New South Wales Consolidated Acts

LEGAL AID COMMISSION ACT 1979 - SECT 44

44 Direction as to payment of certain money to the Commission

(1) The Commission may, by notice in writing, direct a legally assisted person or a private legal practitioner acting for such a person to pay to the Commission the whole, or such part as is determined by the Commission and specified in the notice, of any money recovered by or on behalf of the person in any proceedings in respect of which legal aid was granted to the person.

(2) An amount required to be paid under subsection (1) must be paid in such manner, and within such time, as the Commission directs.

(3) The Commission shall account to a legally assisted person referred to in subsection (1) and any private legal practitioner so referred to in respect of money paid to it under subsection (1).

(4) The Commission may, in respect of money paid to it by a legally assisted person or a private legal practitioner under subsection (1):

(a) deduct any amount payable to it under this Act by the person, and

(b) offset the amount of any fees payable by it to any private legal practitioner in connection with the proceedings in which the money was recovered against any other money held by the practitioner in relation to the same proceedings.

(5) The Commission may recover an amount payable to it under subsection (1), and any interest payable in respect of the amount, as a debt in a court of competent jurisdiction.

(6) In this section, "money" includes a cheque.