34Determination of application

#### 34 Determination of application 34 Determination of application > > (1) The Commission shall determine an application by granting the application unconditionally or subject to conditions or by refusing the application. The Commission may at any time redetermine an application that has been refused. > > > (2) The Commission shall give notice to the applicant of the determination or redetermination of the application as soon as practicable (and in any case not later than 14 days) after the determination or redetermination is made. > > > (3) A notice given under subsection (2), except where— > > > > > (a) the application relates to proceedings in the Local Court with respect to a criminal offence, or to such other proceedings as the Commission may from time to time determine, and is granted unconditionally, or > > > > > (b) the application relates to proceedings in the Local Court with respect to a criminal offence, or to such other proceedings as the Commission may from time to time determine, and is refused wholly or partly on the ground that the applicant fails to satisfy such means test as is determined by the Commission for the purposes of section 35 (1), > > > > shall be in writing. > > > (4) If there is a right of appeal to a Legal Aid Review Panel against a determination or redetermination of an application— > > > > > (a) the notice required under subsection (2) must inform the applicant of that right, and > > > > > (b) the reasons for the determination or redetermination are to be recorded. > > > (4A) Subsection (4) does not apply in respect of any condition of the kind referred to in section 56 (1AA) that is imposed on the grant. > > > (5) (Repealed) > > > (6) As soon as practicable after the commencement of proceedings (not being proceedings with respect to a criminal offence), a solicitor acting on behalf of a legally assisted person shall give notice to the other parties, if any, to the proceedings of the fact that the solicitor is acting for a legally assisted person. > > > (7) Where the solicitor referred to in subsection (6) is from a law practice, the solicitor shall advise the Commission in writing, within 7 days of giving notice under that subsection, that notice has been given. > > > (7A) If an application for legal aid is made after the commencement of the proceedings to which the application relates, the Commission may give notice to the other parties, if any, to the proceedings of the receipt of the application. > > > (8) A notice given under subsection (6) or (7A)— > > > > > (a) shall be in writing, > > > > > (b) shall contain a reference to the effect of section 47, and > > > > > (c) may be given in any manner authorised for the service of process in the proceedings to which the notice relates. > > **s 34:** Am 1985 No 86, Sch 1 (20) (21); 1987 No 9, Sch 2 (4); 1989 No 137, Sch 2 (2); 1996 No 94, Schs 3 \[1\] \[2\], 5.4; 1997 No 50, Sch 1 \[7\]; 2000 No 98, Sch 1 \[16\]; 2007 No 94, Sch 2; 2015 No 67, Sch 1.12 \[1\]; 2019 No 20, Sch 1.15\[7\]; 2024 No 7, Sch 1\[4\].