A-Z guide to policies

Is legal aid available?

Legal Aid is available in exceptional circumstances for certain adoption proceedings.

Is legal aid available?

Appeals to the District Court

Legal aid is available in certain circumstances to appeal a decision of the Local Court to the District Court sitting in its criminal jurisdiction.

Appeals to the Supreme Court

Legal aid is available in certain circumstances for appeals from decisions of magistrates in the Local Court to the Supreme Court.

Apprehended Domestic Violence Orders (ADVO)

Legal aid may be available to make an application for an ADVO if you are a victim of domestic violence and the Police have not made an application on your behalf.

Legal aid may be available to defend an ADVO made against if you are a victim of domestic violence or there are exceptional circumstances.

Apprehended Personal Violence Order (APVO)

Legal aid is not available to make an application for an APVO, unless the applicant is a child.

Legal aid is only available to defend an APVO in exceptional circumstances.

Is legal aid available?

Legal aid may be available to defend an assault charge in the Local Court in certain cirumstances including where a term of imprisonment is a penalty.

Is legal aid available?

Legal aid is available to any person in custody to make their first bail application in the Local Court. 

Legal aid is available for bail applications in the Supreme Court.

Eligibility requirements apply to subsequent bail applications in the Local Court, and all applications in the Supreme Court.

Is legal aid available?

No. Legal Aid is not available for bankruptcy cases.

You may be able to get help from the Law Society of NSW's Pro Bono Scheme. Contact them on 02 9926 0364.

Alternatively, you can get advice from a private lawyer by calling the Law Society of NSW Solicitor Referral Service on 1800 422 713.

Is legal aid available?

Legal aid is not available for damage to any property by a motor vehicle.

Legal aid is not available to applicants for personal injury matters.

Many private solicitors represent people injured in car accidents on a no win/no fee basis. The Law Society of NSW Solicitor Referral Service can refer you to a private solicitor in your area. Tel: 9926 0300 or 1300 888 529 (outside Sydney).

Is legal aid available?

Legal aid is available to children for most types of care and protection matters in the NSW Children’s Court, and appeals in the District Court, Supreme Court and High Court.

Legal aid may be available to adults with parental responsibility, or otherwise significant to the child, for most types of care and protection matters in the NSW Children’s Court.

Legal aid may be available to adults with parental responsibility for appeals in the District Court, Supreme Court and High Court.

Is legal aid available?

Legal aid is available for court orders to locate and recover children who have been abducted as part of a family dispute. If there is a risk children will be taken out of the country you can get urgent legal advice from Legal Aid NSW and within 24 hours, get a court order to have the child/ren placed on the Airport Watchlist so they will not be able to leave the country.

Child Support

Legal aid may be available for child support matters in certain circumstances, such as if you have to go to court for your matter or appeal a decision at the Administrative Appeals Tribunal.

Child Maintenance

Legal aid may be available for certain child maintenance matters if you have to go to Court to make the application.

Child Support Parentage Matters

Legal aid may be available for certain parentage matters. This includes applying to the court to either

• ask for a declaration of parentage (s106A) because they are a parent of the child, or
• oppose a declaration of parentage (s107) because they are not a parent of the child.

See Legal Aid NSW Child Support Service for information about the services available.

Is legal aid available?

Yes. Legal aid is available to children for criminal matters in the Local Court, the Children's Court, trial or sentence matters in the District and Supreme Courts and appeals.

Is legal aid available?

Legal aid may be available to a person who is participating in a restorative justice program where the Court makes an order in relation to Circle Sentencing. Legal Aid must be satisfied that it is appropriate in the particular circumstances of the matter that the applicant has legal representation.

Is legal aid available?

Legal aid may be available if you have had your civil liberties breached by a person in a position of authority such as a police officer, prison officer, immigration detention officer, a teacher, a youth worker or other carer. 

A breach of civil liberties might include an unlawful search, arrest or detainment, threats, or being touched or physically handled.

Is legal aid available?

Yes. Legal aid is available for committal proceedings including case conferencing, applications for witnesses and committal hearings.

Is legal aid available?

Legal aid is available for parents and children for compulsory schooling order matters in the Children's Court.

Legal aid is also available for any prosecutions in the Local Court under the Education Act  1990 (NSW).

Is legal aid available?

Only in certain circumstances. Legal aid may be available to dispute a decision about your pension, social security benefit or other social security allowance at the Administrative Appeals Tribunal.

Is legal aid available?

Legal aid may be available to consumers for matters including unfair insurance contracts, unfair mortgage agreements and other consumer credit and debt matters. For legal aid to be granted, there must be a Public Interest in Legal Aid NSW assisting with the matter.

Is legal aid available?

Legal aid may be available for matters relating to a coronial inquest in limited circumstances. Please contact the Coronial Inquest Unit on 1300 888 529 for more information.

Is legal aid available?

Legal aid is not usually available for debt issues, except where a home-owner will lose their home as a result of legal proceedings related to debt and some consumer protection matters.

Do you have a fine? Finefixer

Legal aid is usually not available to defend fines in courts or tribunals. If you have a fine, please visit the FineFixer website at https://nsw.finefixer.org.au/. The FineFixer tool has useful information about how to deal with your fines problem.

Is legal aid available?

Legal aid may be available for discrimination proceedings if you have experienced discrimination in the education system, in the workplace, during the provision of goods and services or accommodation.

The Means and Merit tests apply, and there may be other requirements for legal aid depending on the type of legal problem and Court or Tribunal.

See also: Employment

Is legal aid available?

Legal aid is available for a court application relating to the divorce or nullity of marriage in limited circumstances.

Is legal aid available?

DNA parentage testing

Legal aid is available for DNA testing and legal representation where there is a dispute about parentage and legal aid has been granted for parenting or child support proceedings.

