Legal Aid Act 1977

Each application for legal assistance must be decided by—

the chief executive officer; or

an officer of the commission authorised by the chief executive officer; or

if a direction under subsection (3) applies to the application—the commission.

Each application must be decided in accordance with this Act and, in particular—

any direction by the Minister under section 8 to apply a funding agreement; and

any guidelines by the commission under section 12; and

the priorities decided under section 10 (1) (g).

Section 28 provides for circumstances in which legal assistance may be provided.

The commission must give, and make known to the public, directions about the particular kinds of application that must be decided by the commission.

For subsection (1), the decision maker may make any inquiries and obtain any reports and advice (including the opinion of counsel) that the decision maker considers appropriate.

The cost of making inquiries or obtaining reports or advice under subsection (4) is payable—

if the decision maker under subsection (1) decides that the cost should be paid by the applicant—by the applicant; or

in any other case—out of the fund.

If the application is approved, the decision maker must also decide, in accordance with guidelines under section 11 (Guidelines for allocation of work) and section 12 (Guidelines for provision of assistance)—

whether the assistance is to be given by an officer of the commission or a private legal practitioner; and

the nature and extent of the assistance to be given; and

whether the assistance is to be given free, or on any of the conditions mentioned in section 31 (1) (Contribution towards costs and expenses).