Western Australian Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

LEGAL AID COMMISSION ACT 1976 - SECT 48

48 .         Reconsideration of decision

        (1)         A person affected by a decision may by notice in writing to the Director request that the decision be reconsidered.

        (2)         On receiving a request made under subsection (1), the Director shall, if the decision to which that request relates was made by —

            (a)         a legal aid committee, refer that decision to a legal aid committee;

            (b)         the Director, himself reconsider that decision or refer that decision to a member of the staff or to a legal aid committee;

            (c)         a member of the staff, himself reconsider that decision or refer that decision to a member of the staff or to a legal aid committee; or

            (d)         the Commission, refer that decision to the Commission,

                for consideration.

        (3)         When a decision is referred under subsection (2) to a legal aid committee or member of the staff or to the Commission for reconsideration, the legal aid committee or member of the staff or the Commission, as the case requires, shall reconsider the decision.

        (4)         On reconsidering a decision under subsection (2) or (3), a legal aid committee or officer of the Commission or the Commission, as the case requires — 

            (a)         may confirm, vary or reverse the decision; and

            (b)         shall, in the manner prescribed in section 47(2), communicate the result of the reconsideration to the person by whom the relevant request was made under subsection (1).

        (5)         Notwithstanding anything in this section, a legal aid committee or officer of the Commission or the Commission, as the case requires, may refuse to reconsider a decision if the relevant request was not received by the Director within 28 days from the day on which the decision was communicated to the person by whom that request was made under subsection (1), and shall, if it or he so refuses, communicate that refusal to that person in the manner prescribed by section 47(2).

        [Section 48 inserted by No. 126 of 1982 s. 15.]



[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]