Convicted killer and rapist Adrian Bayley is one step closer to appealing several of his rape sentences, after Victorian Legal Aid confirmed it would not launch court action to block his bid for taxpayer assistance.

The decision means Bayley's fate is in the hands of an independent reviewer, who will now consider his application for legal aid to fight the sentences. It follows lengthy legal battles over whether taxpayers should have to pay for Bayley's appeal against two rape convictions.

Victorian Legal Aid (VLA) would have faced a hefty legal bill if it had opted to fight Bayley in the Court of Appeal over the matter.

Bayley was already serving a life sentence for the 2012 rape and murder of Brunswick woman Jill Meagher when his non-parole period was increased in May from 35 to 43 years for the rape of two women in 2000 and 2012.

VLA had represented Bayley in his court appearances over his crimes against Ms Meagher and in three rape trials.

However, it refused to provide Bayley with legal assistance to appeal the convictions and sentences for the two rapes, and the sentence for raping a third woman, also in 2012.

Bayley requested an independent review of VLA's refusal, and retired judge John Nixon found it unreasonable for VLA to grant further legal help.

But Bayley appealed that decision in the Supreme Court, and in December Justice Kevin Bell found it was unlawful to deny Bayley legal assistance if the main reason was "that the applicant is a notorious and unpopular individual who has already been convicted of and sentenced for heinous crimes".

Former VLA chief counsel Saul Holt, QC, who acted pro bono for Bayley in his latest legal challenge, told the Supreme Court in December that two of the rape convictions were legally flawed and there was a strong chance an appeal would overturn them.

The government and opposition criticised Justice Bell's ruling, with Attorney-General Martin Pakula saying the government was "disappointed" in the decision and it would consider amending its laws governing how legal aid was distributed.

The state opposition called on Premier Daniel Andrews to immediately change the Legal Aid Act to block Bayley from gaining access to further funding.

But on Friday, Victoria Legal Aid executive director legal practice Kristen Hilton confirmed the organisation would not appeal Justice Bell's ruling.

"The application will be submitted for reconsideration by another independent reviewer," she said.

"Independent reviewers make decisions separately of Victoria Legal Aid about whether matters should be funded in line with the Legal Aid Act.

"We are continuing to consider the impact the judgment has on Victoria Legal Aid's responsibility to make decisions about who gets legal aid."

With Adam Cooper