Policy Bulletin 2024/10  Removal of ELA Means Test for care and protection matters

6 September 2024

The Legal Aid NSW Board has approved the removal of the Extended Legal Assistance (ELA) Means Test in care and protection matters.

Background

The introduction of triage and priority client guidelines mean that the current client cohort eligible for an ELA service is different to 2017 when the policies were introduced.

The removal of the ELA Means Test in care and protection matters will ensure Legal Aid NSW can help some of the most vulnerable clients to potentially avoid child removals and court proceedings. It also helps streamline our eligibility policies noting that parents in primary care and protection proceedings have been exempt from the Means Test since 2020.

  • What has changed?

    Parents and third parties will no longer be required to satisfy the ELA Means Test to be eligible for a care and protection ELA service. The ELA service is only available to clients of the in-house practice.

    For details, see: Policy Online – Family Law policy – ELA for core family law work at 3.

Start date

This change applies to applications determined on or after 6 September 2024.

Contact

For further information, contact the Client Eligibility Unit at:  T-CEU@legalaid.nsw.gov.au.