Funding Criteria

A grant of aid may be made if the following eligibility tests are met: 

1. the matter comes within the Jurisdictional Guidelines Test
2. the applicant meets the Means Test
3. the matter meets the Merits Test
4. the matter meets the Forum Test.

In limited circumstances the Means or Merit Test may not apply.

A grant of aid: 

1. is not available to a corporation or incorporated association, and
2. will not normally be made where– 

1. 1. there is some other funding source,
   2. a more appropriate agency or service should deal with the matter, or
   3. it would be reasonable for the applicant to self-represent.

Jurisdictional Guidelines Test

An application for a grant of aid will meet the Jurisdictional Guidelines Test if it relates to a matter that falls within the–

1. Family Law Guidelines;
2. Child Protection Guidelines;
3. Civil Law Guidelines; or
4. Criminal Law Guidelines.

Means Test

Legal Services assesses the applicant’s means by reference to the applicant’s

1. income;
2. assets; and
3. lifestyle.

These matters are assessed separately and an applicant must be eligible in relation to each matter to satisfy the Means Test.

Merit Test

The Merit Test consists of three tests, being

1. the reasonable prospect of success test
2. the prudent self-funding litigant test; and
3. the appropriateness of spending limited public legal assistance funds test.

All three of these tests must be met for a matter to be assessed as having merit.

Forum Test

Aid is only granted for cases to be heard in South Australia.