Waiver of fees
14 Waiver of fees
Subject to subregulation (2), a fee which is payable under these Regulations is waived if, at the time the fee is payable, the party, person or other entity—
is legally represented in the proceeding under a pro bono scheme administered by or on behalf of—
the Victorian Bar Inc., an association incorporated under the Associations Incorporation Reform Act 2012; or
the Law Institute of Victoria Limited ACN 075 475 731; or
Justice Connect ABN 54 206 789 276; or
is legally represented in the proceeding on a pro bono basis by a member of the Federation of Community Legal Centres Vic Inc., an association incorporated under the Associations Incorporation Reform Act 2012 ABN 30 036 539 902; or
has been granted legal aid under a legal aid scheme established under the law of the Commonwealth or of a State or Territory for the proceeding for which the fee would otherwise be payable; or
is serving a sentence of imprisonment or is otherwise detained in a detention facility, however described; or
is a person under the age of 18 years.
Any fee payable under item 25, 26 or 30 of Schedule 1 is not waived unless it is waived in accordance with section 79A(6) of the Act.
Note
Section 79A(6) of the Act provides a power to waive fees if it is established that the payment of a fee would cause financial hardship to a person.
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