Redetermination

Legal Aid NSW may at any time reconsider an application for legal aid that has been refused. This process is called redetermination.

A decision may be re-determined because a legal aid applicant or legally assisted person:

• has provided additional submissions or other material to Legal Aid NSW following the making of a determination about a grant of legal aid or a decision to terminate aid; OR
• has appealed to a Legal Aid Review Committee following the making of a determination about a grant of legal aid or a decision to terminate aid.

If Legal Aid NSW receives notice of an appeal to a Legal Aid Review Committee, a Legal Aid NSW Officer will undertake a redetermination of the decision being appealed against first.

If the officer undertaking a redetermination decides that the original decision should be changed, Legal Aid NSW will inform the appellant within 14 days that the appeal has been successful.

If on the other hand the officer making the determination decides not to change the original decision, and the decision carries a right of appeal to the Legal Aid Review Committee, Legal Aid NSW will inform the appellant about the referral within 14 days.

While all decisions can be redetermined, not all decisions carry a right of appeal to a Legal Aid Review Committee. See section 12.4 of the appeal policy for a list of decisions that do not carry a right of appeal.
 

The Legal Aid Review Committee

The Legal Aid Review Committee is a voluntary advisory committee independent of Legal Aid NSW. See Schedule 7 of the Legal Aid Commission Act 1979 for the constitution and procedure of Legal aid Review Committees. See Guideline 6.11 for membership details.

Once a Legal Aid Review Committee has considered the appeal, it will inform the person who made the appeal of its decision. The decision of the Committee is final and binds both the person who has made the appeal and Legal Aid NSW.

How to appeal

A person wanting to appeal a decision about legal aid can either:

·         Fill in an Appeal Form; or

·         Write a letter setting out the grounds of appeal.

The appeal must be in writing and received by Legal Aid NSW within 28 days of the date the person received notice of their right of appeal (the relevant date will usually be when the person receives the refusal of grant letter). The Legal Aid Review Committee may allow a longer time if satisfied there are special circumstances.

The person appealing should always quote their legal aid reference number.

The legal aid applicant or legally assisted person should send the appeal by post, fax or email to the address or contact number provided on the refusal/termination letter.

How long will an appeal take?

An appeal to the Legal Aid Review Committee usually takes four to six weeks from the time of lodgement to a determination by the Legal Aid Review Committee. An appeal can take longer in certain circumstances, for example if Legal Aid NSW requires further information from the person who is making the appeal. In urgent matters (for example, where a final hearing is approaching) the time frame may be shortened.
 
Proceedings before a court can be adjourned if a person has appealed or intends to appeal to the Legal Aid Review Committee. It will be a matter of discretion for the court whether to grant an adjournment.

Legal Aid Review Committee Meeting Dates for 2009

Please note that these dates are subject to change.

2009 Family Law Legal Aid Review Committees

2009 Legal Aid Review Committees (excluding Family Law)

For more information: Please contact the Clerk of the Legal Aid Review Committee on telephone number (02) 9219 5936 or email address:

larc@legalaid.nsw.gov.au.