See Child support/Child maintenance.

DNA samples for criminal matters

The police may take a DNA sample from a person convicted of a serious indictable offence. Legal Aid NSW Prisoners Legal Service can provide advice on this procedure.

The police may also take a DNA sample from a suspect.  Legal aid is available in certain circumstances where a Court Attendance Notice is being contested in the Local Court.

If the person is under 18 years, the police need a court order before taking the sample. The Legal Aid NSW Youth Hotline 1800 10 18 10 can provide advice.

Is legal aid available?

No, legal aid is generally not available for driving and traffic offences. Please visit Guided Pathway for traffic offences: this tool has useful information about traffic matters, including what to do if you get a penalty notice, licence suspension or court attendance notice.

Is legal aid available?

Legal aid may be available to an employee in employment law matters including unfair dismissals, recovery of entitlements, review of unfair contracts and general protections. Legal aid will only be available where the employee faces hardship, including financial and personal disadvantage.

Is legal aid available?

No. Legal aid is not available to defend fines in courts or tribunals.

If you have a fine, please visit the FineFixer website at https://nsw.finefixer.org.au/. The FineFixer tool has useful information about how to deal with your fines problem.

Is legal aid available?

Legal aid is available to a person who is subject to a guardianship or financial management order to revoke, review or appeal decisions.

In certain circumstances legal aid may be available to other people in these matters, such as a carer or relative.

Is legal aid available?

Legal aid is not available to a landlord for disputes with a tenant, or a home-owner for building disputes. Please visit the NSW Fair Trading website https://www.fairtrading.nsw.gov.au/ or contact them on 13 32 20.

Legal aid may be available to a tenant in matters including evictions and disputes between tenant and landlord.

Legal aid may be available to a home-owner where there is a likelihood that the home-owner will lose their home as a result of legal proceedings.

Is legal aid available?

Legal aid is available for representation in limited types of migration matters, including

• to challenge the lawfulness of your immigration detention
• to appeal a decision to cancel your permanent visa if it cancelled on character grounds and there are human rights issues involved
• to apply for a partner visa for applicants eligible for an exemption under the family violence, child of the relationship or death of a sponsor provisions, or XA-866 onshore protection visas

Is legal aid available?

Legal aid is not available to sue a medical professional for negligence. You can get advice from a private lawyer by calling the Law Society of NSW Solicitor Referral Service on 1800 422 713.

Legal aid is available to people who have been involuntarily admitted to hospital and brought before the Mental Health Review Tribunal. Legal aid may also be available for other matters including Community Treatment Orders, review of decisions made by the NSW Trustee or Public Guardian and appeals to the Supreme Court. Please contact the Mental Health Advocacy Service on 02 9745 4277 for more information.

Is legal aid available?

Legal aid is generally not available for disputes between neighbours about dividing fences, trees and animals. You can get advice from a private lawyer by calling the Law Society of NSW Solicitor Referral Service on 1800 422 713 or a Community Legal Centre on 1300 888 529.

The Prisoners Legal Service (PLS) provides a range of services to prisoners in NSW. The service visits NSW gaols and provides free and confidential legal advice and minor assistance. Prisoners can contact the PLS on the Common Auto Dial List (CADL) as a free call - press #11 or contact 02-8688 3888.

Is legal aid available?

Legal aid is not available for privacy issues.  

There are laws protecting the privacy of information held about a person by State or Commonwealth government departments, or private organisations.  If there are any concerns about how an organisation has collected, used or disclosed any private information about a person, contact the relevant State or Commonwealth agency.

Is legal aid available?

Legal aid is available for mediation and representation in family law property disputes in certain circumstances. The Means Test and Merit Tests are applied. Legal Aid NSW will consider your means, merit, the nature of the dispute and the pool of assets.

The Sexual Assault Communications Privilege Service (SACPS) is a victims' legal service that helps protect the privacy of counselling notes and other confidential therapeutic records in criminal proceedings involving sexual offences. This service provides legal advice and representation to victims of sexual assault and other "protected confiders", including psychologists, psychiatrists and counsellors, who want to prevent or restrict the disclosure of sensitive sexual assault communications in court.

Contact 02 9219 5888 for more information.

Is legal aid available?

Legal aid is available for mediation and representation in spousal and de facto maintenance matters in certain circumstances. 

Legal aid is available to war veterans or their dependants in a wide range of matters. The Legal Aid NSW Veterans' Advocacy Service (02 9219 5148 ) provides free legal advice and minor assistance to all veterans and their dependants on entitlement to disability and service pensions, gold card eligibility, war widow’s pensions, allowances and entitlements from the Department of Veterans' Affairs.

Is legal aid available?

Legal aid is not available for respondents in Victims Compensation matters in a court or tribunal.

Legal aid is not available to make Victims Compensation applications or to defend Victims Restitution Orders in courts or tribunals. You can contact a Community Legal Centre on 1300 888 529 or www.victimsservices.justice.nsw.gov.au or 1800 633 063. You can also get advice from a private lawyer by calling the Law Society of NSW Solicitor Referral Service on 1800 422 713.

Is legal aid available?

Legal aid is not available for a dispute over a will or estate, including family provision claims.

Legal Aid is not available for assistance in making a will or applying for probate. Legal aid does not draft wills or other life documentation such as Powers of Attorney or Enduing Guardians. Legal aid is also not available in contested estates matters unless you are likely to lose your home.

You can get advice from a private lawyer by calling the Law Society of NSW Solicitor Referral Service on 1800 422 713.

Is legal aid available?

Legal aid may be available for NCAT proceedings to review a decision to refuse or disqualify a Working with Children Check if your employment is affected by the decision, you are an authorised carer of there are exceptional circumstances.