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s 12

What is taken into account in deciding whether an applicant needs legal assistance

In force
Part 2Legal assistance
Division 2Giving legal assistance

12 What is taken into account in deciding whether an applicant needs legal assistance

(1)

In deciding whether an applicant needs legal assistance, Legal Aid may have regard to all relevant matters.

(2)

In this section—relevant matters include the following—

(a)

the applicant’s assets and income;

(b)

the cash amount that is, or can be made, readily available to the applicant;

(c)

the applicant’s debts, liabilities and other financial obligations;

(d)

the cost of living in the locality where the applicant resides;

(e)

the ability of a relevant person to help the applicant obtain legal services from a private lawyer having regard to the matters, including the matters mentioned in paragraphs (a) to (d), that would be relevant if the relevant person were the applicant for legal assistance;

(f)

the cost of obtaining the legal services from a private lawyer;

(g)

the nature and extent of the following—

(i)

any benefit that may accrue to the applicant, the public or a section of the public by giving the legal assistance;

(ii)

any detriment the applicant, the public or a section of the public may suffer if the legal assistance is refused;

(h)

anything else affecting the applicant’s ability to meet the cost of obtaining the legal services from a private lawyer;

(i)

a recommendation made by a court under section 22.

relevant person means a person who—

(a)

usually gives the applicant financial support; or

(b)

can reasonably be expected to give the applicant financial support; or

(c)

usually receives financial support from the applicant.

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