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LawAccess NSW Policy and Service Standards Manual This manual sets out the policies and service standards for telephone legal information, referral and advice provided by LawAccess NSW.

Essential SummaryThe LawAccess NSW Policy and Service Standards Manual sets out the policies and service standards for the LawAccess NSW Legal Information and Legal Advice Groups.

This manual is divided into four parts:

1. Service standards

2. Providing legal information

3. Providing legal Advice

4. Referring customers to external services.

Printed copies of this document may not be up to date.

Ensure you have the latest version before using this document.

LawAccess NSW Policy and Service Standards Manual Date of effect: 10 July 2019 of 20

Table of Contents1 Scope 4

2 Purpose 4

3 Definitions 5

4 Service standards 7

4.1 LawAccess NSW service 7

4.2 General principles 7

4.3 Flexible service delivery 7

4.4 Compliments and Complaints 8

4.5 Customers exhibiting challenging behaviours 8

4.6 Tape-recording of calls 8

4.7 Customers researching the services provided by LawAccess NSW 9

4.8 Customers seeking information for study purposes 9

4.9 Media enquiries 9

5 Providing legal information 10

5.1 Who will be assisted by the Legal Information Group 10

5.2 Eligibility for further assistance from Legal Aid NSW or pro bono schemes 10

5.3 Customers with multiple legal issues 10

5.4 Assistance with completing forms 10

5.5 Customers seeking information and referrals on behalf of another person 11

5.6 Obtaining customer details 11

6 Providing legal advice 12

6.1 Legal advice 12

6.2 Authority to provide legal advice 12

6.3 When legal advice will be provided 12


6.4 Priority Customers 12

6.5 When legal advice will NOT be provided 13

6.6 Areas of law in which legal advice will NOT be provided 14

6.7 Where no free legal advice is available 14

6.8 Number of legal advice sessions provided 15

6.9 Written Legal Advice 15

6.10 Customers seeking advice on behalf of another person 15

7 Referring customers to external services 17

7.1 Application 17

7.2 When customers will be referred to other services 17

7.3 Referral Database 17

7.4 Referring customers to private solicitors. 17

8 Document information 19

9 Document history 20


1 ScopeThis manual contains the LawAccess NSW policies that relate to the telephone services provided by the Legal Information Group and the Legal Advice Group.

The policies cover:

information and assistance provided to customers by the Legal Information Group

referral of customers to the Legal Advice Group

legal advice provided to customers by the Legal Advice Group

referral of customers to specialist legal services or other legal advice or assistance services.

This policy document applies to all customers of LawAccess NSW.

2 PurposeThis manual sets out the policies for the LawAccess NSW Legal Information Group and Legal Advice Group.

This manual contains four parts:

1. Service Standards

This Part sets out the standard of service that customers can expect when they telephone LawAccess NSW seeking assistance with a legal problem.

2. Providing Legal Information

This Part sets out the policies that apply when legal information and assistance is provided by the Legal Information Group

3. Providing Legal Advice

This Part sets out the policies that apply when legal advice is provided by the Legal Advice Group

4. Referring Customers to External Services

This Part sets out the policies that apply when customers are referred to specialist legal services, private solicitors or other legal and non-legal assistance services.


3 DefinitionsAssistance Service A service that accepts referrals from LawAccess NSW and includes Legal Aid NSW, government organisations, community legal centres, the Law Society of NSW, the NSW Bar Association, court and tribunal registries, alternative dispute resolution services, not-for-profit organisations and human services organisations.

Information Assistant - Legal (IAL) An Information Assistant Legal is an information officer employed by LawAccess NSW on a casual basis to answer inbound calls.

Conflict of Interest Legal officers have a duty to avoid potential and actual conflicts of interest. They will not provide legal advice to both parties in the same or a related matter.

Customer Relationship Management System (CRM) The electronic database that records LawAccess NSW’s interactions with customers and which contains the LawAccess NSW Referral Database.

