Queensland Bills Queensland Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
LEGAL AID QUEENSLAND
BILL 1997
Queensland
LEGAL AID QUEENSLAND BILL 1997
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
3 Main objects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
5 Meaning of "legal assistance" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
6 Meaning of "legally assisted person" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
7 Meaning of "legal assistance arrangement" . . . . . . . . . . . . . . . . . . . . . . . . . 9
PART 2--LEGAL ASSISTANCE
Division 1--Preliminary
8 Application of pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Division 2--Giving legal assistance
9 Applying for legal assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
10 How to apply for legal assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
11 What is taken into account in deciding whether legal assistance
may be given . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
12 What is taken into account in deciding whether an applicant
needs legal assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
13 What else is taken into account if the applicant is a corporation . . . . . . . . 12
14 What else is taken into account in deciding whether to give legal
assistance for an applicant not normally resident in the State . . . . . . . . . . 12
15 Effect of likely outcome on decision whether to give legal
assistance for a court proceeding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
16 Legal Aid may assist person having an interest adverse to the
State etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
17 Deciding applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
2
Legal Aid Queensland
18 Conditions of approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
19 How Legal Aid may enforce a condition of an approval . . . . . . . . . . . . . . . 14
20 Legal Aid must give written notice if it refuses an application . . . . . . . . . . 15
Division 3--Reviews and court recommendations
21 Reviewing legal assistance decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
22 Court may recommend legal assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Division 4--Alternative dispute resolution
23 Definitions for div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
24 Legal Aid's powers in relation to alternative dispute resolution . . . . . . . . . 16
25 Admissions made to conferencing chairpersons . . . . . . . . . . . . . . . . . . . . . . 16
26 Conferencing chairperson to maintain secrecy . . . . . . . . . . . . . . . . . . . . . . . 17
27 Ordinary protection and immunity allowed . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Division 5--General duties of lawyers and Legal Aid agents
28 Lawyer must notify other parties that a person is legally assisted . . . . . . . 18
29 Legal Aid agent must give particular information to Legal Aid . . . . . . . . . 18
Division 6--Costs of proceedings
30 What court proceeding costs is a legally assisted person taken to
be entitled to, or responsible for, for the purpose of costs orders . . . . . . . . . 19
31 Legal Aid's subrogation rights for costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
32 Legal Aid may pay costs awarded against legally assisted person . . . . . . . 20
Division 7--Other provisions about Legal Aid's recovery of its costs
and expenses
33 How lawyer must deal with particular amounts recovered by a
legally assisted person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
34 How lawyer must deal with particular property, other than
amounts, recovered by a legally assisted person . . . . . . . . . . . . . . . . . . . . . 22
35 How Legal Aid agent must deal with contributions received for
Legal Aid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
36 Legal Aid's entitlement to repayment of costs if legally assisted
person recovers property etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
37 Legal Aid may direct legally assisted person to take action to
recover particular property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
38 Legal Aid may charge a legally assisted person interest on
particular unpaid amounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
3
Legal Aid Queensland
39 How Legal Aid may recover particular unpaid amounts from a
legally assisted person etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Division 8--Legal Aid agents' fees
40 How much is payable by Legal Aid to a Legal Aid agent etc. . . . . . . . . . . 25
PART 3--LEGAL AID QUEENSLAND
Division 1--Establishment
41 Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
42 Legal Aid is a body corporate etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Division 2--Functions and powers
43 Main functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
44 Other functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
45 General powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
46 Power to enter into legal assistance arrangements and other
agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
47 Power to assist court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
PART 4--LEGAL AID BOARD
Division 1--Establishment, composition etc.
48 Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
49 Composition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
50 Appointment conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
51 Duration of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
52 Board's functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
53 Board's report to Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
54 Board's powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
55 Delegation of board's powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Division 2--Procedure
56 Time and place of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
57 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
58 Decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
59 Decisions without meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
60 Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
61 Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
62 Conflicts of interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
4
Legal Aid Queensland
Division 3--Attorney-General's directions
63 Attorney-General may give board directions . . . . . . . . . . . . . . . . . . . . . . . . . 34
PART 5--OTHER PROVISIONS ABOUT LEGAL AID
QUEENSLAND
Division 1--Chief executive officer and employees
64 Chief executive officer of Legal Aid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
65 Qualifications for appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
66 Term of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
67 Chief executive officer's responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
68 Things done by chief executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
69 Delegation by chief executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
70 Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Division 2--Legal practice
71 External employment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
72 Particular provisions of the Legal Practitioners Act 1995 and
Queensland Law Society Act 1952 do not apply to Legal Aid lawyers . . . 37
73 Legal Aid taken to be solicitors firm etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
74 Professional conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
75 Application of legal professional privilege to Legal Aid and
Legal Aid lawyers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
76 Legal Aid and its employees' right of practice . . . . . . . . . . . . . . . . . . . . . . . 38
77 Application of Queensland Law Society Act 1952 to Legal Aid
lawyers who are solicitors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
78 Application of laws about conduct to Legal Aid lawyers who are
barristers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
79 Solicitor on the record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
PART 6--MISCELLANEOUS
80 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
81 Legal Aid not liable for particular acts or omissions of Legal Aid
agents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
82 Secrecy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
83 Legal Aid employee's duty to give information . . . . . . . . . . . . . . . . . . . . . . 42
84 Offence of misrepresentation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
85 Proceedings under Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
5
Legal Aid Queensland
86 Evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
87 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
88 Regulationmaking power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
PART 7--TRANSITIONAL PROVISIONS AND REPEAL
Division 1--Transitional provisions
89 Former entity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
90 Transitional board's decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
91 Consultative committees, legal aid committees and review
committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
92 Existing decisions and directions of, and delegations by, former
entity's Director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
93 Review of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
94 Assets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
95 Rights and liabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
96 Revesting of assets, rights and liabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
97 Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
98 Existing arrangements or contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
99 Former entity's director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
100 Former entity's Assistant Directors and existing employees . . . . . . . . . . . . 48
101 References to Legal Aid Act 1978 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
102 References to former entity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
103 References to former director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
Division 2--Repeal
104 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 50
DICTIONARY
1997
A BILL
FOR
An Act to establish Legal Aid Queensland, to provide for legal
assistance for persons throughout the State, and for other
purposes
s1 8 s3
Legal Aid Queensland
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
title 3
Short
1. This Act may be cited as the Legal Aid Queensland Act 1997. 4
5
Commencement
2.(1) Section 901 commences on the date of assent. 6
(2) The remaining provisions commence on 1 July 1997. 7
objects 8
Main
3.(1) The main objects of this Act are-- 9
(a) to provide for giving legal assistance to financially disadvantaged 10
persons in the most effective, efficient and economical way; and 11
(b) to pursue innovative commercial arrangements, including legal 12
assistance arrangements, for giving legal assistance at a 13
reasonable cost to the community and on an equitable basis 14
throughout the State. 15
(2) The objects are to be achieved mainly by establishing Legal Aid 16
Queensland. 17
1 Section 90 (Transitional board's decisions)
s4 9 s7
Legal Aid Queensland
1
Dictionary
4. The dictionary in the schedule defines particular words used in this 2
Act.2 3
of "legal assistance" 4
Meaning
5.(1) "Legal assistance" is the giving of a legal service, including legal 5
advice, free or on payment of an amount that is less than the cost of giving 6
the service. 7
(2) The service may be given by a Legal Aid lawyer or Legal Aid agent. 8
of "legally assisted person" 9
Meaning
6. A "legally assisted person" is a person-- 10
(a) who is receiving legal assistance; or 11
(b) who was receiving legal assistance for a matter and, before the 12
matter finished, stopped receiving legal assistance. 13
of "legal assistance arrangement" 14
Meaning
7. A "legal assistance arrangement" is an arrangement for giving legal 15
assistance under which-- 16
(a) the State, Commonwealth or another entity, as purchaser of Legal 17
Aid's legal services, decides what legal services are to be given 18
by Legal Aid, as the provider of the legal services, to legally 19
assisted persons; and 20
2 In some Acts, definitions are contained in a dictionary that appears as the last
schedule and forms part of the Act--Acts Interpretation Act 1954, section 14(4).
Words defined elsewhere in the Act are generally signposted by entries in the
dictionary. However, if a section has a definition applying only to the section, or
a part of the section, it is generally not signposted by an entry in the dictionary
and is generally set out in the last subsection of the section.
