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.