Victorian Consolidated Legislation

Legal Aid Act 1978 - SECT 2

PART I PRELIMINARY

Definitions

2. Definitions



(1) In this Act, unless inconsistent with the context or subject-matter-

alternative dispute resolution program means a program for the resolution of
disputes out of court and includes conferencing;



applicant means a person who has made application for legal assistance under
this Act;

assisted person means a person to whom legal assistance is provided under this
Act, except Part VIA;

Australian lawyer has the same meaning as in the Legal Profession Act 2004;



Australian Legal Aid Office means the division of the Attorney-General's
Department of the Commonwealth that is designated the Australian Legal Aid
Office;

board means the board of directors of VLA established under section 11;



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chairperson means the chairperson of the board;



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Commonwealth Commission means the Attorney-General's Department of the
Commonwealth exercising its functions in respect of legal aid;

conference chairperson means a person to whom a matter has been referred for
conferencing;

conferencing means a structured negotiation process in which a conference
chairperson assists the parties to a dispute to settle the dispute;

Court includes a tribunal;

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duty lawyer services means legal services provided by an Australian lawyer
attending a court, being legal services consisting of appearing on behalf of a
person or giving legal advice to a person at that court, otherwise than by
prior arrangement with the person;

Fund means the Legal Aid Fund established under section 41; incorporated legal
practice has the same meaning as in the Legal Profession Act 2004;



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independent reviewer means member of the panel of independent reviewers
appointed under section 18 and includes the panel chairperson;

law practice has the same meaning as in the Legal Profession Act 2004;



legal advice means advice on matters of law given by an Australian lawyer and
includes assistance in preparing an application for legal assistance and in
furnishing information required for that purpose;

legal aid means-

   (a)  education, advice or information in or about the law;

   (b)  any legal services that may be provided by a law practice or an
        Australian lawyer; and

   (c)  any other matter within the scope of section 6, 7 or 8- and, without
        limiting or affecting the generality of the foregoing, includes
        alternative dispute resolution programs, duty lawyer services, legal
        advice and legal assistance;

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legal aid arrangement means an arrangement with respect to the provision of
legal aid under which-

   (a)  the Commonwealth-

   (i)  makes available amounts of money for the provision of legal aid; and

   (ii) specifies the legal aid VLA is to provide in consideration of those
        amounts of money, including any priorities to be observed by VLA in
        providing legal aid as between classes of persons or classes of
        matters; and

   (b)  VLA provides that legal aid in accordance with that arrangement;

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legal assistance means legal services provided under this Act other than by
way of duty lawyer services or legal advice; legal practitioner means an
Australian legal practitioner within the meaning of the
Legal Profession Act 2004;



managing director means the managing director of the board appointed under
section 12B;

order for costs means a judgment, order, decree, award or direction for
payment of the costs of one party to the proceedings by another or others,
whether given or made in that proceedings or not;

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panel chairperson means chairperson of the panel of independent reviewers
appointed under section 18;

panel member, in relation to the panel of independent reviewers, includes the
panel chairperson;



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prescribed means prescribed by regulations made under this Act;

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principal, of a law practice, has the same meaning as in the
Legal Profession Act 2004;

private law practice means a law practice other than VLA;



private legal practitioner means a legal practitioner who is not employed by
VLA;



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professional association has the same meaning as in the
Legal Profession Act 2004;



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the State means the State of Victoria;

VLA means Victoria Legal Aid established under section 3.

(2) It is the intention of Parliament that in this Act person includes a body
corporate.

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