Signpost definitions in the dictionary alert the reader to the terms defined
elsewhere in the Act and tell the reader where the definition can be found. For
example, the definition ` "legal assistance" see section 5' tells the reader there
is a definition of "legal assistance" in the section.
s8 10 s 11
Legal Aid Queensland
(b) Legal Aid, as provider, gives the legal services, directly or 1
indirectly, to legally assisted persons. 2
PART 2--LEGAL ASSISTANCE 3
1--Preliminary 4
Division
of pt 2 5
Application
8. This part applies only to legal assistance consisting of the following 6
legal services given, or to be given, by Legal Aid or a Legal Aid agent-- 7
(a) legal services, other than duty lawyer services, for a court 8
proceeding or an alternative dispute resolution process; 9
(b) another legal service the board decides. 10
2--Giving legal assistance 11
Division
for legal assistance 12
Applying
9. A person may apply to Legal Aid or a Legal Aid agent for legal 13
assistance. 14
to apply for legal assistance 15
How
10. An application for legal assistance must be made in the approved 16
form. 17
is taken into account in deciding whether legal assistance may 18
What
be given 19
11.(1) Legal assistance may be given to an applicant for legal assistance 20
(the "applicant") only if the applicant meets the criteria-- 21
(a) prescribed under a regulation; or 22
s 12 11 s 12
Legal Aid Queensland
(b) published by Legal Aid and notified in the gazette. 1
(2) Without limiting subsection (1), a regulation or a publication under 2
the subsection may be made or published to give effect to conditions of a 3
legal assistance arrangement. 4
(3) If there is an inconsistency between a regulation and a publication 5
mentioned in subsection (1)(b), the regulation prevails to the extent of the 6
inconsistency. 7
(4) The other provisions of this division apply subject to this section. 8
is taken into account in deciding whether an applicant needs 9
What
legal assistance 10
12.(1) In deciding whether an applicant needs legal assistance, Legal Aid 11
may have regard to all relevant matters. 12
(2) In this section-- 13
"relevant matters" include the following-- 14
(a) the applicant's assets and income; 15
(b) the cash amount that is, or can be made, readily available to the 16
applicant; 17
(c) the applicant's debts, liabilities and other financial obligations; 18
(d) the cost of living in the locality where the applicant resides; 19
(e) the ability of a relevant person to help the applicant obtain legal 20
services from a private lawyer having regard to the matters, 21
including the matters mentioned in paragraphs (a) to (d), that 22
would be relevant if the relevant person were the applicant for 23
legal assistance; 24
(f) the cost of obtaining the legal services from a private lawyer; 25
(g) the nature and extent of the following-- 26
(i) any benefit that may accrue to the applicant, the public or a 27
section of the public by giving the legal assistance; 28
(ii) any detriment the applicant, the public or a section of the 29
public may suffer if the legal assistance is refused; 30
s 13 12 s 15
Legal Aid Queensland
(h) anything else affecting the applicant's ability to meet the cost of 1
obtaining the legal services from a private lawyer; 2
(i) a recommendation made by a court under section 22.3 3
"relevant person" means a person who-- 4
(a) usually gives the applicant financial support; or 5
(b) can reasonably be expected to give the applicant financial support; 6
or 7
(c) usually receives financial support from the applicant. 8
else is taken into account if the applicant is a corporation 9
What
13. If the applicant is a corporation, Legal Aid may also have regard to 10
anything that would be a relevant matter if the application were made by the 11
persons who are the corporation's directors and members. 12
else is taken into account in deciding whether to give legal 13
What
assistance for an applicant not normally resident in the State 14
14. If an applicant for legal assistance does not normally live in the State, 15
Legal Aid may legally assist the applicant only if the legal assistance relates 16
to-- 17
(a) a court proceeding in the State; or 18
(b) a matter arising under the law in force in the State. 19
of likely outcome on decision whether to give legal assistance for 20
Effect
a court proceeding 21
15.(1) If an applicant asks for legal assistance for a court proceeding, 22
Legal Aid may also have regard to whether the result of the proceeding is 23
likely to favour the applicant. 24
(2) However, if the applicant is an accused person charged with an 25
indictable offence, Legal Aid-- 26
3 Section 22 (Court may recommend legal assistance)
s 16 13 s 17
Legal Aid Queensland
(a) for an indictable offence under a law of the State--must have 1
regard to the desirability of the applicant being represented by a 2
lawyer in a following specified criminal proceeding, whether or 3
not the result of the proceeding is likely to favour the applicant-- 4
(i) a committal proceeding for the offence; 5
(ii) the applicant's trial or sentencing; or 6
(b) for an indictable offence under a Commonwealth law--must 7
have regard to the criteria stated in the legal assistance 8
arrangement under which the assistance is to be given. 9
Aid may assist person having an interest adverse to the State 10
Legal
etc. 11
16. Legal Aid may give a person legal assistance for a matter even 12
though the person's interest is, or may be, adverse to the interest of the 13
following-- 14
(a) the State; 15
(b) the Commonwealth; 16
(c) an entity established for a public purpose under a law of the State 17
or Commonwealth; 18
(d) a body corporate in which the State, Commonwealth or an entity 19
mentioned in paragraph (c) has an interest. 20
applications 21
Deciding
17.(1) Legal Aid may-- 22
(a) approve an application for legal assistance unconditionally, or on 23
conditions it considers appropriate having regard to-- 24
(i) its objects under this Act; and 25
(ii) a relevant legal assistance arrangement; or 26
(b) refuse the application. 27
(2) Without limiting subsection (1), Legal Aid may decide to give the 28
legal assistance-- 29
s 18 14 s 19
Legal Aid Queensland
(a) itself or through a Legal Aid agent; and 1
(b) free, or on condition that the legally assisted person pays part of 2
the cost of giving the assistance. 3
of approval 4
Conditions
18. Without limiting section 17, a condition of an approval for legal 5
assistance may provide for the following-- 6
(a) terminating the assistance; 7
(b) circumstances in which the legally assisted person may be 8
required to pay Legal Aid all or part of its expenses incurred in 9
giving the assistance; 10
(c) contributions by the legally assisted person to an expense incurred 11
or to be incurred by Legal Aid in giving the assistance; 12
(d) charging or giving the legally assisted person's property as 13
security for payment to Legal Aid of an amount the legally 14
assisted person is or may become liable to pay to Legal Aid. 15
Legal Aid may enforce a condition of an approval 16
How
19.(1) Legal Aid may, in a court of competent jurisdiction-- 17
(a) enforce a condition imposed under section 174 against a legally 18
assisted person by action as if it were a condition of a contract 19
entered into with the legally assisted person; or 20
(b) enforce a charge or security given under a condition imposed 21
under section 17 in a way that would be available to Legal Aid if 22
the charge or security had been given as a condition of a contract 23
entered into with the legally assisted person. 24
(2) Without limiting subsection (1), if a contribution is payable by a 25
legally assisted person to a Legal Aid agent under a condition of approval 26
for legal assistance, the agent, with Legal Aid's written approval, may start 27
a proceeding in the agent's name to recover the contribution. 28
4 Section 17 (Deciding applications)
s 20 15 s 23
Legal Aid Queensland
Aid must give written notice if it refuses an application 1
Legal
20. If Legal Aid refuses an application for legal assistance, it must give 2
the applicant written notice of its decision. 3
3--Reviews and court recommendations 4
Division
legal assistance decisions 5
Reviewing
21. The board may establish a review mechanism it considers 6
appropriate to review decisions made by Legal Aid about legal assistance. 7
may recommend legal assistance 8
Court
22.(1) A court may recommend that a person be given legal assistance 9
by Legal Aid if the person is before the court in a specified criminal 10
