The method of determining those cases which qualify have been mentioned already.
1: The applicant’s problem must be one listed in the Schedule to the Act; and
2: After inquiry by the office of Community Legal Services it must be shown that the applicant is unable to pay for the required service.
In other cases, the Act allows for the grant of legal aid on certification by the Judiciary.
There is no exception to the second requirement. Neither the Commission nor the director has any discretion in these matters.