10.1. Verification of means required to satisfy the Means Test
Verification of means is required to satisfy the Means Test
An applicant’s means must be verified in accordance with the verification policy to satisfy the Means Test.
The applicant must provide documents and/or consent to Legal Aid NSW for the purpose of verifying the means information, including the means of any Financially Associated Person, disclosed in the application for legal aid.
The standard requirement to verify means is set out at 10.2 What is required for verification?.
There are distinct requirements to verify means, where additional criteria is met, for:
- recipients of a Centrelink income support payment (max rate) and disclose less than $1500 cash savings in the bank
- Local Court crime duty service
- Applicants in custody
See Means Test 1.4.2 and Means Test guideline 1.2 for details on Financially Associated Persons.
Result of non-compliance
Where an applicant does not provide Legal Aid NSW with evidence of means in accordance with this policy (1.4.10), the applicant will not satisfy the Means Test and the application for legal aid will be refused.
Verification not required to refuse applications
Legal Aid NSW is not required to verify an applicant’s means where it is apparent from the information provided in the legal aid application that it will be refused (whether on means, merit or type of matter).
If this refusal subsequently becomes the subject of an appeal to the Legal Aid Review Committee, verification of the applicant’s means may be required.
NOTE: There is no right of appeal to the Legal Aid Review Committee for applications refused on means for Local Court criminal proceedings.
10.2. What is required for verification?
The applicant must provide Legal Aid NSW with the following documents and/or consent to verify means as disclosed in the application for legal aid.
10.2.1 Income
| Source of income | Verification documents |
|---|---|
| Centrelink |
|
| Salary/wages |
|
| Self-employment |
|
Other income compensation payments, superannuation, debentures, etc. |
|
| Type of asset | Verification documents |
|---|---|
Cash assets
| Statements from all accounts x 3 months Other documents may be requested when the officer determining the application considers it appropriate. |
| Real estate | No verification required Note: property title search may be undertaken |
| Motor vehicle | No verification required |
| Business equity | No verification required Note: company search may be undertaken |
Other assets shares, managed funds, investments, debentures, crypto assets (including cryptocurrency) | Statements from all accounts x 3 months Other documents may be requested when the officer determining the application considers it appropriate. |
Emergency grants
Legal Aid NSW must verify means in accordance with this policy (XXXX. ) within 14 days of an emergency grant being made. See Policy 6.1.3 Emergency Grants.
10.3. Local Court Crime duty service
For Local Court summary crime matters dealt with as a duty service, the requirement to verify means will be satisfied where Legal Aid NSW sights documents that confirm the applicant’s income.
| Source of income | Verification documents to be sighted |
|---|---|
| Centrelink |
|
| Wages/salary |
|
| Self-employed |
|
| Assets | No verification required |
Where a duty matter progresses to a grant of legal aid
Where a duty matter progresses to a grant of legal aid, the applicant must provide Legal Aid NSW with hard-copy documents to verify means in accordance with 10.2 What is required for verification? or 10.2 Centrelink recipients (max rate) with <$1500 cash. Verification documents must be kept on file.
10.4 Centrelink recipients (max rate) with <$1500 cash
Legal Aid NSW has a streamlined verification requirement for applicants in receipt of a Centrelink income support payment at the maximum rate and minimal assets.
| Condition | Verification | |
|---|---|---|
| 10.4 | The applicant for legal aid (and any FAP):
| The requirement to verify means will be satisfied with confirmation of the applicant's Centrelink income only. Legal Aid NSW can verify Centrelink income where the applicant provides
|
Where an applicant’s Centrelink income support payment at the maximum rate is confirmed, no further evidence of means (such as bank statements or evidence of FAP’s income) is required.
Where an applicant does not receive a Centrelink income support payment at the maximum rate, the applicant's other income and assets must be verified in accordance with 10.2 What is required for verification?
10.5 Applicants in custody with criminal law matters
Where an applicant for legal aid is in custody and the application relates to a criminal law matter, the requirement to verify means is satisfied as follows:
| Conditions | Verification | ||
|---|---|---|---|
| 10.5.1 | Summary crime (excluding committals) | Where the applicant is in custody with a summary crime matter, and
| No verification required |
| 10.5.2 | Indictable | Where the applicant is in custody with an indictable matter, and
the certifying practitioner is satisfied that the applicant is a person who has substantial difficulty producing verification documents,
AND does not have a trusted person that can gather verification documents on their behalf. | Where the practitioner submitting the application certifies the conditions at Verification of Means 10.5.2 are met, no further verification is required. |
All other applicants in custody
Where an applicant is in custody and does not meet the criteria above, the applicant's means must be verified in accordance with 10.2 What is required for verification?
10.6. Discretion to waive verification
There is a discretion to waive the requirement to verify an applicant’s means in “special circumstances” where Legal Aid NSW is satisfied that the applicant is otherwise eligible under the Means Test and cannot verify means
See Means Test Guideline XX for guidance on what amounts “special circumstances”
Delegation: Grade V solicitor
Special Circumstances
Legal Aid NSW may consider there are special circumstances to waive the requirement to verify means where:
- the applicant has no access or control over their finances as a result of Domestic or Family Violence, or
- means cannot be verified because the applicant is transitioning to or between Centrelink income support payments.
Note: being in custody in and of itself is not a special circumstance.
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