proceeding and the court considers it appropriate to make the 11
recommendation. 12
(2) An application by the person for legal assistance must be made in the 13
approved form and dealt with under this part. 14
4--Alternative dispute resolution 15
Division
for div 4 16
Definitions
23. In this division-- 17
"alternative dispute resolution" includes conferencing. 18
"conferencing" means a structured negotiation process approved by Legal 19
Aid in which the conferencing chairperson helps the parties to a 20
dispute settle the dispute. 21
"conferencing chairperson", of a conferencing session, means the person 22
to whom a matter has been referred for conferencing under this part. 23
"conferencing session" means a meeting at which conferencing takes place 24
and includes a step taken in arranging the session or following-up a 25
session. 26
s 24 16 s 25
Legal Aid Queensland
Aid's powers in relation to alternative dispute resolution 1
Legal
24.(1) If a person applies to Legal Aid for legal assistance in a matter, 2
Legal Aid may arrange for the matter, or part of it, to be referred to an 3
alternative dispute resolution process-- 4
(a) whether or not Legal Aid has decided the application for legal 5
assistance; and 6
(b) if it considers it appropriate in the circumstances. 7
(2) If the other party to the matter agrees to the referral to an alternative 8
dispute resolution process, Legal Aid may decide to consider the 9
application, or continue to give the legal assistance, only if the applicant or 10
legally assisted person participates in the alternative dispute resolution 11
process. 12
(3) Legal Aid may-- 13
(a) defray expenses it incurs incidentally to an alternative dispute 14
resolution process from amounts available to it; or 15
(b) before or after it decides an application for legal assistance, by 16
written notice, ask the applicant or legally assisted person to pay 17
for the expenses mentioned in paragraph (a) by a stated day. 18
(4) If an amount incurred by Legal Aid and payable to Legal Aid under 19
subsection (3)(b) is not paid as required by the subsection, Legal Aid may 20
recover the amount as a debt in a court of competent jurisdiction. 21
made to conferencing chairpersons 22
Admissions
25.(1) Evidence of anything done or said, or an admission made, at a 23
conferencing session is admissible at the trial of the matter or in another 24
court proceeding only if all parties to the conferencing session agree. 25
(2) A document prepared for, in the course of, or as a result of, a 26
conferencing session, or a copy of it, is admissible in evidence in a court 27
proceeding only if all parties to the conferencing session agree. 28
(3) Subsections (1) and (2) do not apply to a document or evidence about 29
which a disclosure has been made to prevent or minimise the danger of 30
injury to a person or damage to property. 31
s 26 17 s 27
Legal Aid Queensland
chairperson to maintain secrecy 1
Conferencing
26.(1) A conferencing chairperson must not, without reasonable excuse, 2
disclose information coming to the chairperson's knowledge during a 3
conferencing session. 4
Maximum penalty--50 penalty units. 5
(2) It is a reasonable excuse to disclose information if the disclosure is 6
made-- 7
(a) with the agreement of all the parties to the conferencing session; 8
or 9
(b) for this division; or 10
(c) for statistical purposes without revealing, or being likely to reveal, 11
the identity of a person about whom the information relates; or 12
(d) for an inquiry or proceeding about an offence happening during 13
the conferencing session; or 14
(e) for a proceeding founded on fraud alleged to be connected with, 15
or to have happened during, the conferencing session; or 16
(f) under a requirement imposed under an Act. 17
protection and immunity allowed 18
Ordinary
27.(1) In performing the functions of conferencing chairperson, a 19
conferencing chairperson has the same protection and immunity as a judge 20
performing the functions of a judge. 21
(2) A party appearing in a matter referred to a conferencing session has 22
the same protection and immunity the party would have if the matter were 23
being heard before the Supreme Court. 24
(3) A witness attending in a matter referred to a conferencing session has 25
the same protection and immunity as a witness attending before the 26
Supreme Court. 27
(4) A document produced at, or used for, a conferencing session has the 28
same protection during the conferencing session it would have if produced 29
before the Supreme Court. 30
s 28 18 s 29
Legal Aid Queensland
(5) In subsection (2)-- 1
"party" includes a party's lawyer or agent. 2
Division 5--General duties of lawyers and Legal Aid agents 3
must notify other parties that a person is legally assisted 4
Lawyer
28.(1) If a person who is receiving legal assistance is, or becomes, a 5
party to a proceeding, the person's lawyer must give each other person who 6
is, or becomes, a party to the proceeding notice, in the approved form, that 7
the person is legally assisted. 8
(2) If the notice is given with a court process, it may be given under the 9
rules of court for service of the process. 10
Aid agent must give particular information to Legal Aid 11
Legal
29.(1) This section applies if a person is receiving legal assistance for a 12
matter and a Legal Aid agent is performing, or has performed services for 13
the person in relation to the matter. 14
(2) If Legal Aid considers it necessary to perform its functions, it may, 15
by written notice, ask the agent to give it any relevant information or 16
document about the matter that is within the agent's knowledge, or to which 17
the agent has access. 18
(3) The agent must give the information or document to Legal Aid by the 19
day stated in the notice despite any legal professional privilege arising out of 20
the relationship between the agent and the legally assisted person. 21
Maximum penalty--20 penalty units. 22
(4) A Legal Aid agent may give Legal Aid any information or document 23
the agent considers may help Legal Aid perform its functions despite any 24
legal professional privilege arising out of the relationship between the agent 25
and the legally assisted person. 26
(5) For this section, the legally assisted person is taken to have waived 27
any privilege or right, including legal professional privilege, that might 28
otherwise prevent the agent giving the information or document. 29
s 30 19 s 30
Legal Aid Queensland
(6) However, the privilege, right or relationship is not otherwise affected 1
by the agent performing, or having performed, services for the person 2
under this Act. 3
(7) An agent does not incur civil liability for an act done or omission 4
made, honestly and without negligence under this section. 5
(8) In this section-- 6
"relevant information", about a matter, means information-- 7
(a) relevant to giving legal assistance to a person for the matter; or 8
(b) about the matter's progress and disposal. 9
6--Costs of proceedings 10
Division
court proceeding costs is a legally assisted person taken to be 11
What
entitled to, or responsible for, for the purpose of costs orders 12
30.(1) This section applies if a legally assisted person is or was a party to 13
a court proceeding and for the purpose of-- 14
(a) the court making or enforcing an order for costs, or deciding the 15
entitlement to costs, in the proceeding; or 16
(b) the taxing of costs payable to the person under the order or 17
decision. 18
(2) The legally assisted person is taken to be responsible for paying-- 19
(a) the professional costs normally payable for the legal services 20
given to the person in relation to the proceeding; and 21
(b) any disbursements, including barristers' fees, and out-of-pocket 22
expenses reasonably incurred in giving the services. 23
(3) The fact that a party to a proceeding is a legally assisted person does 24
not affect-- 25
(a) the rights or liabilities of the party or another party to the 26
proceeding; or 27
(b) the court's discretion to make an order for costs. 28
s 31 20 s 32
Legal Aid Queensland
1
Example 1--
2
Judgment is given in favour of a legally assisted person against an unassisted
3
person--a costs order may be made in favour of the legally assisted person as though
4
the first person were not a legally assisted person.
5
Example 2--
6
Judgment is given against a legally assisted person in favour of an unassisted
7
person--a costs order may be made in favour of the unassisted person as though the
8
first person were not a legally assisted person.
