17In any proceeding signature of officer of VLA deemed to be signature of legal practitioner for a party to the proceeding

17 In any proceeding signature of officer of VLA deemed to be signature of legal practitioner for a party to the proceeding Where in any proceedings a document is required or permitted to be signed by a legal practitioner for a party to the proceedings who is an assisted person, the signature of an officer of VLA authorised by the Board to sign documents on behalf of VLA for the purposes of this section, shall be deemed to be the signature of the legal practitioner for that party. Pt 4 (Heading) amended by No. 10/1986 s. 9(d), substituted by No. 44/1997 Part IV—Independent reviewers S. 18 amended by Nos 10/1986 s. 9, 48/1995 s. 10(i), substituted by No. 44/1997 18 Panel of independent reviewers (1) The Attorney-General may appoint a panel of independent reviewers for the purposes of this Act consisting of— (a) an eligible person appointed as chairperson of the panel; and (b) as many other eligible persons appointed as members of the panel as are required. (2) A person is eligible to be appointed as a panel member if— S. 18(2)(a) amended by No. 15/2018 s. 33. (a) he or she is not a director of VLA, the chief executive officer or an officer or employee of VLA; and (b) he or she is a person with knowledge and experience that, in the opinion of the Attorney-General, is relevant to the functions of an independent reviewer. (3) A panel member— (a) holds office for the term (not exceeding 3 years) specified in the instrument of appointment; (b) is eligible for re-appointment; (c) is, while acting as an independent reviewer, entitled to be paid the remuneration and allowances (if any) fixed in respect of him or her by the Governor in Council from time to time. S. 18(4) substituted by Nos 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 111.3), 80/2006 s. 26(Sch. item 58.3). (4) The **Public Administration Act 2004** (other than Part 3 of that Act) applies to a panel member in respect of the office of panel member. (5) The Attorney-General may, in the instrument of appointment of a panel member, specify terms and conditions of appointment. (6) The Attorney-General may at any time remove a panel member from office. (7) A panel member may resign from office by delivering to the Attorney-General a signed letter of resignation. S. 19 amended by Nos 10/1986 ss 9(b), 10, 48/1995 s. 10(j)(i)(ii), substituted by No. 44/1997 19 Functions of independent reviewers (1) The functions of a member of the panel of independent reviewers are— (a) to exercise any powers or carry out any functions delegated to him or her by VLA; (b) when appointed by the chairperson of the panel to do so, to review decisions of VLA or of an officer of VLA or of another independent reviewer with respect to— (i) refusal to provide legal assistance of the nature or to the extent applied for; (ii) the conditions on which legal assistance will be provided; (iii) the variation or termination of legal assistance; S. 19(1)(b)(iv) amended by No. 18/2005 s. 18(Sch. 1 item 57.6). (iv) the allocation of work amongst law practices; (c) to hear and determine any matter referred to him or her under section 30; S. 19(1)(d) repealed by No. 93/1998 s. 10(2). S. 19(1A) inserted by No. 18/2005 s. 18(Sch. 1 item 57.7). (1A) For the purposes of subsection (1), VLA is deemed to be a law practice. (2) An independent reviewer may, in the interest of justice, reconsider any decision that he or she has made and vary or reverse that decision if he or she considers it necessary. S. 19A inserted by No. 10/1986 s. 11, amended by No. 48/1995 s. 10(k), repealed by No. 44/1997 S. 20 amended by Nos 10/1986 ss 9(b), 14(2), 61/1989 s. 7, 48/1995 s. 10(k), repealed by No. 44/1997 S. 21 amended by No. 10/1986 s. 9(b), repealed by No. 44/1997 S. 22 amended by No. 10/1986 s. 9(b), repealed by No. 44/1997 Part V—Provision of legal assistance 23 Applications for legal assistance S. 23(1) amended by No. 61/1989 s. 8 (as amended by No. 48/1995 s. 11(7)(a)). (1) An application for legal assistance, other than legal assistance of a class prescribed as exempted from the provisions of this subsection, shall be in writing in or to the like effect of the form approved by VLA. (2) An application for legal assistance may be lodged at or posted to— S. 23(2)(a) amended by No. 48/1995 s. 10(l). (a) any office of VLA; or S. 23(2)(b) substituted by No. 57/1989 s. 3(Sch. item 115.1(a)). (b) a venue of the Magistrates' Court. S. 23(3) amended by Nos 57/1989 s. 3(Sch. item 115.1(b)), 48/1995 s. 10(l). (3) An application lodged at or posted to a venue of the Magistrates' Court must be forwarded immediately to VLA or as VLA may from time to time direct. S. 23(4) amended by No. 48/1995 s. 10(l). (4) VLA may, in special circumstances, treat an application that does not comply with all the requirements of subsection (1) as having been duly made. S. 23(5) amended by No. 48/1995 s. 10(l). (5) An applicant for legal assistance shall furnish to VLA such information and such declarations and other documents as VLA requires for the purpose of enabling a decision to be made as to whether legal assistance should be granted in respect of the application. 