Victorian Consolidated Legislation

Legal Aid Act 1978 - SECT 32

Private legal practitioner to demand, take or accept payment allowed by the Act

32. Private legal practitioner to demand, take or accept payment allowed by
the Act



(1) If a private legal practitioner performs or has performed legal services
on behalf of an assisted person, he or she must not demand, take or accept any
payment for performing those services other than the payment to which the
private law practice of which he or she is a principal or employee is entitled
under this Act.

Penalty: 50 penalty units or imprisonment for 6 months.

(2) Subject to any legal aid arrangement, VLA may determine scales of payments
to be made to private law practices for the performance of services on behalf
of assisted persons.







(2A) The payment to be made to a private law practice for the performance of
services on behalf of assisted persons is-

   (a)  the amount payable under any applicable scale determined pursuant to
        subsection (2); or





   (b)  in any matter for which an applicable scale has not been determined,
        an amount determined by VLA.

(2B) VLA must consult the Legal Services Board and any professional
associations that VLA considers it appropriate to consult, before making a
determination under subsection (2).











(2BA) Despite anything to the contrary in this Act and subject to any legal
aid arrangement, VLA may-







   (a)  determine a limit on the total amount of payments which may be made to
        a private law practice under this Act for a class of matter or
        different classes of matters; and

   (b)  vary (whether by increasing or reducing the amount of a limit) or
        revoke a determination under paragraph (a)-

and a private law practice is not entitled to any payment in respect of such a
matter in excess of a limit determined and in force under this subsection.

(2C) Despite subsection (2A), VLA may enter into an agreement with a private
law practice to undertake work on behalf of an assisted person for payments
which are different from those determined by VLA.



(3) On the application of the assisted person or VLA the bill of costs
relating to the performance of those services shall be reviewed in accordance
with Part 3.4 of the Legal Profession Act 2004.