Victorian Consolidated Legislation

Legal Aid Act 1978 - SECT 51

Transitional provisions (1997 Amending Act)

51. Transitional provisions (1997 Amending Act)



(1) On the commencement of section 13 of the
Law and Justice Legislation Amendment Act 1997, the directors of
Victoria Legal Aid appointed under section 11(c) of this Act, as in force
immediately before that commencement, go out of office.

(2) Victoria Legal Aid is to be taken to be the same body despite the changes
made to the composition of its board of directors by section 13 of the
Law and Justice Legislation Amendment Act 1997 and, except as otherwise
provided by subsection (1), no act, proceeding, matter or thing is to be
affected because of those changes.

(3) On the commencement of section 14 of the
Law and Justice Legislation Amendment Act 1997, any legal aid review committee
established under this Act that is in existence immediately before that
commencement is abolished and its members go out of office.



(4) On the commencement of section 17(17) of the
Law and Justice Legislation Amendment Act 1997, any legal aid appeal committee
established under this Act that is in existence immediately before that
commencement is abolished and its members go out of office.

(5) A matter before a legal aid review committee or a legal aid appeal
committee that had not been determined by that committee as at the
commencement of section 14 or 17(17) (as the case requires) of the
Law and Justice Legislation Amendment Act 1997 must, until it is determined or
until 1 August 1997 (whichever is the earlier), continue to be dealt with by
that committee in accordance with this Act as if the
Law and Justice Legislation Amendment Act 1997 had not been enacted.

(6) For the purpose of subsection (5) and despite anything to the contrary in
this Act, a legal aid review committee or a legal aid appeal committee
continues to exist until all matters referred to in that subsection have been
determined by it or until 1 August 1997, whichever is the earlier.

(7) A matter referred to in subsection (5) that has not been determined by the
legal aid review committee or the legal aid appeal committee (as the case
requires) as at 1 August 1997 is to be dealt with by an independent reviewer
in accordance with this Act and for that purpose-

   (a)  anything done in relation to the matter by the committee before that
        date is deemed to have been done by the independent reviewer; and

   (b)  the independent reviewer may have regard to any record of the
        committee relating to the matter.

(8) An application, request or complaint made, or other matter arising, before
the commencement of section 14 or 17(17) of the
Law and Justice Legislation Amendment Act 1997 (including a request under
section 34(1) for reconsideration of a decision of a legal aid review
committee) that under this Act as in force before that commencement would have
been dealt with by a legal aid review committee or a legal aid appeal
committee but was not before such a committee as at that commencement is to be
dealt with by an independent reviewer in accordance with this Act.