Commonwealth Consolidated Acts

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Legal assistance

             (1)  A person who:

                     (a)  has made, or proposes to make, an application to the Tribunal for a review of a decision;

                     (b)  is a party to a proceeding before the Tribunal instituted by another person; or

                     (c)  proposes to institute a proceeding, or is a party to a proceeding instituted, before a court in respect of a matter arising under this Act;

may apply to the Attorney-General for the provision of assistance under this section in respect of the proceeding.

             (2)  Where an application is made by a person under subsection (1), the Attorney-General may, if he or she is satisfied that it would involve hardship to that person to refuse the application and that, in all the circumstances, it is reasonable that the application should be granted, authorize the provision by the Commonwealth to that person, either unconditionally or subject to such conditions as the Attorney-General determines, of such legal or financial assistance in relation to the proceeding as the Attorney-General determines.

             (3)  This section does not apply if the powers of the Tribunal in relation to the application, proceeding or matter concerned are or would be exercisable in the Migration and Refugee Division or the Social Services and Child Support Division.

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