Appeal a Legal Aid decision

Introduction

Under s 56 of the Legal Aid Commission Act 1979 (NSW) (the Act), an applicant for legal aid may appeal to the Legal Aid Review Panel (LARP) against a decision to refuse legal aid, to terminate legal aid, or against a condition of a grant of aid.

Not all decisions can be appealed. Section 56(2) of the Act sets out decisions that cannot be appealed, which includes decisions about who represents you.

How do you appeal?

Your appeal must be in writing, should set out the reasons for the appeal and should include your legal aid reference number, e.g. 25C012345.

You can appeal by filling in the Legal Aid Review Panel appeal form (PDF, 51 kb), or by writing a letter, or by sending a fax or email to Legal Aid NSW. You will find the address and other contact details on your refusal/termination letter.

Is there a time limit?

You must lodge your appeal and any supporting documents within 21 days of receipt of the decision.

How long will it take?

First, a Legal Aid NSW officer will consider your appeal. If that officer disagrees with the original decision, we will let you know within 14 days that your appeal has been successful, and your grant of aid approved or reinstated.

If the officer agrees with the original decision, your appeal will be referred to the LARP. It may take LARP up to six weeks to consider your appeal. You will be notified in writing of the outcome of your appeal to LARP.

What if you're going to court soon?

If you have appealed or intend to appeal, you can apply to the court or tribunal to adjourn the proceedings under section 57 of the Act.

About the Legal Aid Review Panel (LARP)

LARP stands in the shoes of the original decision-maker and taking into consideration all the relevant material, determines the appellant's appeal.

Once LARP has determined the appeal, it will inform the appellant of its decision. Under section 60 of the Act, the decision of the LARP is final.

For further information, see Legal Aid Review Panel appeal policies.

For enquiries relating to an appeal against a decision of Legal Aid NSW, please call (02) 9219 5880 (select option 5) or email larp@legalaid.nsw.gov.au.

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