Annual Report 2018 - 2019
Appealing decisions about legal aid
Independent reviews of decisions made by Legal Aid NSW ensure procedural fairness for our clients.
Six independent Legal Aid Review Committees (LARCs) review decisions made by Legal Aid NSW to ensure procedural fairness to our clients. Their work is facilitated by the Legal Aid Review Committee Secretariat in the Legal Aid NSW In-house Counsel Unit.
The committees are established under the Legal Aid Commission Act 1979 (NSW). They determine appeals relating to legal aid applications that have been refused and grants of legal aid that have been terminated. The work of the committees is integral to the Legal Aid NSW appeal process. Committee members helped deliver excellent outcomes for Legal Aid NSW clients in 2018–19, and their work builds confidence in the integrity of our decision-making.
Legal Aid Review Committee members as at 1 January 2019
Legal Aid Review Committee One
- Lucy Pinnock
- Brett Thomson
- Helen Sims
- Jeremy Styles
- Jane Sanders
- Andrew Boog
- Maria Good
- Anna Buduls
Legal Aid Review Committee Two
- Peter Robinson
- Kathleen Hainsworth
- Stephanie Koch
- Simon Buchen SC
- Paul Blacket SC
- Anne Healey
- Pauline Mueller
- Rita Zammit
Legal Aid Review Committee Three
- Kim Garling
- Alexandra Brown
- Jessica Kavanagh
- Pauline David
- Jon Prowse
- Thea Heness
- Miranda Tunica
Family Law Legal Aid Review Committee One
- Penny Csenderits
- Anthea Tomlin
- Leanne Spencer
- Clyllyn Sperling
- Cassie Banks
- Tessa Kelman
- Donald Sword
- Lina Rapone
Family Law Legal Aid Review Committee Two
- Nick Mitrevski
- Johanna Geddes
- David Nguyen
- Mark Whelan
- Gemma Slack-Smith
- Paul Guterres
- Melanie Faithful
- Kathleen Lamoureu
Family Law Legal Aid Review Committee Three
- Michael Granziera
- Cheryl Drummy
- Nicole Hailstone
- Terese Messner
- Martha Barnett
- Kayte Lewis
- Stephen van der Mye
- Stephen Stuart
Decrease in appeals allowed
We recorded a significant drop in appeals allowed this year compared with previous years. This may be due to organisation-wide participation in continuous business and quality improvements to Legal Aid Review Committee processes and reporting.
Appeals and outcomes 2018–19
| Law type | Allowed | Disallowed | Deferred | Not appellable | Withdrawn | Total appeals | Appeals allowed |
|---|---|---|---|---|---|---|---|
| Civil | 4 | 102 | 0 | 0 | 0 | 111 | 2.7% |
| Criminal | 18 | 191 | 16 | 55 | 1 | 287 | 5.9% |
| Family | 25 | 591 | 36 | 0 | 1 | 665 | 3.9% |
| Total | 46 | 882 | 51 | 72 | 12 | 1,063 | 4.3% |
Appeals and outcomes over five years
| Review outcome | 2014–15 | 2015–16 | 2016–17 | 2017–18 | 2018–19 |
|---|---|---|---|---|---|
| Appeal allowed | 59 | 60 | 65 | 66 | 46 |
| Appeal disallowed | 999 | 879 | 878 | 822 | 882 |
| Deferred | 25 | 14 | 19 | 14 | 51 |
| Not appellable | 72 | 36 | 58 | 48 | 72 |
| Withdrawn | 4 | 180 | 29 | 24 | 12 |
| Total | 1,149 | 1,169 | 1,049 | 974 | 1,063 |
The year ahead
- We will continue to implement reforms to Legal Aid Review Committee processes, including through a review of how we communicate with clients when we refuse their applications for grants of legal aid.
- We will improve business practices in the management of applications made under information and privacy legislation.