CTHRepealedAct
Law Enforcement Integrity Commissioner Act 2006
103Person may apply for legal and financial assistance
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#### 103 Person may apply for legal and financial assistance
(1) A person who is summoned under section 83 to attend a hearing before the Integrity Commissioner may apply to the Attorney‑General for assistance in respect of:
(a) his or her attendance at the hearing; or
(b) his or her representation at the hearing by a legal practitioner.
> Note 1: A person summoned to appear as a witness at a hearing is entitled to be paid allowances for travelling and other expenses prescribed by regulations: see subsection 83(5).
> Note 2: A person may also apply for assistance in respect of an application to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) under the Administrative Decisions (Judicial Review) Act 1977 for an order of review in respect of a matter arising under this Act: see section 221.
(2) A person who:
(a) is not giving evidence at a hearing before the Integrity Commissioner; and
(b) is being represented at the hearing by a legal practitioner with the consent of the Integrity Commissioner;
may apply to the Attorney‑General for assistance in respect of that representation.
> Note: A person may also apply for assistance in respect of an application to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) under the Administrative Decisions (Judicial Review) Act 1977 for an order of review in respect of a matter arising under this Act: see section 221.
(3) If a person applies under subsection (1) or (2), the Attorney‑General may, if he or she is satisfied that:
(a) it would involve substantial hardship to the person to refuse the application; or
(b) the circumstances of the case are of such a special nature that the application should be granted;
authorise the Commonwealth to provide the person with legal or financial assistance, determined by the Attorney‑General, in respect of:
(c) the person’s attendance at the hearing; or
(d) the person’s representation at the hearing by a legal practitioner.
(4) Legal or financial assistance may be given:
(a) unconditionally; or
(b) subject to such conditions as the Attorney‑General determines.
(5) An instrument that determines the conditions on which legal or financial assistance may be given is not a legislative instrument.