LEGAL AID ACT 1978

LEGAL AID ACT 1978

TABLE OF PROVISIONS

           Long Title

   1.      Short title and commencement  
   2.      Definitions  

   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

   41.     Legal Aid Fund  

   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