Northern Territory Consolidated Acts

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LEGAL AID ACT - SECT 35

Reconsideration of decisions

    (1)     Where a decision has been made:

        (a)     refusing to provide legal assistance under this Act;

        (b)     refusing to provide legal assistance under this Act of the nature, or to the extent, applied for;

        (c)     imposing a condition on the provision of legal assistance under this Act or varying adversely to a legally assisted person a condition so imposed;

        (d)     terminating the provision of legal assistance under this Act;

        (e)     refusing to pay the whole or a part of an amount that the Commission has been requested to pay under section 33; or

        (f)     in relation to any other matter relating to the provision or refusal of legal assistance,

the person who applied for the legal assistance or for the payment may, by notice in writing to the Commission, request that the decision be reconsidered.

    (2)     Where a notice requesting that a decision be reconsidered is received by the Commission, the decision shall be reconsidered:

        (a)     where the decision was made by a Legal Aid Committee – by the Committee; or

        (b)     where the decision was made by an officer – by an appropriate officer in accordance with arrangements made or approved by the Director,

and may be confirmed or varied.

    (3)     Where a decision is confirmed or varied following a reconsideration under subsection (2), the person who requested the reconsideration may, by notice in writing to the Commission, request the Commission to refer the decision, or the decision as varied, as the case may be, to a Review Committee for review and the Commission shall comply with the request.

    (4)     A request by a person for a reconsideration or review of a decision shall be made before the expiration of 3 months after the person received notice of the relevant decision or such longer period as the Commission, in special circumstances, allows.



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