PART 6SPECIFIC MERITS CRITERIA

CHAPTER 5Housing

Criteria for determinations for full representation in relation to court orders for possession61

1

For the purposes of a determination for full representation in relation to any matter described in paragraph 33(1)(a) of Part 1 of Schedule 1 to the Act (court orders for sale or possession of the individual's home), to the extent that it relates to court orders for possession of the individual's home, the criteria in—

a

regulation 39 (standard criteria for determinations for legal representation) F1and regulation 43 (prospects of success criterion for determinations for full representation) apply;

b

regulations F241, 42 and 44 (criteria for determinations for full representation) do not apply; and

c

paragraph (2) apply.

2

The Director must be satisfied that the following criteria are met—

a

if the individual is the defendant to a claim for possession, the individual has a defence to the claim; F3and

F4b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c

the proportionality test is met.