Information Officer – Legal (IOL) An information officer employed by LawAccess NSW to answer inbound calls. For the purposes of this policy a reference to an IOL includes an Information Assistant - Legal.

Department NSW Department of Justice.

LawAccess NSW Referral Database A database of assistance services that can assist people with legal and related problems. The database can be searched by agency name, subject matter and location. It is part of the CRM.

LawAccess website It can be used to search for plain language legal information including fact sheets and guides to the law.

Representing yourself An online resource developed and maintained by LawAccess NSW, with information, practical guides and tools for people who are representing themselves in a NSW court or tribunal. Representing Yourself is located in the LawAccess website.

Legal Advice Advice given to a customer by a legal officer that is based on a full consideration of the particular facts provided by the customer and an assessment of whether, or how, the law might apply in their particular case. It includes:

helping a customer to select between options for resolving a legal problem

providing minor assistance to a customer, such as completing an application form or drafting correspondence

advising a customer about their legal liability in a given situation

advising a customer about the likely outcome and or results of a particular course or courses of action

advising a customer what a court may say in a given situation

interpreting legislation

offering or applying a solution to a customer’s enquiry or problem.

Legal Advice Group (LAG) Legal officers working in LawAccess NSW.


Legal Advice Session Legal advice to a customer of LawAccess NSW.

Legal Information Group (LIG) IOLs, AIOLs, team leaders and the managers of that group.

Legal Information Information provided to customers from authorised resources that provide explanations of the law, or information about where a customer can get legal advice or further assistance.

Legal Officer A solicitor holding a current practising certificate and employed by LawAccess NSW to provide legal advice.

Minor assistance includes:

assisting a customer to draft a short and simple letter (such as a letter of demand, or a letter in response to a letter of demand)

contacting an assistance service on behalf of the customer to organise an appointment and/or briefing the assistance service on the customer’s needs (where the customer is genuinely unable to do this for themselves)

assisting a customer complete a form

contacting another party on behalf of the customer if it appears that this may help clarify an issue or resolve the problem.

Policy LawAccess NSW Policy and Service Standards Manual.

Referral Providing information about an assistance service.

Service Delivery How services are provided by LawAccess NSW staff to customers.

Specialist Service A service that has expertise in an area of law, or provides a form of assistance that requires expert knowledge or skills.

Team Leader A LawAccess NSW staff member who is appointed as a LIG or LAG Team Leader, and supervises staff who work in those groups.

Third Party Someone who is not the person with the actual legal issue. They may be seeking assistance on behalf of the person with the legal issue, and / or be providing a support role to that person.


4 Service standards

4.1 LawAccess NSW service LawAccess NSW is a free government telephone service that provides legal information, referrals and in some cases advice, for people who have a legal problem in NSW. LawAccess NSW also provides legal information online through its website.

4.2 General principlesCustomers are entitled to expect the assistance they receive from LawAccess NSW is accurate, reliable, appropriate to their enquiry and delivered in a professional manner.

LawAccess NSW staff will:

ensure that they understand and acknowledge customers’ expectations

be flexible in their approach when assisting customers, including priority customers

send legal information resources to customers by fax, post or email to reinforce the customer’s understanding of their options

not disclose information about a customer to a third party without their express permission to do so in accordance with the Department’s Code of Conduct regarding the use of confidential or sensitive information obtained in the course of their employment.

When providing legal information and referrals, Legal Information Group staff will:

inform the customer that they are not a lawyer and cannot give legal advice

provide customers with options for assistance

provide all customers with accurate, relevant and timely legal information, assistance or referral

source all information provided to the customer from authorised resources.

When providing legal advice, Legal Advice Group staff will only provide:

legal advice - LawAccess NSW does not provide any other form of advice to customers, such as financial and emotional counselling, advocacy or support

advice if they have the appropriate knowledge and training to advise in that area - this is to ensure customers obtain accurate and appropriate legal advice.

