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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Legal Services Commission (Miscellaneous) Amendment
Bill 2016
A BILL FOR
An Act to amend the
Legal
Services Commission Act 1977
.
Contents
Part 2—Amendment of Legal Services
Commission Act 1977
4Amendment of section
5—Interpretation
5Amendment of section 6—Constitution of
Legal Services Commission
6Amendment of section 8—Quorum
etc
11ALegal Profession
Reference Committee
8Amendment of section 12—Advisory and
other committees
9Insertion of sections 12A and 12B
10Amendment of section
13—Delegation
11Amendment of section 18C—Director to
determine scale of fees for professional legal work
13Amendment of section
31A—Secrecy
14Amendment of section
33A—Immunity
15Amendment of section
34—Regulations
Schedule 1—Transitional
provision
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Legal Services Commission (Miscellaneous)
Amendment Act 2016.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Legal Services Commission
Act 1977
4—Amendment
of section 5—Interpretation
Section 5(1)—after the definition of legal practitioner
insert:
Legal Profession Reference Committee—see section
11A;
5—Amendment
of section 6—Constitution of Legal Services
Commission
Section 6(4)—delete subsection (4) and substitute:
(4) The Commission
consists of the following members:
(a) 1 (the Chairperson)
will be—
(i) a person holding judicial office; or
(ii) a legal practitioner of not less than 5 years
standing,
appointed by the Governor on the nomination of the Attorney-General;
and
(i) at least 1 must have experience in financial management; and
(ii) at least 1 must,
in the opinion of the Attorney-General, be an appropriate person to represent
the interests of assisted persons,
appointed by the Governor on the nomination of the Attorney-General;
and
(c) the Director.
(5) The Attorney-General must consult with the Law Society and the South
Australian Bar Association Incorporated before making a nomination under
subsection (4)(b)(ii)
.
6—Amendment
of section 8—Quorum etc
(1) Section 8(1)—delete subsection (1) and substitute:
(1) Subject to this Act, 3 members of the Commission constitute a quorum
of the Commission.
(2) Section 8(1a)—delete subsection (1a)
(3) Section 8(4)—delete "Chairman" wherever occurring and substitute
in each case:
Chairperson
After section 11—insert:
11A—Legal Profession Reference
Committee
(1) The Commission must establish a committee (the Legal Profession
Reference Committee) to—
(a) advise the Commission in relation to—
(i) any matter referred to it by the Commission; or
(ii) any of the Commission's functions under the Act; or
(b) perform any other function assigned to the Committee by this
Act.
(2) The Legal Profession Reference Committee will consist of
7 members appointed by the Commission, of whom—
(a) 1 will be the Chairperson of the Commission; and
(b) 1 will be the Director; and
(c) 1 will be an employee of the Commission nominated by the Commission;
and
(d) 2 will be nominated by the Law Society; and
(e) 2 will be nominated by the South Australian Bar Association
Incorporated.
(3) Members of the Legal Profession Reference Committee will hold office
on such terms and conditions as the Commission thinks fit.
(4) Subject to this Act and any directions of the Commission, the Legal
Profession Reference Committee may determine its own procedures.
8—Amendment
of section 12—Advisory and other committees
Section 12—after "establish" insert:
such other
9—Insertion
of sections 12A and 12B
After section 12 insert:
12A—Appeals
(1) An appeal against a decision of the Director under Part 4 must be
heard by a panel of 3 persons as constituted by the Commission as
follows—
(a) at least 1
person must be a member of the Commission (other than the Director);
and
(b) depending on the number of members of the Commission under
paragraph (a)
, may include up to 2 assessors selected by the Commission from the
panel of assessors established under
section 12B
.
(2) The presiding member of a panel hearing an appeal will
be—
(a) if the constitution of the panel includes the Chairperson of the
Commission—the Chairperson; or
(b) if the constitution of the panel does not include the Chairperson of
the Commission—
(i) in the case of a panel that includes only 1 member of the
Commission—that member; or
(ii) in the case of a panel that includes 2 or more members of the
Commission—the member agreed by those members of the Commission.
(3) A matter required to be decided by the panel will be decided according
to the opinion of the majority of them but, if their opinions on the matter are
equally divided, the question is to be decided according to the opinion of the
presiding member.
12B—Panel of assessors
(1) The Commission must establish a panel of persons who may sit as
assessors consisting of persons who, in the opinion of the Commission, have
appropriate qualifications and experience to hear appeals against decisions of
the Director.
(2) A member of the panel is to be appointed by the Commission for a term
of office not exceeding 3 years and on conditions determined by the Commission
and specified in the instrument of appointment.
(3) A member of the panel is, on the expiration of a term of office,
eligible for reappointment.
(4) A member of the panel who has a personal or a direct or indirect
interest in a matter before the Commission is disqualified from participating in
the hearing of the matter.
10—Amendment
of section 13—Delegation
Section 13—after subsection (2) insert:
(2a) To avoid doubt, subsection (2)(b) does not apply to, or in respect
of, the inclusion of assessors on a panel hearing an appeal under
section 12A.
11—Amendment
of section 18C—Director to determine scale of fees for professional legal
work
Section 18C—delete "Law Society" and substitute:
Legal Profession Reference Committee
12—Amendment
of section 19—Determination and payment of legal assistance costs to legal
practitioners (other than Commission practitioners)
Section 19(7)(b)—delete "Law Society" and substitute:
Legal Profession Reference Committee
13—Amendment
of section 31A—Secrecy
(1) Section 31A(1)(c)—after "committee" insert:
(including the Legal Profession Reference Committee)
(2) Section 31A(1)—after paragraph (c) insert:
(ca) a member or former member of the panel of assessors established under
section 12B; or
14—Amendment
of section 33A—Immunity
Section 33A(1)—after "the Commission" first occurring
insert:
or a member of the panel of assessors established under section
12B
15—Amendment
of section 34—Regulations
Section 34(2)—delete subsection (2)
Schedule 1—Transitional
provision
(1) Despite any other provision of the principal Act, a member of the
Commission, other than the Chairman or the Director of the Commission, holding
office immediately before the relevant day will cease to hold office on the
relevant day and any contract of employment, agreement or arrangement relating
to the office held by that member is terminated by force of this clause at the
same time (and no right of action will arise against a Minister or the State on
account of that termination).
(2) In this clause—
principal Act means the
Legal
Services Commission Act 1977
;
relevant day means the day on which this clause comes into
operation.