Legal Aid Act 1990

(1) Subject to this section, legal assistance, other than legal assistance consisting of financial assistance from the Contingency Legal Aid Fund to bring or defend a civil proceeding, the giving of legal advice or the provision of duty lawyer services, may be provided to a person under this Act only if:

(a) (i) the person is in need of assistance because the person is unable to afford the cost of obtaining from private legal practitioners the legal services in respect of which legal assistance is sought; and

(ii) it is reasonable in all the circumstances to provide the legal assistance; or

(b) pursuant to an agreement under section 14(1)(b) the Commonwealth agrees to reimburse the Territory the cost of providing legal assistance to the person.

(2) In making a decision whether a person is in need of legal assistance because the person is unable to afford the cost of obtaining from private legal practitioners the legal services in respect of which the legal assistance is sought, regard shall be had to all relevant matters, including:

(a) the income of the person and of each person associated with the person;

(b) the cash that is readily available to the person or can be made so available;

(c) the debts, liabilities and other financial obligations of the person;

(e) the cost of obtaining the legal services from a private legal practitioner; and

(f) any other matter affecting the ability of the person to meet the cost of obtaining the legal services from a private legal practitioner.

(3) In making a decision whether it is reasonable in all the circumstances to provide assistance to a person, regard shall be had to all relevant matters, including:

(a) the nature and extent of a benefit that may accrue to the person, to the public or to a section of the public from the provision of the assistance or of any detriment that may be suffered by the person, by the public or by a section of the public if the assistance is not provided; and

(b) in the case of assistance in relation to a proceeding in a court – whether the proceeding is likely to terminate in a manner favourable to the person.

(4) Legal assistance shall not be provided under this Act to a person who is not ordinarily resident in the Territory unless the assistance relates to:

(5) Legal assistance shall not be provided under this Act to a person in or in connection with a review by a Review Committee under Part VI.

(6) A reference in subsection (2)(a) to a person who is associated with a person is a reference to:

(b) a person who is financially responsible for, or who provides financial support to, that person.