Administrative Review Tribunal Act 2024

PART 11 - MISCELLANEOUS  

Division 5 - Other matters  

SECTION 294   LEGAL OR FINANCIAL ASSISTANCE  
Applicants to Tribunal

294(1)    
A person who applies, or proposes to apply, to the Tribunal for review of a reviewable decision may apply to the Attorney-General of the Commonwealth for assistance in respect of the proceeding in relation to the application to the Tribunal.

294(2)    
A person who makes an application, or proposes to make an application, to refer a decision of the Tribunal to the guidance and appeals panel (a leave application ) may apply to the Attorney-General of the Commonwealth for assistance in respect of the leave application and the proceeding in relation to the guidance and appeals panel application (if any) taken to be made because of the referral.

Other parties to Tribunal proceedings

294(3)    
A person who is, or proposes to become, a party to a proceeding in the Tribunal may apply to the Attorney-General of the Commonwealth for assistance in respect of the proceeding.

Court proceedings

294(4)    
A person who:

(a)    institutes, or proposes to institute; or

(b)    is, or proposes to become, a party to;

a proceeding in a court in respect of a matter arising under this Act may apply to the Attorney-General of the Commonwealth for assistance in respect of the proceeding.

Exceptions - proceedings prescribed by the rules

294(5)    
Subsections (1) to (4) do not apply in relation to a kind of proceeding prescribed by the rules.

294(6)    
Subsection (2) does not apply in relation to a kind of leave application prescribed by the rules.

Provision of assistance

294(7)    
If the Attorney-General of the Commonwealth considers that:

(a)    it would involve hardship to the person to refuse the person ' s application; and

(b)    in all the circumstances, it is reasonable that the person ' s application should be granted;

the Attorney-General may authorise the provision by the Commonwealth to the person of legal or financial assistance determined by the Attorney-General in respect of the proceeding.

294(8)    
The legal or financial assistance is subject to any conditions determined by the Attorney-General of the Commonwealth.

Time for making applications not affected

294(9)    
Nothing done under, or for the purposes of, this section extends a period for making an application to the Tribunal.

294(10)    
(Repealed by No 27 of 2024)