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LEGAL AID ACT 1978 - SECT 7 Duties of VLA

LEGAL AID ACT 1978 - SECT 7

Duties of VLA

    (1)     In performing its functions, VLA must—

S. 7(1)(a) amended by No. 15/2018 s. 14(1).

        (a)     ensure that legal aid is provided in the most effective, efficient and economic manner and in a manner which dispels fear and distrust, including by—

S. 7(1)(a)(i) inserted by No. 15/2018 s. 14(1).

              (i)     arranging, as appropriate, for legal aid to be provided by VLA, community legal services and private legal practitioners by arrangement with VLA; and

S. 7(1)(a)(ii) inserted by No. 15/2018 s. 14(1).

              (ii)     arranging for the provision of legal aid that is appropriate and proportionate to the capabilities of the person to whom it is provided and also to the complexity of the matter for which it is provided;

        (b)     establish any local offices that it considers appropriate and generally use its best endeavours to make legal aid available throughout the State;

S. 7(1)(c) amended by No. 93/1998

s. 16(1)(c)

(i)–(iii).

        (c)     subject to and in accordance with any legal aid arrangement and the agreements and arrangements made between the Commonwealth and the State under section 49 from time to time—

              (i)     determine or vary priorities in the provision of legal aid as between classes of persons and classes of matters or both;

              (ii)     have regard to the recommendations of the Commonwealth Commission concerning the provision of legal aid by VLA—

    (A)     in or in connection with a claim, right or proceeding involving a matter arising under a law of the Commonwealth; or

    (B)     in a proceeding in a federal court or in a State court exercising federal jurisdiction; or

    (C)     in respect of persons who are agreed by the Attorney-General and the Attorney-General of the Commonwealth to be persons in respect of whom the Commonwealth has a special responsibility;

              (iii)     liaise and co-operate with the Commonwealth Commission in the performance by that Commission of its functions and, in particular, provide to the Commonwealth Commission such statistics and other information as that Commission may reasonably require;

S. 7(1)((d) amended by No. 93/1998

s. 16(1)(d).

        (d)     subject to any legal aid arrangement, determine the matters or classes of matters in respect of which legal services may be performed on behalf of assisted persons by way of legal aid;

S. 7(1)((e) amended by No. 18/2005 s. 18(Sch. 1 item 57.2(a)).

        (e)     co-operate and, if VLA considers it desirable to do so, make reciprocal arrangements with other legal aid commissions, professional associations and other bodies engaged or interested in the provision of legal aid in the State or elsewhere;

S. 7(1)((f) substituted by No. 18/2005 s. 18(Sch. 1 item 57.2(b)).

        (f)     liaise with professional associations in order to facilitate the use, in appropriate circumstances, of services provided by private legal practitioners;

S. 7(1)((g) amended by No. 18/2005 s. 18(Sch. 1 item 57.2(c)).

        (g)     make maximum use of services which private legal practitioners offer to provide on a voluntary basis;

        (h)     endeavour to secure the services of interpreters, marriage counsellors, welfare officers and other appropriate persons to assist in connection with matters in respect of which legal aid is provided;

              (i)     inform the public of the services provided by VLA and the conditions on which those services are provided;

        (j)     encourage and permit law students to participate, so far as VLA considers it practicable and proper to do so, on a voluntary basis and under professional supervision in the provision of legal aid;

        (k)     have regard to the amount of money for the time being standing to the credit of the Fund and the amount of money likely to be received by VLA for the purposes of the Fund.

S. 7(1A) inserted by No. 15/2018 s. 14(2).

    (1A)     In performing its function under section 6(1)(ab), VLA must consult with—

        (a)     the Law Institute; and

        (b)     the Victorian Bar; and

        (c)     the Victoria Law Foundation; and

        (d)     the Federation of Community Legal Centres; and

        (e)     community legal services; and

        (f)     private legal practitioners who provide legal aid by arrangement with VLA.

S. 7(1B) inserted by No. 15/2018 s. 14(2).

    (1B)     In performing its function under section 6(1)(ac), VLA must determine, in consultation with persons and bodies who produce and provide legal assistance information in Victoria, how that information is best produced and provided.

S. 7(2) inserted by No. 55/2009

s. 54.

    (2)     VLA must account separately for all money paid under an arrangement entered into under section 6(3) and that money is not payable to the Legal Aid Fund.

S. 8

substituted by No. 48/1995 s. 6.