Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) An assisted person who is successful in any proceeding is liable to pay the ordinary professional costs of any legal aid provided and any disbursements and expenses incurred in connection with the provision of the legal aid.
(2) The Director may direct that an assisted person take specific action to recover an amount by way of costs that is recoverable by that person in respect of the matter in which legal aid was given.
(3) An assisted person who is entitled to recover an amount by way of costs in respect of any matter in which legal aid is given shall pay to the Director –
(a) an amount equal to that amount; or
(b) such other lesser amount as the Director, in accordance with the guidelines, determines.
(4) In determining an amount under subsection (3)(b), the Director shall have regard to –
(a) the amount actually recovered by the assisted person; and
(b) any failure by the assisted person to take action to recover the amount recoverable; and
(c) any failure by the assisted person to comply with a direction of the Director under subsection (2).
(5) The Commission may recover as a debt due and payable to it any amount an assisted person is liable to pay to it under subsection (3).
(6) If an assisted person is entitled to recover an amount by way of costs in respect of any matter in which legal aid is given, the Director may, by notice in writing, direct that the assisted person, within 28 days after receipt of the notice, assign to the Commission his or her rights to recover the amount.
(7) An assisted person who fails to comply with a direction under subsection (6) is deemed to have assigned to the Commission any right to recover an amount at the end of the period referred to in that subsection.
(8) Where an assisted person is deemed to have assigned to the Commission any right to recover an amount, the Commission, for the purposes of recovering the amount –
(a) shall stand in the place of the assisted person; and
(b) may use any of the remedies available to the assisted person; and
(c) may use the name of the assisted person.