24 Circumstances in which legal assistance may be provided S. 24(1) amended by No. 48/1995 s. 10(m)(i). (1) VLA may provide legal assistance to a person if— S. 24(1)(a) amended by No. 18/2005 s. 18(Sch. 1 item 57.8(a)). (a) in its opinion the person is in need of that legal assistance by reason that he is unable to afford the full cost of obtaining from a private legal practitioner the legal services in respect of which the legal assistance is sought; and (b) it is reasonable having regard to all relevant matters to provide the legal assistance. S. 24(2) amended by No. 48/1995 s. 10(m)(i). (2) In the making of a decision whether legal assistance shall be provided to a person charged with— (a) an indictable offence; (b) a summary offence in circumstances where the person could have been proceeded against for the same offence by indictment; or (c) an indictable offence which by consent has ceased to be indictable— if VLA is of opinion that it is desirable in the interests of justice that the person should have legal representation, regard shall be had only to the matters referred to in paragraph (a) of subsection (1). S. 24(2A) inserted by No. 93/1998 s. 4, amended by No. 55/2014 s. 149. (2A) In the making of a decision whether legal assistance is to be provided to a person who is subject to a supervision order under Part 5 or 5A of the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997** (including a person who is deemed to be subject to a custodial supervision order by force of clause 2 of Schedule 3 to that Act) in relation to any proceeding under that Act with respect to that supervision order, VLA is to have regard only to the matters referred to in subsection (1)(b). S. 24(3) amended by No. 18/2005 s. 18(Sch. 1 item 57.8(b)). (3) In the making of a decision whether a person is in need of legal assistance by reason that he is unable to afford the full cost of obtaining from private legal practitioners the legal services in respect of which the legal assistance is sought, regard shall be had to all relevant matters, including the following matters— (a) the income of the person; (b) the cash that is readily available to the person or can be made so available; (c) the debts, liabilities and other financial obligations of the person; (d) the cost of living in the locality in which the person resides; S. 24(3)(e) amended by No. 18/2005 s. 18(Sch. 1 item 57.8(b)). (e) the cost of obtaining the legal services from private legal practitioners; and S. 24(3)(f) amended by No. 18/2005 s. 18(Sch. 1 item 57.8(b)). (f) any other matters affecting the ability of the person to meet the full cost of obtaining the legal services from private legal practitioners— but, without limiting the generality of the preceding provision of this section— S. 24(3)(f)(i) repealed by No. 10/1986 s. 12(a). (ii) the assets and financial circumstances of a person who is involved only in a representative, fiduciary or official capacity— shall not be taken into account as affecting the ability of the person to meet the cost of obtaining the legal services from private legal practitioners. (4) In the making of a decision whether it is reasonable in all the circumstances to provide legal assistance to a person, regard shall be had to all relevant matters, including— (a) the nature and extent of any benefit that may accrue to the person, to the public or to any section of the public from the provision of the assistance or of any detriment that may be suffered by the person, by the public or by any section of the public if the assistance is not provided; (b) in the case of assistance in relation to a proceeding in a court other than a criminal appeal—whether the proceeding is likely to terminate in a manner favourable to the person; and (c) in the case of assistance in relation to a criminal appeal—whether there are reasonable grounds for the appeal. S. 24(5) amended by No. 48/1995 s. 10(m)(ii). (5) Except where a reciprocal arrangement is made pursuant to section 7(e) with another legal aid commission, legal assistance shall not be provided under this Act to a person who is not ordinarily resident in the State unless the assistance relates to— (a) a proceeding in a court in the State; or (b) a matter arising under the law in force in the State. (6) Legal assistance shall not be provided under this Act to a person in or in connexion with a review under Part VI. S. 24(7) repealed by No. 10/1986 s. 12(b), new s. 24(7) inserted by No. 93/1998 s. 16(3). (7) This section is subject to any legal aid arrangement. 25 Legal assistance may be provided notwithstanding that the interests of the assisted person are adverse to the State or the Commonwealth Legal assistance may be provided under this Act to a person in relation to any matter notwithstanding that the interests of that person are, or may be, adverse to the interests of the State or the Commonwealth, the interests of an authority or body established for a public purpose by a law of the State or the Commonwealth or the interests of an incorporated company in which the State, the Commonwealth or such an authority or body has an interest.