| State Merits Test |
Guideline: State
Number: 39 Effective Date: 30/3/00 |
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| In addition to assessing whether or not an applicant for assistance can afford to pay for the necessary services by application of the means test, The Legal Aid Commission of Tasmania is required to review the merits of each applicant's case in order to decide if it is reasonable in all the circumstances to provide legal assistance. | ||
| Subject to the exercise of the merit test, The Legal Aid Commission of Tasmania may provide assistance in matters listed in these Guidelines in accordance with priorities set by the Legal Aid Commission. | ||
| The Merit Test, in deciding whether it is reasonable in all the circumstances to grant aid, takes into account: | ||
| the nature and extent of any benefit that an applicant may gain if aid is approved, or any detriment an applicant may suffer if aid is refused; | ||
| whether the applicant has reasonable prospects of success in the proceedings; | ||
| that an "ordinarily prudent self funding litigant" would also risk funds in the proposed proceedings; and | ||
| that it is appropriate to spend limited public funds on the matter in terms of the likely benefit to the applicant, or in some circumstances to the community. | ||
