36Review of decisions of independent reviewer

36 Review of decisions of independent reviewer S. 36(1) amended by Nos 10/1986 ss 9(b), 16(b), 18(d), 48/1995 s. 10(x)(i), 44/1997 ss 17(12) (a)(b), 21. (1) A person who has made a request under section 34(1) in respect of a decision of an independent reviewer and who is dissatisfied with the result of the reconsideration may apply in writing to VLA within the time fixed by VLA (being not less than 7 days after the date of the decision) for the review of the matter by another independent reviewer. S. 36(1A) inserted by No. 61/1989 s. 12(3) (as amended by Nos 48/1995 s. 11(7)(b), 44/1997 s. 25) amended by No. 68/2009 s. 97(Sch. item 76.3). (1A) VLA may waive or extend the time fixed by it in a particular case except where the request for review relates to a criminal trial, criminal hearing or criminal appeal in the Supreme Court or the County Court. S. 36(2) amended by Nos 10/1986 s. 16(b), 48/1995 s. 10(x)(i), 44/1997 s. 17(13)(a)(b). (2) Upon receipt of an application under subsection (1), the panel chairperson shall appoint another independent reviewer to review the matter and that reviewer may confirm vary or reverse any decision. S. 36(2A) inserted by No. 10/1986 s. 18(e), amended by No. 44/1997 s. 17(14)(a). (2A) An independent reviewer appointed under this section— S. 36(2A)(a) amended by No. 44/1997 s. 17(14)(b). (a) must review only the actual decision referred to him or her for review; and S. 36(2A)(b) amended by Nos 48/1995 s. 10(x)(i), 93/1998 s. 16(1)(j). (b) in reviewing a decision must comply with and give effect to this Act, any legal aid arrangement and the determinations of VLA. S. 36(3) amended by Nos 10/1986 s. 16(b), 44/1997 s. 17(15). (3) The decision of an independent reviewer under this section is final and conclusive. S. 36(4) amended by Nos 10/1986 s. 16(b), 48/1995 s. 10(x)(i), 44/1997 s. 17(16). (4) An independent reviewer must cause notice of his or her decision under this section to be sent to VLA and to the person who requested the review and shall, if so requested by that person, cause a short term statement in writing of the reasons for the decision to be sent to him. S. 36(5) amended by No. 10/1986 s. 18(f). (5) In this section and sections 34 and 35 ***decision*** means— (a) a decision refusing to provide legal assistance under this Act; S. 36(5)(b) amended by No. 44/1997 s. 18(2). (b) a decision refusing to provide legal assistance under this Act of the nature or to the extent applied for other than a decision giving effect to a determination under section 32(2) or 32(2BA); (c) a decision imposing a condition on the provision of legal assistance under this Act or varying adversely to an assisted person a condition so imposed; or (d) a decision to terminate or vary the provision of legal assistance; or S. 36(5)(e) inserted by No. 10/1986 s. 18(f), amended by No. 48/1995 s. 10(x)(i). (e) a decision of VLA under section 48. S. 37 amended by No. 10/1986 ss 9(b), 16(b), substituted by No. 44/1997 s. 16.