Victorian Current Acts

LEGAL AID ACT 1978 - SECT 16

    (1)     VLA or an officer of VLA when engaging in legal practice—

        (a)     must observe the same rules and standards of professional conduct and ethics as those that a legal practitioner is, by law or a custom of the legal profession, required to observe in engaging in legal practice; and

        (b)     is subject to the same professional duties as those to which a legal practitioner is subject, by law or a custom of the legal profession, in engaging in legal practice.

    (2)     For the purpose of the application of subsection (1) in respect of a member of staff of VLA who is providing legal services to a person—

        (a)     VLA is deemed to be a law practice retained by the person to act on the person's behalf; and

        (b)     the members of staff of VLA are deemed to be employed by that law practice.

    (3)     For the purposes of this section, a reference to engaging in legal practice or providing legal services includes a reference to exercising a right of audience in a court.

    (4)     VLA must indemnify an officer of VLA against any negligent act or omission by the officer in the course of the performance of his or her duties or in good faith in the purported performance of those duties.

S. 16(5) amended by No. 17/2014 s. 160(Sch.  2 item 55.2).

    (5)     Parts 4.2 and 4.5 of the Legal Profession Uniform Law (Victoria) apply to the VLA as if it were an incorporated legal practice.

S. 17 amended by Nos 48/1995 s. 10(h), 35/1996
s. 453(Sch. 1 item 47.5).