New South Wales Consolidated Acts

LEGAL AID COMMISSION ACT 1979 - SECT 52A

52A Breach of service provision agreement

(1) The Commission is to establish a monitoring committee under this Act, comprising a nominee of the Law Society, a nominee of the Bar Association and such other persons as may be appointed by the Commission, for the purpose of monitoring service provision agreements.

(2) All matters relating to the membership and procedure of a monitoring committee are to be determined by the Commission after consultation with the Law Society and the Bar Association.

(3) If a legal practitioner appears to have breached a service provision agreement, the Commission or the monitoring committee may give written notice to the legal practitioner of the apparent breach and direct the legal practitioner to provide a written response to the monitoring committee by way of explanation.

(4) After a legal practitioner has provided a written response to the monitoring committee or, after having been given a reasonable opportunity to provide a written response to the monitoring committee, has failed to do so, the monitoring committee may recommend to the Commission:

(a) that the legal practitioner be removed from the panel, or

(b) that no work be assigned to the legal practitioner for a period of between 3 months and 2 years, or

(c) that no further action be taken.

(5) A recommendation under subsection (4) may be made unconditionally or subject to conditions.

(6) On receipt of a recommendation from the monitoring committee, the Commission is to determine what action (if any) should be taken in respect of it.