Policy Bulletin 2022/11 Availability of Funds Test

7 Dec 2022

The CEO of Legal Aid NSW has approved removing references to the Availability of Funds Test in the body of the policies for each matter type. The Availability of Funds Test is being retained.

Background

The Availability of Funds Test was introduced by the Legal Aid NSW Board in 2002 to manage funding constraints in particular types of matters.

The policy provides that legal aid will only be granted if Legal Aid NSW determines that sufficient funds are available. The test applies to decisions made by the Legal Aid NSW Board that certain matter types will not be funded for a specified period of time see: Availability of Funds Test.

The test is not applied to an individual applicant when Legal Aid NSW is assessing an application for legal aid. However, the inclusion of the test in the policies for each matter type creates the impression that the applicant must satisfy the Availability of Funds test in the same way that an applicant must satisfy other tests that may apply (for example, the Means Test or the Merit Test).

  • What has changed?

    What has changed?

    The Availability of Funds Test is being retained, but reference to it is being removed from the policies for each matter type on the basis that it is not an eligibility criterion that the applicant for legal aid must satisfy, but rather an overarching policy that operates at the highest level.

    This change has been implemented to all Criminal Law Matters, Family Law Matters and Civil Law Matters.

    For details please see Availability of Funds Test.

Commencement date

The change applies from 5 December 2022.

Contact for further information

Email Senior Solicitor, Anna Coffey at Client Eligibility Unit