Australian lawyers are either solicitors or barristers. Barristers mainly appear as advocates in Court with a solicitor ‘briefing’ them (providing information and instructions to). To get initial advice or to start a legal action, you should approach a solicitor first. In limited situations a barrister may be willing to accept your case directly.
Solicitors work:
There are different types of legal services available in NSW, depending on your needs as a client.
Initially, you may just want some legal information or advice, to find out your options and possible outcomes from these options. You may be able to take action yourself based on this information.
Once you decide on the outcome you are seeking and how the solicitor can help you, then the solicitor may need to take further action. This may be, for example, advising you about your legal rights, and if your claim is worth pursuing, writing a letter on your behalf, or arranging for an expert report.
If you decide to take legal action in the courts or decide you need a lawyer to defend you in existing legal action in a court, the lawyer may need to prepare documents and officially ask for relevant documents from other people or organisations through the court system (using a document called a subpoena). A lawyer may also need more detailed information from you at this stage, in order to complete these tasks.
The solicitor may represent you in court or you might decide to have the solicitor instruct a barrister to speak in your matter in the courtroom.
For information about who pays for legal services, click here.
Lawyers from Legal Aid NSW can provide you with legal services for free if your matter falls within their policies. This will depend on your type of matter, your circumstances, and other factors. To read these policies, click here.
Legal Aid NSW can also pay for a private lawyer to help you through a grant of legal aid. A grant of legal aid is not always made without any cost to the client. Legal Aid NSW usually asks for an initial contribution, and this contribution will be based on your income and assets at the time legal aid is granted.
Community Legal Centres do not usually charge for their services, but sometimes they are paid by Legal Aid NSW to represent you in your legal case, and in such cases, Legal Aid NSW’s contribution requirements can apply.
Generally, private lawyers charge their clients for their services. There is regulation of solicitors’ fees in NSW and you can complain to the Legal Services Commission if you think you have been overcharged.
Click here to go to the Legal Services Commission website for more information.
However, the services private lawyers provide sometimes come at no charge or a reduced charge. This could be because:
Click here for information about where to go if you can’t afford to pay for legal services.
There are four main ways that legal help is available for no or reduced cost:
In NSW, there are both generalist legal assistance providers, that is, organisations that provide legal assistance to a local community, and specialist legal assistance providers. There are several specialists that deal with disabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More rights issues, including legal issues affecting people with mental illness.
It is often best to contact LawAccess NSW first to find out which service is most appropriate for you.
For information about your legal rights and to find out where to get legal help, call LawAccess NSW on 1300 888 529* from 9:00am to 5:00pm, Monday to Friday.
LawAccess NSW is a free telephone service that provides legal information, referrals and advice for people who have a legal problem in NSW.
LawAccess NSW can help you with a wide range of legal problems or questions, including:
LawAccess NSW can help by giving you legal information over the phone, sending you information, and giving you the contact details for appropriate legal service providers and other related services. In some cases, LawAccess NSW can give you legal advice over the phone.
LawAccess NSW also has information about many kinds of legal problems available on its website. The website has detailed guides to help you to represent yourself in court or tribunal.
If you are deaf, hard of hearing or having a speech impairmentThe loss or limitation of physical, mental or sensory function on a long-term or permanent basis. For people with mental health conditions this would also include a loss of function on an episodic basis, which in many cases leads to long term or permanent impairment and subsequent disablement. More, you can contact LawAccess NSW through the National Relay Service. Ask for Law Access NSW on 1300 889 529*
*Mobile phone calls to freecall numbers (numbers starting with 1800) and to local call numbers (numbers starting with 13 or 1300) are charged to the caller at the usual mobile rate.
There are different ways in which Legal Aid NSW may be able to help by:
You can get initial free legal advice from Legal Aid NSW by ringing and making an appointment to see a lawyer in one of the Legal Aid NSW offices. To find a Legal Aid NSW advice service near you, click here.
Legal Aid NSW can assist with you with criminal law matters, family law matters and civil law matters. Click here for information about the full range of matters Legal Aid NSW assists with.
If you want further help from Legal Aid NSW, for example if you want them to send a letter on your behalf, you will have to make an application for a grant of legal aid. You can also make an application for a grant of legal aid to pay for a private lawyer to represent you or, in some cases, if you are being represented by a Community Legal Centre. To apply for a grant of legal aid, click here.
