, In-house Counsel Unit

Grade VI Solicitor Grants

Deputy Director Criminal Law

Deputy Director Civil Law

Deputy Director Family Law

Executive Director Client Services

Director Your Story Disability Legal Service  

Director Defence and Veterans Legal Service

 

 ItemDelegated 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

 

ItemDelegated Officer
CertificationDetermination

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.

* 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.

Executive Director Criminal Law

Executive Director Family Law

Executive Director Civil Law

Director Grants 

ItemDelegated Officer
CertificationDetermination

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

Solicitor Grade IV Grants

ItemLimitDelegated Officer
CertificationDetermination

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 $3000

Solicitor Grade I-III

Advocate Clerk Grade 6-7

Grants Officer Grade 3-4

Solicitor Grade I-III Grants

$4000Solicitor Grade IV Civil Law

Grants Officer Grade 5-6

Solicitor Grade IV Grants

$4500

Solicitor Grade V Civil Law

Solicitor Grade V Grants

$4500Executive Director Criminal Law
Executive Director Civil Law
Executive Director Family Law

Director Grants

 

ItemLimit per disbursement (not including counsel’s fees)Certifying OfficerDetermining Officer

Recommending to a determining officer that a disbursement (not including counsel’s fees) be incurred.

$500

Maximum limit per matter $1500

Legal Support OfficerGrants Officer Grade 3-4

Solicitor Grade I-III Grants

ItemDelegated 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

 ItemDelegated Officer
9.1

Determining under s 34 an application for legal aid (including granting and refusing legal aid).

Approving an application for legal aid that has been certified by an in-house officer, holding an appropriate authority, as meeting the Merit Test and the policies, and where the Means Test is satisfied.

* 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.

Director Grants

Determining Officer Grants Division

subject to the following exceptions

 Exceptions 
9.2Redetermining 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.
9.3Determining applications for legal aid for Extradition mattersThis function has not been delegated.
9.4Determining applications in relation to matters under Part 7 of the Crimes (Review and Appeal) Act 2007 (NSW).This function has not been delegated.
9.5Determining applications for legal aid, Early Resolution Assistance and Extended Legal Assistance by people employed at Legal Aid NSW.Director Grants
9.6Determining 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.Director Grants
 CertificationDetermination
9.7

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

Director Grants
9.8Determining applications for duty matters.

In-house solicitor providing the duty service
9.9

Determining applications for legal aid by appellants seeking a severity appeal in criminal proceedings to the District Court.

Solicitor Grade I-III

Grants Officer Grade 3-4

Solicitor Grade I -III Grants

9.10

Determining applications for legal aid by appellants seeking an all grounds appeal in criminal proceedings to the District Court.

Solicitor Grade I-III

Grants Officer Grade 3-4

Solicitor Grade I -III Grants

9.11

Determining applications for legal aid by appellants in appeal proceedings other than High Court (excluding clauses 9.9 and 9.10).

Solicitor Grade I-III Criminal Law

Solicitor Grade IV Family Law

Solicitor Grade V Civil Law

Grants Officer Grade 5-6

Solicitor Grade I-III Grants

9.12

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

Solicitor Grade V Grants

9.13Determining applications for legal aid by appellants in criminal appeal proceedings before the High Court.

Executive Director Criminal Law

Director Grants
9.14

Determining applications for legal aid by appellants in appeal proceedings before the High Court, other than criminal proceedings.

Executive Director Family Law

Executive Director Civil Law

Executive Director Criminal Law

Solicitor Grade VI Grants
9.15Determining applications for an originating process in the High Court.

Executive Director Criminal Law

Executive Director Family Law

Executive Director Civil Law

Director Grants
9.16Determining applications for legal aid in employment law - public interest matters.

Solicitor Grade V

Associate Director Civil Law

Solicitor Grade V Grants
9.17Determining applications in family law property settlement proceedings where there are exceptional circumstances

Solicitor Grade VI

Associate Director Family Law

Solicitor Grade VI Grants
9.18

Determining 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.

OR

Determining applications for legal aid for Commonwealth law matters which are not included in the Commonwealth Priorities.

Note: where legal aid may be granted, it should be done following consultation with the CEO.

Executive Director Criminal Law

Executive Director Family Law

Executive Director Civil Law

Director Grants

9.19Determining 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 Criminal Law

Deputy Director Family Law

Deputy Director Civil Law

Director Grants

 

AuthorisationAmountCertifying officerDelegated 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

Advocate Clerk Grade 6-7

Grants Officer Grade 3-4

$7,500

 

Grants Officer Grade 5-6

$10,000

Solicitor Grade I-III

Solicitor Grade I-III Grants

$15,000

Solicitor Grade IV

Solicitor Grade IV Grants

$25,000

Solicitor Grade V

Solicitor Grade V Grants

$50,000

Solicitor Grade VI

Solicitor Grade VI Grants

$200,000

Deputy Director Criminal Law
Executive Director Family Law
Executive Director Civil Law

Director Grants

$1,000,000

Director Grants

Director Grants

 

ItemDelegated Officer
CertificationDetermination

11.1

Up to 4 days for reading and preparation time

Solicitor Grade I-III

Grants Officer Grade 3-4

Solicitor Grade I-III Grants

11.2

Up to 5 days for reading and preparation time

Solicitor Grade IV

Solicitor Grade IV Grants

11.3

Up to 8 days for reading and preparation time

Solicitor in Charge, Regional Office
Solicitor Grade V

Solicitor Grade V Grants

11.4

Up to 10 days for reading and preparation time

Solicitor Grade VI

Solicitor Grade VI Grants

11.5

Up to 15 days for reading and preparation time

Deputy Director Criminal Law

Director Grants

Note: Please refer to the Chief Executive Officer if approval over 15 days is required.

