Legal Aid’s powers in relation to alternative dispute resolution
24 Legal Aid’s powers in relation to alternative dispute resolution
If a person applies to Legal Aid for legal assistance in a matter, Legal Aid may arrange for the matter, or part of it, to be referred to an alternative dispute resolution process—
whether or not Legal Aid has decided the application for legal assistance; and
if it considers it appropriate in the circumstances.
If the other party to the matter agrees to the referral to an alternative dispute resolution process, Legal Aid may decide to consider the application, or continue to give the legal assistance, only if the applicant or legally assisted person participates in the alternative dispute resolution process.
Legal Aid may—
defray expenses it incurs incidentally to an alternative dispute resolution process from amounts available to it; or
before or after it decides an application for legal assistance, by written notice, ask the applicant or legally assisted person to pay for the expenses mentioned in paragraph (a) by a stated day.
If an amount incurred by Legal Aid and payable to Legal Aid under subsection (3)(b) is not paid as required by the subsection, Legal Aid may recover the amount as a debt in a court of competent jurisdiction.
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