Representation by a Legal Aid NSW lawyer and a grant of legal aid are both usually subject to a means test, an assets test and sometimes a merits test (reasonable prospects for success). All the legal aid policies and guidelines are on the Legal Aid NSW website.
There is an internal review process if your application for legal aid is not granted and you want to challenge the decision. For more information about this process, click here.
In NSW, there are several legal assistance providers that specialise in assisting people with disabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More including mental illness:
The Mental Health Advocacy Service (MHAS) is part of Legal Aid NSW and provides advice on all aspects of mental health law in NSW.
The MHAS provides free legal representation to patients in mental health inquiries held by the Mental Health Review TribunalThe Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. under the Mental Health Act 2007 (NSW) and the Mental Health and Cognitive ImpairmentCognitive impairment is defined by the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) as an ongoing impairment in adaptive functioning and in comprehension, reasoning, judgement, learning or memory, which has resulted from damage or dysfunction to the brain or mind. Cognitive impairment may arise from intellectual disability, dementia, autism or foetal alcohol spectrum disorder. More Forensic Provisions Act 2020 (NSW).
The MHAS employs a social worker and Lay AdvocateAn advocate is a person who will support someone and help them stand up for their rights, needs and wants. An advocate can also sometimes speak or write on the behalf of another person. A person’s family or friends can be their advocates, or their advocate may be a professional. An advocate may or may not be a lawyer. More, who can also give you advice on non-legal matters and advocateAn advocate is a person who will support someone and help them stand up for their rights, needs and wants. An advocate can also sometimes speak or write on the behalf of another person. A person’s family or friends can be their advocates, or their advocate may be a professional. An advocate may or may not be a lawyer. More on your behalf in some circumstances.
Lawyers from the MHAS act on your instructions (that is, what you tell them you want in relation to your treatment and care, etc). The MHAS can, for example, help you to challenge involuntary treatment or financial management orders sought by a hospital, the Authorised Medical OfficerAn Authorised Medical Officer is either the medical superintendent of a declared mental health facility, or a doctor who has been nominated by the medical superintendent to fulfil certain responsibilities and make certain decisions under the Mental Health Act 2007 (NSW). These responsibilities can include assessment of patients, care and treatment of people who are mentally ill or mentally disordered and decisions about discharge. More or social worker at a public mental health facility.
MHAS provides free legal representation in hearings before the Mental Health Review TribunalThe Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings. in these circumstances:
There are some circumstances where the MHAS will consider whether you can afford to pay for a lawyer (‘means test’) or whether you have a strong case with reasonable prospects of success (‘merit test’) before helping you. These are the circumstances:
The MHAS does not generally represent consumers in the following matters:
The MHAS also provides representation on request to people who are the subject of applications before the GuardianshipGuardianship is the legal relationship that is created when someone is given the legal authority to make certain decisions on another person’s behalf because that the person does not have the legal capacity to make these decisions for themselves. In NSW, Guardians are appointed by the Guardianship Division of the NSW Civil and Administrative Tribunal to make some medical and lifestyle decisions for a person. A Guardian does not have authority to make financial decisions on a person’s behalf. More Division of the NSW Civil and Administrative Tribunal (NCAT). NCAT must first either agree for the person to have a lawyer (‘grant leave’) or NCAT can ask for a lawyer to act as a ‘separate representative’.
For more information about legal proceedings under the Mental Health Act 2007 (NSW), click here.
You can contact the MHAS by calling (02) 9745 4277 from 9:00am to 5:00pm, Monday to Friday, or visit the MHAS webpage.
The Australian Centre for DisabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More Law (ACDL) is a Community Legal Centre that provides free legal advice, and sometimes legal representation, to people with disabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More. They specialise in assisting people who are discriminated against because of their disabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More.
ACDL also provides advice to clients with human rights law issues, reviews and appeals with the National DisabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More Insurance Scheme, clients with GuardianshipGuardianship is the legal relationship that is created when someone is given the legal authority to make certain decisions on another person’s behalf because that the person does not have the legal capacity to make these decisions for themselves. In NSW, Guardians are appointed by the Guardianship Division of the NSW Civil and Administrative Tribunal to make some medical and lifestyle decisions for a person. A Guardian does not have authority to make financial decisions on a person’s behalf. More and Public Trustee matters, problems with housing and debt and/or issues with disabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More service providers.
