LEGAL AID COMMISSION ACT 1976 - SECT 49
LEGAL AID COMMISSION ACT 1976 - SECT 49
49 . Review of decisions
(1) Subject to
subsection (5), when a decision has been reconsidered under section 48, the
person who made the request as a result of which the decision was so
reconsidered may apply in writing to a review committee for a review of the
matter concerned.
(2) On receiving an
application made under subsection (1), a review committee shall, subject to
subsection (4), review the matter to which that application relates and on so
doing —
(a) may
confirm, vary or reverse any decision relating to the matter concerned; and
(b)
shall, in the manner prescribed in section 47(2), communicate its decision to
the person by whom that application was made.
(2a) Subject to
subsection (5), a private practitioner who —
(a) has
performed services by way of legal assistance under Division 3; and
(b) is
dissatisfied with a decision made by a legal aid authority in respect of the
payment or payments to which the private practitioner is entitled for
performing those services,
may apply in writing
to a review committee for a review of the matter.
(2b) Upon receipt of
an application under subsection (2a) the review committee shall review the
matter and —
(a) may
confirm, vary or reverse any decision of the legal aid authority; and
(b)
shall, in writing, communicate its decision to the Commission and to the
private practitioner by whom that application was made,
and the Commission
shall, in making payment to the private practitioner under section 14, give
effect to the decision of the review committee.
(3) The decision of a
review committee is, subject to section 49A, final and conclusive.
(4) A review committee
may refuse to review the matter to which an application made under subsection
(1) relates if it did not receive that application within 28 days from the day
on which the result of the reconsideration concerned was communicated to the
applicant, and shall, if it so refuses, communicate that refusal to the
applicant in the manner prescribed by section 47(2).
(5) This section does
not apply to or in relation to decisions made by the Commission or to or in
relation to any determination made by the Director under an agreement under
section 14(1a) as to the basis on which or the circumstances in which a
private practitioner is entitled to receive payment, or reimbursement, or
both.
[Section 49 amended: No. 60 of 1977 s. 23; No. 113
of 1978 s. 6; No. 126 of 1982 s. 16; No. 73 of 1992 s. 13.]