What to do if you do not get legal aid

If you apply for a grant of legal aid and your application is unsuccessful, you may be able to have your application reviewed.

Watch the video for an overview or read below for more information.

What if I don’t agree with the outcome of my application for a grant of legal aid?

If you do not agree with the decision about your grant of legal aid you can request that the decision is reviewed. In your request for review, you’ll need to explain the reasons why you think your application should be reviewed. It is important to know not all decisions can be reviewed.

Decisions that can be reviewed:

  • Refusal of a grant of aid (except a refusal based on too much income and assets)
  • Refusal to extend a grant of aid to cover more hours or a different stage of work
  • Refusal to approve a disbursement or out-of-pocket expense (for example, the cost of an expert report)
  • Unhappy with the conditions of grant of aid
  • Termination of a grant of aid

Decisions that cannot be reviewed:

  • Refusal of legal aid due to your income or assets being too high (failing the means test). If you can provide more information about your income and assets that shows a clearer financial situation your lawyer can apply again with this extra information.
  • If your grant of legal aid has a condition that you specifically be represented by a lawyer from Tasmania Legal Aid, or a private lawyer, you cannot appeal against this condition.

How do I seek a review?

  • Online form: [Link to webform]
  • Download printable form: [link to downloadable review app form] and email or post to:
    • Review.committee@legalaid.tas.gov.au
    • GPO Box 1422 Hobart 7001 TAS – address to Review Committee
  • Telephone (if you need assistance with completing the form): 1300 366 611

How soon do I need to make a request to review a decision?

You should send us your request to review a decision within 14 days of receiving the decision. In special circumstances someone may be approved more than 14 days, but they need to explain why they were not able to appeal earlier. This only happens in exceptional circumstances.

How long will it take to get back to me on my review?

We will consider all request for review as soon as we can and get back to you with the outcome. We aim to do this within 20 working days. Please make sure you tell us all the information about why you think a new decision needs to be made about your application and include any supporting documents.