Policies
3. Delegation Instrument
3.22. Making certain decisions about costs and moneys under sections 40, 41, 43, 43A, 43B, 44 & 45
Item | Delegated Officer | |
22.1 | Requiring a private legal practitioner acting for a legally assisted person to assess or tax costs under s 40. | Grants Officer Grade 5-6 |
22.2 | Giving approval under s 41 to a private legal practitioner to demand and receive payments from a legally assisted person, or any other person on behalf of a legally assisted person. | Director Grants |
22.3 | Determining whether an application is to be made to a Court or Tribunal for orders for the payment of costs by a legally assisted person under s 43. | Director Grants |
22.4 | Deferring under s 43A(1)(a) the payment of costs to a private legal practitioner pending the recovery of party/party costs. | Grants Officer Grade 5-6 Solicitor Grade I-III Grants |
22.5 | Deferring under s 43A(1)(b) and (c) payment of costs to a private legal practitioner until the conclusion of any official investigation, or the completion of any criminal or disciplinary proceedings. | Director Grants Deputy CEO |
22.6 | Refusing under s 43A(2) to make payment of any fees to a private legal practitioner if any allegation referred to in s 43A(1)(b) is substantiated in any criminal or disciplinary proceedings. | Director Grants |
22.7 | Approving an application under s 43B to a court/tribunal for an order that a panel practitioner repays money to Legal Aid NSW. | Director Grants |
22.8 | Directing under s 44 a legally assisted person to pay moneys to Legal Aid NSW and to account for those moneys. | Grants Officer Grade 5-6 Solicitor Grade IV Grants |
22.9 | Directing under s 45 a legally assisted person to assign his/her right to recover moneys and to recover moneys where the right to recover moneys has been assigned to Legal Aid NSW. | In-house solicitor with carriage of the matter |