---
title: "Merit and means assessment table for a grant of legal aid (NSW)"
url: "https://ailawframework.com/precedents/legal-aid-and-community-legal-practice/merit-means-assessment-table"
type: "precedent"
site: "AI Law Framework"
id: "a54-merit-means-assessment-table"
area_id: "A54"
kind: "checklist"
ai_level: "yellow"
version: 1
task_ids: ["A54-B5-21", "A54-B5-26"]
law_stated_as_at: "2026-10-22"
---

# 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.

Canonical page: https://ailawframework.com/precedents/legal-aid-and-community-legal-practice/merit-means-assessment-table  
Law stated as at: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

- Kind: Checklist. Steps or checks to work through and tick off.
- Practice area: [Legal Aid & Community Legal Practice](https://ailawframework.com/precedents/legal-aid-and-community-legal-practice.md)
- Jurisdictions: Australia, New South Wales
- AI level: Yellow. You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at: 2026-10-22
- Status: Maintained. Checked on 2026-10-22 against the 2 authorities it cites, for Australia and New South Wales.

## 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

- [Triage a legal aid eligibility and means-test application](https://ailawframework.com/practice/legal-aid-and-community-legal-practice/triage-a-legal-aid-eligibility-and-means-test-application.md)
- [Build a grant-of-aid merit assessment table](https://ailawframework.com/practice/legal-aid-and-community-legal-practice/build-a-grant-of-aid-merit-assessment-table.md)

## 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

## Authorities

- [Legal Aid NSW, Policy Online, Merit Test (whether it is reasonable to grant aid: expected benefit or harm, and reasonable prospects of success)](https://www.legalaid.nsw.gov.au/for-lawyers/policy-online/eligibility-tests/merit-test)
- [Legal Aid NSW, Policy Online, Means Test (income and assets; initial contribution under Legal Aid Commission Act 1979 (NSW) s 36(1)(a); contribution to adverse costs under s 36(1)(b); reassessment if circumstances change)](https://www.legalaid.nsw.gov.au/for-lawyers/policy-online/eligibility-tests/means-test)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/legal-aid-and-community-legal-practice/merit-means-assessment-table and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*