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LEGAL AID QUEENSLAND ACT 1997
- As at 1 March 2023
- Act 18 of 1997
TABLE OF PROVISIONS
Long Title
PART 1 - PRELIMINARY
1. Short title
2. Commencement
3. Main objects
4. Dictionary
5. Meaning of legal assistance
6. Meaning of legally assisted person
7. Meaning of legal assistance arrangement
PART 2 - LEGAL ASSISTANCE
Division 1 - Preliminary
8. Application of pt 2
Division 2 - Giving legal assistance
9. Applying for legal assistance
10. How to apply for legal assistance
11. What is taken into account in deciding whether legal assistance may be given
12. What is taken into account in deciding whether an applicant needs legal assistance
13. What else is taken into account if the applicant is a corporation
14. What else is taken into account in deciding whether to give legal assistance for an applicant not normally resident in the State
15. Effect of likely outcome on decision whether to give legal assistance for a court proceeding
16. Legal Aid may assist person having an interest adverse to the State etc.
17. Deciding applications
18. Conditions of approval
19. How Legal Aid may enforce a condition of an approval
20. Legal Aid must give written notice if it refuses an application
Division 3 - Reviews and court orders and recommendations
21. Reviewing legal assistance decisions
21A. Legal assistance ordered by court for cross-examination of protected witness
22. Court may recommend legal assistance
Division 4 - Alternative dispute resolution
23. Definitions for div 4
24. Legal Aid’s powers in relation to alternative dispute resolution
25. Admissions made to conferencing chairpersons
26. Conferencing chairperson to maintain secrecy
27. Ordinary protection and immunity allowed
Division 5 - General duties of lawyers and Legal Aid service providers
28. Lawyer must notify other parties that a person is legally assisted
29. Legal Aid service provider must give particular information to Legal Aid
Division 6 - Costs of proceedings
30. What court proceeding costs is a legally assisted person taken to be entitled to, or responsible for, for the purpose of costs orders
31. Legal Aid’s subrogation rights for costs
32. Legal Aid may pay costs awarded against legally assisted person
Division 7 - Other provisions about Legal Aid’s recovery of its costs and expenses
33. How lawyer must deal with particular amounts recovered by a legally assisted person
34. How lawyer must deal with particular property, other than amounts, recovered by a legally assisted person
35. How Legal Aid service provider must deal with contributions received for Legal Aid
36. Legal Aid’s entitlement to repayment of costs if legally assisted person recovers property etc.
37. Legal Aid may direct legally assisted person to take action to recover particular property
38. Legal Aid may charge a legally assisted person interest on particular unpaid amounts
39. How Legal Aid may recover particular unpaid amounts from a legally assisted person etc.
Division 8 - Legal Aid service provider’s fees
40. How much is payable by Legal Aid to a Legal Aid service provider etc.
PART 3 - LEGAL AID QUEENSLAND
Division 1 - Establishment
41. Establishment
42. Legal Aid is a body corporate etc.
42A. Legal Aid not public sector entity
42B. Application of provisions of Public Sector Act 2022
Division 2 - Functions and powers
43. Main functions
44. Other functions
45. General powers
46. Power to enter into legal assistance arrangements and other agreements
47. Power to assist court
PART 4 - LEGAL AID BOARD
Division 1 - Establishment, composition etc.
48. Establishment
49. Composition
50. Appointment conditions
51. Duration of appointment
52. Board’s functions
53. Board’s report to Minister
54. Board’s powers
55. Delegation of board’s powers
Division 2 - Procedure
56. Time and place of meetings
57. Quorum
58. Decisions
59. Decisions without meetings
60. Minutes
61. Procedure
62. Conflicts of interest
Division 3 - Attorney-General’s directions
63. Attorney-General may give board directions
PART 5 - OTHER PROVISIONS ABOUT LEGAL AID QUEENSLAND
Division 1 - Chief executive officer and employees
64. Chief executive officer of Legal Aid
65. Qualifications for appointment
66. Term of office
67. Chief executive officer’s responsibilities
68. Things done by chief executive officer
69. Delegation by chief executive officer
70. Employees
Division 2 - Legal practice
71. External employment
72. Particular provisions of the Legal Profession Act 2007 do not apply to Legal Aid lawyers
73. Legal Aid taken to be law firm etc.
73A. Holding of practising certificates
74. Professional conduct
75. Application of legal professional privilege to Legal Aid and Legal Aid lawyers
76. Legal Aid and its employees’ right of practice
77. Application of the Legal Profession Act 2007 to Legal Aid lawyers
78. Application of laws about conduct to Legal Aid lawyers who are barristers
79. Solicitor on the record
PART 6 - MISCELLANEOUS
80. Protection from liability
81. (Repealed)
82. Secrecy
83. Legal Aid employee’s duty to give information
84. Offence of misrepresentation
85. Proceedings under Act
86. Evidence
87. Approval of forms
88. Regulation-making power
PART 7 - TRANSITIONAL PROVISIONS
89. Former entity
90. (Expired)
91. Consultative committees, legal aid committees and review committees
92. Existing decisions and directions of, and delegations by, former entity’s Director
93. Review of decisions
94. Assets
95. Rights and liabilities
96. (Expired)
97. Proceedings
98. Existing arrangements or contracts
99. Former entity’s director
100. Former entity’s Assistant Directors and existing employees
101. References to Legal Aid Act 1978
102. References to former entity
103. References to former director
SCHEDULE - Dictionary
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