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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Institutions Legislation Amendment Bill 2024
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Legal Aid Commission Act 1979 No 78 3
Schedule 2 Amendment of Legal Profession Uniform Law Application Act 2014
No 16 7
Schedule 3 Amendment of Personal Injury Commission Act 2020 No 18 10
Schedule 4 Amendment of Royal Institute for Deaf and Blind Children Act
1998 No 6 11
I certify that this public bill, which originated in the Legislative Assembly, has finally passed
the Legislative Council and the Legislative Assembly of New South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2024
New South Wales
Institutions Legislation Amendment Bill 2024
Act No , 2024
An Act to amend various Acts relating to institutions in New South Wales.
I have examined this bill and find it to correspond in all respects with the bill as finally
passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Institutions Legislation Amendment Bill 2024 [NSW]
The Legislature of New South Wales enacts--
1 Name of Act
This Act is the Institutions Legislation Amendment Act 2024.
2 Commencement
This Act commences as follows--
(a) for Schedule 2[9] and [10]--on a day or days to be appointed by proclamation,
(b) otherwise--on the date of assent to this Act.
Page 2
Institutions Legislation Amendment Bill 2024 [NSW]
Schedule 1 Amendment of Legal Aid Commission Act 1979 No 78
Schedule 1 Amendment of Legal Aid Commission Act 1979
No 78
[1] Section 4 Definitions
Insert in alphabetical order in section 4(1)--
approved panel policies and guidelines means the policies and guidelines
approved, from time to time, by the Board under section 55.
panel means a Legal Aid Review Panel.
[2] Section 4(1), definition of "Legal Aid Review Committee"
Omit the definition. Insert instead--
Legal Aid Review Panel means a Legal Aid Review Panel established under
section 54.
[3] Sections 25(2), (3) and (5), 26(3), 27(1) and (2) and 60F(b)
Insert "or panel" after "committee" wherever occurring.
[4] Sections 34(4), 38(4), 47(6), 57(a)(i) and (ii), 58 and 60(1) and (2)
Omit "Legal Aid Review Committee" wherever occurring.
Insert instead "Legal Aid Review Panel".
[5] Part 3, Division 3
Omit the division. Insert instead--
Division 3 Legal Aid Review Panels
53 Approval of persons as members of pool
(1) The Board must approve a pool of persons to act as members of Legal Aid
Review Panels.
(2) The persons approved as members of the pool must be Australian legal
practitioners.
(3) The Board may, at any time, remove a member from the pool.
54 Establishment of Legal Aid Review Panels
(1) The Board may, from time to time and in accordance with approved panel
policies and guidelines, establish the following to hear and determine appeals
in relation to the provision of legal aid--
(a) for an appeal raising a complex question of law or policy--a Legal Aid
Review Panel comprising at least 2 members from the pool,
(b) otherwise--a Legal Aid Review Panel comprising 1 member from the
pool.
(2) For the purpose of hearing and determining an appeal, a Legal Aid Review
Panel must comply with approved panel policies and guidelines.
55 Board may approve policies and guidelines for panels
(1) The Board may, from time to time, approve policies and guidelines about the
following--
(a) the procedure for the approval of persons as members of the pool,
Page 3
Institutions Legislation Amendment Bill 2024 [NSW]
Schedule 1 Amendment of Legal Aid Commission Act 1979 No 78
(b) the method of establishing a Legal Aid Review Panel, including what
constitutes an appeal raising a complex question of law or policy,
(c) the operation and procedures of panels, including the way in which
panels must hear and determine appeals.
(2) Approved panel policies and guidelines must be published on the website of
Legal Aid NSW.
[6] Section 56
Omit the section. Insert instead--
56 Appeals
(1) An applicant or legally assisted person may appeal against the following
decisions made by a person or committee under this Act--
(a) the determination or redetermination of an application for legal aid,
(b) a decision to vary a grant of legal aid, including the redetermination of
a variation of a grant of legal aid,
(c) a decision to decline payment of the whole or part of costs awarded
against the legally assisted person.
