Native Title (Assistance from Attorney-General) Guidelines 2012
4.1Making a decision on an application
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4.1 Making a decision on an application
(1) A decision maker must decide whether or not to authorise the provision of assistance in relation to a complete application. (2) In deciding whether to authorise the provision of assistance, the decision maker must have regard to the following: (a) the interest of the applicant in the matter in relation to which the assistance is sought in accordance with Division 2; (b) for assistance for disbursements—the matters in Division 3; (c) for assistance for legal representations—the matters in Division 4; (d) whether the authorisation of the provision of the assistance is reasonable in all the circumstances; (e) the likely cost of the legal action; (f) the availability of funds, in any given year, under the appropriation for assistance from the Attorney‑General; (g) the number and relative merits of other applications for grants made under the appropriation for assistance from the Attorney‑General; (h) the number and relative merits of grants likely to be made under the appropriation for assistance from the Attorney‑General; (i) whether the applicant is a group, and whether it is more appropriate that: (i) an applicant who is not a group should form part of a group; or (ii) a group should form part of another group. (3) The decision maker may decide the weight that should be given to each matter relevant to the circumstances of the case. (4) The decision maker must not authorise the provision of assistance for an excluded cost. (5) The decision maker may authorise the provision of assistance for disbursements or legal representation to an applicant who does not meet the requirements of this Part only if: (a) the decision to authorise the provision of the assistance is reasonable; and (b) there are exceptional circumstances.