4.3 Flexible service deliveryStaff will be flexible when assisting customers and will use various strategies to address the individual needs of each customer. For example:

Customers from Culturally and Linguistically Diverse (CALD) backgrounds:


o Customers who speak a language other than English can use the Translating and Interpreting Service (TIS)

o A customer may ask to speak to a staff member of a particular gender for cultural reasons.

Customers who are deaf, hard of hearing or have a speech impairment:o Customers can contact LawAccess NSW through the National Relay Service.

Aboriginal customers:

o All customers are asked if they are Aboriginal.

o If a customer identifies as being Aboriginal they will have the option of speaking with an Aboriginal IOL. If the customer is receiving legal advice, they will have the option of being supported by an Aboriginal IOL when they receive advice from the legal officer.

4.4 Compliments and ComplaintsLawAccess NSW is committed to addressing and reporting customer compliments and complaints.

Complaints will be dealt with in accordance with the Department’s Complaints Handling Policy.

4.5 Customers exhibiting challenging behavioursLawAccess NSW recognises that some customers may have a disability that affects their thought processes, perception of reality, emotions or judgment or that result in disturbed behaviour.

Staff members will adopt flexible service delivery and effective communication strategies including showing respect to the customer, clarifying the role of LawAccess NSW, checking understandings, listening actively, staying calm, and providing assistance as required to customers exhibiting challenging behaviours.

LawAccess NSW recognises that some customers may feel frustrated about their legal matter. Some customers may vent their frustration with the use of rudeness, inappropriate language, shouting or making threats.

Staff members will adopt effective strategies to defuse customer anger. If the behaviour persists, the staff member will ask the customer to stop the behaviour while advising the customer that if the behaviour persists, the staff member may terminate their call.

4.6 Tape-recording of callsLawAccess NSW does not consent to customers tape-recording any calls with LawAccess NSW staff. Recording the conversation without the consent of LawAccess NSW can constitute a criminal offence1. If staff believes a customer is tape-recording a call, the

1 Under the Surveillance Devices Act 2007, it is an offence to knowingly install and use listening devices to record private conversations without the other person’s consent (subject to some exceptions in the Act).


customer will be asked to stop recording the call or risk their call being terminated by the staff member.

LawAccess NSW does use call monitoring for quality assurance and training purposes, but only where the customer gives their permission. If the customer asks that the call not be recorded, the staff member will turn the recording off.

Customers may request access to recorded calls under the Government Information (Public Access) Act 2009 (NSW) (GIPA). Any such request should be forwarded to the Department of Justice GIPA coordinator, and will be dealt with in accordance with GIPA policy and procedures.

If a customer wants the call recording deleted, they can submit a request in writing to the Director, LawAccess NSW.

4.7 Customers researching the services provided by LawAccess NSW

Customers will be referred to the LawAccess NSW and Justice NSW websites, to research the services provided by LawAccess NSW.

Callers from an Assistance Service will be referred to the Service Development Group Manager.

4.8 Customers seeking information for study purposesCustomers will be referred to Find Legal Answers, the LawAccess NSW and Justice NSW websites to conduct research for school, university or other study purposes.

Customers can also be referred to the Find Legal Answers Toolkit in NSW public libraries.

4.9 Media enquiriesAll media enquiries will be directed to the Department’s Media Spokesperson.


5 Providing legal information

5.1 Who will be assisted by the Legal Information GroupLegal Information Group staff will assist all customers who telephone LawAccess NSW for information and/or referrals.

Where a customer does not live in NSW, or is not affected by NSW laws or a NSW legal matter, Legal Information Group staff will make reasonable attempts to refer the customer to an appropriate service in the customer’s local area or state.

5.2 Eligibility for further assistance from Legal Aid NSW or pro bono schemes

Staff will assess whether a customer may be eligible for further assistance by:

Legal Aid NSW

the Pro-Bono Service of the Law Society of NSW

the Legal Assistance Referral Scheme of the NSW Bar Association

Justice Connect

Public Interest Advocacy Centre.

If staff assess that a customer may be eligible, they will refer the customer to that service for further assistance.

