New South Wales Consolidated Acts

LEGAL AID COMMISSION ACT 1979 - SECT 35

35 Means test

(1) The Commission shall not, unless it is of the opinion that there are special circumstances relating to the property or means of the applicant or otherwise, grant an application unless the applicant, and each person who is associated with the applicant, satisfies such means test or other test as is determined by the Commission in respect of applicants generally or the class or description of applicants to which the applicant belongs and is applicable as at the date on which the application was made.

(2) A means test determined by the Commission for the purposes of subsection (1) is to be determined having regard to the ability of:

(a) applicants generally or applicants of the class or description of applicants in respect of whom the means test is determined, and

(b) persons associated with such applicants,

to meet the ordinary professional cost of the legal services sought by the applicant.

(3) For the purposes of subsection (1), special circumstances may include:

(a) that the applicant is a party to proceedings as a member of an unincorporated association, or

(b) that the applicant is a party to:

(i) proceedings relating to environmental matters,

(ii) a relator suit, or

(iii) a test case.

(4) For the purposes of any means test determined under this section, a reference to a person who is associated with an applicant is a reference to such of the following persons or classes of persons as are specified by the means test as being associated with the applicant:

(a) the applicant’s spouse or the applicant’s de facto partner,

(b) any person who is financially responsible for, or who provides financial support to, the applicant,

(c) if the applicant is a corporation, any person whose financial interests will, in the opinion of the Commission, be directly and beneficially affected if the proceedings in respect of which legal aid is granted to the applicant are successful,

(d) if the applicant is applying as a member of an unincorporated association, any other member of the association whose financial interests will, in the opinion of the Commission, be directly and beneficially affected if the proceedings in respect of which legal aid is granted to the applicant are successful, and

(e) if the applicant is applying for legal aid in respect of proceedings under Chapter 3 of the Succession Act 2006 , any other person whose interests will, in the opinion of the Commission, be beneficially affected if legal aid is granted to the applicant.