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Appeals against Guardianship Tribunal - Disabled Persons

Legal aid is available to affected persons (other than witnesses) for Guardianship Act matters on appeal to the Supreme Court from decisions of the Guardianship Tribunal. Merit Test A applies to 'disabled' persons (as defined by the Act) for appeals to the Supreme Court from decisions of the Guardianship Tribunal. No means test applies in these matters.

The Mental Health Advocacy Service administers and co-ordinates legal aid grants and representation for proceedings before the GuardianshipTribunal under the Guardianship Act 1987, and for appeals to the Supreme Court from decisions of the Tribunal.

Representation
Representation in these matters is provided by Commission solicitors and private practitioners. Wherever possible Commission staff appear for disabled persons. Other affected persons are represented by private solicitors on a referral basis, except where no conflict exists (between the disabled person and the other affected person) and the Service can therefore appear for both persons. See also Other Applicants

There is no right of appeal to a Legal Aid Review Committee against a decision to provide aid on an inhouse basis (see ss34(4A) and 56(1AA) of the Legal Aid Commission Act 1979.




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The information contained on this page is not legal advice. If you have a legal problem you should talk to a lawyer before making a decision about what to do. The information on this page is written for people resident in, or affected by, the laws of New South Wales, Australia only.

most recently updated 19 March 2002