Queensland Consolidated Acts

LEGAL AID QUEENSLAND ACT 1997 - SECT 40

40 How much is payable by Legal Aid to a Legal Aid service provider etc.

(1) Legal Aid must—

(a) decide the fees payable by Legal Aid to a Legal Aid service provider for legal assistance given by the service provider under this Act; and

(b) pay the fees to the service provider.

(2) Subsection (1) (b) does not apply if the legal assistance is given on a voluntary basis.

(3) A fee may—

(a) apply generally to all Legal Aid service providers and matters or be limited in its application to—

(i) a particular Legal Aid service provider or matter; or

(ii) particular classes of Legal Aid service providers or matters; or

(b) otherwise apply generally or be limited in its application by reference to specified exceptions or factors.

(4) If Legal Aid gives a person legal assistance under an agreement with a Legal Aid service provider, the service provider may receive only the following amounts for the legal service given—

(a) an amount decided by Legal Aid as the fee for the service;

(b) an amount for disbursements, including barristers’ fees, and out-of-pocket expenses reasonably incurred by the service provider;

(c) another amount approved by Legal Aid, but only if any conditions imposed on the approval are complied with.

Penalty—

Maximum penalty—100 penalty units or 2 years imprisonment.

(5) An amount payable by Legal Aid to a Legal Aid service provider under this section may be paid by Legal Aid allowing the service provider to retain contributions given to the service provider by legally assisted persons under this Act.