Guidelines
12. Terminating Legal Aid
12.10 Before terminating legal aid- notification requirements
12.10 Before terminating legal aid- notification requirements
Before legal aid is terminated, the determining officer must notify the legally aided client in writing, and:
- provide the reason(s) why termination of the grant is considered appropriate, and
- provide that person with reasonable opportunity to make submissions to Legal Aid NSW as to why the grant should not be terminated, and
- explain what, if any, costs implications may arise as a result of termination under ss 41 and 47 of the Legal Aid Commission Act 1979 (NSW).
Note: written notification is not required where:
- the matter is a Local Court criminal matter, or
- an impending hearing date makes notification impractical, or
- the legally aided person no longer wants the grant of aid, or
- the legally aided person has died or no longer has capacity, or
- it is otherwise not reasonable in the circumstances.