ItemDelegated 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

  • the request for an emergency grant of legal aid; or
  • the date of the receipt of the legal aid application.

Solicitor Grade V Grants

ItemDelegated Officer
CertificationDetermination

The discretion to authorise an emergency grant of legal aid before the legal aid applicant has completed Legal Aid NSW’s application form.

Solicitor Grade IV

Grants Officer Grade 5-6

Solicitor Grade IV Grants

ItemDelegated
CertificationDetermination
Implementing the Legal Aid NSW Means Test under s 35.Duty Solicitor
In-house solicitor with the carriage of the matterDetermining Officer
subject to the following discretions
14.1

Exercising discretion in applying the Means Test to grant legal aid when, after calculating the income, the net assessable income of the applicant exceeds the current maximum threshold by up to 10%.

Officers must consider the factors set out in the Means Test 1.4.9.1 Discretion when exercising this discretion.

Duty solicitor
In-house solicitor with the carriage of the matterDetermining Officer
14.2

Exercising discretion in applying the Means Test to grant legal aid to applicants whose net assessable income exceeds the current maximum threshold by over 10%.

Officers must take into account the factors set out in the Means Test 1.4.9.2 Discretion when exercising this discretion.

Solicitor Grade IVSolicitor Grade IV Grants
14.3

Exercising discretion in applying the Means Test, to grant legal aid to applicants who do not meet the Means Test because their calculated initial contribution (on income and/or assets) exceeds the allowable amount for the type of matter.

Officers must consider the factors set out in the Means Test 1.4.9.3 Discretion when exercising this discretion.

See Means Test Guideline 1.5 for the allowable amount for each type of matter.

Solicitor Grade VI     

Associate Director  

Solicitor Grade V Grants
14.4

Exercising discretion in applying the Means Test to disregard, for elderly applicants, the home equity in excess of the maximum ceiling to grant legal aid and calculate a contribution on assets.

See Means Test 1.4.9.4 Discretion when exercising this discretion.

Solicitor Grade IV

Grants Officer Grade 5-6

 

Solicitor Grade I-III Grants

14.5Determining 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 1.4 when exercising this discretion.
Solicitor Grade IVSolicitor Grade IV Grants

 

ItemDelegated Officer
CertificationDetermination

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

  • proceedings relating to environmental matters
  • a relator suit, or
  • a test case.

Deputy Director Criminal Law
Deputy Director Family Law
Deputy Director Civil Law

Director Grants

 

ItemDelegated Officer
CertificationDetermination

Exercising the discretion, in special circumstances, to waive the requirement for verification of means.

See Means Test 1.4.10 Discretion.

Duty Solicitor

In-house solicitor with carriage of the matter

Determining Officer

ItemDelegated Officer
CertificationDetermination

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.

In-house solicitor with the carriage of the matter

Determining Officer

17.1

Exercising the discretion in exceptional circumstances to reduce or waive the initial $75 contribution imposed, in accordance with Contributions guideline 6.2.1.

In-house solicitor with the carriage of the matter

Determining Officer

17.2

Determining to exclude assets set out in Contributions guideline 6.2.3 when determining eligibility under the Means Test and the initial contribution to be paid.

Determining officers must consider the factors at Contributions policy 6.2.3 Where assets are earmarked for emergencies, when exercising this discretion.

In-house solicitor with carriage of the matter

Determining officer

17.3

Exercising the discretion to reduce or waive an Initial Contribution in exceptional circumstances.

Determining officers must consider the factors at Contributions guideline 6.2.3 Assets based contribution and Contributions guideline 6.2.4 Income based contribution

Solicitor Grade VI   

Associate Director

Solicitor Grade V Grants

 

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
Certification

 

Determination

 

18.1

Minimum contribution $75

Solicitor Grade I-III

Grants Officer Grade 3-4 
Solicitor Grade I-III Grants

18.2

Up to $5,000

Solicitor Grade VI

Associate Director

Solicitor Grade V Grants

18.3

Up to $20,000

Deputy Director Criminal Law
Deputy Director Family Law
Deputy Director Civil Law

Director Grants

18.4

Over $20,000

CEO

Director Grants

 

ItemDelegated Officer

Determining applications for legal aid from certain persons described in s 37(1).

Determining Officer

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).

Director Grants

ItemDelegated 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.

ItemDelegated Officer
CertificationDetermination

Terminating a grant of legal aid under s 38(1)(a).

