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Tuesday, 9 May 2000
Page: 16102


Mr McClelland asked the Attorney-General, upon notice, on 15 February 2000:

Do all veterans' appeals which have merit receive legal aid funding; if not, what criteria is applied in determining which veterans' appeals are funded.


Mr Williams (Attorney-General) —The answer to the honourable member's question is as follows:

Assistance may be granted to war veterans or their dependants in connection with appeals from decisions of the Veterans' Review Board in respect of war-caused disability pension entitlement or assessment claims under Part II of The Veterans' Entitlement Act 1986.

Such assistance is not subjected to the means test nor any contribution (except by way of costs recovered), but is subject to the merits test.

There are three elements to the merits test:

(i) a “reasonable prospect of success” test;(ii) the “ordinary prudent self funding litigant test”; and (iii) the test of “appropriate spending of limited public legal aid funds”.

Legal Aid Commissions are expected to fund all cases that meet these requirements.