LEGAL AID COMMISSION ACT 1979 - As at 19 February 2024 - Act 78 of 1979
LEGAL AID COMMISSION ACT 1979
- As at 19 February 2024
- Act 78 of 1979
TABLE OF PROVISIONS
Long Title
PART 1 - PRELIMINARY
1. Name of Act
2. Commencement
3. Notes
4. Definitions
5. Repeals
PART 2 - CONSTITUTION AND MANAGEMENT OF LEGAL AID COMMISSION
Division 1 - Constitution of the Commission
6. Constitution of the Commission
7-9. (Repealed)
Division 2 - Functions of the Commission
10. Functions of the Commission
11. Provision of legal aid
11A. Provision of legal advice only
12. Duties to be observed in the provision of legal aid
13. Annual report
Division 3 - Management of Commission
14. Constitution of Board
15. Function of Board
16. Chief Executive Officer
17. Functions of Chief Executive Officer
18-22. (Repealed)
Division 4 - Members of staff of the Commission
23. (Repealed)
Division 5 - Miscellaneous
23A. Appointment of solicitor to be solicitor practising on own account
24. Performance of functions of solicitor
25. Solicitor-client relationship
26. Divulging of certain information prohibited
27. Immunity
28. Solicitor on record
PART 3 - PROVISION OF LEGAL AID
Division 1 - General
29. Definition
30. Provision of legal aid
31. Application for legal aid
32. False application
33. Powers of Commission in respect of application
34. Determination of application
34A. Date on which legal aid is granted
34B. Commission can require security for costs etc
34C. Certain arrangements do not amount to imposition of condition, or variation, of legal aid
35. Means test
36. Monetary contribution by applicant
37. Applications by certain persons
38. Variation of grant of legal aid
38A. Notification of changes
39. Fees in respect of assigned matters
40. Assessment of costs
41. Demand for or receipt of certain payments prohibited
42. Discretion of court or tribunal as to costs
43. Payment of costs in cases of fraud and improper behaviour
43A. Payment of costs to law practices
43B. Payment of money by certain law practices
44. Direction as to payment of certain money to the Commission
45. Recovery of money
46. Liability of legally assisted person to pay costs and expenses
47. Payment of costs awarded against legally assisted persons
48. Commission has lien on certain documents
Division 2 - Assignment of work to law practices
49. Assignment of work
50. Audits
51-52B. (Repealed)
Division 3 - Legal Aid Review Panels
53. Approval of persons as members of pool
54. Establishment of Legal Aid Review Panels
55. Board may approve policies and guidelines for panels
Division 4 - Appeals in respect of the provision of legal aid
56. Appeals
57. Adjournment of certain proceedings
58. Functions of a Legal Aid Review Panel on an appeal
59. Determination of appeal
60. Effect and implementation of determination or order
PART 3A - ALTERNATIVE DISPUTE RESOLUTION
60A. Purpose of Part
60B. Definitions
60C. Powers of Commission in respect of alternative dispute resolution
60D. Defamation
60E. Admissibility of evidence
60F. Secrecy
60G. Immunity for convenors of conferencing sessions
PART 4 - FINANCE
61. Definitions
62. Legal Aid Fund
63. Payments into Fund
64. Payments out of the Fund
64A. Trust account
65. Investment
66. (Repealed)
67. Financial estimates
PART 5 - MISCELLANEOUS
68. Consultative committees
69. Delegation
70. Determination of pecuniary interests
71. Notices
71A. Interest
72. Proceedings for offences
72A. Agreements or arrangements with Commonwealth
73. Savings, transitional and other provisions
74, 75. (Repealed)
76. Regulations
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 3A
Schedule 7 (Repealed)
SCHEDULE 8