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Legal Aid NSW is an independent statutory body established under the NSW Legal Aid Commission Act 1979. Its role is to help socially and economically disadvantaged people sort out their legal problems.
Legal Aid NSW may be able to give you legal advice on:
Family law advice is available without an appointment in Legal Aid NSW’s head office in central Sydney and in Parramatta. In other offices you need to make an appointment.
Bring to your appointment:
Legal Aid NSW cannot give you legal advice if it has given legal advice to any other person who might be involved in your case, whether it was about this case or another. If this is the case, Legal Aid NSW may only be able to give you general information and referrals.
Legal advice is free. Advice is usually limited to 20 minutes so lawyers can see as many people as possible.
If you need more than advice Legal Aid NSW may be able to assist you by drafting correspondence or contacting other agencies, such as Centrelink and the Child Support Agency, on your behalf.
If you need more than legal advice Legal Aid NSW may give you a lawyer to help with your case. This is called being granted legal aid.
You may be granted legal aid if you come within Legal Aid NSW guidelines and some tests. Legal Aid NSW looks at your income and what you own, and whether your case is likely to succeed and the cost is acceptable.
Legal assistance is not free. Most people are asked to pay a contribution. The amount depends on your financial situation.
To apply for a grant of legal assistance you must fill out an application form, available from the Legal Aid NSW website (link below), its offices and from duty lawyers at local courts. You can also apply through a private lawyer who does legal aid work. A private lawyer can charge you for any work not covered by a grant of legal assistance.
If you are granted legal assistance you may be helped by a Legal Aid NSW lawyer or, in some cases, a private lawyer.
If Legal Aid NSW makes a grant of legal assistance, a letter will be sent to you setting out the conditions. You should read the letter carefully and contact Legal Aid NSW if you do not understand it.
Your application for legal aid will be screened for suitability for family dispute resolution. The Family Dispute Resolution Service is a registered provider under the Family Law Act 1975 (Commonwealth).
It is important to get legal advice before you go to court. If you do not have a lawyer when you go to court, lawyers who give free legal advice and other help (duty lawyers) may be available at the court to assist you.
A free duty lawyer service is provided at a range of courts and tribunals across New South Wales. Ask at the court if you want to speak to a duty lawyer.
Legal Aid NSW has a specialist Child Support Service that gives free advice and assistance to carer and paying parents throughout the State.
Legal Aid NSW offers free workshops and seminars on many legal issues. Divorce classes are also run at locations around New South Wales. Check the Legal Aid NSW website for details or call your nearest office.
Visit your local Legal Aid NSW office to get copies of free booklets, pamphlets and posters, which cover your legal rights and responsibilities. If you cannot visit an office, telephone the Publications Unit on (02) 9219 5028 or email publications@legalaid.nsw.gov.au.
These materials are available in English and some other community languages. Family publications include: ‘Family Law – Frequently Asked Questions’, ‘Help with Child Support’, ‘Family Dispute Resolution’, and a set of child support fact sheets.
Information about Legal Aid services, policies and publications are available on the Legal Aid NSW website. The site also contains specific information relating to family law.
If a person does not understand English, Legal Aid NSW pays for an interpreter to translate during an appointment with Legal Aid lawyers. Ask for one to be booked when making the appointment.
If an interpreter is needed for court, this can be arranged through your Legal Aid lawyer.
Legal Aid does not give telephone advice. However, you can get legal information, referral or advice by calling LawAccess New South Wales on 1300 888 529, from 9 am to 5 pm, Monday to Friday.
Legal Aid NSW children’s lawyers do, however, provide advice to young people calling the Legal Aid Youth Hotline (for young people under 18). The Hotline operates Monday to Friday, from 9 am to midnight, and 24 hours on weekends and public holidays on 1800 101 810. The hotline gives advice to young people who are being kept by the police in custody.
Legal Aid NSW provides advice about Child Support including the Social Security Appeals Tribunal Hotline number 1800 451 784 (non-metropolitan areas) or (02) 9744 3833 (metropolitan areas).
Legal Aid NSW has 21 offices throughout New South Wales. Offices are open Monday to Friday, from 9 am to 5 pm. See ‘Services that can help – NSW’ (link below) for office locations.