New South Wales Consolidated Acts

LEGAL AID COMMISSION ACT 1979 - SECT 25

25 Solicitor-client relationship

(1) The relationship arising by virtue of this Act between a solicitor, whether the solicitor is the Chief Executive Officer or a member of staff of the Commission or a private legal practitioner to whom work is assigned under this Act, and an applicant for legal aid or a person to whom legal aid is granted shall be the relationship as between a solicitor acting in the solicitor’s professional capacity and in the course of the solicitor’s professional employment and the solicitor’s own client.

(1A) The relationship that arises as referred to in subsection (1) between a solicitor and a person who is an applicant for legal aid or who is a person to whom legal aid is granted arises only in the context of functions performed by the solicitor in the course of acting for the person as solicitor. That relationship does not arise therefore in the course of the exercise of functions under this Act in arranging for a private legal practitioner to act as solicitor for the person.

(2) The like privileges as those which arise from the relationship of a solicitor acting in the solicitor’s professional capacity and in the course of the solicitor’s professional employment and the solicitor’s own client shall arise between the Commission or a committee established under this Act and an applicant for legal aid or a person to whom legal aid is granted.

(3) Without affecting the generality of subsection (1) or (2), the Commission, a committee established under this Act, the Chief Executive Officer or a member of staff of the Commission is not required to divulge to any person or court any information or document (including an application for legal aid) relating to the administration of legal aid.

(4) Nothing in subsection (1), (2) or (3) applies in respect of:

(a) the conduct of any matter necessary for the proper administration of this Act (including an agreement or arrangement referred to in section 72A),

(b) proceedings for an offence connected with the administration of legal aid,

(c) any disciplinary proceedings under the Legal Profession Act 1987 ,

(d) any proceedings by which the Commission is seeking to recover money from a person in respect of whom legal aid has been granted,

(e) an investigation or inquiry under the Ombudsman Act 1974 ,

(f) the exercise by the Auditor-General of his or her functions under this Act or any other law,

(g) the carrying out by a person of any research approved by the Commission, being research carried out in a manner that ensures that the identity of an applicant for legal aid or a person to whom legal aid is granted is not disclosed to other persons,

(h) the divulging of information to a person concerning an application for legal aid made by or on behalf of the person (including such matters as the basis for the refusal of any such application),

(i) the divulging of information to a person to whom legal aid has been granted concerning the administration of the grant of legal aid,

(j) the divulging of information for the purpose of facilitating the conduct of alternative dispute resolution under Part 3A,

(k) the divulging of information obtained from a person, with the consent of that person, or

(l) the divulging, with the consent of the Commission, to any court or tribunal of information or a document concerning any of the following matters:

(i) whether or not an application for legal aid has been made by a particular person,

(ii) whether such an application was granted or refused,

(iii) the grounds on which such an application was granted or refused (including information as to the means of the applicant),

(iv) whether a person has appealed against the refusal of such an application.

(5) The Commission, a committee established under this Act, the Chief Executive Officer or a member of staff of the Commission is not required to divulge to any person, court or tribunal the identity of a person from whom the Commission, the committee, the Chief Executive Officer or the member of staff receives information concerning:

(a) a breach or alleged breach of a condition on which legal aid has been granted or provided, or

(b) a breach or alleged breach of a requirement of this Act or the regulations (for example, a failure to notify the Commission of a change in the means or circumstances of a legally assisted person as required under section 38A (1)), or

(c) the commission or alleged commission of an offence in connection with the administration of legal aid.

(6) For the purposes of this section:

(a) an applicant for legal aid includes a person who requests legal advice but no other form of legal aid, and

(b) a person to whom legal aid is granted includes a person to whom that advice is given, and

(c) an application for legal aid includes a request for that advice.