Although the FAS is designed to be accessible for all victims, some victims may benefit from assistance from a lawyer. The FAS will pay reasonable legal costs incurred in representing a victim with a complex application, including complex FAS variation applications or complex VOCAT variation applications. The FAS will not pay legal costs associated with internal review applications.
A lawyer must not:
- charge or recover from an applicant any legal costs incurred for representing or assisting the applicant to apply for the FAS, unless otherwise allowed by the FAS[42]
- claim a lien over any amount of assistance granted to the applicant,[43] or
- withhold any legal or other costs or amounts from any amount of assistance granted to an applicant.[44]
The FAS will not pay legal costs if an application:
- is frivolous or vexatious
- is an abuse of process, or
- does not, on the factual and legal material available to the lawyer at the time of filing the application, have any reasonable prospects of success.
Footnotes
[42] Section 25(2)(a) of the Act.
[43] Section 25(2)(b) of the Act.
[44] Section 25(2)(c) of the Act.
Updated