Family - Extended Legal Assistance (ELA)

1. Adoption

Extended Legal Assistance is available to assist with the early stages of adoption.

To be eligible for Extended Legal Assistance the applicant must satisfy:

• ELA Means Test,
• The Vulnerable Person Test, (Family ELA guideline 1.1) and
• Have a sufficient interest in the welfare of the child (Family ELA guideline 2.1). 

2. Child support

Extended Legal Assistance is available to assist with child support disputes.

To be eligible for Extended Legal Assistance the applicant must satisfy:

• The Vulnerable Person Test, (Family ELA guideline 1.2).

3. Care and protection

Extended Legal Assistance is available to assist with care and protection early intervention processes.

To be eligible for Extended Legal Assistance the applicant must satisfy:

• The Vulnerable Person Test, (Family ELA guideline 1.3), and
• Have a sufficient interest in the welfare of the child (Family ELA guideline 2.2).

4. Family Law disputes

Extended Legal Assistance is available to assist with family law disputes where there are no court proceedings on foot.

To be eligible for Extended Legal Assistance the applicant must satisfy:

• ELA Means Test,
• The Vulnerable Person Test, (Family ELA guideline 1.4). 

Extended Legal Assistance is available for applicants who are determined to have complex needs.

Legal Aid NSW will be satisfied the applicant has complex needs where:

• The client is a client of the Domestic Violence Unit or the Family Law Service for Aboriginal Communities (FamAC), and
• Legal Aid NSW has determined that the client has complex needs having regard to:
  • whether they are experiencing or at risk of domestic and family violence,
  • whether they are Aboriginal or Torres Strait Islander,
  • whether they are homeless or at risk of homelessness,
  • whether they are pregnant or have more than one child under 5 years,
  • whether they are a child,
  • whether they are at risk of having their child removed and taken into care,
  • whether they present with cultural issues that impact on their legal problem and language difficulties which make them vulnerable,
  • any uncertain immigration status,
  • any mental health problems, cognitive impairment or substance abuse issues,
  • any history of being in out-of-home care,
  • whether they have experienced sexual assault and/or other trauma,
  • whether they have experienced or are at risk of forced marriage.

Legal Aid NSW will make the assessment of complex needs based on these characteristics and experiences.

No ELA Means Test applies to clients who have complex needs.

Note: the eligibility for ELA for FamAC clients with complex needs is being run as a pilot until 31 July 2025. 

1. The Vulnerable Person Test 

1.1 Adoption

Legal Aid NSW will determine whether the applicant is vulnerable having regard to:

• whether they are Aboriginal or Torres Strait Islander,
• any mental health problems, cognitive impairment or substance abuse issues,
• any history of being in out-of-home care,
• whether they live in unstable housing (or are homeless),
• any serious difficulty dealing with government agencies,
• whether they are experiencing or at risk of domestic and family violence,
• whether they are or have been a victim of violence,
• whether they are in custody,
• whether they are living in a remote or regional area and have difficulty accessing legal services,
• whether they are a refugee who arrived on an offshore humanitarian visa or hold a protection visa.

Legal Aid NSW will make an assessment of the vulnerability of the client based on these characteristics and experiences.

1.2 Child support

Legal Aid NSW will determine whether the applicant is vulnerable having regard to:

• whether they have unstable housing (or are homeless),
• whether they live in remote regions which makes access to the internet and other services difficult,
• any history of mental health problems cognitive impairment or substance abuse issues,
• any problems with literacy or inability to communicate in English,
• any serious difficulty dealing with government agencies,
• whether they are experiencing or at risk of domestic and family violence,
• whether they are in custody.

Legal Aid NSW will make an assessment of vulnerability of the client based on these characteristics and experiences.

1.3 Care and protection

Legal Aid NSW will determine whether the applicant is vulnerable having regard to:

• whether they are Aboriginal or Torres Strait Islander,
• whether the client is a child,
• whether they have unstable housing (or are homeless),
• any mental health problems, cognitive impairment or substance abuse issues,
• any history of being in out-of-home care,
• any serious difficulty dealing with government agencies,
• whether they are experiencing or at risk of domestic and family violence,
• whether they are a victim of violence,
• whether they are in custody,
• whether they are living in a remote or regional area and have difficulty accessing legal services,
• whether they are a refugee who arrived on an offshore humanitarian visa or hold a protection visa,
• whether the client is pregnant and at risk of their child being removed and taken into care.

Legal Aid NSW will make an assessment of vulnerability of the client based on these characteristics and experiences.

1.4 Family law disputes

Legal Aid NSW will determine whether the applicant is vulnerable having regard to:

• whether they are Aboriginal or Torres Strait Islander,
• whether they live in unstable housing (or are homeless),
• any mental health problems, cognitive impairment or substance abuse issues,
• whether they are experiencing or at risk of domestic and family violence,
• whether the client is pregnant and at risk of their child being removed and taken into care,
• whether they are in custody,
• whether they are living in a remote or regional area and have difficulty accessing legal services,
• whether they are a refugee who arrived on an offshore humanitarian visa or hold a protection visa.

Legal Aid NSW will make an assessment of vulnerability of the client based on these characteristics and experiences.

2. The Sufficient Interest in the Welfare of the Child Guideline

2.1 Adoption

Some examples of people with a sufficient interest in the welfare of the child are:

• a birth parent,
• a grandparent (if the grandparent has had the care of the child in the past, or has cared for or is caring for the child’s siblings, or if the grandparent has had or is having contact with the child),
• a sibling.

2.2 Care and protection

Some examples of people with a sufficient interest in the welfare of the child are:

• a birth parent,
• a carer, member of kin or community such as a grandparent,
• a sibling.