The State’s special circumstances

A person who is applying for a grant of legal assistance for a State matter will come within the State’s ‘special circumstances’ if they:

• are under 18 years old
• have a language or literacy problem
  or
• have an intellectual or psychiatric disability.

This guideline does not apply to traffic matters heard in the Magistrates' Court.

Definition of intellectual or psychiatric disability

‘Intellectual or psychiatric disability’ means a disability which has resulted in a person either:

• being registered as an ‘eligible person’ under the Disability Act 2006
• receiving services from an approved mental health service under the Mental Health Act 1986.