Commonwealth Numbered Acts

LAW AND JUSTICE LEGISLATION AMENDMENT ACT 1993 No. 13 of 1994 - SECT 15

15. Before section 64 of the Principal Act the following section is inserted
in Division 5 of Part V: Legal assistance

"63. (1) If:

   (a)  the Commissioner has dismissed a file number complaint; and

   (b)  the respondent to the complaint is not an agency or the principal
        executive of an agency; the respondent may apply to the
        Attorney-General for assistance under this section.

"(2) A person who:

   (a)  has applied or proposes to apply to the Federal Court for leave to
        apply under section 55 for review of a determination; or

   (b)  has applied or proposes to apply to the Federal Court under section 55
        for review of a determination; or

   (c)  is the respondent to such an application for review; may apply to the
        Attorney-General for assistance under this section.

"(3) If the Attorney-General is satisfied that in all the circumstances it is
reasonable to grant an application made under this section, he or she may
authorise the provision by the Commonwealth to the applicant of:

   (a)  in the case of an application under subsection (1)-such financial
        assistance in connection with the investigation of the complaint as
        the Attorney-General determines; or

   (b)  in the case of an application under subsection (2)-such legal or
        financial assistance in respect of the proceeding as the
        Attorney-General determines.

"(4) An authorisation under subsection (3) may be made subject to such
conditions (if any) as the Attorney-General determines.

"(5) In considering an application made under this section, the
Attorney-General must have regard to any hardship to the applicant that
refusal o        f the application would involve.".