Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) The Commission may provide legal aid to a person only if –
(a) the person is unable to afford the cost of obtaining from private legal practitioners the legal assistance or legal services in respect of which legal aid is sought; or
(b) it is reasonable in all the circumstances to provide the legal aid.
(2) In making a decision whether a person should be provided with legal aid, the Commission shall have regard to all relevant matters, including –
(a) the income of the person and of each person associated with the person; and
(b) the cash that is readily available to the person or can be made so available; and
(c) the debts, liabilities and other financial obligations of the person; and
(d) the cost of living; and
(e) the cost of obtaining legal assistance or legal services from a private legal practitioner; and
(f) any other matter affecting the ability of the person to meet the cost of obtaining legal assistance or legal services from a private legal practitioner; and
(g) the nature and extent of a benefit that may accrue to the person or to the public from the provision of legal aid; and
(h) the nature and extent of any detriment that may be suffered by the person or by the public if legal aid is not provided; and
(i) in the case of legal aid relating to a proceeding in a court – whether the proceeding is likely to terminate in a manner favourable to the person.
(3) Legal aid shall not be provided to a person who is not ordinarily resident in the State except if the legal aid relates to –
(a) a proceeding in a court in the State; or
(b) a matter arising under a law in force in the State.
(4) A reference in subsection (2)(a) to a person who is associated with a person is a reference to –
(a) the spouse or partner of the person; or
(b) a person who is financially responsible for, or who provides financial support to, that person.
(5) For the purpose of subsection (4),
"partner" means the person with whom a person is in a personal relationship, within the meaning of the Relationships Act 2003.