New South Wales Consolidated Acts

LEGAL AID COMMISSION ACT 1979 - SECT 52B

52B Audits

(1) The Commission may, at any time, in relation to any work assigned by the Commission to a legal practitioner (an "assigned matter"), carry out an audit of the legal practitioner, or cause such an audit to be carried out, in respect to any one or more of the following:

(a) claims for payment,

(b) compliance with practice standards,

(c) compliance with the terms and conditions of a service provision agreement,

(d) compliance with the Commission’s guidelines, policies and delegations,

(e) substantial or unresolved complaints concerning service delivery.

(2) An audit cannot be carried out until after written notice of the intention to carry out the audit is given to the legal practitioner concerned. The written notice must state the purpose and scope of the audit.

(3) So far as practicable, an audit is to be carried out at a time that is convenient to the legal practitioner concerned, having regard to the needs of his or her practice.

(4) If an assigned matter comprises a matter in which a member of staff of the Commission acts for a party, an audit is to be carried out by:

(a) a person who is not a member of the staff of the Commission, or

(b) a member of the staff of the Commission who does not work in close and regular association with the member of staff of the Commission who acts for the party,

and any information or document obtained in connection with the audit must not be divulged by the auditor or any other person to the member of staff of the Commission who acts for the party if that information or document might unfairly prejudice the interests of any other party.

(5) The relationship between a private legal practitioner and a legally assisted person does not operate to prevent or limit an audit under this section.

(6) For the purposes of an audit, the Commission, or a person appointed by the Commission, may:

(a) require a legal practitioner to produce for inspection any files, records or documents relating to an assigned matter, and

(b) make copies of, or take extracts or notes from, any such files, records or documents, and

(c) require a legal practitioner to provide the Commission, or person, with such assistance and facilities as may be reasonably necessary to enable the Commission, or person, to exercise the functions under this section, and

(d) require a legal practitioner to give the Commission, or person, such other information as is reasonably necessary for the purposes of the audit.

(7) If a record relating to an assigned matter:

(a) is not in writing, or

(b) is written in a language other than English, or

(c) is not decipherable on sight,

a requirement under subsection (6) (a) to produce the record is a requirement to produce, in addition to the record if it is in writing, or instead of the record if it is not in writing, a statement, in English and decipherable on sight, that contains all the information in the record.

(8) The Commission must reimburse a legal practitioner for disbursements, such as photocopying, and any other out-of-pocket expenses reasonably incurred by the legal practitioner as a consequence of an audit.

(9) Except in proceedings under Part 10 of the Legal Profession Act 1987 , the production of a file, record, document or statement, or the giving of information, under this section does not subsequently affect any legal professional privilege to which, but for subsection (5), the file, record, document, statement or information would be subject.

(10) The regulations may make provision for or with respect to audits under this section.

(11) If a private legal practitioner fails or refuses to co-operate in the carrying out of an audit under this section, the Commission may do any one or more of the following:

(a) terminate the services of the practitioner in relation to any work assigned by the Commission to the practitioner,

(b) remove the practitioner from a panel to which the practitioner is appointed,

(c) refuse to pay to the practitioner any money payable by the Commission to the practitioner.

(12) Nothing in section 12 (i) or section 25 prevents or restricts the carrying out of an audit under this section.