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This is a Bill, not an Act. For current law, see the Acts databases.
LEGAL AID AMENDMENT BILL 2005
2005
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Legal Aid
Amendment Bill 2005
Contents
Page
2005
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Legal Aid Amendment
Bill 2005
A Bill for
An Act to amend the
Legal Aid Act
1977
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Legal Aid Amendment Act 2005.
This Act commences on the day after its notification day.
Note The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
This Act amends the Legal Aid Act 1977.
4 Interpretation
for ActSection 5, definitions of legal
aid committee and member of a legal aid
committee
omit
5 Constitution
of commissionSection 7 (1)
(c)
omit
renumber paragraphs when Act next republished under Legislation
Act
omit
8 Guidelines
for provision of assistanceNew section 12
(ab)
insert
(ab) in deciding the nature and extent of the legal assistance to be given
in relation to a matter or proceeding or any part of a matter or proceeding;
and
renumber paragraphs when Act next republished under Legislation
Act
10 Professional
conduct by officers of commissionSection 13
(4)
omit
11 Establishment
and functions of legal aid committeesPart
3
omit
12 Rights
of officers of commission in relation to legal
practiceSection 22 (8)
omit
renumber subsections when Act next republished under Legislation
Act
14 Legal
practitioner on recordSection 23
(2)
omit
15 Application
for legal assistanceSection 25
(1)
substitute
(1) An application for legal assistance must be made in writing.
Note If a form is approved under s 99 for this provision, the form
must be used (but see s (2)).
(1A) However, subsection (1) does not apply to legal assistance consisting
of—
(a) legal advice; or
(b) duty lawyer services; or
(c) minor legal assistance.
renumber subsections when Act next republished under Legislation
Act
substitute
26 Deciding applications for legal
assistance
(1) Each application for legal assistance must be decided
by—
(a) the chief executive officer; or
(b) an officer of the commission authorised by the chief executive
officer; or
(c) if a direction under subsection (3) applies to the
application—the commission.
(2) Each application must be decided in accordance with this Act and, in
particular—
(a) any direction by the Minister under section 8 to apply a funding
agreement; and
(b) any guidelines by the commission under section 12; and
(c) the priorities decided under section 10 (1) (g).
Note Section 28 provides for circumstances in which legal assistance
may be provided.
(3) The commission must give, and make known to the public, directions
about the particular kinds of application that must be decided by the
commission.
(4) For subsection (1), the decision maker may make any inquiries and
obtain any reports and advice (including the opinion of counsel) that the
decision maker considers appropriate.
(5) The cost of making inquiries or obtaining reports or advice under
subsection (4) is payable—
(a) if the decision maker under subsection (1) decides that the cost
should be paid by the applicant—by the applicant; or
(b) in any other case—out of the fund.
(6) If the application is approved, the decision maker must also decide,
in accordance with guidelines under section 11 (Guidelines for allocation of
work) and section 12 (Guidelines for provision of assistance)—
(a) whether the assistance is to be given by an officer of the commission
or a private legal practitioner; and
(b) the nature and extent of the assistance to be given; and
(c) whether the assistance is to be given free, or on any of the
conditions mentioned in section 31 (1) (Contribution towards costs and
expenses).
27 Ending or changing legal
assistance
The decision maker under section 26 may, in relation to approved legal
assistance—
(a) end the assistance; or
(b) change the nature or extent of the assistance; or
(c) impose a condition under section 31 (1) (Contribution towards
costs and expenses) on the giving of further assistance; or
(d) change a condition imposed under section 31 (1) on the giving of
further assistance.
18 Circumstances
in which legal assistance may be
providedSection 28 (1)
substitute
(1) Subject to this section, and section 28A, legal assistance may be
provided to a person under this Act only if—
(a) the person is in need of that legal assistance because the person
cannot afford the cost of obtaining the assistance from private legal
practitioners; and
(b) it is reasonable in all the circumstances to provide the legal
assistance.
(1A) However, subsection (1) does not apply to legal assistance consisting
of—
(a) legal advice; or
(b) duty lawyer services; or
(c) minor legal assistance.
renumber subsections when Act next republished under Legislation
Act
20 Legal
assistance under the conventionSection 28A
(1)
substitute
(1) A person is entitled to legal assistance if—
(a) the person applies for legal assistance to obtain recognition or
enforcement of a decision given in a proceeding in a contracting state in
accordance with the convention; and
(b) the chief executive officer is satisfied that the person has received
legal aid in accordance with the convention, article 1 for the
proceeding.