(2) An appeal may not be made against a decision in the following
circumstances--
(a) if the application--
(i) relates to proceedings in the Local Court in relation to a criminal
offence, and
(ii) is refused wholly or partly on the ground the applicant fails to
satisfy the means test determined by the Commission under
section 35(1),
(b) if the application relates to proceedings in the Local Court in relation to
a criminal offence and the applicant is dissatisfied because the applicant
must pay a contribution towards the costs and expenses of the legal
services sought by the applicant,
(c) a decision to impose a condition on a grant of legal aid with the effect
the Commission will provide the legal aid by--
(i) making available the services of the Chief Executive Officer or
members of the staff of the Commission, or
(ii) arranging for the services of the Public Defenders to be made
available, or
(iii) arranging for the services of law practices to be made available,
wholly or partly at the expense of the Commission,
(d) the circumstances prescribed by the regulations.
(3) An appeal made against a decision to refuse or terminate the provision of legal
aid lapses if, after the appeal is lodged, the Commission makes a decision to
provide the legal aid on a redetermination of the matter.
(4) An appeal must be lodged with the Commission--
(a) in the approved form, and
(b) no later than 21 days after notice of the decision being appealed is
received by the appellant.
Page 4
Institutions Legislation Amendment Bill 2024 [NSW]
Schedule 1 Amendment of Legal Aid Commission Act 1979 No 78
[7] Section 59 Determination of appeal
Omit "Committee shall" wherever occurring in section 59(1)-(3).
Insert instead "Panel must".
[8] Schedule 7 Constitution and procedure of Legal Aid Review Committees
Omit the schedule.
[9] Schedule 8 Savings, transitional and other provisions
Insert after clause 57(3)--
(4) This clause ceases to have effect on the commencement of this schedule, Part
13.
[10] Schedule 8, Part 13
Insert after Part 12--
Part 13 Provisions consequent on enactment of
Institutions Legislation Amendment Act 2024
59 Definition
In this part--
amending Act means the Institutions Legislation Amendment Act 2024.
60 Legal Aid Review Committees
(1) This Act, as in force immediately before the commencement of the amending
Act, Schedule 1, continues to apply to--
(a) a Legal Aid Review Committee in existence immediately before the
substitution (the Committee), and
(b) a decision made by the Committee, and
(c) a hearing commenced, but not yet determined by, the Committee.
(2) Each member of the Committee continues to hold office as a member of the
Committee until whichever of the following occurs first--
(a) the Board approves a pool of persons to act as members of Legal Aid
Review Panels under section 53, as substituted by the amending Act,
(b) 1 December 2024.
(3) A member of a Committee is eligible, if otherwise qualified, to be approved to
act as a member of a Legal Aid Review Panel.
(4) A person who, under this clause, ceases to hold office as a member of the
Committee is not entitled to remuneration or compensation because of the loss
of office.
61 Savings provision
This Act, as in force immediately before the commencement of the amending
Act, Schedule 1, continues to apply to the following--
(a) a hearing commenced, but not yet determined, immediately before the
commencement,
Page 5
Institutions Legislation Amendment Bill 2024 [NSW]
Schedule 1 Amendment of Legal Aid Commission Act 1979 No 78
(b) a determination or redetermination made immediately before the
commencement, including an appeal against the determination or
redetermination,
(c) an appeal lodged, but not yet determined, immediately before the
commencement.
Page 6
Institutions Legislation Amendment Bill 2024 [NSW]
Schedule 2 Amendment of Legal Profession Uniform Law Application Act 2014 No 16
Schedule 2 Amendment of Legal Profession Uniform Law
Application Act 2014 No 16
[1] Sections 20A-20C
Omit section 20A. Insert instead--
20A Delegation of functions of NSW Admission Board
(1) The NSW Admission Board may delegate any of the Board's functions under
the Legal Profession Uniform Law (NSW) or this Act, other than this power of
delegation and the power to make rules under this division, to--
(a) a committee of the Board, or
(b) a member of the Board, or
(c) a member of the staff of the Board, or
(d) a person, or a class of persons, prescribed by the regulations.
