Queensland Consolidated Acts

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