Document ID: chunk:federal_register_of_legislation:F2019C00267:reg:9
Version: federal_register_of_legislation:F2019C00267
Segment Type: reg
Provision Reference: reg 9
Character Range: 6431–8052

9  Legal aid
 (1) An appellant may apply to the Tribunal for the approval of the Tribunal to the granting of legal aid to the appellant under this section.
 (2) The application must be made within 14 days, or such longer period as the Tribunal allows, after the day on which the appellant's appeal or application for leave to appeal was lodged.
 (3) The application must be accompanied by a statutory declaration, made by the appellant, setting out such information as is necessary to enable the Tribunal to determine whether the appellant's means are insufficient to enable him or her to prosecute the appeal or application for leave to appeal.
 (4) If, on application under subsection (1), the Tribunal is satisfied that:
 (a) the appellant has insufficient means to enable him or her to prosecute the appeal or application for leave to appeal; and
 (b) it appears desirable in the interests of justice that legal aid should be granted to the appellant under this section;
the Tribunal may, by order, approve the granting to the appellant of legal aid under this section.
 (5) If the Tribunal approves the granting to an appellant of legal aid under this section, the Attorney‑General may arrange for one or more legal practitioners to represent the appellant at the hearing of the appeal or application for leave to appeal, or of a matter preliminary or incidental to the appeal.
 (6) If the Attorney‑General arranges, under subsection (5), for a legal practitioner to represent an appellant, the Commonwealth must pay the legal practitioner an amount, determined by the Attorney‑General, for fees and disbursements.