36Reconsideration of decision

36 Reconsideration of decision (1) If a decision has been made— (a) refusing to treat an application for legal assistance that does not comply with all the requirements of section 25 (1) as having been duly made; or (b) refusing to provide legal assistance under this Act; or (c) refusing to provide legal assistance under this Act of the nature, or to the extent, applied for; or (d) imposing a condition on the provision of legal assistance under this Act or varying adversely to a legally assisted person a condition so imposed; or (e) requiring an applicant for legal assistance to pay expenses incurred by an officer of the commission in making inquiries, or obtaining, reports or advice, to decide an application for legal assistance; or (f) terminating the provision of legal assistance under this Act; or (g) altering the nature or extent of legal assistance provided to a person under this Act; or (h) determining, under section 33 (2), an amount payable by a legally assisted person; or (i) directing a legally assisted person to take specified action to recover an amount that is recoverable by that person in respect of a matter in which legal assistance was given; or (j) directing a legally assisted person to assign to the commission the person’s right to recover an amount that is recoverable by the person in respect of a matter in which legal assistance was given; or (k) refusing to pay the whole or part of any amount that the commission has been requested to pay under section 34; or (l) refusing to allow, under subsection (7), the period applied for by a person making application for a longer period within which to request the reconsideration or review of a decision to which that paragraph applies; the legally assisted person, or the person who applied for legal assistance or for the payment, may, by notice in writing to the commission, request that the decision be reconsidered. (2) If a decision has been made under section 31 (2) that a legally assisted person’s private legal practitioner be directed to pay to the commission an amount payable by the legally assisted person, the practitioner may, by notice in writing to the commission, request that the decision be reconsidered. (3) Subsection (2) shall not be taken to limit the operation of subsection (1). (4) If a notice requesting that a decision be reconsidered is received by the commission, the decision shall be reconsidered— (a) if the decision was made by the commission—by the commission; or (b) if the decision was made by an officer of the commission—by an appropriate officer of the commission in accordance with arrangements made or approved by the chief executive officer; and may either be confirmed or varied. (5) If a decision is confirmed or varied following a reconsideration of the decision under subsection (4), the person who requested the reconsideration may, by notice in writing to the commission, request the commission to refer the decision, or the decision as varied, as the case may be, to a review committee for review and the commission shall comply with any such request. (6) Subject to subsection (7), a request by a person for reconsideration or review of a decision (being a decision made after the commencement of this subsection) shall be made before the expiration of the period of 28 days after the person received notice of the decision or of the reconsidered decision (as the case may be). (7) If the commission is satisfied that the failure to make a request within the period specified in subsection (6) was due to a reasonable cause, it may extend that period by a further period not exceeding 28 days. (8) A person who applies for an extension of the period specified in subsection (6) shall specify the ground on which the application is made.