Western Australian Current Acts

LEGAL AID COMMISSION ACT 1976

TABLE OF PROVISIONS

           Long Title

   PART I -- Preliminary  

   1.      Short title
            
   2.      Commencement
            
   4.      Terms used
            
   5.      Other laws not affected

   PART II -- Establishment and functions of Legal Aid Commission of Western Australia  

   6.      The Commission
            
   7.      Composition of Commission
            
   8.      Tenure of office
            
   9.      Meetings of Commission
            
   9A.     Disclosure of interests of members
            
   10.     Validity of acts of Commission
            
   11.     Duties and remuneration of members
            
   12.     Functions of Commission
            
   13.     Appointed day
            
   14.     Commission to pay fees etc. to private practitioners providing legal assistance
            
   15.     Duties
            
   16.     Powers of Commission
            
   16A.    Reciprocal arrangements for legal assistance
            
   16B.    Delegation
            
   17.     Trust moneys

   PART III -- The Director of Legal Aid and the staff of the Commission  

   18.     Director of Legal Aid
            
   19.     Functions and powers of Director
            
   20.     Classification and appointment of staff
            
   21.     Terms and conditions of employment
            
   22.     Superannuation
            
   23.     Delegation

   PART IV -- Legal aid committees  

   24.     Establishment of legal aid committees
            
   25.     Constitution of legal aid committees
            
   26.     Meetings of legal aid committees
            
   26A.    Disclosure of interests of members of legal aid committees
            
   27.     Functions and powers of legal aid committees
            
   28.     Delegation
            
   29.     Validity of acts of legal aid committees

   PART V -- Provision of legal assistance

           Division 1 -- Provision of legal assistance by Commission  

   30.     Advertising of services
            
   31.     Name or names to be used by Commission in providing services
            
   32.     Commission may assist persons in matters affecting the State etc.

           Division 2 -- Legal aid by duty counsel and legal advice  

   33.     Provisions of legal advice and duty counsel services
            
   34.     Charges and payment to Fund

           Division 3 -- Legal aid generally  

   35.     Term used: legal aid
            
   36.     Application for legal aid
            
   37.     Provision of legal aid
            
   38.     Allocation of legal aid between private practitioners and staff
            
   39.     Nature and conditions of legal aid
            
   40.     Assisted persons to have private practitioners of their choice
            
   41.     Private practitioners not to accept certain payments
            
   42.     Disbursements in connection with legal aid
            
   43.     Costs for and against assisted persons
            
   44.     Recovery of costs by Commission from successful assisted person
            
   44A.    Registration of charge to secure costs of legal aid
            
   45.     Court may order Commission to pay costs awarded against assisted person
            
   45A.    Guidelines to be observed

           Division 4 -- Notification and review of decisions relating to legal aid  

   46.     Terms used
            
   47.     Notification of decisions
            
   48.     Reconsideration of decision
            
   49.     Review of decisions
            
   49A.    Reopening of decision of review committee
            
   50.     Review committees

           Division 5 -- Relationships between Commission, practitioner and assisted person  

   50A.    Rights and privileges generally
            
   50B.    Private practitioners to report to Commission
            
   51.     Solicitor-client relationship to exist and be preserved

           Division 6 -- Legal assistance in respect of Commonwealth matters  

   51A.    Regard to be had to recommendations of relevant Commonwealth agency

   PART VI -- Finances of Commission

           Division 1 -- The Legal Aid Fund of Western Australia  

   52.     Legal Aid Fund
            
   53.     Investment of Fund
            
   54.     Payment out of Fund
            
   55.     Payments may be made by allowance or set-off

           Division 2 -- Estimates, accounts and audit  

   56.     Application of Financial Management Act 2006 and Auditor General Act 2006
            
   58.     Deposit of moneys
            
   59.     Accounts to be maintained

   PART VII -- Legal practice by Director and staff  

   61.     Rights and obligations of Director and staff in respect of legal practice
            
   62.     Solicitor on the record

   PART VIIA -- Consultative committees  

   62A.    Establishment of consultative committees
            
   62B.    Constitution of consultative committees
            
   62C.    Meetings of consultative committees
            
   62D.    Allowances

   PART VIII -- Miscellaneous  

   63.     Liability and immunity
            
   63A.    Director may require practitioner to supply information
            
   64.     Secrecy
            
   65.     Offence of misrepresentation
            
   66.     Proceedings under this Act
            
   67.     Rules

   PART IX -- Agreements with the Commonwealth  

   68.     State may enter into agreements and arrangements

   PART IXA -- Recovery abroad of maintenance  

   68A.    Terms used
            
   68B.    Legal assistance for recovery abroad of maintenance
            
   68C.    The Director as an authorised person

   PART X -- Transitional provisions

           Division 1 -- General  

   69.     Term used: Australian Legal Aid Office
            
   70.     Certain rights and liabilities of Law Society to vest in Commission
            
   71.     Incorporation of moneys from Legal Assistance Fund
            
   72.     State may make arrangements as to premises etc.
            
   73.     Application for legal aid granted before appointed day
            
   74.     Provisions in respect of legal aid being provided by private practitioner
            
   75.     Provisions in respect of legal aid being provided by Commonwealth employees

           Division 2 -- Transfer of staff to Commission  

   76.     Law Society staff
            
   77.     Commonwealth employees
            
   78.     Salary of former Commonwealth and Law Society employees
            
           Uncommenced provisions table
            
           Other notes
           Defined terms