7. Means Test determines initial contribution

7.1  Initial contribution under s46(1)(a)

The Means Test is used to assess contributions under s 36(1)(a) of the Legal Aid Commission Act 1979.

7.2  When contributions are levied

Initial contributions under s 36(1)(a) of the Legal Aid Commission Act 1979 are levied, in accordance with the Means Test, in all matters except for the matters listed in Means Test 7.6 Matters exempt from initial contributions.

7.3  Income contribution

An income contribution is payable based on the applicant's net assessable income. The amount of contribution is set out in the following tables.

Table a. For all matters in which a contribution is payable, except Local Court criminal matters

(For Local Court criminal matters where a contribution is payable, see Table b).

Net Assessable IncomeContribution
Maximum rate Centrelink recipient (see Means Test 4.7 )$75
$0 - $213$75
$214 - $234$150
$235 - $255$225
$256 - $276$300
$277 - $307$375
$308 - $338$450
$339 - $369$565
$370 - $396$720
$397 - $423$915

$424 - $450

$1,150

Legal aid will only be available in exceptional circumstances where the net assessable income exceeds $450. For these matters, the contributions are stated below.

Net Assessable IncomeContribution
$451 - $471$1,425
$472 - $492$1,740
$493 - $513$2,095
$514 - $534$2,490
$535 - $550$2,925, plus $300 for every $10 of net assessable income in excess of $500.

Table b. For Local Court criminal matters in which a contribution is payable.

Net Assessable IncomeContribution
Maximum rate Centrelink recipient (see Means Test 4.1)$75
$0 - $450$75

Legal aid will only be available in exceptional circumstances where the net assessable income exceeds $450. For these matters, the contributions are stated below.

Net Assessable IncomeContribution
$451-$492$150
$493 - $534$225
$535 - $550
$225, plus $50 for every $10 of net assessable income in excess of $500.

7.4  Assets contribution

An assets contribution is payable based on the applicant's net assessable assets. Net assessable assets are the applicant's gross assessable assets less excluded assets (see Means Test 5.5: Excluded assets). 

Assets contributions for most matters are calculated in accordance with the formula in the following table. The actual contributions payable are set out in Means Test 12.1: Contributions on net assessable assets.

 A modified contribution scale applies in Local Court criminal matters where a plea of not guilty has been entered or requiring expenditure. It is set out in Means Test 12.2: Local Court criminal matters (except committals) only.

Net Assessable Assets Contribution
up to $100nil
$101 - $500$100
$501 - $3000
$100 plus 65% of assets within this range
$3000+$1725 plus 100% of assets over $3000

7.5  Total contribution

The following table sets out how the total contribution amount is calculated.

Total contribution 
Income contribution plus assets contributionThe total contribution to be levied under the Means Test is the sum of the income contribution and the assets contribution.
Ineligible for aid if total contribution exceeds allowable amount (Means Test guideline 5)

If the total contribution exceeds the allowable amount for the type of matter, the applicant does not satisfy the Means Test.

Discretion may be exercised to grant legal aid to an applicant who does not satisfy the Means Test (see Means Test Discretion 9.3).

7.6   Matters exempt from initial contributions

Initial contributions under s36(1)(a) of the Legal Aid Commission Act 1979 are not payable:

Criminal

  • Local Court Duty matters;
  • the protected person in apprehended domestic violence order proceedings;
  • representation provided by the Prisoners' Legal Service.

Family

  • proceedings under the Children and Young Persons (Care and Protection) Act 1998 (NSW);
  • child support matters;
  • Family Dispute Resolution conferences.

Civil

  • persons the subject of the proceedings in Mental Health Advocacy Service matters;
  • coronial inquest matters.