Queensland Consolidated Acts

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LEGAL AID QUEENSLAND ACT 1997 - SECT 40

40 How much is payable by Legal Aid to a Legal Aid agent etc.

(1) Legal Aid must--

(a) decide the fees payable by Legal Aid to a Legal Aid agent for legal assistance given by the agent under this Act; and
(b) pay the fees to the agent.

(2) Subsection (1)(b) does not apply if the legal assistance is given on a voluntary basis.

(3) A fee may--

(a) apply generally to all Legal Aid agents and matters or be limited in its application to--
(i) a particular Legal Aid agent or matter; or
(ii) particular classes of Legal Aid agents or matters; or
(b) otherwise apply generally or be limited in its application by reference to specified exceptions or factors.

(4) If Legal Aid gives a person legal assistance under an agreement with a Legal Aid agent, the agent may receive only the following amounts for the legal service given--

(a) an amount decided by Legal Aid as the fee for the service;
(b) an amount for disbursements, including barristers' fees, and out-of-pocket expenses reasonably incurred by the agent;
(c) another amount approved by Legal Aid, but only if any conditions imposed on the approval are complied with.

Maximum penalty--100 penalty units or 2 years imprisonment.

(5) An amount payable by Legal Aid to a Legal Aid agent under this section may be paid by Legal Aid allowing the agent to retain contributions given to the agent by legally assisted persons under this Act.



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