THE BIG CHANGES TO NSW LEGAL AID IN FAMILY LAW MATTERS YOU NEED TO KNOW.
If you are separating in NSW & were counting on Legal Aid to help you through a property or parenting matter, there’s some important changes you need to know.
From 1 July, Legal Aid NSW tightened eligibility for family law representation, restricting funding for parenting & property matters to Aboriginal & Torres Strait Islander people & victims of domestic/family violence. The restriction applies to parenting, property, divorce, spousal maintenance, contravention, drug testing & related appeals.
So, what does this mean?
If you fall outside those groups, you will (in most cases) no longer qualify for financial aid for your family law matter - no matter how modest your income. It means groups who have previously qualified for Legal Aid, including people with disabilities, low-income earners, non-English speakers & vulnerable older Australians, will no longer be able to get financial assistance.
The new rules act as a refreshed gateway to Legal Aid - applicants still need to clear standard financial means & case merit tests.
Why have things changed?
The changes have been driven by severe funding shortfalls, coupled with an increased demand for family law services.
Family law advice requests have jumped more than 30% over the past three years, while government funding has not kept pace.
Recent Federal Budget allocations for aid under the National Access to Justice Partnership failed to match rising delivery costs, forcing Legal Aid NSW to make changes.
Additional policy changes are coming later this year, which will restrict Independent Children’s Lawyers (ICLs) appearances to final hearings, where one or both parties are self-represented.
NB the policy changes only apply to new applications submitted on/after 1 July; they do not impact a client’s current grant for Legal Aid family law assistance.
National Legal Aid will continue to advocate for sustainable funding levels, and has committed to reviewing its policy if additional funding is provided.