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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


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