Legal Representation Guidelines

EDO NSW has guidelines to help determine the circumstances in which it can assist the public beyond initial telephone advice.

Guidelines for provision of legal representation by EDO NSW

EDO NSW will consider acting for you if it is of the opinion the matter involves a public interest environmental issue.

In determining this, EDO NSW needs to be satisfied that the issue has significance beyond the material or financial interests of a particular individual or group and will also have regard to relevant matters, such as whether:

• the issue involves a real threat to the environment; or
• engagement in the issue has the capacity to result in good environmental outcomes; or
• the issue concerns the manner in which the environment is regulated, now and into the future and across all areas of government; or
• the issue raises matters regarding the interpretation and future administration of statutory provisions.

Having determined the matter is a public interest environmental issue, EDO NSW may act for you provided EDO NSW has the human and financial resources to properly act in the matter.

If the matter involves litigation, EDO NSW will need to be satisfied that:

• the matter has reasonable prospects of success; and
• there is utility or value in commencing proceedings.

In considering any application, EDO NSW will also have regard to the financial means available to the applicant.