30A Minor legal assistance
(1) The commission may provide minor legal assistance to a person in
accordance with guidelines under section 12.
Example of minor legal
assistance
assistance with writing a letter or the completion of a form
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(2) Minor legal assistance may be given subject to any of the following
conditions:
(a) that the person pays to the commission a contribution of a stated
amount towards the cost to the commission of providing the assistance;
(b) that the person makes a payment or payments to the commission in
relation to any out-of-pocket expenses incurred, or to be incurred, by the
commission in providing the assistance.
22 Security
for payment of contributionSection 31A
(1)
substitute
(1) If the provision of legal assistance is subject to the condition
mentioned in section 31 (1) (c), the chief executive officer may lodge with the
registrar-general for registration a notice certifying that an amount payable to
the commission under section 31 is a charge on land stated in the
notice.
23 Arranging
for services of private legal
practitionersSection 32
(1)
substitute
(1) The commission must keep a list of private legal practitioners who
have told the commission that they are willing to act for legally assisted
people—
(a) generally; or
(b) in particular kinds of matters; or
(c) in particular courts or before particular tribunals.
omit
renumber subsections when Act next republished under Legislation
Act
after section 32, insert
32AA Payments to private legal
practitioners
(1) This section applies if a private legal practitioner performs legal
services in a matter for a legally assisted person under this Act.
(2) The legal practitioner must give an invoice for the services to the
commission within 6 months after the day the matter is finalised.
(3) The commission must pay the invoice in accordance with the fees
decided under section 32.
(4) If the private legal practitioner does not give the commission an
invoice for the services in accordance with subsection (2), the commission is
not obliged to pay the legal practitioner for the legal services.
(5) The commission is not obliged to pay for legal services provided for a
person before the person applies for legal assistance.
(6) However, the commission may pay for legal services mentioned in
subsection (5) if the legal practitioner has given the chief executive officer
notice that the person intends to apply for legal assistance for the
services.
27 Payment
by commission of costs awarded against legally assisted
personsSection 34 (2)
substitute
(2) A request under subsection (1) must be decided by a statutory officer
of the commission in accordance with guidelines determined by the commission
under section 12 (c).
omit
or the legal aid committee, as the case may be,
29 Notification
of decisionsSection 35
(1)
omit
commission, an officer of the commission or a legal aid committee
substitute
commission or an officer of the commission
30 Reconsideration
of decisionSection 36 (1)
(e)
substitute
(e) requiring an applicant for legal assistance to pay expenses incurred
by an officer of the commission in making inquiries, or obtaining, reports or
advice, to decide an application for legal assistance; or
omit
renumber paragraphs when Act next republished under Legislation
Act
33 Decision
of review committeeSection 40
(1)
omit
commission, an officer of the commission or a legal aid committee
substitute
commission or an officer of the commission
34 Acting
president of commissionSection
53
omit
35 MeetingsSection
54 (10)
omit
36 Interests
to be disclosedSection 55
(3)
omit
substitute
62 Delegation of commission’s power to
appoint
(1) The commission may delegate to the president its power to appoint a
person to act in the office of chief executive officer.
(2) The commission may delegate to the chief executive officer its power
to appoint a person to act as an assistant executive officer.
Note 1 For the making of delegations and the exercise of delegated
functions, see the Legislation Act, pt 19.4.
Note 2 For the making of appointments (including acting
appointments), see the Legislation Act, pt 19.3.
38 Administrative
provisions relating to legal aid
committeesPart 9
omit
39 Liabilities
of commission and TerritorySection 91
(4)
omit
of a legal aid committee,
omit
a member of a legal aid committee,
41 False
or misleading statementsSection 95
(2)
omit
, or by a person acting in the office of chief executive officer,
42 Certificate
as to amounts owing to commissionSection
96
omit
, or by a person acting in the office of chief executive officer,
insert
Part 14 Transitional
101 Secrecy—members of former legal aid
committee
(1) Despite the amendment of this Act by the Legal Aid Amendment
Act 2004 (the amending Act), the Act, section 92 as in
force immediately before the commencement of the amending Act continues to apply
to a person who has been a member of a legal aid committee.
(2) Subsection (1) is a law to which the Legislation Act, section 88
(Repeal does not end effect of transitional laws etc) applies.
(3) This part expires 1 year after the day the amending Act
commences.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2005.
2 Notification
Notified under the Legislation Act on 2005.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2005
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