Northern Territory Consolidated Acts

LEGAL AID ACT - SECT 33

    (1)     Where:

        (a)     legal assistance (other than financial assistance from the Contingency Legal Aid Fund to bring or defend a civil proceeding) is provided under this Act to a person in relation to a proceeding (other than a cross-proceeding) instituted by the person in a court; and

        (b)     the court makes an order in the proceeding directing the assisted person to pay costs incurred by another party to the proceeding,

either the assisted person or the other party may request the Commission to pay to the other party on behalf of the assisted person an amount representing the whole or a part of the costs that the assisted person was so directed to pay.

    (2)     A request under subsection (1) shall be decided, in accordance with guidelines under section 12(c):

        (a)     if the question whether legal assistance should be granted in relation to the proceeding was decided by an officer – by an officer; or

        (b)     if the question was decided by a Legal Aid Committee – by a Legal Aid Committee.

    (3)     Subject to subsection (4), the Commission shall pay so much (if any) of the amount requested to be paid as the officer or the Legal Aid Committee, as the case may be, considers just and equitable for the Commission to pay.

    (4)     The Commission shall not pay an amount in respect of costs incurred in a proceeding at first instance except in accordance with guidelines under section 12(f).

    (5)     An amount paid by the Commission under this section shall be deemed to have been paid by the assisted person.