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6. Civil law matters - when legal aid is available

6.20A. Review of decisions under the National Disability Insurance Scheme Act 2013

6.20A.1 Representation in the Administrative Appeals Tribunal

Legal aid is available for representation in the Administrative Appeal Tribunal (AAT) for review of a reviewable decision under the National Disability Insurance Scheme Act 2013.

For legal aid to be granted for this type of matter the following tests must be satisfied:

  • the matter meets Guideline 3.18,
  • the Availability of Funds Test, and
  • the applicant has lodged an appeal application with the AAT.

See Guideline 3.18.

6.20A.2 Appeals from the Administrative Appeals Tribunal

Legal aid is available for an appeal from the Administrative Appeals Tribunal in relation to a reviewable decision under the National Disability Insurance Scheme Act 2013.

For legal aid to be granted the following tests must be satisfied:

Legal aid must be satisfied that in appealing from the decision of the Administrative Appeals Tribunal:

  • there is a strong prospect of substantial benefit being gained by the applicant, and
  • the public interest would be significantly advanced if the applicant was represented.

See Civil Law Guideline 3.2 on requirements to attend ADR.

See Civil Law Guideline 3.8 on grants of aid for test cases.

See Civil Law Guideline 3.11 on applying tests in Commonwealth matters.

Date last published: 20/08/2019