delete The Civil Legal Aid (General) (Amendment No. 2) Regulations 1997
Amendment to Civil Legal Aid (General) Regulations 1989 adding regulation 26A, which creates exceptions to the requirement that applicants meet with a mediator in family matters before receiving legal aid. Also adds definitions for 'recognised mediator' and modifies the definition of 'assessment officer'. The exceptions allow bypassing mediation when no mediator is available or when emergency legal aid is needed.
This regulation imposes bureaucratic conditions on access to civil legal aid, requiring mediation meetings as a precondition for legal assistance in family matters. While it creates exceptions, it still creates regulatory barriers between citizens and legal services. Legal aid schemes themselves distort the legal services market by subsidizing some litigants while imposing costs on others. The 'recognised mediator' requirement creates a government-approved gatekeeping role that restricts market entry. The regulation serves todelay access to justice through mandatory procedural steps rather than allowing parties to freely choose legal representation. A genuinely liberal legal aid system would not require state approval of mediators or mandatory mediation meetings as a precondition for emergency assistance.