(4) On the taxation of costs payable under the terms of a judgment, order 9
or settlement of a proceeding or claim to a legally assisted person, a 10
disbursement item, whether for barristers' fees or otherwise, must not be 11
disallowed merely because the amount has not been paid before the 12
taxation. 13
Aid's subrogation rights for costs 14
Legal
31.(1) This section applies if, in a court proceeding, the court makes an 15
order for costs in favour of a legally assisted person. 16
(2) Legal Aid is subrogated to the rights and remedies the legally assisted 17
person has against the party against whom the costs order was made. 18
Aid may pay costs awarded against legally assisted person 19
Legal
32.(1) This section applies if-- 20
(a) a legally assisted person is a party to a court proceeding for which 21
the legal assistance is given; and 22
(b) the court makes an order in the proceeding directing the person to 23
pay costs incurred by another party to the proceeding. 24
(2) The legally assisted person or the other party may, by written notice, 25
ask Legal Aid to pay to the other party, for the legally assisted person, an 26
amount representing all or part of the costs mentioned in subsection (1)(b). 27
(3) Legal Aid may decide to pay the amount requested if-- 28
(a) Legal Aid considers it just and equitable for Legal Aid to pay the 29
amount; and 30
(b) Legal Aid considers that the person who made the request will 31
s 33 21 s 33
Legal Aid Queensland
suffer substantial hardship if Legal Aid does not pay it. 1
(4) Legal Aid may-- 2
(a) make payment of the amount conditional on the legally assisted 3
person-- 4
(i) reimbursing Legal Aid for the amount, whether by 5
instalments or a lump sum payment; and 6
(ii) securing the reimbursement by a charge or mortgage, with 7
or without interest charged; or 8
(b) after paying the amount, ask the legally assisted person to 9
reimburse Legal Aid for the amount, whether by instalments or a 10
lump sum payment. 11
(5) An amount paid by Legal Aid under this section is taken to have been 12
paid by the legally assisted person. 13
(6) In this section-- 14
"costs", incurred by another party to a proceeding means, if the legally 15
assisted person is assisted for part only of a proceeding, the proportion 16
of the costs attributable to the part of the proceeding. 17
"legally assisted person" includes a guardian, next friend, and the legal 18
friend under the Intellectually Disabled Citizens Act 1985, acting for 19
the legally assisted person. 20
7--Other provisions about Legal Aid's recovery of its costs and 21
Division
expenses 22
lawyer must deal with particular amounts recovered by a legally 23
How
assisted person 24
33.(1) This section applies if-- 25
(a) an amount actually recovered by a legally assisted person in a 26
matter in which the person was legally assisted comes into the 27
possession of a Legal Aid agent acting for the person in the 28
matter; and 29
(b) the amount, or part of it, is payable by the legally assisted person 30
s 34 22 s 36
Legal Aid Queensland
to Legal Aid under this part. 1
(2) The agent must pay to Legal Aid the amount, or part of it, necessary 2
to discharge the amount payable by the legally assisted person to Legal Aid. 3
(3) Legal Aid's receipt for an amount paid to it by an agent under 4
subsection (2) is a sufficient discharge to the agent for the amount. 5
(4) In this section-- 6
"amount actually recovered" by a legally assisted person in a matter in 7
which the person was legally assisted includes an ex gratia payment to 8
the person in the matter. 9
lawyer must deal with particular property, other than amounts, 10
How
recovered by a legally assisted person 11
34. If property actually recovered by a legally assisted person in a matter 12
in which the person was legally assisted comes into the possession or 13
control of a Legal Aid Agent acting for the person in the matter, the agent 14
must keep possession or control of the property until Legal Aid gives the 15
agent written notice that the possession or control of the property may be 16
relinquished. 17
Legal Aid agent must deal with contributions received for Legal 18
How
Aid 19
35. If legal assistance is given to a person by a Legal Aid agent under this 20
Act and the legally assisted person gives the agent an amount required as a 21
contribution under the legal assistance approval, the agent must deal with 22
the amount as directed by Legal Aid. 23
Aid's entitlement to repayment of costs if legally assisted person 24
Legal
recovers property etc. 25
36.(1) This section applies if-- 26
(a) a person was legally assisted in a matter; and 27
(b) under a judgment, settlement or compromise in a proceeding for 28
the matter, the person's ownership of or entitlement to property is 29
preserved, or the person is entitled to recover property. 30
s 37 23 s 37
Legal Aid Queensland
(2) Legal Aid may ask the person to pay to Legal Aid, and the person 1
must pay, an amount that is not more than the sum of-- 2
(a) the normal professional costs, including solicitor and client costs, 3
of the legal services given to the legally assisted person in the 4
matter; and 5
(b) any disbursements, including barristers' fees, and out-of-pocket 6
expenses reasonably incurred in giving the services; 7
less the amount that is the money value of contributions made by the person 8
to Legal Aid under a condition of the legal assistance approval. 9
(3) In deciding the amount payable by a legally assisted person under 10
subsection (2), Legal Aid must have regard to-- 11
(a) the market value of the property of which the person's ownership 12
or entitlement is preserved, or which is actually recovered, 13
because of the judgment, settlement or compromise; and 14
(b) any failure by the legally assisted person to take action to recover 15
property recoverable because of the judgment, settlement or 16
compromise, including a failure to comply with a direction given 17
to the person by Legal Aid under section 37. 18
(4) The Consumer Credit (Queensland) Act 1994 does not apply to an 19
amount payable by a legally assisted person under this section. 20
Aid may direct legally assisted person to take action to recover 21
Legal
particular property 22
37.(1) Legal Aid may, by written notice, direct a legally assisted person 23
to take action stated in the notice to ensure that property the person is 24
entitled to recover because of a judgment, order, settlement or compromise 25
mentioned in section 36(1) is actually recovered by the person. 26
(2) If the legally assisted person contravenes the direction, Legal Aid 27
may, by written notice, direct the person to assign the person's right to 28
recover the property to Legal Aid within 28 days after the day on which the 29
notice is given. 30
(3) If the legally assisted person contravenes the direction given under 31
subsection (2), at the end of the 28 days-- 32
s 38 24 s 39
Legal Aid Queensland
(a) the person is taken to have assigned the person's right to recover 1
the property to Legal Aid; and 2
(b) Legal Aid is taken to stand in place of the legally assisted person, 3
and may use the remedies and, if necessary, the name of the 4
legally assisted person, in a proceeding to recover the property. 5
Aid may charge a legally assisted person interest on particular 6
Legal
unpaid amounts 7
38.(1) Legal Aid may charge a legally assisted person interest on an 8
unpaid amount payable by the person under section 36(2).5 9
(2) If Legal Aid charges interest, it-- 10
(a) starts accruing 30 days after Legal Aid gives the person written 11
notice of its decision to charge it; and 12
(b) is payable at the rate for the time being prescribed under the 13
Supreme Court Act 1995, section 486 for a judgment or order of a 14
court of record. 15
Legal Aid may recover particular unpaid amounts from a legally 16
How
assisted person etc. 17
39.(1) This section applies if an amount payable by a legally assisted 18
person to Legal Aid under section 36(2) or 38(1)7 is not paid when it 19
becomes due. 20
(2) The amount may be recovered by Legal Aid as a debt in a court of 21
competent jurisdiction. 22
(3) Until payment or recovery, the amount is a first charge in favour of 23
Legal Aid on any property of which the person's ownership or entitlement 24
is preserved, or which is actually recovered, because of the judgment, order, 25
5 Section 36 (Legal Aid's entitlement to repayment of costs if legally assisted
person recovers property etc.)
6 Supreme Court Act 1995, section 48 (Interest on debt under judgment or order)
7 Section 36 (Legal Aid's entitlement to repayment of costs if legally assisted
person recovers property etc.) or section 38 (Legal Aid may charge a legally
assisted person interest on particular unpaid amounts)
s 40 25 s 40
Legal Aid Queensland
settlement or compromise mentioned in section 36(1). 1
(4) Legal Aid may enforce the charge as if it had been given to Legal Aid 2
under a written agreement between Legal Aid and the legally assisted 3
person. 4
(5) A conveyance or act done to defeat, or purporting to operate so as to 5
defeat, the charge is void against Legal Aid. 6
(6) Subsection (5) does not apply to a transfer or conveyance of the 7
property to a genuine purchaser for value without notice of Legal Aid's 8
