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LEGAL AID ACT 1977

Table of Provisions

PART 1--PRELIMINARY

  • 1 Name of Act  
  • 2 Dictionary  
  • 3 Notes  

PART 2--ESTABLISHMENT AND FUNCTIONS OF LEGAL AID COMMISSION

  • 6 Establishment of commission  
  • 8 Functions of commission  
  • 8A Funding agreements—application of Act  
  • 9 Powers of commission  
  • 10 Duties of commission  
  • 11 Guidelines for allocation of work  
  • 12 Guidelines for provision of assistance  
  • 13 Professional conduct by officers of commission  

PART 3--BOARD OF COMMISSION

  • 14 Establishment of board of commission  
  • 15 Functions of board  
  • 16 Constitution of board  

PART 4--OFFICERS OF COMMISSION

  • 17 Chief executive officer and assistant executive officers  
  • 18 Qualifications for appointment  
  • 19 Duties of assistant executive officers  
  • 19A Statutory officers of the commission to give reports  
  • 19B Statutory officers of the commission to follow directions  
  • 20 Staff of commission  
  • 21 Delegation  
  • 22 Rights of officers of commission in relation to legal practice  
  • 23 Legal practitioner on record  

PART 5--PROVISION OF LEGAL ASSISTANCE BY COMMISSION

  • 24 Bringing services of commission to public notice  
  • 25 Application for legal assistance  
  • 26 Deciding applications for legal assistance  
  • 27 Ending or changing legal assistance  
  • 28 Circumstances in which legal assistance may be provided  
  • 28A Legal assistance under the convention  
  • 29 Legal assistance—interests adverse to Territory  
  • 30 Legal advice and duty lawyer services  
  • 30A Minor legal assistance  
  • 31 Contribution towards costs and expenses  
  • 31A Security for payment of contribution  
  • 31B Arranging for services of private legal practitioners  
  • 31C Fees for services of private legal practitioners  
  • 31D Record of services provided by private legal practitioners  
  • 31E Panels of private legal practitioners  
  • 31F Compliance audits  
  • 32 Notice to practitioner about proposed decision  
  • 32AA Payments to private legal practitioners  
  • 32A Prohibition of additional payments to private practitioners  
  • 33 Entitlement of legally assisted people to costs in proceedings  
  • 34 Payment by commission of costs awarded against legally assisted  
  • 35 Notification of decisions  

PART 5A--DISPUTE RESOLUTION

  • 35A Definitions—pt 5A  
  • 35B Power of commission to provide approved negotiation  
  • 35C Expenses of dispute resolution  
  • 35D Confidentiality of negotiation  
  • 35E Admissibility of evidence  
  • 35F Protection of convenor from liability  

PART 6--RECONSIDERATION AND REVIEW OF DECISIONS

  • 36 Reconsideration of decision  
  • 37 Establishment and constitution of review committees  
  • 39 Function of review committee  
  • 39A Chief executive officer and person requesting review to have opportunity to be  
  • 39B Power of review committees to obtain information and documents  
  • 40 Decision of review committee  
  • 40A Cessation of committee  

PART 7--FINANCES OF COMMISSION

  • 41 Establishment of fund  
  • 42 Banking accounts  
  • 43 Application of fund  
  • 44 Limitation on contracts  
  • 45 Estimates of expenditure  
  • 46 Proper accounts to be kept by commission  
  • 47 Audit  

PART 8--ADMINISTRATIVE PROVISIONS RELATING TO COMMISSION

Division 8.1--Commissioners

  • 48 Term of office  
  • 50 Qualifications for appointment  
  • 51 Resignation  
  • 52 Removal from office  
  • 54 Meetings  
  • 55 Interests to be disclosed  

Division 8.2--Officers of commission

  • 56 Term of appointment of statutory officers  
  • 57 Conditions of appointment  
  • 58 Leave of absence  
  • 59 Resignation  
  • 60 Removal from office  
  • 60A Review of decision to remove from office  
  • 61 Outside employment  
  • 68 Conditions of employment of staff  
  • 68A Personnel management  
  • 68B Application of merit principle to re-engagements of statutory officers  
  • 69 Application of Legal Profession Act to commission etc  

Division 8.3--Records management—legal services records

  • 69A Definitions—div 8.3  
  • 69B Records management—legal services records  
  • 69C Approval of records management program  

PART 10--ADMINISTRATIVE PROVISIONS RELATING TO REVIEW COMMITTEES

  • 76 Membership of panel  
  • 77 Resignation from panel  
  • 78 Removal from panel  
  • 79 Allowances  
  • 80 Meetings of review committee  
  • 81 Interests to be disclosed  

PART 11--CONSULTATIVE COMMITTEES

  • 82 Establishment of consultative committees  
  • 83 Constitution of consultative committees  
  • 84 General provisions relating to consultative committees  

PART 12--INQUIRY RELATING TO AFFAIRS OF COMMISSION

  • 84A Definitions for pt 12  
  • 84B Appointment of person to conduct inquiry  
  • 84C Assistants  
  • 84D Access to documents etc  
  • 84E Professional privilege  

PART 13--MISCELLANEOUS

  • 90 Delegation by commission  
  • 91 Liabilities of commission and Territory  
  • 91A Grants to voluntary legal assistance organisations  
  • 92 Secrecy  
  • 92AA Exceptions to secrecy provisions  
  • 92A Power of commission to obtain information or documents  
  • 93 Exemption from fees and taxes  
  • 94 Commission to operate as Legal Aid ACT  
  • 94A Application of Financial Management Act to commission  
  • 95 False or misleading statements  
  • 95A Interest on amounts due to commission  
  • 96 Certificate as to amounts owing to commission  
  • 98 Superannuation  
  • 99 Approved forms  
  • 100 Regulation-making power  
  • DICTIONARY ENDNOTES

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