Removal and suspension from a section 29A panel

Request to be removed from the panel

If a private law firm or private lawyer requests in writing, that VLA removes their name from the panel, then VLA must comply with the request.

Removal or suspension of a member by VLA

Part 7 of the Section 29A panel practitioner manual sets out the procedure VLA must follow to suspend or remove a private law firm or private lawyer from the panel.

Reinstatement to the panel

Material change in circumstances

If there has been a material change in the circumstances of a private law firm or of a private lawyer whom VLA has removed from the Section 29A Practitioner Panel, then the firm or lawyer may seek reinstatement to the panel.

Where a lawyer is acquitted of criminal charge or a conviction is overturned

A lawyer who has been removed is entitled to seek reinstatement if both:

  • VLA removed them because of a pending criminal investigation or after a criminal conviction
  • the lawyer is acquitted or their conviction is overturned on appeal.

In these circumstances, VLA cannot refuse to reinstate the lawyer unless VLA is satisfied on reasonable grounds that section 7 of the Legal Aid Act 1978 requires that the lawyer remain excluded from the panel.

Passage of time

A lawyer who has been removed may seek reinstatement to the panel after a period of removal.

In deciding whether to reinstate the lawyer as a panel member, VLA may take into account any information and circumstances VLA considers to be relevant.