interest under the charge. 9
Division 8--Legal Aid agents' fees 10
much is payable by Legal Aid to a Legal Aid agent etc. 11
How
40.(1) Legal Aid must-- 12
(a) decide the fees payable by Legal Aid to a Legal Aid agent for 13
legal assistance given by the agent under this Act; and 14
(b) pay the fees to the agent. 15
(2) Subsection (1)(b) does not apply if the legal assistance is given on a 16
voluntary basis. 17
(3) A fee may-- 18
(a) apply generally to all Legal Aid agents and matters or be limited 19
in its application to-- 20
(i) a particular Legal Aid agent or matter; or 21
(ii) particular classes of Legal Aid agents or matters; or 22
(b) otherwise apply generally or be limited in its application by 23
reference to specified exceptions or factors. 24
(4) If Legal Aid gives a person legal assistance under an agreement with 25
a Legal Aid agent, the agent may receive only the following amounts for the 26
legal service given-- 27
(a) an amount decided by Legal Aid as the fee for the service; 28
(b) an amount for disbursements, including barristers' fees, and 29
s 41 26 s 42
Legal Aid Queensland
out-of-pocket expenses reasonably incurred by the agent; 1
(c) another amount approved by Legal Aid, but only if any 2
conditions imposed on the approval are complied with. 3
Maximum penalty--100 penalty units or 2 years imprisonment. 4
(5) An amount payable by Legal Aid to a Legal Aid agent under this 5
section may be paid by Legal Aid allowing the agent to retain contributions 6
given to the agent by legally assisted persons under this Act. 7
PART 3--LEGAL AID QUEENSLAND 8
Division 1--Establishment 9
10
Establishment
41. Legal Aid Queensland is established. 11
Aid is a body corporate etc. 12
Legal
42.(1) Legal Aid-- 13
(a) is a body corporate with perpetual succession; and 14
(b) has a common seal; and 15
(c) may sue and be sued in its corporate name. 16
(2) Legal Aid does not represent the State. 17
(3) Legal Aid is-- 18
(a) a unit of public administration within the meaning of the Criminal 19
Justice Act 1989; and 20
(b) a statutory body within the meaning of-- 21
(i) the Financial Administration and Audit Act 1977; and 22
(ii) the Statutory Bodies Financial Arrangements Act 1982. 23
s 43 27 s 44
Legal Aid Queensland
(4) Judicial notice must be taken of the imprint of Legal Aid's seal 1
appearing on a document and the document must be presumed to have been 2
properly sealed unless the contrary is proved. 3
Division 2--Functions and powers 4
functions 5
Main
43. Legal Aid's main functions are-- 6
(a) to ensure legal assistance is given to persons in the most effective, 7
economic, commercial and efficient way; and 8
(b) to manage its resources so as to make legal assistance available at 9
a reasonable cost to the community and on an equitable basis 10
throughout the State; and 11
(c) to control and administer amounts given to it by the State or 12
Commonwealth under a legal assistance arrangement or 13
otherwise; and 14
(d) to pursue innovative ways of giving persons legal assistance to 15
minimise the need for individual legal services in the community. 16
functions 17
Other
44.(1) Legal Aid's other functions are-- 18
(a) to ensure that its activities are carried out consistently with, and do 19
not prejudice, the independence of the legal profession; and 20
(b) to liaise, cooperate and, if it considers it desirable, make reciprocal 21
arrangements with the following-- 22
(i) other legal aid entities; 23
(ii) professional entities representing private lawyers; 24
(iii) other entities engaged or interested in giving legal assistance 25
in the State or elsewhere; and 26
(c) to liaise with professional entities representing private lawyers to 27
facilitate the use, in appropriate circumstances, of services 28
provided by private lawyers; and 29
s 45 28 s 45
Legal Aid Queensland
(d) to make maximum use of services offered, on a voluntary basis, 1
by Legal Aid agents; and 2
(e) to make its services available to persons eligible for legal 3
assistance by establishing the local offices, and making other 4
arrangements, it considers appropriate; and 5
(f) to arrange for the provision of duty lawyer services at court 6
sittings in the State as it considers appropriate; and 7
(g) to endeavour to secure the services of language interpreters, 8
marriage counsellors, mediators, welfare officers and other 9
appropriate persons to help legally assisted persons in matters for 10
which they are legally assisted; and 11
(h) to the extent Legal Aid considers it appropriate, to encourage and 12
allow law students to participate, on a voluntary basis and under 13
professional supervision, in giving legal assistance by Legal Aid 14
lawyers. 15
(2) Under a legal assistance arrangement, Legal Aid may give financial 16
assistance to community legal centres or other entities in the State for legal 17
assistance. 18
(3) In performing the function mentioned in subsection (2), Legal Aid 19
must have regard to the amounts received, or likely to be received by, Legal 20
Aid under this Act. 21
powers 22
General
45.(1) Legal Aid may-- 23
(a) acquire, hold or dispose of real and personal property; and 24
(b) accept an amount or other property on trust, and act as trustee of 25
the amount or other property; and 26
(c) do anything else that a body corporate may lawfully do, including 27
establishing a superannuation scheme for its employees. 28
(2) Despite anything in this Act, but subject to subsection (4), an amount 29
or other property held by Legal Aid on trust must be dealt with by Legal 30
Aid as trustee under the Trusts Act 1973. 31
(3) A provision of the Trust Accounts Act 1973 about solicitors keeping 32
s 46 29 s 47
Legal Aid Queensland
accounts for amounts held by them on trust, or the audit of the accounts, 1
does not apply to an amount held by Legal Aid on trust under this Act. 2
(4) The Legal Practitioners Act 1995, section 518 applies to an amount 3
held by Legal Aid on trust for a person who is or has been legally assisted 4
and, for this subsection, a reference in section 51 to a solicitor is taken to be 5
a reference to Legal Aid. 6
(5) Legal Aid may invest an amount held by it on trust under the 7
Statutory Bodies Financial Arrangements Act 1982 and an amount 8
resulting from the investment must be applied for this Act. 9
(6) Subsection (5) does not apply to an amount Legal Aid is required to 10
deposit with the Queensland Law Society Incorporated under the Legal 11
Practitioners Act 1995, section 51. 12
to enter into legal assistance arrangements and other 13
Power
agreements 14
46.(1) Legal Aid may enter into legal assistance arrangements. 15
(2) A legal assistance arrangement with the Commonwealth must be 16
approved by the Minister. 17
(3) The matters for which a legal assistance arrangement may provide 18
include the following-- 19
(a) the amounts to be made available by the Commonwealth, a State 20
or another entity, for legal assistance under this Act; 21
(b) the priorities to be observed in providing the legal assistance as 22
between classes of persons or matters. 23
(4) To meet its obligations under a legal assistance arrangement, Legal 24
Aid may enter into an agreement with a private lawyer, community legal 25
centre or other entity to provide legal services as Legal Aid's agent. 26
to assist court 27
Power
47.(1) This section applies if-- 28
8 Legal Practitioners Act 1995, section 51 (Solicitors trust bank accounts etc.)
s 48 30 s 49
Legal Aid Queensland
(a) a person is acquitted of a charge of an offence or discharged in 1
respect of an offence in a proceeding; and 2
(b) the Attorney-General refers a point of law arising out of the 3
proceeding to the Court of Appeal for its consideration and 4
opinion under the Criminal Code, section 669A(2);9 and 5
(c) no appearance is made by or for the person mentioned in 6
paragraph (a) in the Court of Appeal on the reference. 7
(2) Legal Aid may appear on its own behalf on the reference and assist 8
the court by way of argument as the court considers appropriate. 9
(3) In assisting the court, Legal Aid is taken to be performing its function 10
of giving legal assistance under this Act. 11
PART 4--LEGAL AID BOARD 12
1--Establishment, composition etc. 13
Division
14
Establishment
48. The Legal Aid Board is established. 15
16
Composition
49.(1) The board consists of 5 persons appointed by the Governor in 17
Council. 18
(2) A person is not eligible to be appointed by the Governor in Council 19
unless the person has knowledge or experience in commerce, economics, 20
finance, management or providing legal services. 21
(3) The Governor in Council is to appoint 1 board member as the board 22
chairperson. 23
(4) A member is to be employed under this Act and not under the Public 24
9 Criminal Code, section 669A (Appeal by Attorney-General)
s 50 31 s 53
Legal Aid Queensland
Service Act 1996. 1
conditions 2
Appointment
50. A member of the board is appointed on conditions decided by the 3
Governor in Council. 4
of appointment 5
Duration
51.(1) A member of the board must be appointed for a term of not 6
longer than 3 years decided by the Governor in Council. 7
(2) A member's office becomes vacant if the member-- 8
(a) resigns by signed notice of resignation given to the Minister; or 9
