Policy Bulletin 2024/8 Civil law ELA and ERA

1 July 2024

The Legal Aid NSW Board has approved changes to the Civil Law Extended Legal Assistance (ELA) eligibility policies and the introduction of Early Resolution Assistance (ERA) for certain types of civil law disputes. 

Background

In 2023 the Civil Law Division introduced a Blueprint which set out the focus of the civil law work. The Blueprint establishes a framework for the delivery of all inhouse civil law work. The central aspects of the Blueprint are:

  • A focus on people who are experiencing deep and persistent disadvantage or dislocation by using civil law to meet their fundamental needs
  • The development of eight universal fundamental needs that will focus on work that is most likely to have a direct impact on alleviating a person’s or community’s experience of disadvantage, and
  • Assisting with legal problems that directly relate to protecting a person’s fundamental needs.

The amended civil law ELA eligibility policies reflect the aims of the Blueprint.

While most eligibility policies for civil law ELA will follow the Blueprint, we will continue to provide the following work outside the framework:

  • Sexual Assault Communications Privilege matters
  • Veterans’ matters, and
  • Respect at Work Legal Service (RAWLS) matters.

These are specialist services that were funded and established to target specific client groups: see Civil ELA: other legal assistance matters

Early Resolution Assistance (ERA)

As part of the Blueprint work, we have introduced ERA for certain civil law disputes which allows for lawyer assisted mediations/conciliations at established dispute resolution forums. ERA funding is available for conciliations/mediations at the:

  • Fair Work Commission
  • Anti-Discrimination NSW (ADNSW) and the Australia Human Rights Commission, and
  • An Industry Ombudsman.

All civil law ELA and ERA services will be provided by inhouse lawyers. 

Under transitional arrangements, assistance with certain Centrelink disputes that are currently heard at Tier 1 of the Administrative Appeal Tribunal will continue to be provided as ELA: see Civil law ELA: disputes with Centrelink for details 

  • What has changed?

    The structure and main changes include:

    • Eligibility for civil law ELA and ERA to clients who experience deep and persistent disadvantage or dislocation. This includes (at Step 1):
      • A cohort of clients who would not be subject to the ELA/ERA Means Test, and
      • A cohort of clients who would be subject to the ELA/ERA Means Test
    • Using fundamental needs as a way of understanding a person’s disadvantage and ongoing risk of disadvantage
    • The legal assistance provided is linked to protecting a person’s fundamental needs, and
    • Replacing the ELA/ERA Merit Test in civil law with the Clear Benefit Test (at Step 3) which ensures we are only assisting clients where there is a benefit to them and the cost of providing the assistance is commensurate with the benefit provided.

    See Policy Online: Civil law ELA and ERA. 

      Start date

      The new policies apply to applications for ELA and ERA determined on or after 1 July 2024

      Contact

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