LEGAL AID ACT 1978
Table of Provisions
PART II--VICTORIA LEGAL AID[1]
- 3 Establishment
- 4 Objectives
- 5 VLA not to represent the Crown
- 6 Functions and powers
- 7 Duties of VLA
- 8 Arrangements and guidelines for allocation of legal aid work
- 9 Guidelines for provision of legal aid
- 10 Delegation
- 11 Board of directors
- 12 Role of board
- 12B Appointment of directors
- 12C Terms and conditions of appointment of directors
- 12D Vacancies, resignations, removal of directors from office
- 12E Acting chairperson
- 12G Validity of decisions of board
- 12H Proceedings of board
- 12I Resolutions without meetings
- 12J Disclosure of interests
- 12JA Role of chief executive officer
- 12JB Appointment of chief executive officer
- 12JC Terms and conditions of appointment of chief executive officer
- 12JD Vacancy, resignation, removal from chief executive officer's office
- 12JE Acting chief executive officer
- 12JF Validity of decisions of chief executive officer
- 12K Community consultative committee
- 12L Terms and conditions of appointment to community consultative committee
- 12LA Collaborative planning committee
- 12LB Terms and conditions of appointment to collaborative planning committee
- 12LC Reports of collaborative planning committee
- 12M Attorney-General may give directions to the board
- 12MA Directions regarding funding of community legal services
- 12MB Strategic plan
- 12MC Annual corporate plan
- 12N Annual report
- 12O Quarterly reports
PART III--OFFICERS OF COMMISSION
- 15 Officers and employees
- 16 VLA and its officers are subject to legal professional standards and duties
- 17 In any proceeding signature of officer of VLA deemed to be signature of legal practitioner for a party to the proceeding
PART IV--INDEPENDENT REVIEWERS
- 18 Panel of independent reviewers
- 19 Functions of independent reviewers
PART V--PROVISION OF LEGAL ASSISTANCE
- 23 Applications for legal assistance
- 24 Circumstances in which legal assistance may be provided
- 25 Legal assistance may be provided notwithstanding that the interests of the assisted person are adverse to the State or the Commonwealth
- 26 Certain legal aid provided without charge
- 27 Conditions
- 27A Refund of money paid in accordance with section 27
- 28 Decisions relating to the provision of legal services
- 29 Variation of a decision to provide legal assistance
- 29A Practitioner panels
- 29B Assignment of case to practitioner panel
- 30 Selection of practitioner[2]
- 30A Immunity of participants
- 31 Relationship between legal practitioner and client
- 32 Private legal practitioner to demand, take or accept payment allowed by the Act
- 33 Statement of reasons for a decision to be given
PART VI--RECONSIDERATION AND REVIEW OF DECISIONS: COMPLAINTS
- 34 Reconsideration of decisions of VLA and independent reviewer
- 35 Review of decisions of VLA
- 36 Review of decisions of independent reviewer
- 37 Conflicts of interest
PART VIA--LAW AID SCHEME
- 40A Definitions
- 40B Immunity
- 40C Fee agreement
- 40D Contingent payments
- 40F Certain information not to be revealed
- 40G Recovery of costs
- 40H Grant to trust fund
PART VIB--ALTERNATIVE DISPUTE RESOLUTION
- 40I Alternative dispute resolution programs
- 40J Confidentiality
- 40K Freedom of Information Act 1982
- 40L Admissibility of evidence
- 40M Immunity for conference chairpersons
PART VII--FINANCIAL
PART VIII--MISCELLANEOUS
- 43 Officers etc. of VLA not to reveal any information without consent of VLA
- 44 False statements
- 45 Court may order a person convicted of offence under section 44 to pay an amount to VLA
- 46 Legal costs
- 47 Costs to be paid to the Fund
- 47A Costs may be charged on the land
- 47B Charges over Transfer of Land Act land
- 47D Extinguishment of charge
- 47E Enforcement of the charge
- 47F Action not barred by Limitation of Actions Act 1958
- 48 Costs
- 48B Certificate of costs
- 48C Assignment of right to recover money to VLA
- 49 State may enter into agreements and arrangements
- 49AA VLA's power to enter legal aid arrangements
- 49A Supreme Court—limitation of jurisdiction
- 49B Supreme Court—limitation of jurisdiction
- 50 Regulations
- 51 Transitional provisions (1997 Amending Act)
- 52 Transitional provisions: Legal Aid (Amendment) Act 1998
- 53 Saving provision—Justice Legislation (Evidence and Other Acts) Amendment Act 2016
- 54 Transitional provision—Justice Legislation Amendment (Access to Justice) Act 2018 ENDNOTES