Policies
13. Legal Aid Review Committee Appeals
13.4. When there is no right to appeal to a Legal Aid Review Committee
The following circumstances set out when a legally assisted person or a legal aid applicant cannot appeal a decision in relation to a grant of legal aid.
13.4.1 Not satisfying the Means Test in certain types of matters
There is no right of appeal against a decision to not grant legal aid because the applicant does not satisfy the means test if the application for legal aid is for:
- a Local Court criminal offence, or
- representation of a prisoner at
- visiting justices proceedings
- Parole Authority hearing
- a life re-sentencing application, or
- review of segregation directions.
See ss34(3)(b) and 56(1A) of the Act.
13.4.2 Contributions in Local Court criminal matters
There is no right of appeal against a decision requiring a legally assisted person to pay a contribution towards costs of providing legal aid if the application is for Local Court proceedings involving a criminal offence.
See Act chapter at s56(1A)(b) of the Act
13.4.3 Fees on a lump sum basis
There is no right of appeal against a decision to pay a private legal practitioner a lump sum fee, as this is not a condition or variation of a grant of legal aid.
See s34C of the Act.
13.4.4 Representation
There is no right of appeal against a decision to provide representation to a legally assisted person by an in-house legal practitioner by a Community Legal Centre (CLC) or by arranging the services of the Public Defender or by nominating a specified private legal practitioner.
See s12, s34(4A) and 56(1AA) of the Act.
See Representation chapter for policy on allocating and assigning matters between in-house and private legal practitioners.
Date Last Published: 22/12/2016