Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) In determining the fees payable to private legal practitioners for the provision of legal assistance or legal services to assisted persons, the Commission shall consult the Law Society and shall take into account its views.
(2) The fees payable to private legal practitioners for the provision of legal assistance or legal services to assisted persons shall, so far as practicable, be less than the ordinary professional cost of providing such legal assistance or legal services.
(3) The Director may refer to a Legal Aid Committee an account from a private legal practitioner in respect of the provision of legal assistance or legal services to determine whether any amounts claimed in the account are properly payable.
(4) The Commission may defer payment of fees payable by it to a private legal practitioner in connection with proceedings in respect of which legal aid has been granted –
(a) until the conclusion of any investigation in relation to –
(i) an alleged breach of this Act or the Legal Profession Act 2007 by the private legal practitioner in relation to the provision of services; or
(ii) an alleged fraud or misrepresentation by the private legal practitioner in relation to the provision of services; or
(iii) an alleged improper action by the private legal practitioner in bringing, defending or conducting proceedings in relation to the provision of legal assistance or legal services to assisted persons; or
(b) until the completion of any criminal or disciplinary proceedings commenced against the private legal practitioner in respect of any matter referred to in paragraph (a).
(5) The Commission may refuse to pay fees to a private legal practitioner in connection with proceedings in respect of which legal aid has been granted if an allegation referred to in subsection (4)(a) against the practitioner is substantiated in criminal or disciplinary proceedings.