Policies
13. Legal Aid Review Committee Appeals
13.3. The types of decisions that can be appealed to a Legal Aid Review Committee
13.3.1 What types of decisions can an applicant for legal aid or a legally assisted person appeal?
Under s56 of the Act, a legal aid applicant or a legally assisted person can appeal the following decisions:
- a determination or redetermination, of an application under s34 of the Act;
- the variation of a grant of aid determined under s38 (1) of the Act;
- the redetermination of a variation of a grant of legal aid which terminates the grant of aid under s38 (1AA) of the Act; or
- a decision to decline payment of the whole or any part of costs under ss47 (4) or (4A) of the Act.
There are, however, a number of exceptions to these provisions. See 13.4 for a list of decisions that do not carry a right of appeal to a Legal Aid Review Committee.
13.3.2 What is a variation of a grant of legal aid?
A grant of legal aid may be varied by:
- terminating a grant of legal aid, or
- changing the nature and extent of the legal aid by
- making the grant subject to certain conditions or an additional condition, including requiring a legally assisted person to pay a contribution, or
- changing a condition of the grant of legal aid, including the amount of a contribution.
See Act Chapter on s38 for commentary on terminating legal aid.
Legal Aid NSW officers authorised under the Delegation Instrument can terminate a grant of legal aid.
Date Last Published: 22/12/2016