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LEGAL AID ACT 1978
TABLE OF PROVISIONS
Long Title
1. Short title and commencement
2. Definitions
PART II--VICTORIA LEGAL AID[1]
3. Establishment
4. Objectives
5. VLA not to represent the Crown
6. Functions and powers
7. Duties of VLA
8. Arrangements and guidelines for allocation of legal aid work
9. Guidelines for provision of legal aid
10. Delegation
11. Board of directors
12. Role of board
12B. Appointment of directors
12C. Terms and conditions of appointment of directors
12D. Vacancies, resignations, removal of directors from office
12E. Acting chairperson
12G. Validity of decisions of board
12H. Proceedings of board
12I. Resolutions without meetings
12J. Disclosure of interests
12JA. Role of chief executive officer
12JB. Appointment of chief executive officer
12JC. Terms and conditions of appointment of chief executive officer
12JD. Vacancy, resignation, removal from chief executive officer's office
12JE. Acting chief executive officer
12JF. Validity of decisions of chief executive officer
12K. Community consultative committee
12L. Terms and conditions of appointment to community consultative committee
12LA. Collaborative planning committee
12LB. Terms and conditions of appointment to collaborative planning committee
12LC. Reports of collaborative planning committee
12M. Attorney-General may give directions to the board
12MA. Directions regarding funding of community legal services
12MB. Strategic plan
12MC. Annual corporate plan
12N. Annual report
12O. Quarterly reports
PART III--OFFICERS OF COMMISSION
15. Officers and employees
16. VLA and its officers are subject to legal professional standards and duties
17. In any proceeding signature of officer of VLA deemed to be signature of legal practitioner for a party to the proceeding
PART IV--INDEPENDENT REVIEWERS
18. Panel of independent reviewers
19. Functions of independent reviewers
PART V--PROVISION OF LEGAL ASSISTANCE
23. Applications for legal assistance
24. Circumstances in which legal assistance may be provided
25. Legal assistance may be provided notwithstanding that the interests of the assisted person are adverse to the State or the Commonwealth
26. Certain legal aid provided without charge
27. Conditions
27A. Refund of money paid in accordance with section 27
28. Decisions relating to the provision of legal services
29. Variation of a decision to provide legal assistance
29A. Practitioner panels
29B. Assignment of case to practitioner panel
30. Selection of practitioner[2]
30A. Immunity of participants
31. Relationship between legal practitioner and client
32. Private legal practitioner to demand, take or accept payment allowed by the Act
33. Statement of reasons for a decision to be given
PART VI--RECONSIDERATION AND REVIEW OF DECISIONS: COMPLAINTS
34. Reconsideration of decisions of VLA and independent reviewer
35. Review of decisions of VLA
36. Review of decisions of independent reviewer
37. Conflicts of interest
PART VIA--LAW AID SCHEME
40A. Definitions
40B. Immunity
40C. Fee agreement
40D. Contingent payments
40F. Certain information not to be revealed
40G. Recovery of costs
40H. Grant to trust fund
PART VIB--ALTERNATIVE DISPUTE RESOLUTION
40I. Alternative dispute resolution programs
40J. Confidentiality
40K. Freedom of Information Act 1982
40L. Admissibility of evidence
40M. Immunity for conference chairpersons
PART VII--FINANCIAL
41. Legal Aid Fund
PART VIII--MISCELLANEOUS
43. Officers etc. of VLA not to reveal any information without consent of VLA
44. False statements
45. Court may order a person convicted of offence under section 44 to pay an amount to VLA
46. Legal costs
47. Costs to be paid to the Fund
47A. Costs may be charged on the land
47B. Charges over Transfer of Land Act land
47D. Extinguishment of charge
47E. Enforcement of the charge
47F. Action not barred by Limitation of Actions Act 1958
48. Costs
48B. Certificate of costs
48C. Assignment of right to recover money to VLA
49. State may enter into agreements and arrangements
49AA. VLA's power to enter legal aid arrangements
49A. Supreme Court—limitation of jurisdiction
49B. Supreme Court—limitation of jurisdiction
50. Regulations
51. Transitional provisions (1997 Amending Act)
52. Transitional provisions: Legal Aid (Amendment) Act 1998
53. Saving provision—Justice Legislation (Evidence and Other Acts) Amendment Act 2016
54. Transitional provision—Justice Legislation Amendment (Access to Justice) Act 2018
ENDNOTES
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