56Appeals

#### 56 Appeals 56 Appeals > > (1) An applicant or legally assisted person may appeal against the following decisions made by a person or committee under this Act— > > > > > (a) the determination or redetermination of an application for legal aid, > > > > > (b) a decision to vary a grant of legal aid, including the redetermination of a variation of a grant of legal aid, > > > > > (c) a decision to decline payment of the whole or part of costs awarded against the legally assisted person. > > > (2) An appeal may not be made against a decision in the following circumstances— > > > > > (a) if the application— > > > > > > > (i) relates to proceedings in the Local Court in relation to a criminal offence, and > > > > > > > (ii) is refused wholly or partly on the ground the applicant fails to satisfy the means test determined by the Commission under section 35(1), > > > > > (b) if the application relates to proceedings in the Local Court in relation to a criminal offence and the applicant is dissatisfied because the applicant must pay a contribution towards the costs and expenses of the legal services sought by the applicant, > > > > > (c) a decision to impose a condition on a grant of legal aid with the effect the Commission will provide the legal aid by— > > > > > > > (i) making available the services of the Chief Executive Officer or members of the staff of the Commission, or > > > > > > > (ii) arranging for the services of the Public Defenders to be made available, or > > > > > > > (iii) arranging for the services of law practices to be made available, wholly or partly at the expense of the Commission, > > > > > (d) the circumstances prescribed by the regulations. > > > (3) An appeal made against a decision to refuse or terminate the provision of legal aid lapses if, after the appeal is lodged, the Commission makes a decision to provide the legal aid on a redetermination of the matter. > > > (4) An appeal must be lodged with the Commission— > > > > > (a) in the approved form, and > > > > > (b) no later than 21 days after notice of the decision being appealed is received by the appellant. > > **s 56:** Am 1985 No 86, Sch 1 (21); 1987 No 9, Sch 2 (11); 1989 No 137, Sch 1 (7); 1990 No 68, Sch 1 (4); 1996 No 94, Sch 3 \[6\]–\[10\]; 1997 No 50, Sch 1 \[8\]; 2000 No 98, Sch 1 \[20\] \[21\]; 2007 No 94, Sch 2; 2015 No 67, Sch 1.12 \[2\]; 2019 No 20, Sch 1.15\[2\]. Subst 2024 No 7, Sch 1\[6\].