5.3 Customers with multiple legal issues

Where customers have multiple legal issues staff will:

assist customers to explore which issue may be the most urgent

decide whether all of the issues can be addressed in a single telephone call

decide whether some information will be provided on the telephone, the rest by way of written legal information or by referral to the Legal Advice Group or another assistance service.

5.4 Assistance with completing formsStaff will provide assistance to customers requiring assistance completing Legal Aid Application forms.

When customers require assistance completing forms other than a Legal Aid Application form, staff will refer customers to:

the organisation that will process the form

the relevant court registry

a legal advice service, where legal advice is required to complete the form


Representing Yourself, where relevant.

5.5 Customers seeking information and referrals on behalf of another person

Where possible, Legal Information Group staff will attempt to speak directly with the customer affected by the issues being discussed.

Staff can provide information and referrals to a third party if:

the affected party is unable to get to or use the telephone

the affected party is in danger

the affected party is too distressed to speak on the telephone.

If staff provide information to the third party, they will recommend that the person affected by the legal issue call us for assistance. This is to ensure relevant information is provided that addresses their legal issues.

If staff have difficulty understanding the customer’s enquiry, they may ask if they have a support person who is available to assist them now. If there are language barriers, staff will use the Telephone Interpreter Service (TIS) to assist the customer, with their consent.

Staff must obtain the customer’s consent before they speak with the support person.

Where a State or Federal Police Officer calls on behalf of a customer who is in their custody, staff will transfer this call to the Legal Advice Group for legal advice.

5.6 Obtaining customer details Legal Information Group staff does not need a customer’s personal details to provide them with information. Staff will ask for non-personal demographic details in order to assist the legal sector to better meet the legal needs of customers in NSW.

Where a customer is referred to the Legal Advice Group or where they request information to be sent by email or post, the staff member will seek their permission to collect their personal details.

Where a customer is referred to the Legal Advice Group, staff must request the personal details of all concerned parties to the legal matter to avoid any conflict of interest situation.

The information collected from the customer is recorded on the LawAccess NSW CRM.


6 Providing legal advice

6.1 Legal adviceLegal officers provide legal advice over the telephone. LawAccess NSW does not provide face-to-face advice, representation in court or other general advocacy services.

6.2 Authority to provide legal adviceNo legal officer at LawAccess NSW has authority to provide ‘advice’ on any matter other than ‘legal advice’.

Legal advice may only be provided by staff employed as a legal officer at LawAccess NSW.

Any staff member who provides ‘advice’ or ‘legal advice’ in contravention of this policy may be dealt with under the Department’s Managing Unsatisfactory Performance Procedure and relevant legislation.

6.3 When legal advice will be providedThe Legal Advice Group provides legal advice where all of the following conditions are met:

the customer has a NSW legal matter - this means that the customer is:

o living in New South Wales and is affected by the laws of NSW or the Commonwealth

o living in Australia and is affected by the laws of NSW’

o calling from overseas and is affected by the laws of NSW (or the Commonwealth if there are proceedings before a court or tribunal in NSW), or

o living in Australia and has a current Commonwealth legal matter before a court located in NSW.

the customer is a priority customer (see Clause 6.4 of this Policy).

the customer or their situation does not fall within Clause 6.5 of this Policy.

the customer’s matter does not fall within the areas of law in Clause 6.6 of this Policy.

the Legal Advice Group has capacity to provide such legal advice - rom time to time the LAG may have:

o additional capacity, such that legal advice can be provided to customers who are not priority customers, or

o reduced capacity, such that advice cannot be provided to all priority customers.

6.4 Priority CustomersCustomers with particular difficulties or who are disadvantaged in obtaining legal services will have priority in receiving legal advice from LawAccess NSW.