(b) is absent from 3 consecutive board meetings without the board's 10
leave and without reasonable excuse; or 11
(c) becomes incapable of performing the duties of a member because 12
of physical or mental incapacity; or 13
(d) is an undischarged bankrupt or is taking advantage of the laws in 14
force relating to bankrupt debtors; or 15
(e) is convicted of an indictable offence; or 16
(f) is prohibited from being a director of a body corporate by the 17
Corporations Law for a reason other than the person's age; or 18
(g) is removed from office by the Governor in Council under 19
subsection (3). 20
(3) The Governor in Council may remove a member from office for any 21
reason or none. 22
functions 23
Board's
52. The board's functions are-- 24
(a) to responsibly manage Legal Aid; and 25
(b) to ensure that Legal Aid achieves its objects under this Act. 26
s 54 32 s 56
Legal Aid Queensland
report to Minister 1
Board's
53.(1) If asked by the Minister at any time, the board must give the 2
Minister a report on any issue relevant to its functions. 3
(2) However, the Minister can not ask the board to give a report about 4
legal assistance for a particular person. 5
powers 6
Board's
54. The board may-- 7
(a) exercise a power that Legal Aid may exercise; and 8
(b) decide Legal Aid's priorities and strategies; and 9
(c) issue guidelines about particular types of application that the 10
board requires be referred to it for its decision; and 11
(d) issue standards about giving legal services under this Act; and 12
(e) deal with a matter under guidelines mentioned in paragraph (c). 13
of board's powers 14
Delegation
55.(1) The board may delegate its powers under this Act to the chief 15
executive officer. 16
(2) A delegation of a power may permit the subdelegation of the power 17
to an appropriately qualified person. 18
2--Procedure 19
Division
and place of meetings 20
Time
56.(1) A meeting of the board is to be held at the time and place fixed by 21
the board. 22
(2) The board must meet at least once in every 3 months. 23
(3) In addition, the board chairperson may convene a board meeting-- 24
(a) at any time; or 25
(b) if asked by the chief executive officer. 26
s 57 33 s 59
Legal Aid Queensland
(4) The board may hold meetings, or allow members to take part in its 1
meetings by telephone, video link, or another form of communication that 2
allows reasonably contemporaneous and continuous communication 3
between the members taking part in the meeting. 4
(5) This section does not limit section 59.10 5
uorum 6
Q
57. Any 3 board members are a quorum of the board. 7
8
Decisions
58.(1) The decision in which a majority of the board members voting 9
agrees is the board's decision. 10
(2) If the voting is equal, the presiding member's decision is the board's 11
decision. 12
(3) The presiding member is the board chairperson or, if the chairperson 13
is absent, the member chosen by the members present. 14
without meetings 15
Decisions
59.(1) If each board member signs a document stating that the member 16
agrees with the decision stated in the document, the decision is taken to be 17
made by the board at a meeting held on-- 18
(a) if the document is signed by all members on the same day--the 19
day on which it is signed; or 20
(b) otherwise--the day on which the last member signs it. 21
(2) Each board member must be given a copy of the decision made 22
under subsection (1). 23
(3) In subsection (1)(a)-- 24
"document" includes 2 or more documents stating the decision in identical 25
terms. 26
10 Section 59 (Decisions without meetings)
s 60 34 s 63
Legal Aid Queensland
inutes 1
M
60. The board must keep minutes of its meetings. 2
3
Procedure
61. Subject to this part, the board may decide its own procedures. 4
of interest 5
Conflicts
62.(1) This section applies if a board member has a direct or indirect 6
pecuniary interest in a matter being, or to be, considered by the board that 7
conflicts or may conflict with the discharge of the member's duties in 8
considering the matter. 9
(2) The member must disclose the nature of the interest and conflict at a 10
board meeting as soon as practicable after the relevant facts come to the 11
member's knowledge. 12
(3) The disclosure must be recorded in the minutes of the meeting and, 13
unless the board decides otherwise-- 14
(a) the member must not be present during the board's deliberation 15
of the matter; and 16
(b) must not take part in the board's decision on the matter. 17
3--Attorney-General's directions 18
Division
may give board directions 19
Attorney-General
63.(1) The Attorney-General may give the board a written direction about 20
the following-- 21
(a) Legal Aid performing its functions or exercising its powers; 22
(b) Legal Aid's policies, priorities or guidelines, including priorities 23
in legal assistance funding. 24
(2) The Attorney-General may only, and must, give a direction under 25
subsection (1) relating to legal assistance given under a legal assistance 26
arrangement with the Commonwealth, if the Commonwealth 27
s 64 35 s 65
Legal Aid Queensland
Attorney-General gives the Attorney-General a written request for the 1
direction. 2
(3) A direction under subsection (1) can not be about giving legal 3
assistance to a particular person. 4
(4) The board must comply with a direction given under subsection (1) 5
or (2). 6
(5) The Attorney-General must table in the Legislative Assembly-- 7
(a) a copy of any direction given to the board under subsection (1); 8
and 9
(b) if the direction was given on the request of the Commonwealth 10
Attorney-General--a copy of the request. 11
(6) The copy of a direction or request mentioned in subsection (5) must 12
be tabled in the Legislative Assembly within 10 sitting days after the 13
direction is given to the board. 14
ART 5--OTHER PROVISIONS ABOUT LEGAL AID 15
P
QUEENSLAND 16
1--Chief executive officer and employees 17
Division
executive officer of Legal Aid 18
Chief
64.(1) Legal Aid is to have a chief executive officer. 19
(2) The chief executive officer is to be appointed by the Governor in 20
Council, by gazette notice, on the board's recommendation. 21
(3) The chief executive officer is to be appointed under this Act and not 22
under the Public Service Act 1996. 23
for appointment 24
Qualifications
65. A person is eligible for appointment as chief executive officer only if 25
the person is a lawyer with at least 5 years experience as a lawyer. 26
s 66 36 s 70
Legal Aid Queensland
of office 1
Term
66. The chief executive officer is to be appointed for a term of not longer 2
than 5 years but is eligible for reappointment. 3
executive officer's responsibilities 4
Chief
67. The chief executive officer is, under the board, responsible for-- 5
(a) controlling Legal Aid's day to day administration in accordance 6
with-- 7
(i) priorities and strategies decided by the board; and 8
(ii) directions given to the chief executive officer by the board; 9
and 10
(b) providing legal services to legally assisted persons under this Act; 11
and 12
(c) arranging and supervising the provision of legal services to 13
legally assisted persons by Legal Aid lawyers. 14
done by chief executive officer 15
Things
68. Anything done in the name of, or for, Legal Aid by its chief 16
executive officer is taken to have been done by Legal Aid. 17
by chief executive officer 18
Delegation
69. The chief executive officer may delegate the chief executive officer's 19
powers under this Act to an appropriately qualified person. 20
21
Employees
70.(1) Legal Aid may engage the employees it considers necessary to 22
perform its functions. 23
(2) Legal Aid may decide its employees' terms of employment. 24
(3) The employees are to be employed under this Act and not under the 25
Public Service Act 1996. 26
s 71 37 s 74
Legal Aid Queensland
Division 2--Legal practice 1
employment 2
External
71. A Legal Aid lawyer may practise as a lawyer, or engage in paid 3
employment, other than for Legal Aid, only with the board's written 4
approval. 5
provisions of the Legal Practitioners Act 1995 and 6
Particular
Queensland Law Society Act 1952 do not apply to Legal Aid lawyers 7
72. The Legal Practitioners Act 1995, part 2 and Queensland Law 8
Society Act 1952, sections 10 to 11A and part 3 do not apply to a Legal Aid 9
lawyer performing the lawyer's duties under this Act.11 10
Aid taken to be solicitors firm etc. 11
Legal
73. In providing legal services-- 12
(a) Legal Aid is taken to be a firm of solicitors practising lawfully in 13
the State and retained by a legally assisted person to act for the 14
person; and 15
(b) a Legal Aid lawyer is taken to be employed by the firm. 16
conduct 17
Professional
74. Legal Aid, or a Legal Aid lawyer, in performing the duties of a 18
lawyer under this Act-- 19
(a) must observe the rules and standards of professional conduct and 20
ethics a private lawyer is required to observe; and 21
11 Legal Practitioners Act 1995, part 2 (Provisions from Costs Act 1867)
Queensland Law Society Act 1952--
· section 10 (When council may assume control over practitioner's trust
accounts)
· section 11 (Powers of the council with respect to trust accounts of
deceased practitioners etc.)
· section 11A (Appointment of receiver of trust property)
· part 3 (Legal practitioners' fidelity guarantee fund)
