Checklist · Legal Aid & Community Legal Practice

Merit and means assessment table for a grant of legal aid (NSW)

Working table for a Legal Aid NSW grant: the published Merit Test, the Means Test, contributions under the Legal Aid Commission Act, and what is still missing before a recommendation.

Kind
Checklist. Steps or checks to work through and tick off.
Where it applies
Australia, New South Wales
AI use
Yellow You and the tool draft together, with you directing. You check every statement you rely on.
Law stated as at
22 October 2026
Status
Maintained. Checked on 22 October 2026 against the 2 authorities it cites, for Australia and New South Wales.
Version
1
Source
Written for this library

When to use it

Use when triaging an application for a grant of aid, or when building the merit assessment that goes to the grants officer. It is not the grant. Legal Aid NSW decides eligibility.

Used for these tasks

Each task page says how far AI may help with the task and what the lawyer must review.

How AI may be used

AI may sort the client's figures and documents into the table. The lawyer decides prospects, benefit and harm, and whether the means material is enough.

AI may

  • Place income, assets, dependants and Centrelink details from the client's documents into the means rows
  • List the documents still missing against the verification row
  • Extract dates, charges or orders from the file into the matter-description row

AI must not

  • Must not state that the Merit Test or the Means Test is met or failed
  • Must not calculate or state the contribution payable
  • Must not describe the content of the jurisdiction, forum or availability-of-funds tests, which are separate published policies

The lawyer checks

  • Both Merit Test limbs are addressed: benefit or harm, and reasonable prospects of success
  • Means cover the legally aided person and anyone else the Means Test says must be counted, and any change since the application is flagged for reassessment
  • The contribution question is left to Legal Aid NSW under s 36, with the facts recorded and no figure invented
  • The matter type is one for which aid is available under the current crime, family, civil or AVO policy

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Read the full text

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