11. Special types of applicants

11.1 - Children

The assessable income of a child applicant is:

  • the income of that child where that child supports himself/herself from that income,
  • any government benefit received by that child in his/her own right, and
  • the income of the parents/guardians who support the child unless
  • the parents/guardians have a contrary interest in the matter,
  • disclosure of the matter to the parents/guardians would damage the relationship, or
  • the parents/guardians are genuinely unwilling or unable to assist the child in the matter.

The assessable assets of a child applicant are:

  • the assets of that child where that child supports himself/herself from an income and/or government benefit  received by that child in his/her own right, and
  • the assets of the parents/guardians who support the child unless
  • the parents/guardians have a contrary interest in the matter,
  • disclosure of the matter to the parents/guardians would damage the relationship, or
  • the parents/guardians are genuinely unwilling or unable to assist the child in the matter.

11.2 - Corporations

Where the applicant is a corporation, the Means Test is applied to the income and assets of:

  • the corporation, and
  • any person whose interest it is considered will be directly and beneficially affected if legal aid is granted to the applicant.

11.3 - Members of unincorporated associations

Where the applicant is a member of an unincorporated association, the Means Test is applied to the income and assets of:

  • the association, and
  • any member of the association whose interests it is considered will be directly and beneficially affected if legal aid is granted to the applicant.

11.4 - Groups

Where the applicant is seeking legal aid on behalf of a group the means to be considered are the means of the applicant and the group.

When applying the Means Test to a group the following must be considered:

  • the financial support that would be available from those members of the community who would be likely to support the aims of the group in the matter for which assistance is sought,
  • the group's ability to afford the cost of the legal proceedings,
  • the applicant's assets, and
  • the general assets of the group.

Note: where the applicant is a representative of an Aboriginal and Torres Strait Islander wider family or community group, and has been given leave to be heard under s 87 of the Children and Young Persons (Care and Protection) Act 1998 (NSW), only the means of the applicant should be taken into account when assessing eligibility under the Means Test.

11.5 - Applicants in Family Provision Act proceedings

Where the applicant is applying for legal aid for proceedings under the Family Provision Act 1982 (NSW), the Means Test is applied to the income and assets of:

  • the applicant, and
  • any other persons whose interest it is considered will be beneficially affected if legal aid is granted to the applicant.