New South Wales Consolidated Acts

LEGAL AID COMMISSION ACT 1979 - SECT 56

56 Appeals

(1) An applicant or legally assisted person dissatisfied with:

(a) the determination or redetermination, by a person or committee acting in pursuance of a delegation or authorisation under section 69, of an application under section 34 (1),

(b) the variation, by such a person or committee, of a grant of legal aid under section 38 (1),

(b1) the redetermination of a variation of a grant of legal aid, by such a person or committee, under section 38 (1AA), or

(c) a decision, by such a person or committee, to decline payment of the whole or any part of costs under section 47 (4) or (4A),

may appeal to a Legal Aid Review Committee.

(1A) Such an appeal may not be made in respect of the determination or redetermination of an application under section 34 (1):

(a) if the application has been refused as referred to in section 34 (3) (b), or

(b) if the application relates to proceedings in the Local Court with respect to a criminal offence and the applicant is dissatisfied because he or she is required to pay a contribution towards the costs and expenses of the legal services sought by the applicant.

(1AA) Despite subsection (1), an appeal may not be made in respect of the imposition of a condition on a grant of legal aid (whether imposed by way of a determination or redetermination of an application for legal aid, or by way of a variation or redetermination of a variation of a grant of legal aid) if the condition is to the effect that the Commission is to provide the legal aid concerned by any of the following means:

(a) by making available the services of the Chief Executive Officer or members of the staff of the Commission, or

(b) by arranging for the services of the Public Defenders to be made available,

(c) by arranging for the services of private legal practitioners to be made available, wholly or partly at the expense of the Commission.

(1B) An appeal against the refusal of an application for legal aid lapses if, after the appeal is lodged, the Commission grants the application on a redetermination of the matter under section 34.

(1C) An appeal against the variation of a grant of legal aid that terminates the provision of legal aid lapses if, after the appeal is lodged, the Commission provides legal aid on a redetermination of the matter under section 38.

(2) An appeal shall be lodged with the Commission in writing in accordance, or substantially in accordance, with the form approved by the Commission for the purpose and shall be so lodged within:

(a) a period of 28 days after the date on which notice of the determination or redetermination of the application, variation or redetermination of the variation, or decision in respect of which the appeal is brought was given to the appellant, or

(b) such longer period as a Legal Aid Review Committee may, where it is of the opinion that there are special circumstances, allow.