Tasmanian Consolidated Acts

LEGAL AID COMMISSION ACT 1990 - SCHEDULE 3

SCHEDULE 3 - Transitional and Savings Provisions

Section 53

1. Interpretation

In this Schedule –

"approved scheme" means an approved scheme as defined in the Legal Assistance Act 1962;

"Australian Legal Aid Office" means that part of the Attorney-General's Department of the Commonwealth that is designated the Australian Legal Aid Office and that operates in Tasmania;

"eligible person" means a person employed in the Australian Legal Aid Office immediately before the commencement of this Act.

2. Application for legal aid

An application for legal aid made to the Australian Legal Aid Office or under an approved scheme which has not been determined immediately before the commencement of this Act is deemed to be an application under section 16.

3. Any services performed by legal aid office

Any services being performed by the Australian Legal Aid Office or pursuant to an approved scheme on behalf of a person by way of legal aid or legal assistance immediately before the commencement of this Act shall, on that commencement, be performed by the Commission.

4. Private legal practitioner

A private legal practitioner who, immediately before the commencement of this Act, was acting for a person in a matter in the course of the operations of the Australian Legal Aid Office or of an approved scheme is, on the commencement of this Act, deemed to be a private legal practitioner to whom the Commission has assigned work under this Act in respect of that matter.

5. Services to be performed or carried out subject to certain conditions

      (1) Any services –

(a) performed on or after the commencement of this Act by the Commission on behalf of a person under clause 3; or

(b) carried out on or after the commencement of this Act by a private legal practitioner under clause 4 –

      (2) For the purposes of subclause (1), the Commission is deemed to stand in the place of and to have all the rights, duties and obligations of the Australian Legal Aid Office or the Law Society in respect of the performance or the carrying out of the services referred to in that subclause before the commencement of this Act.

6. Director deemed to be solicitor

On and from the commencement of this Act, the Director is deemed to be the solicitor for a person in any proceeding in a court or in any other matter in which an officer or employee of the Australian Legal Aid Office was acting in the course of the operations of that Office as the solicitor for the person immediately before that commencement.

7. Staff of Australian Legal Aid Office

      (1) An eligible person who, immediately before the commencement of this Act, was employed in the Australian Legal Aid Office, shall on that day become an employee within the meaning of the TasmanianState Service Act 1984.

      (2) A person who becomes an employee within the meaning of the Tasmanian State Service Act 1984 under subclause (1) may, within 3 months after becoming such an employee, elect to become a contributor under the Retirement Benefits Act 1982.

8. Transfer of assets and liabilities

      (1) On the commencement of this Act, any assets vested in or liabilities incurred by the Australian Legal Aid Office or under an approved scheme is transferred to and vests in the Commission.

      (2) Any instrument made for the purposes of subclause (1) is exempted from the payment of any duty, fee or charge imposed under any Act in relation to such an instrument.