Legal assistance

18 Recommendation as to legal assistance

(1)

An inquiry may, at any time, make a recommendation to the chief executive of the relevant department that funding be granted for the purpose of providing legal assistance to 1 or more specified persons—

(a)

who wish, or who are required, to appear before the inquiry; or

(b)

who have an interest in the inquiry.

(2)

In determining whether to make a recommendation under subsection (1), the inquiry must consider—

(a)

the likelihood of hardship to a person if legal assistance is declined; and

(b)

the nature and significance of the contribution that the person will, or is likely to, make to the inquiry; and

(c)

the extent to which legal assistance is, or is likely to be, required to enable the inquiry to fulfil its purpose; and

(d)

any other matters relating to the public interest.

(3)

If a recommendation is made under subsection (1), the chief executive may—

(a)

grant funding for the legal assistance recommended under that subsection; and

(b)

impose any conditions that he or she considers appropriate.

(4)

In this section, legal assistance means—

(a)

legal representation; or

(b)

legal advice or help (for example, help with drafting submissions to an inquiry); or

(c)

both.