ACDL also provides referrals to other services, delivers Community Legal Education, and policy and law reform.
To read about ACDL Services, click here.
For information on the right to equality and discrimination laws, click here.
You can get legal advice by phone from the ACDL on Tuesdays, Wednesdays and Fridays from 9:30 am to 12:30 pm.
Freecall: 1800 800 708*
Freecall TTY: 1800 644 419*
Fax: (02) 9370 3131
Postal address: PO Box 989
STRAWBERRY HILLS NSW 2012
E-mail: adviceline@disabilitylaw.org.au
Website: www.disabilitylaw.org.au
*Mobile phone calls to freecall numbers (numbers starting with 1800) are charged to the caller at the usual mobile rate.
The Intellectual DisabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More Rights Service (IDRS) is an organisation that provides services to people with a cognitive impairmentCognitive impairment is defined by the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) as an ongoing impairment in adaptive functioning and in comprehension, reasoning, judgement, learning or memory, which has resulted from damage or dysfunction to the brain or mind. Cognitive impairment may arise from intellectual disability, dementia, autism or foetal alcohol spectrum disorder. More, which includes people with an intellectual disabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More, borderline intellectual functioning, acquired brain injury, dementia, autism spectrum disorder and drug or alcohol-related brain damage.
The Ability Rights Centre which is part of IDRS provides free legal advice and information for people with an intellectual disabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More or others acting on their behalf within NSW.
Lawyers provide free legal advice, casework and professional consultation across a number of areas of law, including:
Click here to go to the IDRS website or call the Ability Rights Centre on (02) 9265 6350 from 9:00am to 5:00pm, Monday to Friday.
If you are homeless or at risk of becoming homeless, you can get free legal advice by the Homeless Persons’ Legal Service (HPLS) through a network of clinics.
Click here for the location and times of the clinics.
HPLS provides legal advice on the following areas of law including:
HPLS can help people who are homeless or at risk of homelessness by giving them information about the law and a referral to another legal service providerIn the context of the NDIS, a provider is someone who provides products or services to assist NDIS participants to achieve the goals outlined in their plan. If you do not self-manage any of your NDIS funding, as an NDIS participant you are required to use providers who are registered with the NDIS Quality and Safeguards Commission. All registered NDIS providers; must implement and comply with appropriate WHS and quality management systems, that meet NDIS practice standard requirements, the NDIS rules, and are relevant to the NDIS supports delivered. In the context of mental health and psychosocial services, a provider may be any service that provide clinical care and treatment or psychosocial rehabilitation and support services including, but not limited to housing, employment, education and training as well as information and advocacy services. More where necessary. In some cases, they also provide representation.
You can contact HPLS on (02) 8898 6545 or (02) 8898 6500 from 9:00am to 5:00pm, Monday to Friday.
Seniors Rights Service (SRS) is a Community Legal Centre that provides free telephone advice, aged care advocacy and support, legal advice and rights-based education to people in NSW. They assist people who are aged sixty-five years (65) or over, and Aboriginal and Torres Strait Islander people aged fifty-five (55) or over.
The legal team provides advice about the following issues:
For more information about Seniors Rights Service’s legal services, click here.
Aged care advocates assist older people who receive Commonwealth-funded aged care services at home or in residential care, as well as their carers or family members. They can help you understand your issues, provide information, inform you of your rights, identify possible outcomes, help you advocateAn advocate is a person who will support someone and help them stand up for their rights, needs and wants. An advocate can also sometimes speak or write on the behalf of another person. A person’s family or friends can be their advocates, or their advocate may be a professional. An advocate may or may not be a lawyer. More for yourself and, if requested, speak for you. For example, many people feel uncomfortable raising a complaint about a service they depend on for their daily care.
For more information about aged care advocacy that is non-legal, click here.
Call the Senior Rights Service on 1800 424 079* from 9:00am to 4:30pm, Monday to Friday.
Translating and Interpreting Services (TIS) phone: 13 14 50*
Users who are deaf or have a hearing or speech impairmentThe loss or limitation of physical, mental or sensory function on a long-term or permanent basis. For people with mental health conditions this would also include a loss of function on an episodic basis, which in many cases leads to long term or permanent impairment and subsequent disablement. More can call through the National Relay Service: TTY users phone 133 677*, then ask for (02) 9281 3600.
Click here to go to Seniors Rights Service website.
