Victorian Consolidated Legislation

Legal Aid Act 1978 - SECT 41

PART VII FINANCIAL

Legal Aid Fund

41. Legal Aid Fund



(1) There shall be established a Fund to be controlled and administered by VLA
and known as the Legal Aid Fund.

(2) Into the Legal Aid Fund shall be paid-

   (a)  all moneys made available by the State and the Commonwealth or by one
        or other of them for the purposes of legal aid;

   (b)  all amounts payable to the fund under section 6.7.9 of the
        Legal Profession Act 2004;







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   (c)  any moneys paid to VLA pursuant to the provisions of the Appeals Costs
        Fund Act 1964;

   (d)  all moneys, other than money required to be paid into a trust account
        by section 3.3.13 of the Legal Profession Act 2004, paid to VLA by
        assisted persons;





   (e)  income derived from the investment of moneys forming part of the Fund;

   (f)  costs payable to VLA under section 46;





   (g)  any amount standing at the commencement of this Part to the credit of
        the Legal Aid Fund established under section 10 of the Legal Aid Act
        1969; and

   (h)  any other moneys paid to VLA for the purposes of the provision of
        legal assistance or otherwise for the purposes of the Fund.

(3) Out of the Fund shall be paid-

   (a)  amounts payable in or in connexion with the provision of legal aid;

   (b)  the remuneration and allowances of the directors of the board, the
        acting chairperson and acting managing director, the members of the
        community consultative committee and independent reviewers;



   (c)  the administrative costs and expenses incurred by VLA in the provision
        of legal assistance including-

   (i)  the costs and expenses of providing premises and equipment; and

   (ii) salaries and wages and other payments to or in respect of the members
        of the staff of VLA; and

   (d)  such other amounts as are necessary in order that VLA may properly
        exercise and perform its powers functions and duties under this Act.





(4) Subject to the approval of the Treasurer VLA may from time to time invest
such portion of the Fund as is not immediately required for the purposes of
this Act in such a manner as it thinks fit.

(5) The Treasurer may advance from the Public Account any moneys required
during the course of a financial year to meet payments out of the Fund pending
the payment into the Fund of the moneys referred to in subsection (2)(b).

(6) All moneys advanced to the Fund under subsection (5) must be repaid to the
Public Account in the same financial year in which the moneys were advanced.



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