Victorian Consolidated Legislation

Legal Aid Act 1978 - SECT 27

Conditions

27. Conditions



(1) The granting under this Act of an application by a person for legal
assistance, other than legal assistance to which section 26(1) applies, may be
on the basis that the assistance will be provided without charge or may be
subject to all or any of the following conditions-

   (a)  a condition that the person pays to VLA or as directed by VLA a
        contribution of a specified amount or an amount to be specified
        towards the cost to VLA of providing the assistance and that the
        person is or may be required to pay interest on the specified amount
        or amount to be specified, upon any terms and conditions determined by
        VLA; and

   (b)  a condition that the person makes a payment or payments to VLA or as
        directed by VLA in respect of any out-of-pocket expenses incurred, or
        to be incurred, by VLA in providing the assistance and that the person
        is or may be required to pay interest on the payment or payments
        incurred or to be incurred, upon any terms and conditions determined
        by VLA; and

   (c)  a condition that the cost or part of the cost, and any interest
        payable on the whole or the part of the cost to VLA of providing
        assistance be secured-



   (i)  by a charge under section 47A(1) over any land or a charge over any
        other property which is recovered or preserved for that person in the
        proceedings; or

   (ii) in any other manner VLA thinks fit over any property, whether land or
        any other property, in which the person has an interest or in which
        the person acquires an interest during the period of assistance.

(1A) VLA must advise the applicant in writing before imposing any condition
under subsection (1)(c) on the provision of legal assistance.





(1B) VLA may not impose a condition under subsection (1) requiring a person to
pay a rate of interest which exceeds 70% of the rate fixed under section 2 of
the Penalty Interest Rates Act 1983.



(1C) If VLA has imposed a condition under subsection (1) requiring a person to
pay interest on any amount payable to VLA, interest must not accrue until 30
days after VLA has communicated to the assisted person under section 33-

   (a)  its decision to impose a condition requiring the payment of the
        amount; and

   (b)  its decision to impose the condition requiring the payment of
        interest.





(1D) If communication of one decision to impose a condition is given at a
different time from the other, interest must not accrue until 30 days after
the later communication.

(2) An amount required to be paid by an assisted person under this section
shall be paid or secured in such manner and within such time as VLA directs.



(3) If a person who is or has been an assisted person has not paid an amount
payable by him to VLA under this section, the amount is recoverable by VLA by
action in a court of competent jurisdiction as a debt due and payable to VLA.

(4) All money paid by persons in accordance with a condition imposed under
subsection (1) on account of costs or out-of-pocket expenses in advance of
legal assistance to be provided by VLA-

   (a)  is not required to be treated as trust money within the meaning of the
        Legal Profession Act 2004, despite anything to the contrary in that
        Act; and

   (b)  must be paid into the Fund.