s 75 38 s 76
Legal Aid Queensland
(b) is subject to the professional obligations to which a private lawyer 1
is subject, by law or custom, in legal practice. 2
of legal professional privilege to Legal Aid and Legal Aid 3
Application
lawyers 4
75.(1) This section applies to communications made in or for the 5
performance of Legal Aid's following functions-- 6
(a) deciding applications for legal assistance; 7
(b) acting as a lawyer for a legally assisted person; 8
(c) a function incidental to a function mentioned in paragraph (a) 9
or (b). 10
(2) Confidential communications between a legally assisted person and 11
Legal Aid or a Legal Aid lawyer are subject to legal professional privilege. 12
(3) Without limiting subsection (2), the communications may not be 13
disclosed by Legal Aid or a Legal Aid lawyer without the legally assisted 14
person's consent. 15
(4) Subject to this Act, this section has effect despite any other law. 16
Aid and its employees' right of practice 17
Legal
76.(1) This section-- 18
(a) applies for the performance by Legal Aid of its functions; and 19
(b) does not affect a right to practise as a barrister or solicitor, or 20
perform a barrister's or solicitor's functions, or a right of 21
audience in a court, that a Legal Aid lawyer has apart from this 22
section. 23
(2) A Legal Aid lawyer-- 24
(a) may practise as a solicitor and perform a solicitor's functions in 25
the State; and 26
(b) has a right of audience in a court of the State. 27
(3) A Legal Aid lawyer may perform the functions of a lawyer under this 28
Act only if-- 29
s 77 39 s 79
Legal Aid Queensland
(a) the lawyer holds a current practising certificate under the Legal 1
Practitioners Act 1995; or 2
(b) the lawyer's name is on the roll of barristers of the Supreme 3
Court. 4
(4) A Legal Aid lawyer practising as a solicitor or performing a 5
solicitor's functions has the rights and privileges of a private lawyer who is 6
a solicitor. 7
(5) A Legal Aid lawyer appearing for a legally assisted person in a court 8
under this section has the same protection and immunity as if the lawyer 9
were a private lawyer who is a barrister. 10
of Queensland Law Society Act 1952 to Legal Aid lawyers 11
Application
who are solicitors 12
77. The provisions of the Queensland Law Society Act 1952 regulating 13
the way in which complaints against solicitors for malpractice, professional 14
misconduct, or unprofessional conduct or practice may be investigated and 15
dealt with, apply to a Legal Aid lawyer who is a solicitor within the 16
meaning of that Act in the same way as it applies to other solicitors within 17
the meaning of the Act. 18
of laws about conduct to Legal Aid lawyers who are 19
Application
barristers 20
78. Subject to section 73(2),12 the provisions of any law about the 21
conduct of barristers apply to a Legal Aid lawyer who is a barrister in the 22
same way as they apply to other barristers under the provisions. 23
on the record 24
Solicitor
79.(1) This section applies if a person who is receiving legal assistance 25
from a Legal Aid lawyer is a party to a court proceeding for which a 26
document is required or allowed to be signed by the party's solicitor. 27
12 Section 73 (Legal Aid taken to be solicitors firm etc.)
s 80 40 s 82
Legal Aid Queensland
(2) The signature of a Legal Aid lawyer authorised by the board to sign 1
documents for Legal Aid for this section, is taken to be the signature of the 2
party's solicitor. 3
ART 6--MISCELLANEOUS 4
P
from liability 5
Protection
80.(1) A Legal Aid employee does not incur civil liability for an act done, 6
or omission made, honestly and without negligence under this Act. 7
(2) If subsection (1) prevents a civil liability attaching to an employee, the 8
liability attaches instead to Legal Aid. 9
Aid not liable for particular acts or omissions of Legal Aid 10
Legal
agents 11
81. Legal Aid is not liable for an act done, or omission made by a Legal 12
Aid agent outside the scope of the agent's actual or apparent authority. 13
14
Secrecy
82.(1) This section applies to a person who is or was-- 15
(a) a Legal Aid employee under this Act; or 16
(b) a commissioner, officer of the commission, or member of a legal 17
aid committee, review committee or consultative committee 18
under the former Act. 19
(2) A person to whom this section applies (the "first person") must not, 20
directly or indirectly, other than for this Act or in a proceeding under this 21
Act-- 22
(a) give a person, make a record of, or use information acquired 23
about a person's affairs by the first person under this Act or the 24
former Act; or 25
(b) give a person a document acquired about someone else's affairs 26
s 82 41 s 82
Legal Aid Queensland
under this Act or the former Act. 1
Maximum penalty--50 penalty units or 6 months imprisonment. 2
(3) In a court proceeding under this Act, the first person is not required 3
to-- 4
(a) give the court a document about someone else's affairs of which 5
the first person has custody, or to which the first person has 6
access, under this Act or the former Act; or 7
(b) give the court information about someone else's affairs obtained 8
by the first person under this Act or the former Act. 9
(4) Subsection (3) does not apply if the court considers it necessary in the 10
interests of justice that the document or information be given. 11
(5) Subsection (2) does not prevent a person from giving a document or 12
information to the following-- 13
(a) Bar Association of Queensland; 14
(b) Barristers' Board; 15
(c) Solicitors' Board; 16
(d) Queensland Law Society Incorporated; 17
(e) the entity established under the Queensland Law Society Act 1952 18
to hear and decide charges of malpractice, professional 19
misconduct or unprofessional conduct or practice brought against 20
a practitioner under the Act; 21
(f) a conferencing chairperson under part 2, division 4;13 22
(g) under guidelines decided by Legal Aid--a person to whom the 23
document or information is required to be given under a lawfully 24
issued search warrant; 25
(h) with the board's consent--another entity to whom Legal Aid 26
considers it is in the public interest that the document or 27
information be given. 28
(6) Legal Aid may impose the conditions, if any, it considers appropriate 29
on the giving of a document or information under subsection (5). 30
13 Part 2, division 4 (Alternative dispute resolution)
s 83 42 s 84
Legal Aid Queensland
(7) Without limiting subsection (6), Legal Aid may impose conditions 1
restricting the use that may be made of the document or information given 2
to protect the anonymity of a legally assisted person, or person who has 3
applied for legal assistance, to whom the document or information relates. 4
(8) A person to whom a document or information is given under 5
subsection (5) must comply with any condition imposed under 6
subsection (6). 7
Maximum penalty--50 penalty units or 6 months imprisonment. 8
(9) This section does not affect a law or rule of practice or procedure 9
about the discovery of documents in a proceeding for which legal assistance 10
is given to a person under this Act. 11
Aid employee's duty to give information 12
Legal
83.(1) If Legal Aid or the board considers it necessary to enable it to 13
exercise its functions under this Act, Legal Aid or the board may ask a 14
Legal Aid employee to give Legal Aid or the board any relevant 15
information. 16
(2) The employee must comply with the request despite any privilege 17
arising between the employee and a legally assisted person. 18
Maximum penalty--20 penalty units. 19
(3) In this section-- 20
"relevant information" means information in the employee's possession 21
or to which the employee has access that is relevant to-- 22
(a) providing legal assistance to a person under this Act; or 23
(b) the matter for which a person is or was legally assisted. 24
of misrepresentation 25
Offence
84.(1) A person must not, without reasonable excuse, in applying for 26
legal assistance-- 27
(a) make a false or misleading statement; or 28
(b) give Legal Aid a document that is false or misleading in a 29
material particular. 30
s 85 43 s 85
Legal Aid Queensland
Maximum penalty--20 penalty units or 3 months imprisonment. 1
(2) A charge under subsection (1) may allege a statement or document is 2
false or misleading, without specifying which. 3
(3) An applicant for legal assistance, or a legally assisted person, must 4
not, with intent to deceive or mislead Legal Aid, withhold relevant 5
information the person is required to give Legal Aid under this Act. 6
Maximum penalty--20 penalty units or 3 months imprisonment. 7
(4) If-- 8
(a) a legally assisted person is convicted of an offence against 9
subsection (1) or (2) in relation to the person's application for 10
legal assistance; and 11
(b) Legal Aid incurred an expense in giving the assistance; 12
the court may, in addition to imposing a penalty for the offence, order the 13
person to pay the amount of the expense to Legal Aid. 14
under Act 15
Proceedings
85.(1) A proceeding for an offence against this Act is to be taken in a 16
summary way under the Justices Act 1886. 17
(2) The proceeding may be started within-- 18
(a) 1 year after the offence is committed; or 19
(b) 1 year after the offence comes to the complainant's knowledge, 20
but within 2 years after the offence is committed. 21
(3) In a proceeding under this Act, it is not necessary to prove any of the 22
following matters, unless evidence contrary to the matter is given-- 23
(a) the establishment of Legal Aid; 24
(b) the authority of a Legal Aid employee to start, or appear in, the 25
proceeding; 26
(c) the appointment of a Legal Aid employee. 27
s 86 44 s 88
Legal Aid Queensland
1
Evidence
86. A certificate purporting to be given by Legal Aid and stating any of 2
the following matters is evidence of the matter-- 3
(a) Legal Aid gave a stated person legal assistance for a stated matter; 4
(b) Legal Aid incurred expense of a stated amount in giving the legal 5
assistance; 6
(c) a stated amount was, on the day stated in the certificate, payable 7
by a stated legally assisted person to Legal Aid. 8
of forms 9
Approval
87. The board may approve forms for use under this Act. 10
power 11
Regulationmaking
