South Australian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

LEGAL SERVICES COMMISSION ACT 1977 - SECT 19

19—Determination and payment of legal assistance costs to legal practitioners (other than Commission practitioners)

        (1)         A legal practitioner assigned to provide legal assistance for an assisted person is only entitled to be paid for professional legal work that the Director has authorised to be performed.

        (2)         The legal practitioner must provide the Commission with such accounts as the Director may require.

        (2a)         The Director must determine, in accordance with the scale, the fees for professional legal work performed by the legal practitioner.

        (3)         The legal practitioner may, within 1 month after receiving written notice of the determination of the Director, appeal against the determination to the Commission.

        (4)         On an appeal under subsection (3), the Commission may affirm the determination of the Director or vary the determination as it thinks fit.

        (5)         The Commission must at such times as it thinks fit (being not less than twice in any year) pay to legal practitioners who have been assigned to provide legal assistance for assisted persons

            (a)         the disbursements and out-of-pocket expenses approved by the Director; and

            (b)         such proportion of the balance of the legal assistance costs determined by the Director under this section as the Commission thinks fit.

        (6)         The Commission may make payments to a legal practitioner under subsection (5)(a) in respect of legal assistance without concurrently making a payment under subsection (5)(b) in respect of that legal assistance.

        (7)         Despite the preceding subsections, the Commission may remunerate legal practitioners who have been assigned to provide legal assistance for assisted persons

            (a)         by way of lump sum payments fixed in relation to the various categories of professional legal work; or

            (b)         on any other basis determined by the Commission after consultation with the Legal Profession Reference Committee.

        (8)         This section does not apply to Commission practitioners.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback