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Seeking authority for expenditure from Legal Services at advice stage

Where a law centre is seeking to incur expenses at advice stage e.g. Counsel’s opinion, interpreters, or engage other professionals prior to a legal aid certificate being granted, authority to do so must be sought from Legal Services. This is done by way of a Submission for Authority on EOS. Legal Services will consider the submission and grant or refuse, as appropriate, authority.

Authority at advice stage should be distinguished from seeking authority for additional services once a legal aid certificate has already been granted, which is done by way of submission for an amended legal aid certificate.

The Submission for Authority on EOS is only used at advice stage – before a certificate has been granted

Where additional services are being requested after a legal aid certificate is granted, the Submission for an Amended Legal Aid Certificate should be used

The exception to this rule is where a law centre is seeking authority for conveyancing services to be provided in connection with a matter for which legal aid was previously provided. See Part 2 for further details.

Procedure 2.1 Making a Submission for Authority at advice stage

This procedure describes how to make a submission for Counsel’s opinion. It however can be suitably adapted for the making of a submission to incur any expenditure at advice stage.

  1. On the Submissions tab in EOS, select “Create New Submission”
  2. Select the following options:
    1. Submission Type: Submission for Authority
    2. Type of Proceedings: The matter you are looking for advice on
    3. Court: No Court Required
    4. Litigation Options: None
    5. Recommendation: Grant
    6. Decision Maker: Legal Services Submissions Inbox
    7. Status: To Be Submitted
    8. Additional Authority: Junior Counsel Opinion or Senior Counsel Opinion as appropriate.
  3. In the Authority Reason, make your submission to Legal Services, setting out the point(s) of law on which the opinion is sought, the time involved and any other relevant information.
  4. Click the “Add Additional Authority” button.
  5. If you need to enclose any documents with the Submission, choose them from the “Documents” drop down.
  6. Click the “Make Submission” button

Remember that you must click on the Documents tab and click the “Available to Legal Services” checkbox beside any documents you need to make available to Legal Services. It is important, therefore, that all documents necessary for a submission are uploaded prior to the submission being made.