Western Australian Numbered Acts Western Australian Numbered Acts (1) In this
section —
“community legal centre” means a
not-for-profit body, one of the main functions of which is the delivery of
free or substantially subsidised legal services to a disadvantaged section of
the community or community legal education;
“Legal Aid Commission” means the Legal
Aid Commission of Western Australia established under the
Legal Aid Commission Act 1976 section 6;
“Legal Aid Fund” means the Legal Aid
Fund of Western Australia referred to in the
Legal Aid Commission Act 1976 section 52;
“peak organisation” means an
incorporated body that provides representation, coordination or support
services to advance the purposes of community legal centres.
(2) The Trust must pay
all money received under section 387 to the credit of an account called
the “Trust Interest Account”.
(3) Money in the Trust
Interest Account must, subject to subsection (5) —
(a) be
applied, firstly, in payment of the costs and expenses, other than those
mentioned in section 336(3), of administering the Trust; and
(b) be
paid, secondly, to the Guarantee Fund, until the Guarantee Fund is in credit
in such amount of not less than $100 000 as the Minister and the Law
Society may, from time to time, by agreement determine.
(4) Once the Guarantee
Fund has been in credit in the amount provided by subsection (3)(b), the
money in the Trust Interest Account must, subject to subsection (5) be
paid —
(a) in
maintaining the Guarantee Fund in credit to that amount; and
(b) as
to 50% of the balance, to the Legal Aid Commission to be applied to the Legal
Aid Fund; and
(i)
to the Legal Aid Commission, to be applied to the Legal
Aid Fund; or
(ii)
to the Law Society, to be applied in the furtherance of
law reform, legal research and legal education, or any of those things; or
(iii)
to a body, whether corporate or not, for the purposes of
which money has been appropriated by Parliament and which is charged with the
functions of law reform; or
(iv)
to any prescribed community legal centre, to be
substantially applied to funding the provision by that centre of legal
services or community legal education; or
(v)
to any prescribed peak organisation, to be substantially
applied to funding the provision by that organisation of representation,
coordination or support services to advance the purposes of community legal
centres,
in such amounts or in
such proportions as the Minister may, after consultation with the Law Society,
from time to time, approve or determine.
(5) Despite
subsections (3) and (4), if the Trust effects a policy or policies
of insurance indemnifying the Guarantee Fund in the amount of $100 000 or
such lesser amount as may, taking into account the amount in which the
Guarantee Fund is in credit, be required to indemnify the Guarantee Fund in
the balance of the amount of $100 000, the money in the Trust Interest
Account must —
(a) be
applied, firstly, as provided by subsection (3)(a); and
(b) be
applied, secondly, in payment of the premiums payable under the policy or
policies of insurance; and
(c) be
paid, thirdly, to the credit of the Guarantee Fund in such amounts as the
Minister and the Law Society may, from time to time, by agreement, determine;
and
(d) be
paid, finally, and applied as provided in subsection (4)(b) and (c).
(6) The costs and
expenses of administering the Trust include such fees and allowances to the
trustees, or any of them, as may be prescribed.