Australian Capital Territory Consolidated Acts

LEGAL AID ACT 1977 - SECT 13

    (1)     An officer of the commission, when practising as, or exercising any of the functions of, a solicitor, or exercising a right of audience in a court or before a tribunal, under this Act—

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

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

    (2)     Subject to section 92AA, the like privileges as those that arise from the relationship of client and solicitor acting in his or her professional capacity and in the course of his or her professional employment shall arise between a person who has applied for legal assistance, or to whom legal assistance is being provided, under this Act and a statutory officer of the commission who practises as, or exercises any of the functions of, a solicitor for the person under this Act.

    (3)     For the application of subsection (1) in respect of an officer of the commission who is practising as, or exercising any of the functions of, a solicitor, or is exercising a right of audience in a court or before a tribunal, in the ACT on behalf of a legally assisted person—

        (a)     if there are no assistant executive officers—

              (i)     the chief executive officer shall be deemed to be a solicitor lawfully practising on his or her own account in the ACT and retained by the person to act on his or her behalf; and

              (ii)     the members of the staff of the commission shall be deemed to be employed by the chief executive officer; or

        (b)     if there is an assistant executive officer or there are assistant executive officers—

              (i)     the chief executive officer and the assistant executive officer or assistant executive officers shall be deemed to be a firm of solicitors lawfully practising in partnership in the ACT and retained by the person to act on his or her behalf; and

              (ii)     the members of the staff of the commission shall be deemed to be employed by that firm.