Victorian Consolidated Legislation

Legal Aid Act 1978 - SECT 43

PART VIII MISCELLANEOUS

Officers etc. of VLA not to reveal any information without consent of VLA

43. Officers etc. of VLA not to reveal any information without consent of VLA



(1) A director of the board or a member of the community consultative
committee or an independent reviewer or an officer of VLA shall not without
the consent of VLA-





   (a)  produce in a court any document received by VLA or any officer of VLA
        or by an independent reviewer in relation to an application for legal
        assistance or the provision of legal assistance; or

   (b)  communicate or permit to be communicated to any person other than the
        legal practitioner acting for the assisted person or give in evidence
        in a court any information received by VLA or any officer of VLA or by
        an independent reviewer in relation to an application for legal
        assistance or the provision of legal assistance.

Penalty: 25 penalty units or imprisonment for 6 months.

(2) A court shall not have power to compel any director of the board or a
member of the community consultative committee or an independent reviewer or
any officer of VLA to produce any such document or communicate or give in
evidence any such information unless VLA, the applicant for legal assistance
or the assisted person has consented to that production or communication.

(3) Subsections (1) and (2) also apply to a delegate of VLA and to any person
employed by a delegate as if a reference to a director of the board was a
reference to the delegate or person.



(4) If VLA calls for tenders to conduct a case, a private law practice that,
or private legal practitioner who, is supplied with any information about the
case by VLA, and any person who is a partner, director or employee of such a
private law practice, must not without the consent of VLA-

   (a)  communicate or permit to be communicated to any person, or give in
        evidence in a court, any of that information; or

   (b)  produce in a court any document received from VLA in relation to the
        case.

Penalty: 25 penalty units or imprisonment for 6 months.

(5) A court does not have the power to compel any private law practice or
partner, director or employee of a private law practice to communicate, or
give in evidence, any such information or to produce any such document unless
VLA, or the person on whose behalf the case is being (or was) conducted, has
consented to the communication or production.