LawAccess NSW priority customers are customers who:


have experienced or are experiencing domestic, family or sexual violence

live in regional, rural or remote areas

are Aboriginal or Torres Strait Islander

have a disability

are an older person

are from Culturally and Linguistically Diverse (CALD) backgrounds

have low levels of literacy

are concerned about a child at risk of physical or psychological harm

are concerned about a child who has been or may be removed by FACs Community Services

are concerned about a child who has been, or is at risk of being, taken out of Australia

are homeless

are at risk of losing their home (due to mortgagee repossession or tenant / boarder / lodger eviction)

are calling from interstate or overseas

have been or may be contacted by police in relation to a criminal investigation

are in police custody

are an inmate in a correctional facility

have a warrant out for their arrest

have been conflicted out of legal aid or their local community legal centre.

Where a customer does not live in NSW or is not affected by NSW laws, staff will make reasonable attempts to refer the customer to an appropriate service in the customer’s local area or state.

LawAccess NSW will refer customers to specialist legal advice services where this is appropriate. This is to try and ensure the best outcome for customers and to prevent duplication of services.

6.5 When legal advice will NOT be provided LawAccess NSW legal officers will not provide legal advice to a customer where:

the subject matter of the customer’s enquiry falls outside the expertise of the LAG

the customer requires complex legal advice or legal representation

the customer has documents which need to be sighted for legal advice to be provided, unless LAG staff determine it is appropriate

the customer wants advice about appealing a court or tribunal decision, judgment or order


there is an existing specialist legal advice service and the customer’s enquiry is more appropriately and completely addressed by that service

the customer has already obtained legal advice from a solicitor and is seeking a second opinion

the customer is a business (or an employer in a business) that has the financial ability to obtain legal advice from a private solicitor

the customer is an individual with the financial ability to obtain legal advice from a private solicitor

where the legal issue relates to an investment property.

6.6 Areas of law in which legal advice will NOT be providedLawAccess NSW legal officers will not provide legal advice in the following areas of law:

commercial contracts involving business, including insurance contracts

commercial or business leases (including commercial building and construction contracts)

franchise agreements

local planning instruments and complex development application disputes

business taxation matters, such as tax minimisation schemes and financial management plans (where tax minimisation is one of the objectives)

drafting, reviewing or advising on complex wills and probate documents

defamation matters (excluding minor neighbourhood disputes)

land rights claims

conveyance

caveats

immigration law

workers compensation

personal injury law, including medical negligence

professional negligence

family provision claims in relation to a deceased estate.

There may be other legal matters where legal officers cannot give legal advice, for example if they do not have the expertise or training.

6.7 Where no free legal advice is availableWhere a customer cannot obtain free legal advice because:


LawAccess NSW does not have the available expertise to provide a customer with free legal advice, and/or

there is no other legal advice service able to provide free legal advice for the customer’s enquiry, and/or

the customer is unlikely to be eligible for pro bono assistance.

LawAccess NSW staff will:

tell the customer that no free service is available

explain the role of the Legal Information Access Centre (LIAC) and refer customers to a LIAC service, and/or

refer the customer to the Law Society Solicitor Referral Service if the customer can afford a private solicitor.

6.8 Number of legal advice sessions providedCustomers referred to the Legal Advice Group will generally be given one legal advice session per enquiry.

A legal officer or LAG team leader may exercise discretion to provide more than one legal advice session where this is appropriate to resolve the customer’s enquiry, or is a more efficient method for delivering a service.

6.9 Written Legal AdviceLawAccess NSW does not provide legal advice in writing, unless there are exceptional circumstances.

‘Exceptional circumstances’ may exist where a customer:

is having or would have difficulty understanding oral advice or ordering their thoughts in the timeframe of a telephone call; or

has a speech or hearing impairment and does not have access to or is unable to use the National Relay Service.

The LAG Team Leader or the Legal Services Manager will decide whether exceptional circumstances exist.

6.10 Customers seeking advice on behalf of another personLegal officers will not provide legal advice to a third party, unless there are exceptional circumstances.

