Application for legal assistance
25 Application for legal assistance
An application for legal assistance must be made in writing.
However, subsection (1) does not apply to legal assistance consisting of—
legal advice; or
duty lawyer services; or
minor legal assistance.
The commission may, in special circumstances, treat an application that is not in the form approved under section 99 (Approved forms) as having been properly made.
An applicant for legal assistance to which subsection (1) applies shall furnish to the commission such declarations, certificates and other documents as the commission requires for the purpose of enabling a decision to be made as to whether legal assistance should be granted in respect of the application.
If legal advice is being provided to a person under this Act and it appears to an officer of the commission that the legal advice required by the person is likely to be of a substantial or continuing nature, the officer may require the person to make an application for legal assistance in accordance with subsections (1) and (4) and, if such a requirement is made, those subsections and section 28 (1), (3) and (4), section 31 and section 35 (2) apply in relation to the application.
The commission may distribute to private legal practitioners application forms for completion by people wishing to apply for legal assistance.
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