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Section 47 Legal Aid Act

2. When fixing the fees referred to in paragraph 1, the Commission shall consult and take into consideration the opinion of: `(1) Where legal services have been provided to a person receiving legal assistance, the Commission shall determine, where applicable, the amount to be paid to the Commission by the person for the costs and expenses relating to those legal services (including the costs referred to in section 33). More than one such decision may be made in respect of the person and may be made at or after the end of the matter for which legal services were provided or, if legal aid is terminated during the case, at or after the cessation of the matter. A determination may be modified by a subsequent determination. An official who decides to terminate the granting of legal aid must take into account the effects of the cessation and, in particular, the fact that it may result in a former legal representative bearing the entire costs of the opponent, including the costs incurred by the party or parties for the period during which legal aid was granted. 2A. The Board`s power to defer = «defer» or refuse payment to a private lawyer under this section applies only to the payment of fees relating to proceedings for which legal aid has been granted and to which subsection (1) refers. (b) the change is such that the person providing legal aid or the private lawyer has reasonable grounds to suspect that the Board may terminate the granting of legal aid or change the nature or scope of legal aid; The consequences of non-compliance with an audit are listed in subsection 11. 2.

The amount due under paragraph 1 shall not exceed the amount by which the sum (ii) suspected of fraud or misrepresentation by the lawyer in connection with the granting of legal aid or any fraud or misrepresentation involving the liquidator, or (c) cannot be deciphered prima facie; A requirement under paragraph 6(a) is required to provide the document, in addition to the document if written, or instead of the document if it is not written, a statement, in English and decoded on sight, containing all the information contained in the document. Failure to notify changes likely to affect the granting of legal aid. 4. Where a lawyer has given a written reply to the Monitoring Committee or, after having had a reasonable opportunity to reply in writing to the Monitoring Committee, has not done so, the Monitoring Committee may recommend to the Commission: 8. The Commission shall reimburse a lawyer for costs, such as photocopies. and any other reasonable costs incurred by counsel as a result of an examination. Section 47 provides that New South Wales Legal Aid is liable, with some exceptions, for costs awarded to a legal representative, but limits the amount of costs to be paid by New South Wales Legal Aid to a maximum amount to be determined by New South Wales Legal Aid. Legal Aid NSW has developed a resource review in consultation with National Legal Aid and other legal aid commissions. If a Legal Aid Review Board (LARC) is challenged against the decision to refuse legal aid and the official preparing the report to LARC considers that assistance should be provided, that official may grant assistance. Such a decision constitutes a redefinition of the initial application and may itself be appealed.

An appeal to a LARC lapses if Legal Aid NSW grants the request for a new determination. However, in cases where new information is received after an LRC has disposed of an appeal, an application under section 34 of the Act may continue to be decided. b1. a reassessment of a change in the granting of legal aid by such a person or committee in accordance with section 38 (1AA) or section 34 (2) and (3) of the Act, NSW Legal Aid is required (except for matters referred to in section 34(2)(a) and (b)) to inform the legal aid applicant in writing of its finding or redetermination. `1.La Commission shall accept an application only if it considers that there are special circumstances relating to the applicant`s assets or resources, or otherwise, unless the applicant and any person associated with him or her are subject to a means test or any other criterion required by the Commission for applicants in general or for the class or description of applicants: to which the applicant is heard and applicable. at the time of application. 2. A resource review established by the Commission for the purposes of subsection 1 shall be determined taking into account the capacity of the following factors: (a) candidates in general or candidates of the class or description of candidates for whom the resource review is established; and (b) persons associated with such applicants to pay the ordinary professional fees for legal services used by the applicant. To wear. (3) For the purposes of subsection (1), special circumstances may include, (a) the fact that the applicant is a party to a proceeding as a member of an unincorporated association, (b) the applicant is a party to, (i) an environmental proceeding, (ii) an action relating to or (iii) a test case. If you have been visited by a social worker and they are conducting an assessment under section 47, you should seek legal advice as soon as possible to find out your rights.

(b) the modification of the granting of legal aid in accordance with Article 38(1) by such a person or commission; (b) suspend or remove a lawyer from a committee by any means other than at the request of the panel, unless the Board has informed the committee in writing of its reasons and has given the legal professional a reasonable opportunity; to be heard in the context of the proposed refusal or deletion. In Milat v. Legal Aid Commission (1995) SC 30026/95, 25. In May 1995, Simpson J. held that a letter setting out the terms of a proposed grant did not constitute a finding or notice within the meaning of subsection 34(1) or (2). Legal Aid NSW may, by written notice [pdf], request a legally assisted person to assign to Legal Aid NSW its right to reimbursement of costs or other sums that may be recovered as an arbitration award or settlement. 4. The Commission may, in respect of sums paid to it by an assistant or private advocate referred to in paragraph 1: (b) which have the effect of exterminating, modifying or limiting the application of this Section. » Back to top «1.

A lawyer in private practice may apply to the Commission for appointment to one or more bodies. However, where legal aid is applied for in the case of a veteran for a non-psychiatric application where: (7A) If an application for legal aid is made after the commencement of the proceedings to which the application relates, the Board may, if necessary, inform the other parties of the receipt of the application. 6. In this section, the money includes a cheque. » Back to top Once legal aid has been granted, a person receiving legal aid receives a benefit and can legitimately expect it to continue. Under section 33 of the Act, New South Wales Legal Aid often allows for the advice of a lawyer to be sought or the investigation to be continued at the expense of legal aid before deciding whether to grant or refuse legal aid. `1. This Section shall apply to a private lawyer against whom an allegation is based in criminal or disciplinary proceedings pursuant to Article 43A(1)(b)(i) or (ii). 3. The Commission is responsible to the legally assisted person for the amounts he has recovered under this division. » Back to top «A court that may order the payment of costs in the proceedings before it must, if a person with a legal adviser is a party to those proceedings, order the costs of the person assisted by counsel as if he were not a person with the assistance of counsel. A private lawyer who has benefited from legal aid.

Legal aid may be «awarded» to a private lawyer, law firm or other organization. The power to entrust legal tasks is governed by section 12 of the Legal Aid Commission Act 1979. and those who do not demonstrate the necessary transparency may result in professional disciplinary action (Riley [35,040.15]. Section 33 (1) of the Act empowers New South Wales Legal Aid to investigate a number of matters before deciding on an application for legal aid.