88.(1) The Governor in Council may make regulations under this Act. 12
(2) Without limiting subsection (1), a regulation may prescribe anything 13
necessary or convenient to be prescribed-- 14
(a) to enable a legal assistance arrangement to be made; or 15
(b) for performing or giving effect to a legal assistance arrangement. 16
(3) A regulation may make provision about a matter for which-- 17
(a) it is necessary or convenient to assist the transition to the 18
performance by Legal Aid of functions previously performed by 19
the former entity; and 20
(b) this Act does not make provision or enough provision. 21
(4) Subsection (3) and this subsection, and any regulation made under 22
subsection (3), expire 2 years after they commence. 23
s 89 45 s 92
Legal Aid Queensland
PART 7--TRANSITIONAL PROVISIONS AND 1
REPEAL 2
1--Transitional provisions 3
Division
entity 4
Former
89. The former entity is abolished and its members go out of office. 5
board's decisions 6
Transitional
90.(1) This section applies to any decision made by the committee 7
administratively established by the Governor in Council under the name of 8
the Board of Legal Aid Queensland (Transitional) (the "transitional 9
board") if the decision-- 10
(a) could be made by the Legal Aid Board if it were established; and 11
(b) was made by the transitional board in contemplation of the 12
establishment of the Legal Aid Board. 13
(2) From the day the Legal Aid Board is established, the decision is taken 14
to be a decision of the Legal Aid Board. 15
(3) For the purposes of deciding the period within which a proceeding 16
may be taken against the decision, the decision is taken to have been made 17
by the Legal Aid Board on the day it is established. 18
(4) This section expires 1 year after it commences. 19
committees, legal aid committees and review committees 20
Consultative
91. The consultative committees, legal aid committees and review 21
committees established under the former Act are abolished and the 22
members go out of office. 23
decisions and directions of, and delegations by, former 24
Existing
entity's Director 25
92.(1) If the context permits, a decision or direction of, or delegation by, 26
s 93 46 s 94
Legal Aid Queensland
the Director of Legal Aid under the former Act is taken to continue as a 1
decision or direction of, or delegation by, the chief executive officer. 2
(2) Subsection (1) does not apply to a decision or direction that is 3
inconsistent with a decision made by the transitional board. 4
of decisions 5
Review
93.(1) If-- 6
(a) a person had requested a decision be reconsidered or reviewed by 7
a review committee or legal aid committee (the "reviewing 8
authority") under the former Act before the commencement of 9
this section; and 10
(b) the decision had not been reconsidered or reviewed before the 11
commencement; 12
the board may reconsider or review, or continue to reconsider or review, the 13
decision under the former Act as if that Act had not been repealed and the 14
board were the reviewing authority. 15
(2) If, before the commencement of this section, a person was entitled 16
under the former Act to request a decision made under that Act be 17
reconsidered or reviewed, the person may, after the commencement, 18
request its reconsideration or review, and the board may reconsider or 19
review it as if-- 20
(a) the former Act had not been repealed; and 21
(b) the former entity were Legal Aid Queensland; and 22
(c) the board were the reviewing authority. 23
ssets 24
A
94.(1) The former entity's assets, including the Legal Aid Fund 25
established under the former Act, vest in Legal Aid. 26
(2) To remove any doubt, a reserve remaining in the fund mentioned in 27
subsection (1) immediately before the commencement of this section, vests 28
in Legal Aid. 29
(3) However, nothing in this section prevents an entity's entitlement to 30
s 95 47 s 98
Legal Aid Queensland
the reserve immediately before the commencement being taken into account 1
in a legal assistance arrangement. 2
(4) From the commencement of this section, any amount payable to or 3
out of the Legal Aid Fund is payable to, or by, Legal Aid. 4
and liabilities 5
Rights
95. The former entity's rights and liabilities vest in Legal Aid. 6
of assets, rights and liabilities 7
Revesting
96.(1) Within 6 months after the commencement of this section, a 8
regulation may-- 9
(a) revest in a stated entity an asset or liability vested in Legal Aid 10
under section 94 or 95; and 11
(b) make provision about a matter for which-- 12
(i) it is necessary or convenient to assist the revesting; and 13
(ii) this Act does not make provision or enough provision. 14
(2) This section, and any regulation made under it, expires 1 year after 15
the commencement. 16
17
Proceedings
97.(1) A proceeding by or against the former entity that has not ended 18
before the commencement of this section, may be continued and finished 19
by or against Legal Aid. 20
(2) If a proceeding could have been taken by or against the former entity, 21
if the entity had continued to exist, the proceeding may be taken by or 22
against Legal Aid. 23
arrangements or contracts 24
Existing
98.(1) If the former entity was a party to an arrangement or contract in 25
force immediately before the commencement of this section, Legal Aid is 26
taken to be the party. 27
s 99 48 s 101
Legal Aid Queensland
(2) Any condition imposed by the former entity on the provision of legal 1
assistance under the former Act in any way may, if the context permits, be 2
taken to be a condition imposed by Legal Aid on the legal assistance under 3
this Act. 4
entity's director 5
Former
99.(1) The person holding office as Director of Legal Aid under the 6
former Act immediately before the commencement of this section is taken 7
to have been appointed as the chief executive officer of Legal Aid for the 8
remainder of the person's term of appointment. 9
(2) The person remains entitled to all existing and accruing rights of 10
employment. 11
(3) The person's service as Director of the former entity is, for all 12
employment purposes, taken to be continuous with, and part of, the 13
person's service as chief executive officer under this Act. 14
entity's Assistant Directors and existing employees 15
Former
100.(1) A person who was an Assistant Director of Legal Aid or 16
employee of the former entity immediately before the commencement of 17
this section is taken to be a Legal Aid employee employed under this Act. 18
(2) The person remains entitled to all existing and accruing rights of 19
employment. 20
(3) The person's service as an Assistant Director or employee of the 21
former entity is, for all employment purposes, taken to be continuous with, 22
and part of, the person's service as a Legal Aid employee under this Act. 23
(4) An Assistant Director or employee of the former entity is not entitled 24
to receive a payment or other benefit because of the repeal of the former Act 25
or the abolition of an office under the former Act. 26
to Legal Aid Act 1978 27
References
101. In an Act or document, a reference to the Legal Aid Act 1978 may, 28
if the context permits, be taken as a reference to this Act. 29
s 102 49 s 104
Legal Aid Queensland
to former entity 1
References
102. In an Act or document, a reference to the former entity may, if the 2
context permits, be taken as a reference to Legal Aid. 3
to former director 4
References
103. In an Act or document, a reference to the Director of Legal Aid 5
under the former Act may, if the context permits, be taken as a reference to 6
the chief executive officer. 7
Division 2--Repeal 8
9
Repeal
104. The Legal Aid Act 1978 is repealed. 10
50
Legal Aid Queensland
CHEDULE 1
ˇS
ICTIONARY 2
D
section 4 3
"appropriately qualified" includes having the qualifications, experience or 4
standing appropriate to exercise the power. 5
6
Example of `standing'--
7
The level at which a person is employed within Legal Aid.
"approved form" see section 87. 8
"board" means the Legal Aid Board established under section 48. 9
"chief executive officer" means the chief executive officer of Legal Aid 10
appointed under section 64. 11
"contribution" includes an amount and another form of contribution. 12
"court" means a court, tribunal or other entity before which evidence may 13
be taken on oath. 14
"duty lawyer services" means the following legal services given to a 15
person at a court proceeding by a lawyer attending the proceeding other 16
than by previous arrangement with the person-- 17
· appearing for the person at the proceeding 18
· giving legal advice to the person for the proceeding. 19
"former Act" means the Legal Aid Act 1978. 20
"former entity" means the Legal Aid Commission of Queensland 21
established under the former Act. 22
"Legal Aid" means Legal Aid Queensland established under section 41. 23
"Legal Aid agent" means an entity with whom Legal Aid has entered into 24
an agreement under section 46(4). 25
"Legal Aid employee" includes the chief executive officer. 26
"Legal Aid lawyer" means a Legal Aid employee who is a lawyer. 27
51
Legal Aid Queensland
SCHEDULE(continued)
"legal assistance" see section 5. 1
"legal assistance arrangement" see section 7. 2
"legally assisted person" see section 6. 3
"private lawyer" means a lawyer, other than a Legal Aid lawyer, who may 4
practise lawfully in the State. 5
"specified criminal proceeding" means-- 6
(a) for legal assistance under a legal assistance arrangement with the 7
Commonwealth--a proceeding specified in the arrangement; or 8
(b) otherwise-- 9
(i) a criminal proceeding before a court other than-- 10
(A) a Magistrates Court; or 11
(B) the Childrens Court exercising jurisdiction other than 12
the jurisdiction conferred by the Juvenile Justice Act 13
1992 in relation to an indictable offence; or 14
(ii) a committal proceeding for an indictable offence punishable 15
on conviction by imprisonment of more than 14 years; or 16
(iii) a criminal proceeding before a court mentioned in 17
subparagraph (i) or (ii) that Legal Aid decides; or 18
(iv) another proceeding, other than a civil proceeding, that the 19
board decides. 20
"transitional board" see section 90. 21
22
© State of Queensland 1997
[Index] [Search] [Download] [Related Items] [Help]