Victorian Consolidated Legislation

Legal Aid Act 1978 - SECT 36

Review of decisions of independent reviewer

36. Review of decisions of independent reviewer



(1) A person who has made a request under section 34(1) in respect of a
decision of an independent reviewer and who is dissatisfied with the result of
the reconsideration may apply in writing to VLA within the time fixed by VLA
(being not less than 7 days after the date of the decision) for the review of
the matter by another independent reviewer.

(1A) VLA may waive or extend the time fixed by it in a particular case except
where the request for review relates to a criminal trial or criminal appeal in
the Supreme Court or the County Court.



(2) Upon receipt of an application under subsection (1), the panel chairperson
shall appoint another independent reviewer to review the matter and that
reviewer may confirm vary or reverse any decision.



(2A) An independent reviewer appointed under this section-





   (a)  must review only the actual decision referred to him or her for
        review; and



   (b)  in reviewing a decision must comply with and give effect to this Act,
        any legal aid arrangement and the determinations of VLA.



(3) The decision of an independent reviewer under this section is final and
conclusive.





(4) An independent reviewer must cause notice of his or her decision under
this section to be sent to VLA and to the person who requested the review and
shall, if so requested by that person, cause a short term statement in writing
of the reasons for the decision to be sent to him.

(5) In this section and sections 34 and 35 decision means-

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

   (b)  a decision refusing to provide legal assistance under this Act of the
        nature or to the extent applied for other than a decision giving
        effect to a determination under section 32(2) or 32(2BA);

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

   (d)  a decision to terminate or vary the provision of legal assistance; or

   (e)  a decision of VLA under section 48.