Australian Capital Territory Numbered Acts

LEGAL AID (AMENDMENT) ACT (NO. 2) 1992 (NO. 53 OF 1992) - SECT 10

10. Section 36 of the Principal Act is amended—

    ( a)     by inserting after subsection (1) the following subsections:

“(1A) Where a decision has been made under subsection 31 (2) that a legally assisted person's private legal practitioner be directed to pay to the Commission an amount payable by the legally assisted person, the practitioner may, by notice in writing to the Commission, request that the decision be reconsidered.

“(1B) Subsection (1A) shall not be taken to limit the operation of subsection (1).”; and

    (b)     by omitting subsection (4) and substituting the following subsections:

“(4) Subject to subsection (5), a request by a person for reconsideration or review of a decision (being a decision made after the commencement of this subsection) shall be made before the expiration of the period of 28 days after the person received notice of the decision or of the reconsidered decision (as the case may be).

“(5) Where the Commission is satisfied that the failure to make a request within the period specified in subsection (4) was due to a reasonable cause, it may extend that period by a further period not exceeding 28 days.

“(6) A person who applies for an extension of the period specified in subsection (4) shall specify the ground on which the application is made.”.