19Circumstances in which legal aid may be provided

19 Circumstances in which legal aid may be provided

(1)  [Section 19 Subsection (1) amended by No. 26 of 2020, s. 21, Applied:01 Mar 2021] Subject to subsection (2A) , the Commission may provide legal aid to a person only if –

(a) the person is unable to afford the cost of obtaining from private legal practitioners the legal assistance or legal services in respect of which legal aid is sought; or

(ab) [Section 19 Subsection (1) amended by No. 63 of 2013, s. 19, Applied:01 Mar 2014] [Section 19 Subsection (1) amended by No. 26 of 2020, s. 21, Applied:01 Mar 2021] .  .  .  .  .  .  .  .  

(b) it is reasonable in all the circumstances to provide the legal aid.

(2)  In making a decision whether a person should be provided with legal aid, the Commission shall have regard to all relevant matters, including –

(a) the income of the person and of each person associated with the person; and

(b) the cash that is readily available to the person or can be made so available; and

(c) the debts, liabilities and other financial obligations of the person; and

(d) the cost of living; and

(e) the cost of obtaining legal assistance or legal services from a private legal practitioner; and

(f) any other matter affecting the ability of the person to meet the cost of obtaining legal assistance or legal services from a private legal practitioner; and

(g) the nature and extent of a benefit that may accrue to the person or to the public from the provision of legal aid; and

(h) the nature and extent of any detriment that may be suffered by the person or by the public if legal aid is not provided; and

(i) [Section 19 Subsection (2) amended by No. 63 of 2013, s. 19, Applied:01 Mar 2014] in the case of legal aid relating to a proceeding in a court – whether the proceeding is likely to terminate in a manner favourable to the person; and