Legal Aid Act 1978 - SECT 52 Transitional provisions: Legal Aid (Amendment) Act 1998

Victorian Consolidated Legislation

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Legal Aid Act 1978 - SECT 52

Transitional provisions: Legal Aid (Amendment) Act 1998

52. Transitional provisions: Legal Aid (Amendment) Act 1998



(1) Section 30 of this Act as in force immediately before the commencement of
Part 4 of the Legal Aid (Amendment) Act 1998 continues to apply to-

   (a)  the taking of any action or the making of any decision by VLA under
        that section; and

   (b)  the hearing and determination of any matters by an independent
        reviewer under that section; and

   (c)  any application to the Supreme Court under section 30(18)-

which had begun before that commencement.

(2) Despite the substitution of section 30(18) of this Act by section 8 of the
Legal Aid (Amendment) Act 1998, an application may be made to the Supreme
Court under that subsection as in force immediately before the commencement of
section 8 of that Act for an order setting aside an exclusion or removal that
occurred-

   (a)  before the commencement of Part 4 of that Act; or

   (b)  after the commencement of Part 4 of that Act but to which section 30
        as in force immediately before that commencement continues to apply by
        virtue of subsection (1)-

and that application may be dealt with and determined as if section 30(18) of
this Act had not been so substituted. _________________

* * * * *





---------------

ENDNOTES

1. General Information The Legal Aid Commission Act 1978 was assented to on 19
December 1978 and came into operation as follows: Section 4 on 4 April 1979:
Government Gazette 4 April 1979 page 901; sections 1-3, 5-8, 12, 13, 15, 18,
19, 21, 22, 49-64 on 13 February 1980: Government Gazette 13 February 1980
page 498; rest of Act on 1 September 1981: Government Gazette 15 July 1981
page 2307. Appointed day under section 51 is 1 September 1981. The name of
this Act was changed from the Legal Aid Commission Act 1978 to the
Legal Aid Act 1978 by the Legal Aid Commission (Amendment) Act 1995, No.
48/1995 section 4. 2. Table of Amendments This Version incorporates amendments
made to the Legal Aid Act 1978 by Acts and subordinate instruments.
------------------------------------------------------------- Legal Profession
Practice (Amendment) Act 1981, No. 9697/1981 Assent Date: 5.1.82 Commencement
Date: 31.3.82: s. 1(3) Current State: All of Act in operation Penalties and
Sentences (Amendment) Act 1983, No. 9945/1983 Assent Date: 20.9.83
Commencement Date: S. 3(1)(Sch. 1 item 34) on 20.12.83: Government Gazette
14.12.83 p. 4035 Current State: This information relates only to the
provision/s amending the Legal Aid Act 1978 Legal Aid Commission (Amendment)
Act 1986, No. 10/1986 Assent Date: 8.4.86 Commencement Date: 1.5.86:
Government Gazette 30.4.86 p. 1116 Current State: All of Act in operation
Community Services Act 1987, No. 16/1987 Assent Date: 12.5.87 Commencement
Date: S. 4(3)(Sch. 1 item 13) on 22.2.89: Government Gazette 22.2.89 p. 386
Current State: This information relates only to the provision/s amending the
Legal Aid Act 1978 State Superannuation Act 1988, No. 50/1988 Assent Date:
24.5.88 Commencement Date: S. 93(2)(Sch. 2 Pt 2 item 30) on 1.7.88: Government
Gazette 1.6.88 p. 1487 Current State: This information relates only to the
provision/s amending the Legal Aid Act 1978 Magistrates' Court (Consequential
Amendments) Act 1989, No. 57/1989 Assent Date: 14.6.89 Commencement Date: S.
4(1)(a)-(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on
1.9.90: Government Gazette 25.7.90 p. 2217 Current State: All of Act in
operation