‘Exceptional circumstances’ may exist where:


a child needs legal advice and the third party is their parent or guardian, and it is in the best interests of the child to provide legal advice to the parent or guardian;

a third party is assisting a person who is unable to access the legal system (such as a carer, friend or relative of a person with a disability or a person who is homeless) or

third party is calling on behalf of a person who is distressed and unable to speak to the legal officer; and:

the person has provided their consent to the third party obtaining the legal advice on their behalf, and

it is in the best interests of the person to provide legal advice to the third party.

‘Exceptional circumstances’ may also exist where:

a court or tribunal has granted consent or authority to that third party

a third party is appointed as an attorney under an Enduring Power of Attorney which has been provided to LawAccess NSW.


7 Referring customers to external services

7.1 ApplicationThis Part sets out when customers will be referred to specialist legal services, private solicitors, or other legal or non-legal assistance services.

7.2 When customers will be referred to other servicesCustomers will be referred to other legal and related services where:

there is a specialist legal service, or government department that can provide expert assistance

it is more appropriate that the customer be referred to a private solicitor because there are no government or specialist services that provide assistance in these areas of law

the criteria for referral to the NSW Bar Association’s Legal Assistance Referral Scheme or the Pro Bono Scheme of the Law Society of NSW are met

customers have non-legal problems and require other types of specialist assistance, or

the criteria for referring the customer to the Legal Advice Group are not met.

When considering a referral to a private solicitor or assistance service, staff will assess whether:

a referral to a private solicitor is appropriate

a Legal Aid NSW or pro bono service is available

a government or specialist legal or related service appropriate to the customer’s enquiry (not including a community legal centre) is available, and

a community legal centre can assist.

7.3 Referral DatabaseLawAccess NSW maintains a referral database with information about assistance services provided by that service.

When making a referral to an assistance service LawAccess NSW staff will rely on the information recorded on the LawAccess NSW Referral Database.

Staff will record the referral(s) on the CRM.

7.4 Referring customers to private solicitors.LawAccess NSW staff will refer customers to private solicitors through the Law Society Solicitor Referral Service (SRS).

LawAccess NSW staff process referrals to the SRS using an online ‘e-referral’ form.


If the need for referral is urgent, LawAccess NSW staff can provide the SRS phone contact details to the customer so that they can seek referrals directly from the SRS.

LawAccess NSW staff cannot (and must not) refer customers to specific law firms or private legal practitioners. All referrals to private solicitors are made through the SRS.


8 Document informationTitle: Policy and Service Standards Manual

Business Centre: LawAccess NSW

Author: Emma Keir – Legal Services Manager

Approver: Janet Wagstaff – Director

Date of Effect: 18 June 2012

Next Review Date: 10 July 2020

File Reference: S:\Workgroup\Managers\Policies and Procedures\2019 Review

Key Words: Policy, standards, service, manual

Notes: This document was adapted from the LawAccess Policy, Procedure and Service Standards Manual v.3.3, originally authored by Lauren Finestone


9 Document historyVersion Date Reason for Amendment

1 18 June 2012 Adapted from Policy, Procedure and Services Standards Manual v.3.3

2 28 November 2014

Various updates to reflect current policyAmended references to IOL, AIOL, removed Graduate LOAmended 4.5 – new 4.5.1 and 4.5.2Amended title 4.5 Angry, abusive and threatening customers to 4.5 Customers exhibiting challenging behaviours on advice from Disability Advisory CouncilAmended 4.6.2.Added 4.6.3 and 4.6.4.Removed duplication in clause 6Renamed version 1.1 – version 1 (and this version 2

3 11 December 2014

Update formatting for accessibility

4 11 May 2017 Scheduled reviewReformatted in line with Department’s publications guideVarious minor updates to reflect current policyReferences to ‘LawAssist’ replaced with ‘Representing Yourself’’

4.1 20 June 2018 Updated NSW Government logo on title page to comply with NSW Government Branding Guidelines 2017

5 11 July 2019 Updated formattingAmended 4.3 added customers who are deaf, hard of hearing or have a speech impairment, to be consistent with website contentAmended 6.4 – removed customers at risk of harm and intend to commit an offence and added older person as a priority customer.


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