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6. Legal Aid Review Committee Appeals

6.6. Where the Legal Aid Review Committee has deferred making a decision

6.6.1 Introduction

There are times when the Legal Aid Review Committee is unable to come to a decision in relation to a particular appeal because it requires additional information. In such situations, the Legal Aid Review Committee defers making a decision and the matter is referred back to the Legal Aid Review Committee Secretariat so that the additional material can be requisitioned within a time specified by the Committee.


6.6.2 Role of the Legal Aid Review Committee Secretariat when a Committee has deferred a decision

In a situation where a Legal Aid Review Committee has deferred an appeal, the Legal Aid Review Committee Secretariat will:

  • notify the in-house or assigned practitioner (and where applicable, the appellant) advising them of the deferral
  • if requesting advice in relation to merit, notify the Grants Divisions
  • scan and attach any hard copy paper documents generated as part of the Legal Aid Review Committee process to the ATLAS file if not attached already
  • retain all relevant paperwork in the matter


6.6.3 Role of the Grants Division upon receipt of further information

The requested information will be received by the Grants Division. Once it is received, a Grants solicitor will re-determine the decision based on the new information provided.

Under s56(1B) of the Legal Aid Commission Act 1979 (NSW), an appeal lapses when aid has been granted on a re-determination.

If the Grants solicitor decides to reverse the original decision, they must:

  • notify the Legal Aid Review Committee Secretariat of the reversal; and
  • scan and attach to the file all documents received.

If the Grants solicitor decides not to reverse the decision, they must:

  • scan and attach to the file all documents received
  • forward the additional information received to the Legal Aid Review Committee Secretariat in hard copy format with an attached memorandum briefly explaining what is included in the material, what appeal it relates to, and the name of the Legal Aid Review Committee (No. 1, 2, or 3 or the Family Law Review Committee No 1 or 2) to which the appeal is to be resubmitted.


6.6.4 Where no response has been received to a requisition for further information

If the information requested is not received within:

  • the timeframe set by the Committee (usually six weeks), or
  • within reasonable time,

a Grants solicitor will be assigned the task of sending a follow-up letter to the appellant/legal practitioner.

If the information still does not arrive as requested, a Grants solicitor will inform the Legal Aid Review Committee Secretariat of this development.

The Legal Aid Review Committee Secretariat will then refer the appeal back to the Legal Aid Review Committee with an attached memorandum outlining the events and current status.


6.6.5 Appeal withdrawn by appellant

If the Grants Division is informed about a withdrawal of an appeal the Grants solicitor assigned the task must inform the Legal Aid Review Committee Secretariat of the withdrawal so that the matter can be tabled and noted by the Legal Aid Review Committee.


Date Last Published: 31/01/2017