Payment by commission of costs awarded against legally assisted people
34 Payment by commission of costs awarded against legally assisted people
If—
legal assistance is provided under this Act to a person in relation to a proceeding (other than a cross-proceeding) instituted by that person in a court or before a tribunal; and
the court or tribunal makes an order in the proceeding directing the legally assisted person to pay costs incurred by another party to the proceeding;
either the legally assisted person or that other party may request the commission to pay to that other party on behalf of the legally assisted person an amount representing the whole or a part of the costs that the legally assisted person was so directed to pay.
A request under subsection (1) must be decided by a statutory officer of the commission in accordance with guidelines determined by the commission under section 12 (d).
Subject to subsection (4), the commission shall pay so much (if any) of the amount requested to be paid as the statutory officer of the commission considers just and equitable for the commission to pay.
The commission shall not pay an amount in respect of costs incurred in a proceeding at first instance unless it appears to the commission that the person who made the request will suffer substantial hardship if that amount is not paid by the commission.
Any amount paid by the commission under this section shall be deemed to have been paid by the legally assisted person.
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