Victorian Consolidated Legislation

LEGAL AID ACT 1978

No. 9245 of 1978
Version incorporating amendments as at 18 October 2007

TABLE OF PROVISIONS

           Section Page
   1.      Short title and commencement

   PART I-PRELIMINARY

   2.      Definitions

   PART II-VICTORIA LEGAL AID

   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
   12A.    Role of managing director
   12B.    Appointment of directors
   12C.    Terms and conditions of appointment
   12D.    Vacancies, resignations, removal from office
   12E.    Acting chairperson
   12F.    Acting managing director
   12G.    Validity of decisions
   12H.    Proceedings of board
   12I.    Resolutions without meetings
   12J.    Disclosure of interests
   12K.    Community consultative committee
   12L.    Terms and conditions of appointment to committee
   12M.    Attorney-General may give directions to the board
   12N.    Report

   PART III-OFFICERS OF COMMISSION

           13, 14. Repealed
   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
           19A-22. Repealed

   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
   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
           38-40. Repealed

   PART VIA-LAW AID SCHEME

   40A.    Definitions
   40B.    Immunity
   40C.    Fee agreement
   40D.    Contingent payments
   40E.    Repealed
   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

   41.     Legal Aid Fund
   42.     Repealed

   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
   47C.    Repealed
   47D.    Extinguishment of charge
   47E.    Enforcement of the charge
   47F.    Action not barred by Limitation of Actions Act 1958.
   48.     Costs
   48A.    Repealed
   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.

   PART IX-Repealed

           53-64. Repealed
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           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details