South Australian Current Acts South Australian Current Acts (1) In this Act,
unless the contrary intention appears—
"appointed member" in relation to the Commission, means a member appointed by
the Governor;
"assisted person" means a person for whom legal assistance is provided or
arranged by the Commission;
"the Commission" means the Legal Services Commission established under this
Act;
"Commission practitioner" means a legal practitioner employed by
the Commission;
"the Director" means the person for the time being holding, or acting in, the
office of Director of Legal Services under this Act;
"the fund" means the Legal Services Fund established under this Act;
"the Law Society" means the Law Society of South Australia Incorporated;
"legal assistance" means assistance in any matter affecting the rights or
liberty of any person;
"legal assistance costs" means the costs of providing legal assistance to an
assisted person (see also subsection (2));
"legal practitioner" means a person who is entitled to practise the profession
of the law in this State;
"Legal Profession Reference Committee"—see section 11A;
"notional fees" means the fees that would be paid for professional legal work
if the work were—
(a)
authorised by the Director to be performed; and
(b)
performed by a legal practitioner who is not a Commission practitioner;
"restraining order" means a restraining order under the
Criminal Assets Confiscation Act 2005 ;
"scale" means the scale of fees for professional legal work determined by
the Director under section 18C;
"the statutory interest account" means the account entitled the
"Statutory Interest Account" maintained by the Law Society.
(2) For the purposes
of this Act, "legal assistance costs" are comprised of the following:
(a) in
the case where the legal assistance is provided by a legal practitioner who is
not a Commission practitioner—
(i)
the fees determined in accordance with the scale plus
interest (if any) on those fees; and
(ii)
any disbursements and out-of-pocket expenses approved by
the Director;
(b) in
the case where the legal assistance is provided by a Commission
practitioner—
(i)
the notional fees determined in accordance with the
scale; and
(ii)
any disbursements and out-of-pocket expenses approved by
the Director.