Solicitor Grade IV

Grants Officer Grade 5-6 
Solicitor Grade I-III Grants

ItemDelegated Officer

22.1

Requiring a private legal practitioner acting for a legally assisted person to assess or tax costs under s 40.

Grants Officer Grade 5-6 
Solicitor Grade I-III Grants

22.2

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.

Director Grants

22.3

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.

Director Grants
Deputy Director Criminal Law
Deputy Director Civil Law
Deputy Director Family Law

22.4

Deferring under s 43A(1)(a) the payment of costs to a private legal practitioner pending the recovery of party/party costs.

Grants Officer Grade 5-6

Solicitor Grade I-III Grants

22.5

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.

Director Grants

22.6

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.

Director Grants

22.7

Approving an application under s 43B to a court/tribunal for an order that a panel practitioner repays money to Legal Aid NSW.

Director Grants

22.8

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

22.9

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.

In-house solicitor with carriage of the matter
Grants Officer Grade 3-4
Solicitor Grade I-III Grants
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.Delegated Officer
Certification

 

Determination

 

23.1

Where the Contributions Policy of Legal Aid NSW is being implemented.

In-house solicitor with carriage of the matter

Determining Officer

23.2

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)

Deputy Director Criminal Law
Deputy Director Family Law
Deputy Director Civil Law
 

Director Grants

 

The amount by which an officer can recommend or approve reducing or waiving a s.46 contribution

Note: All decisions must be made in accordance with the Contributions Policy

Delegated Officer
CertificationDetermination

24.1

Up to $20,000

Deputy Director Criminal Law
Deputy Director Civil Law
Deputy Director Family Law

Solicitor Grade VI Grants

24.2

Over $20,000

CEO

Director Grants

 

Item

Delegated Officer
CertificationDetermination

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).

Advocate Clerk Grade 6-7
Solicitor Grade I –III, Civil Law
Solicitor Grade IV, Criminal Law
Solicitor Grade VI, Family Law

Grants Officer Grade 5-6 

Solicitor Grade I-III Grants

Exceptions

25.1

Determining what costs, if any, are to be paid in matters covered by s 47(4) or (4A).

Deputy Director Criminal Law
Deputy Director Family Law
Deputy Director Civil Law

Director Grants

 

 

ItemDelegated Officer

26.1

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

26.2

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

ItemDelegated Officer

Endorsing service agreements between panel legal practitioners and Legal Aid NSW.

Director Grants

ItemDelegated Officer
Authority to suspend or remove a lawyer from a panel following assessment and recommendation by the Private Lawyer Quality Standards Unit
Director Legal Services

ItemDelegated Officer
Certification Determination

Assigning a matter to a practitioner who is not:

  • on a panel, or
  • a panel practitioner to which the matter would normally be assigned under the Grants Allocation Guidelines

Solicitor Grade IV Family Law

Solicitor Grade IV Civil Law

Solicitor Grade V Criminal Law

Solicitor Grade VI Grants

ItemDelegated Officer
Signing Caveats and Withdrawals of Caveats on behalf of Legal Aid NSW.Senior Solicitor, Debt Recovery and Caveats, Inhouse Counsel Unit

 

ItemDelegated Officer
Consenting to priority over Legal Aid NSW’s caveatable interest over real property.Senior Solicitor, Debt Recovery and Caveats, Inhouse Counsel Unit

 

ItemDelegated Officer

32.1

The management of recovery action for debts owed to Legal Aid NSW including but not limited to:

  • issuing of a bankruptcy Notice or subsequent bankruptcy proceedings
  • issuing a Statement of Claim
  • the enforcement of a writ on real property
  • undertaking an Examination Summons, and
  • seeking a Garnishee Order.

Senior Solicitor, Debt Recovery and Caveats, Inhouse Counsel Unit

32.2

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

 

ItemDelegated Officer

33.1

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

33.2

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

 

ItemDelegated 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.
Director Grants
Associate Director

 

ItemDelegated 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.Robert Hoyles, Executive Director Criminal Law

 

ItemDelegated Officer

36.1

Authority for private practitioners rostered on to a Duty Solicitor Scheme to
  • make determinations of applications for legal aid to provide a legal service under the Duty Solicitor Scheme, and
  • exercise the discretion in relation to means when providing that service, and
  • exercise the discretion to waive the verification of means in special circumstances.
Private practitioners approved by the Director Grants

36.2

Authority for private lawyers to determine applications under s 34 of the Legal Aid Commission Act 1979 (NSW) for the following matters:
  • Determine applications for legal aid in family law parenting matters
  • Determine applications for legal aid in family law property settlement matters
  • Determine applications for legal aid in Divorce 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

36.3Authority 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

ItemDelegated Officer
Approving payments for expert evidence or reports in excess of, or outside, the fee scaleCertificationDetermination

Associate Director

Deputy Director

Solicitor Grade VI Grants

 

The Chief Executive Officer retains the following functions under the Act:

  1. 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 (Review and Appeal) Act 2007 (NSW)
  2. Prosecutions under ss 26 and 32
    Decision to prosecute under ss 26 and 32 of the Legal Aid Commission Act 1979 (NSW).
  3. Other functions
    Any other function that is not specifically delegated in writing.