(2) A committee of the Board may subdelegate any of the Board's functions
delegated to the committee to a subcommittee of the committee.
20B Committees of NSW Admission Board
(1) The NSW Admission Board may establish and dissolve committees to assist
the Board in the exercise of the Board's functions.
(2) A committee may be established or dissolved by--
(a) a rule made under section 21A(2)(a), or
(b) a determination made by the NSW Admission Board.
(3) The NSW Admission Board may determine the procedure of a committee.
(4) A committee may act--
(a) in an advisory capacity, or
(b) as delegate of the Board.
(5) The members of a committee do not need to be members of the Board.
20C Staff of NSW Admission Board
Persons may be employed in the Public Service under the Government Sector
Employment Act 2013 to enable the Board to exercise the Board's functions.
Note-- See the Government Sector Employment Act 2013, section 59.
[2] Section 21A NSW Admission Board Rules
Omit ", and the discipline of," from section 21A(1)(b).
[3] Section 21A(1)(c1) and (c2)
Insert after section 21A(1)(c)--
(c1) the discipline of students-at-law, including enabling the NSW
Admission Board to establish a scheme for--
(a) the investigation of misconduct by students-at-law, and
(b) the discipline of students-at-law found to have engaged in
misconduct, and
(c2) the internal review of decisions made by the NSW Admission Board
and committees of the Board, and
Page 7
Institutions Legislation Amendment Bill 2024 [NSW]
Schedule 2 Amendment of Legal Profession Uniform Law Application Act 2014 No 16
[4] Section 21A(1)(e) and (f)
Insert at the end of section 21A(1)(d)--
, and
(e) fees in relation to the exercise of functions of the Board, other than a
function for which a fee is already prescribed by legal profession
legislation, and
(f) the waiver, postponement, reduction or refund, in whole or in part, of
the fees.
[5] Section 21A(1A)
Insert after section 21A(1)--
(1A) A provision of legal profession legislation that prescribes a fee prevails, to the
extent of an inconsistency, over a rule that specifies a fee.
[6] Section 21A(3)(d)
Insert after section 21A(3)(c)--
(d) apply, adopt or incorporate a document as in force at a particular time
or as in force from time to time.
[7] Section 21A(5)
Omit the subsection. Insert instead--
(5) The rules must be published--
(a) in the Gazette, and
(b) on a website maintained by the Board.
[8] Section 21B
Insert after section 21A--
21B NSW Admission Board--approved forms
The NSW Admission Board may approve forms for use in connection with the
Board's functions.
[9] Section 44A
Insert after section 44--
44A Crown Solicitor's Trust Account
(1) The Crown Solicitor must establish and maintain a trust account with an ADI
(the Crown Solicitor's Trust Account).
(2) The Attorney General may, by order, give directions to the Crown Solicitor
about--
(a) the records the Crown Solicitor must keep in relation to the Crown
Solicitor's Trust Account, and
(b) the procedures the Crown Solicitor must follow in maintaining the
Crown Solicitor's Trust Account.
(3) An account established, or taken to have been established, under the Legal
Profession Uniform Law Application Regulation 2015, clause 14 is taken to
have been established under this section.
Page 8
Institutions Legislation Amendment Bill 2024 [NSW]
Schedule 2 Amendment of Legal Profession Uniform Law Application Act 2014 No 16
(4) A direction made by the Attorney General under the Legal Profession Uniform
Law Application Regulation 2015, clause 14(2) is taken to be a direction under
subsection (2).
[10] Section 59 Local regulations to provide for fixed costs
Insert after section 59(2)--
(3) Without limiting subsection (1), the local regulations may--
(a) authorise a registrar to determine costs, subject to maximum costs
prescribed by the local regulations, and
(b) fix costs by adopting costs set out in an instrument made under another
Act, including reasonable costs for travel and sustenance and other
discretionary costs.
Page 9
Institutions Legislation Amendment Bill 2024 [NSW]
Schedule 3 Amendment of Personal Injury Commission Act 2020 No 18
Schedule 3 Amendment of Personal Injury Commission Act
2020 No 18
[1] Schedule 2 Provisions relating to members of Commission
Omit "12 months" from clause 8(5). Insert instead "3 years".
