Policy Bulletin 2025/1 Civil Law policy: new Commonwealth benefits policy 

10 March 2025

The Legal Aid NSW Board has approved a new policy for reviews against decisions that affect an applicant’s receipt or payment of a Commonwealth pension, benefit or allowance (Commonwealth benefit) conducted in the Administrative Review Tribunal (ART).

The Board also approved minor changes to the Civil Law policies for National Disability Insurance Scheme (NDIS), migration and veterans’ matters, to reflect the processes of the ART.

Background

Legal aid is currently available for representation in the ART (second review) where a decision has been made that affects a legal aid applicant’s receipt or payment of a Commonwealth benefit.

In February 2024, the Board approved significant changes to civil law Extended Legal Assistance (ELA) eligibility and introduced Early Resolution Assistance, services that are only available to clients of the inhouse practice. The details of the new ART and its processes had not then been finalised, and transitional arrangements were put in place so that legal assistance for Tier 1 reviews in the AAT were provided through ELA.

On 14 October 2024, the ART replaced the AAT. In general, the two-tier review processes that applied to Commonwealth benefit matters in the AAT has been preserved in the ART. People who are dissatisfied with a decision made in the first review in the ART can apply for a second review. The ART has established a Guidance and Appeals Panel which is distinct from the first and second review.

Start date

The change applies to applications determined on or after 10 March 2025.

Contact

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