Australian Capital Territory Consolidated Acts

LEGAL AID ACT 1977 - SECT 28

    (1)     Subject to this section, and section 28A, legal assistance may be provided to a person under this Act only if—

        (a)     the person is in need of that legal assistance because the person cannot afford the cost of obtaining the assistance from private legal practitioners; and

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

    (2)     However, subsection (1) does not apply to legal assistance consisting of—

        (a)     legal advice; or

        (b)     duty lawyer services; or

        (c)     minor legal assistance.

    (3)     In the making of a decision whether a person is in need of legal assistance by reason that he or she is unable to afford the cost of obtaining from private legal practitioners the legal services in respect of which the legal assistance is sought, regard shall be had to all relevant matters, including the following matters:

        (a)     the income of the person;

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

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

        (d)     the cost of living;

        (e)     the cost of obtaining the legal services from private legal practitioners;

        (f)     any other matter affecting the ability of the person to meet the cost of obtaining the legal services from private legal practitioners.

    (4)     In the making of a decision whether it is reasonable in all the circumstances to provide legal assistance to a person, regard shall be had to all relevant matters, including—

        (a)     the nature and extent of any benefit that may accrue to the person, to the public or to any section of the public from the provision of the assistance or of any detriment that may be suffered by the person, by the public or by any section of the public if the assistance is not provided; and

        (b)     in the case of assistance in relation to a proceeding in a court or before a tribunal—whether the proceeding is likely to terminate in a manner favourable to the person.

    (5)     Legal assistance shall not be provided under this Act to a person who is not ordinarily resident in the ACT unless the assistance relates to—

        (a)     a proceeding in a court, or before a tribunal, in the ACT; or

        (b)     a matter arising under the law in force in the ACT.

    (6)     Legal assistance shall not be provided under this Act to a person in or in connection with a review by a review committee under part 6.

    (7)     Legal assistance may be provided under this Act to a body corporate in special circumstances determined by the commission, but not otherwise.