Report No. 30

Access to Administrative Review: Provision of Legal and Financial Assistance in Administrative Law Matters, 1988

Summary of the report

The report was transmitted to the Government on 2 May 1988.

In the report, the Council makes seven recommendations covering the following areas:

the operation of section 69 of the Administrative Appeals Tribunal Act 1975 as a special case provider of assistance,
the notification and advice about legal and financial assistance schemes,
the initiation of applications by State or Territory legal aid authorities,
the provision of financial assistance, other than legal assistance,
revision of guidelines relating to assistance in public interest and test cases,
the consistency in eligibility requirements for assistance, and
consideration of recommendations made in this report.

Response to the report

The report was referred to the National Legal Aid Advisory Committee ('NLAAC'), in accordance with the Council's recommendations. The NLAAC reported to the Government on Legal Aid for the Australian Community in July 1990. The Government responded in December 1990 by:

establishing a working party to formulate uniform eligibility guidelines for use by Legal Aid Commissions, to be forwarded to each Director of Legal Aid, and
agreeing that private practitioners were to inform clients of their eligibility for legal aid.

The working party subsequently made its report. Directors of Legal Aid agreed that model national eligibility guidelines should be drafted by the Office of Legal Aid and Family Services in consultation with the Legal Aid Commissions, using the working party's findings as their guide. Model guidelines were subsequently drafted.