Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) The Commission shall keep a list of private legal practitioners who have notified that they are willing to act, either generally or in particular classes of matters or courts, as legal practitioners on behalf of an assisted person.
(2) The Commission shall make available to a Legal Aid Committee the list kept under subsection (1).
(3) Subject to subsection (4), the Commission may –
(a) refuse to include in the list kept under subsection (1) the name of a private legal practitioner who has notified the Commission that he or she is willing to act on behalf of any assisted persons; or
(b) remove the name of a private legal practitioner from that list; or
(c) include the name of a private legal practitioner in that list together with limitations as to the classes of matters in which the services of the private legal practitioner will be sought.
(4) The Commission shall not –
unless the Commission has –(a) refuse to include the name of a private legal practitioner in the list kept under subsection (1); or
(b) remove the name of a private legal practitioner from that list; or
(c) include in that list limitations as to the classes of matters in which the services of a private legal practitioner will be sought –
(d) given written notice to the private legal practitioner setting out the reasons for the proposed refusal, removal or limitation; and
(e) given the private legal practitioner a reasonable opportunity to provide a written submission or toaddress the Commission in relation to the proposed refusal, removal or limitation.
(5) Where the Commission has –
the private legal practitioner may, within 28 days after receipt of the notice given to him under subsection (4)(d), apply to the Supreme Court for an appropriate order.(a) refused to include the name of a private legal practitioner in the list kept under subsection (1); or
(b) removed the name of a private legal practitioner from that list; or
(c) included in that list, in relation to a private legal practitioner, a limitation as mentioned in subsection (3)(c) –
(6) A private legal practitioner who makes an application to the Supreme Court shall forward a copy of that application to the Commission.
(7) The Commission may appear before the Supreme Court in the hearing of an application.
(8) In determining an application, the Supreme Court may –
(a) make the order applied for; or
(b) make any order it considers appropriate; or
(c) postpone the making of an order with liberty to apply; or
(d) dismiss the application.