Legal aid is publicly funded legal help for people who cannot afford a lawyer. In New South Wales it is provided mainly by Legal Aid NSW, established under the Legal Aid Commission Act 1979 (NSW), alongside community legal centres, the Aboriginal Legal Service (NSW/ACT), and other funded services. Legal aid can mean free information, advice, a duty solicitor on the day, or a grant of aid that pays for a lawyer to run a case.
How aid is decided
A grant of aid generally depends on two tests. The means test looks at income, assets and living costs. The merit test looks at the nature and strength of the case and whether the help is worth the cost. Priority tends to go to criminal law, family law (particularly children and family violence) and certain civil matters. Legal Aid NSW publishes its current policies and eligibility guides, and LawAccess NSW can give information over the phone and refer people to the right service.
Where aided matters are heard
Aided matters run in the same places as any other: the Local Court, the District Court, the Supreme Court of New South Wales, the Children's Court of NSW, the Federal Circuit and Family Court of Australia, NCAT, the Administrative Review Tribunal and the Federal Court. Many Local Courts have a duty solicitor from Legal Aid NSW or the Aboriginal Legal Service who can help on the day without a formal application.
Private solicitors and legal aid
Legal Aid NSW assigns some grants to private solicitors on its panels, and community legal centres refer to private practitioners when they cannot take a matter. A firm in the directory that accepts legally aided work can explain which matters it takes and how fees under a grant are handled.
What to bring when applying or meeting
- Photo identification and proof of address
- Centrelink statements, payslips and bank statements
- Details of assets, such as property and vehicles
- Court papers, notices and letters about the matter
Checking credentials
Whether a solicitor is in private practice or at a service, they must hold a current practising certificate, which the Law Society of NSW register confirms. Barristers are listed by the NSW Bar Association.
Legal aid is available across the Sydney CBD, Parramatta and Western Sydney, the North Shore, the Eastern Suburbs, the Inner West, the South West, Sutherland, the Hills District and the Northern Beaches, with Legal Aid NSW offices in many of these areas.
The listings below are alphabetical and are not ranked.
Common questions
Who can get legal aid in New South Wales?
Eligibility depends on a means test, which considers income, assets and expenses, and a merit test, which considers the type of matter and its prospects. Some matters, such as many criminal charges and family cases involving children, are given priority. Legal Aid NSW publishes the current guidelines, and each application is assessed individually.
Is a duty solicitor the same as a grant of legal aid?
No. A duty solicitor gives free help at court on the day, such as advice and speaking for a person at a first appearance or bail application. A grant of aid is a longer commitment to fund a lawyer to run the matter. A person may receive duty help and later apply for a grant.
What if I am not eligible for legal aid?
LawAccess NSW provides free information and referrals. Community legal centres, the Law Society of NSW and some private firms offer free first appointments, limited-scope services or payment arrangements. Eligibility rules for each service differ, and each sets its own criteria.