LEGAL AID ACT 1990

Table of Provisions

• Long Title

PART I--PRELIMINARY

• 1 Short title  
• 2 Commencement  
• 3 Repeal  
• 4 Interpretation  

PART II--ESTABLISHMENT AND FUNCTION OF LEGAL AID COMMISSION

• 5 Establishment of Commission  
• 6 Constitution of Commission  
• 7 Function and powers of Commission  
• 8 Duties of Commission  
• 9 Arrangements for provision of legal assistance by Commission  
• 10 Financial assistance for assistance by voluntary bodies  
• 11 Commission may hold money on trust  
• 12 Guidelines for provision of assistance  
• 13 Professional conduct by officers of Commission  
• 14 Agreement between Commonwealth and Territory  

PART III--ESTABLISHMENT AND FUNCTIONS OF LEGAL AID COMMITTEES

• 15 Establishment of Committees  
• 16 Constitution of Committees  
• 17 Functions of Committees  

PART IV--STAFF OF COMMISSION

• 18 Director  
• 19 Acting Director  
• 19A Commission staff  
• 20 Rights, privileges and duties of officers  
• 21 Signature of legal practitioner  

PART V--PROVISION OF LEGAL ASSISTANCE BY COMMISSION

• 22 Bringing services of Commission to public notice  
• 23 Application for legal assistance  
• 24 Determination of application for legal assistance  
• 25 Termination or variation of legal assistance  
• 26 Circumstances in which legal assistance may be provided  
• 27 Commission may assist person having interest adverse to Territory  
• 28 Legal advice and duty lawyer services  
• 29 Contribution towards costs and expenses  
• 30 Arranging for services of private legal practitioners  
• 31 Prohibition of additional payments to private practitioners  
• 32 Entitlement of assisted persons to costs in proceedings  
• 33 Payment by Commission of costs awarded against assisted persons  
• 34 Notification of decisions  

PART VI--RECONSIDERATION AND REVIEW OF DECISIONS

• 35 Reconsideration of decisions  
• 36 Establishment and constitution of Review Committees  
• 37 Appointment of members of Review Committee  
• 38 Function of Review Committee  
• 39 Person requesting review to have opportunity to be heard  
• 40 Power of Review Committees to obtain information and documents  
• 41 Decision of Review Committee  

PART VII--FINANCES OF COMMISSION

Division 1--Accountability and reporting

• 42 Audit Act 1995 to apply  
• 42A Financial responsibilities of Director  
• 42B Accounting and property manual to be kept  
• 42C Annual financial statements  
• 42D Annual reports  

Division 2--Funds of the Commission

• 43 Establishment of Legal Aid Fund  
• 44 Establishment of Contingency Legal Aid Fund  
• 45 Application of funds  
• 46 Limitation of liability of Contingency Legal Aid Fund  

PART VIII--ADMINISTRATIVE PROVISIONS RELATING TO COMMISSION

• 47 Tenure of office  
• 48 Qualifications for appointment  
• 49 Resignation  
• 50 Removal from office  
• 51 Acting Chairman of Commission  
• 51A Regional representatives of staff-elected Commissioner  
• 52 Meetings  
• 53 Interests to be disclosed  

PART IX--MISCELLANEOUS

• 54 Delegation  
• 55 Secrecy  
• 56 Liabilities of Commission  
• 57 False or misleading statements  
• 58 Certificate as to amounts owing to Commission  
• 59 Costs may be charged on land  
• 60 Regulations  

PART X--TRANSITIONAL

• 61 Definitions  
• 62 Legal aid provided by Australian Legal Aid Office  
• 64 Validation  
ENDNOTES