*Mobile phone calls to freecall numbers (numbers starting with 1800) and to Local call numbers (numbers starting with 13 or 1300) are charged to the caller at the usual mobile rate.
Community Legal Centres (CLCs) are independent, non-government organisations that provide free legal services to people and communities, particularly to people facing financial hardship, social disadvantage and discrimination.
CLCs can either be local or specialist legal centres that provide free legal advice and representation to the local community, or on particular areas of the law or to specific client groups, such as people with intellectual disabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More.
There are almost 40 CLCs in NSW. Below is a list, as well as links to their websites.
Specialist community legal centres in NSW
The specialist CLCs generally provide services across NSW and it is best to contact them by telephone to find out if they are the right service to assist you. The specialist CLCs that are most likely to be able to assist with legal problems related to mental illness are:
Generalist community legal centres
Many local CLCs have drop-in advice sessions when volunteer and/or staff lawyers are available to give free legal advice. You should check the list of CLCs to find out if there is a local CLC near you.
You should contact CLCs by telephone before you visit them to get advice and/or representation. The CLC can then tell you whether they can help you and when, and if, they can provide a lawyer to give you advice.
Aboriginal and Torres Strait Islander people can access the Aboriginal Legal Service (ALS) for culturally safe referrals, assistance, advice and representation.
The ALS provides assistance in these areas of law:
Click here to go to their website for office locations and contact details.
Pro bono legal services are legal services that are provided by private lawyers at no or low cost to the client. ‘Pro bono’ means ‘for the public good’. Many private law firms do work for clients on a pro bono basis. The easiest way to find out if there is a firm or private lawyer that will help you with your legal problem on a pro bono basis is to contact one of the pro bono referral schemes in NSW:
Justice Connect matches organisations and individuals who are not eligible for legal aid and cannot afford a lawyer, to lawyers who will work on a pro bono basis. They are an independent network of thousands of Australia’s lawyers, including many of Australia’s best law firms.
Justice Connect works alongside universities, Community Legal Centres and professional associations, including the Law Society of NSW.
To read about the services Justice Connect can offer, click here.
To access the list of participating legal firms, click here.
To apply for help, click here.
Justice Connect can be contacted by:
Phone: (02) 8599 2100
Postal address: PO Box 436
DARLINGHURST NSW 1300
If you have been refused legal aid, but you need help with a legal problem, then you should consider approaching the Law Society of NSW under the Pro Bono Scheme.
The Law Society of NSW operates the Pro Bono Scheme, which coordinates referrals of clients to law firms, which are willing to provide legal assistance on a pro bono basis. Legal assistance may include legal advice, help with preparing documentation and representation in court.
The Law Society of NSW Pro Bono Scheme can help you if you:
Areas of law included in the pro bono scheme include:
Types of matters that are not included from the Scheme include: child support disputes; commercial disputes; complaints about solicitors; defamation matters; disputes about legal costs; family law property disputes; motor vehicle accidents/traffic matters; neighbourhood disputes; personal injury claims; professional negligence claims; spousal maintenance claims and related disputes; victim’s compensation claims and worker’s compensation claims.
The Scheme cannot always guarantee that assistance can be found for all people who apply. Lawyers that are part of this Scheme have ‘discretion’ (or choice) to accept matters that are outside these guidelines due to exceptional circumstances, including disabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More, risk of physical harm to the applicant and extreme financial hardship.
You can click here to apply to the Scheme through the Law Society of NSW website.
The Bar Association’s Legal Assistance Referral Scheme (LARS) tries find you a barrister or mediator who may be able to give advice, represent you or settle your legal issue. They consider your application carefully before deciding whether or not they can give you any legal assistance.
LARS cannot assist you in situations where:
LARS cannot assist for free if your application is likely to result in a trial or hearing set down for more than five (5) days.
The Duty Barrister Schemes are managed by the NSW Bar Association. This Scheme involves barristers being on ‘duty’ at court to advise you and, if appropriate, represent you. The Scheme operates in particular local courts to help people who cannot afford a lawyer, who do not qualify for legal aid and who have a matter before the court on the day.
To apply, contact the NSW Bar Association Legal Assistance Referral Scheme
Street address: 174 Phillip Street
SYDNEY NSW 2000
Phone: (02) 9232 4055
Fax: (02) 9221 1149
Email: enquiries@nswbar.asn.au
Updated February 4, 2021