Legal Aid Commission (Amendment) Act 1989, No. 61/1989 (as amended by Nos
48/1995, 35/1996, 44/1997) Endnotes Assent Date: 12.9.89 Commencement Date: Ss
1-4, 6, 7, 9(1)(a)(f)-(n), 10, 11, 13-15 on 20.9.89: Government Gazette
20.9.89 p. 2403; s. 12 on 14.7.97: Special Gazette (No. 77) 10.7.97 p. 1; s. 8
on 28.7.97: Government Gazette 24.7.97 p. 1824; s. 9(1)(d)(i) never
proclaimed, repealed by No. 35/1996 s. 453(Sch. 1 item 48(b)(i)) Current
State: This information relates only to the provision/s amending the
Legal Aid Act 1978 Legal Aid Commission (Amendment) Act 1992, No. 38/1992
Assent Date: 16.6.92 Commencement Date: 12.8.92: Government Gazette 12.8.92 p.
2178 Current State: All of Act in operation Legal Aid Commission (Amendment)
Act 1994, No. 14/1994 Assent Date: 3.5.94 Commencement Date: 3.5.94 Current
State: All of Act in operation Financial Management (Consequential Amendments)
Act 1994, No. 31/1994 Assent Date: 31.5.94 Commencement Date: S. 4(Sch. 2 item
47) on 1.1.95: Government Gazette 28.7.94 p. 2055 Current State: This
information relates only to the provision/s amending the Legal Aid Act 1978
Legal Aid Commission (Amendment) Act 1995, No. 48/1995 Assent Date: 14.6.95
Commencement Date: Pt 1 (ss 1-3) on 14.6.95: s. 2(1); rest of Act on 14.12.95:
s. 2(3) Current State: All of Act in operation Miscellaneous Acts (Omnibus
Amendments) Act 1996, No. 22/1996 Assent Date: 2.7.96 Commencement Date: Pt 5
(ss 13-15) on 2.7.96: s. 2(1) Current State: This information relates only to
the provision/s amending the Legal Aid Act 1978 Legal Practice Act 1996, No.
35/1996 Assent Date: 6.11.96 Commencement Date: S. 453(Sch. 1 items
47.1-47.15) on 1.1.97: s. 2(3) Current State: This information relates only to
the provision/s amending the Legal Aid Act 1978
Law and Justice Legislation Amendment Act 1997, No. 44/1997 Assent Date:
11.6.97 Commencement Date: Ss 12, 18, 24 on 11.6.97: s. 2(1); ss 14-17, 19-23
on 14.7.97: Special Gazette (No. 77) 10.7.97 p. 1; s. 13 on 1.7.98: s. 2(3)
Current State: This information relates only to the provision/s amending the
Legal Aid Act 1978

Legal Practice (Amendment) Act 1997, No. 102/1997 Endnotes Assent Date:
16.12.97 Commencement Date: S. 49(Sch. item 3) on 16.12.97: s. 2(1) Current
State: This information relates only to the provision/s amending the
Legal Aid Act 1978 Public Sector Reform (Miscellaneous Amendments) Act 1998,
No. 46/1998 Assent Date: 26.5.98 Commencement Date: S. 7(Sch. 1) on 1.7.98: s.
2(2) Current State: This information relates only to the provision/s amending
the Legal Aid Act 1978 Transfer of Land (Single Register) Act 1998, No.
85/1998 Assent Date: 17.11.98 Commencement Date: S. 24(Sch. item 38) on
1.1.99: s. 2(3) Current State: This information relates only to the
provision/s amending the Legal Aid Act 1978 Legal Aid (Amendment) Act 1998,
No. 93/1998 Assent Date: 24.11.98 Commencement Date: All of Act (except Pts 3,
4) on 24.11.98: s. 2(1); Pt 3 (ss 5, 6) Pt 4 (ss 7-12) on 1.1.99: s. 2(3)
Current State: All of Act in operation Legal Aid (Amendment) Act 2001, No.
76/2001 Assent Date: 27.11.01 Commencement Date: 28.11.01: s. 2 Current State:
All of Act in operation Public Administration Act 2004, No. 108/2004 Assent
Date: 21.12.04 Commencement Date: S. 117(1)(Sch. 3 item 111) on 5.4.05:
Government Gazette 31.3.05 p. 602 Current State: This information relates only
to the provision/s amending the Legal Aid Act 1978 Justice Legislation
(Amendment) Act 2005, No. 17/2005 Assent Date: 24.5.05 Commencement Date: Ss
3-5 on 25.5.05: s. 2(1) Current State: This information relates only to the
provision/s amending the Legal Aid Act 1978 Legal Profession (Consequential
Amendments) Act 2005, No. 18/2005 Assent Date: 24.5.05 Commencement Date: S.
18(Sch. 1 item 57) on 12.12.05: Government Gazette 1.12.05 p. 2781 Current
State: This information relates only to the provision/s amending the
Legal Aid Act 1978





Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006,
No. 80/2006 Assent Date: 10.10.06 Commencement Date: S. 26(Sch. item 58) on
11.10.06: s. 2(1) Current State: This information relates only to the
provision/s amending the Legal Aid Act 1978 Justice Legislation Amendment Act
2007, No. 53/2007 Assent Date: 17.10.07 Commencement Date: S. 22 on 18.10.07:
s. 2(1) Current State: This information relates only to the provision/s
amending the Legal Aid Act 1978
------------------------------------------------------------- 3. Explanatory
Details

1 Pt 2: Section 9 of the Legal Aid Commission (Amendment) Act 1995, No.
48/1995 reads as follows:
9. Transitional provision-abolition of LACV

(1) In this section- appointed day means the day on which section 6 comes into
operation; VLA has the same meaning as in the Principal Act; former body means
the Legal Aid Commission of Victoria established under section 3 of the
Principal Act as in force immediately before the appointed day.

(2) On the appointed day-

   (a)  the former body shall be abolished and the members of the former body
        shall go out of office; and

   (b)  the Director of Legal Aid shall go out of office; and

   (c)  all rights, property and assets that, immediately before that day,
        were vested in the former body are, by force of this subsection,
        vested in VLA; and

   (d)  all debts, liabilities and obligations of the former body existing
        immediately before that day shall become, by force of this subsection,
        debts, liabilities and obligations of VLA; and

   (e)  VLA shall, by force of this subsection, be substituted as a party to
        any proceedings pending in any court to which the former body was a
        party immediately before that day; and

   (f)  VLA shall, by force of this subsection, be substituted as a party to
        any arrangement or contract entered into by or on behalf of the former
        body as a party and in force immediately before that day; and

   (g)  all officers or employees of the former body immediately before that
        day shall become, by force of this subsection, officers or employees
        (as the case requires) of VLA; and

   (h)  any reference to the former body in any Act or in any proclamation,
        Order in Council, rule, regulation, order, agreement, instrument, deed
        or other document whatsoever shall, so far as it relates to any period
        after that day and if not inconsistent with the context or
        subject-matter, be construed as a reference to VLA.

(3) A person transferred to VLA under subsection (2)(g) is to be regarded as-

   (a)  having been employed by VLA with effect from the appointed day; and

   (b)  having been so employed on the same terms and conditions as those that
        applied to the person, immediately before the appointed day, as an
        officer or employee of the former body; and

   (c)  having accrued an entitlement to benefits, in connection with that
        employment by VLA, that is equivalent to the entitlement that the
        person had accrued, as an officer or employee of the former body,
        immediately before the appointed day.

(4) The service of a person referred to in subsection (3) as an officer or
employee of VLA is to be regarded for all purposes as having been continuous
with the service of the person, immediately before the appointed day, as an
officer or employee of the former body.

(5) A person referred to in subsection (3) is not entitled to receive any
payment or other benefit by reason only of having ceased to be an officer or
employee of the former body because of this Act.

(6) Nothing in this section prevents-

   (a)  any of the terms and conditions of employment of a person referred to
        in subsection (2) from being altered by or under any law, award or
        agreement with effect from any time after the appointed day;

   (b)  a person referred to in subsection (2) from resigning or being
        dismissed at any time after the appointed day in accordance with the
        then existing terms and conditions of his or her employment by VLA.

(7) Section 43 of the Principal Act continues to apply to-

   (a)  any document or information received by the former body or an officer
        of the former body or by a legal aid review committee or legal aid
        appeal committee or by a delegate of the former body or a person
        employed by the delegate before the appointed day; and

   (b)  any information or document supplied by the former body before the
        appointed day.



2 S. 30: Section 27 of the Legal Aid Commission (Amendment) Act 1986, No.
10/1986 reads as follows:
27. Referral panels The referral panels prepared by the Commission under
section 30 of the Principal Act before the commencement of this Act are deemed
to have been prepared under section 30 as substituted by this Act.

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Part II-Victoria Legal Aid



Legal Aid Act 1978 No. 9245 of 1978
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