[2] Schedule 2, clause 9A
Insert after clause 9--
9A Acting Division Head
(1) If a Division Head is absent from duty, the Minister may appoint the President,
a Deputy President or a principal member to be an Acting Division Head
during the absence of the Division Head.
(2) The Minister may make an appointment--
(a) for a particular absence, or
(b) for any absence that occurs from time to time.
(3) An Acting Division Head has the functions of the Division Head and anything
done by an Acting Division Head in the exercise of the functions has effect as
if it had been done by the Division Head.
(4) In this clause--
absence from duty includes a vacancy in the office of a Division Head.
Page 10
Institutions Legislation Amendment Bill 2024 [NSW]
Schedule 4 Amendment of Royal Institute for Deaf and Blind Children Act 1998 No 6
Schedule 4 Amendment of Royal Institute for Deaf and Blind
Children Act 1998 No 6
[1] Long title
Omit the long title. Insert instead--
An Act to provide for matters relating to NextSense.
[2] Section 1 Name of Act
Omit "Royal Institute for Deaf and Blind Children Act 1998".
Insert instead "NextSense Act 1998".
[3] Section 3 Definitions
Omit section 3(1), definition of Institute. Insert instead--
Institute means NextSense, formerly known as--
(a) the Royal New South Wales Institute for Deaf and Blind Children, and
(b) the Royal Institute for Deaf and Blind Children.
[4] Section 3(2)
Omit the subsection.
[5] Part 2, heading
Omit the heading. Insert instead--
Part 2 NextSense
[6] Section 4 Continuation of Institute under new name
Omit "of the "Royal Institute for Deaf and Blind Children"" from section 4(1).
Insert instead "of "NextSense"".
[7] Section 4(2)
Omit "The Royal Institute for Deaf and Blind Children". Insert instead "NextSense".
[8] Section 6, heading
Omit the heading. Insert instead--
6 Object and functions
[9] Section 6(1)
Omit the subsection. Insert instead--
(1) The object of the Institute is to provide support and services to the following--
(a) persons living with hearing or vision loss,
(b) the families of persons living with hearing or vision loss,
(c) persons or bodies involved in providing care, support or other services
to persons with hearing or vision loss.
[10] Section 6(3)
Insert after section 6(2)--
Page 11
Institutions Legislation Amendment Bill 2024 [NSW]
Schedule 4 Amendment of Royal Institute for Deaf and Blind Children Act 1998 No 6
(3) The Institute has the functions necessary or convenient to enable it to achieve
its object.
[11] Schedule 1 Provisions relating to directors
Omit clause 4. Insert instead--
4 Term of office of directors
(1) The term of office of a director--
(a) starts on the director's election, and
(b) ends immediately before the third annual general meeting of the
Institute following the director's election.
(2) Subject to subclause (3), a member may not hold office as a director for more
than 3 terms, whether or not consecutive.
(3) The Board may, by resolution, declare that a member who has held office for
3 terms is eligible for re-election for a fourth term.
[12] Schedule 3 Savings and transitional provisions
Insert after Part 1--
Part 2 Provisions consequent on enactment of
Institutions Legislation Amendment Act 2024
6 Transitional provision--term of office of existing directors
(1) This clause applies to a person holding office as a director immediately before
the substitution of Schedule 1, clause 4 by the Institutions Legislation
Amendment Act 2024.
(2) The person may continue to hold the office until immediately before the third
annual general meeting of the Institute following the annual general meeting
at which the person was last elected.
7 Transitional provision--previous terms of office
(1) A term of office as director that ended before the substitution of Schedule 1,
clause 4 by the Institutions Legislation Amendment Act 2024 must not be taken
into account for Schedule 1, clause 4(2), as substituted.
(2) For a person to whom clause 6 applies, the term of office commencing at the
annual general meeting at which the person was last elected must be taken into
account for Schedule 1, clause 4(2), as substituted.
Page 12
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