A person must request an independent review of a decision within 21 days after the date of VLA’s letter telling the person about the result of the internal reconsideration. This request must be in writing.
In most matters, VLA may waive or extend the time period in which a person can request independent review of a decision. However, VLA will not waive or extend the time limit if the request for independent review relates to either a criminal trial or a criminal appeal in the County Court or in the Supreme Court.
Under section 18 of the Legal Aid Act 1978, the Victorian Attorney-General has appointed a panel of paid independent reviewers.
A person may be appointed as an independent reviewer if:
Each independent reviewer has a three-year term. However, each may:
The functions of the independent reviewers, under section 19 of the Legal Aid Act are to:
An independent reviewer may review only the actual decision referred to them. In doing so, the independent reviewer must comply with:
The board’s determinations include:
An independent reviewer may confirm, change or reverse a VLA decision.
An independent reviewer may also, ‘in the interests of justice’, reconsider any of their own decisions and confirm, change or reverse that decision.
VLA will provide an independent reviewer with a memo referring the decision for review along with material received from the applicant and their lawyer in support of the application for legal assistance.
Sometimes, an independent reviewer may be the original decision-maker. However, this will happen only if a VLA staff member or a member of their family applies for a grant of legal assistance. In these cases, only an independent reviewer has the power to provide a grant of legal assistance to the person.
If the person seeks internal reconsideration of the original decision, then another independent reviewer (not a VLA staff member) will reconsider the decision. If the person then seeks independent review of that decision, then yet another independent reviewer will carry out the review.
The decision of an independent reviewer under section 35 of the Legal Aid Act is final and conclusive.