Policy Bulletin 2022/2 Family Policy and the Merit Test

10 Jan 2022

The Legal Aid NSW Board has approved the application of Merit Test A to Commonwealth family law matters.

Background

Merit Test A is the test applied in most criminal, state family law and civil law matters. Previously, Commonwealth family law matters were assessed using Merit Test B. To streamline eligibility policies for grants of legal aid Merit Test A will be applied to all matters that attract a merit test. This will also help achieve greater consistency and transparency around decisions on merit.

Merit Test A assesses whether it is reasonable in all the circumstances to grant legal aid. It offers non-exhaustive guidance on what may form part of that consideration, namely:

  • the nature and extent of
    • any benefit that the applicant might expect to gain by receiving legal aid, or
    • any disadvantage or harm to the applicant that might result from being refused legal aid, and
  • whether the applicant has reasonable prospects of success.

  • What has changed?

    Merit Test A will be applied to applications for legal aid for all matters that attract a merit test.

    For details see the Merit Test.

Commencement date

The changes apply to applications submitted on or after 10 January 2022.

Contact for further information

Email Client Eligibility Unit