LEGAL AID COMMISSION ACT 1976
Table of Provisions
PART I -- Preliminary
- 1 Short title
- 2 Commencement
- 4 Terms used
- 5 Other laws not affected
PART II -- Establishment and functions of Legal Aid Commission of Western Australia
- 6 The Commission
- 7 Composition of Commission
- 8 Tenure of office
- 9 Meetings of Commission
- 9A Disclosure of interests of members
- 10 Validity of acts of Commission
- 11 Duties and remuneration of members
- 12 Functions of Commission
- 13 Appointed day
- 14 Commission to pay fees etc. to private practitioners providing legal assistance
- 15 Duties
- 16 Powers of Commission
- 16A Reciprocal arrangements for legal assistance
- 16B Delegation
- 17 Trust moneys
PART III -- The Director of Legal Aid and the staff of the Commission
- 18 Director of Legal Aid
- 19 Functions and powers of Director
- 20 Classification and appointment of staff
- 21 Terms and conditions of employment
- 22 Superannuation
- 23 Delegation
PART IV -- Legal aid committees
- 24 Establishment of legal aid committees
- 25 Constitution of legal aid committees
- 26 Meetings of legal aid committees
- 26A Disclosure of interests of members of legal aid committees
- 27 Functions and powers of legal aid committees
- 28 Delegation
- 29 Validity of acts of legal aid committees
PART V -- Provision of legal assistance
Division 1 -- Provision of legal assistance by Commission
- 30 Advertising of services
- 31 Name or names to be used by Commission in providing services
- 32 Commission may assist persons in matters affecting the State etc.
Division 2 -- Legal aid by duty counsel and legal advice
- 33 Provisions of legal advice and duty counsel services
- 34 Charges and payment to Fund
Division 3 -- Legal aid generally
- 35 Term used: legal aid
- 36 Application for legal aid
- 37 Provision of legal aid
- 38 Allocation of legal aid between private practitioners and staff
- 39 Nature and conditions of legal aid
- 40 Assisted persons to have private practitioners of their choice
- 41 Private practitioners not to accept certain payments
- 42 Disbursements in connection with legal aid
- 43 Costs for and against assisted persons
- 44 Recovery of costs by Commission from successful assisted person
- 44A Registration of charge to secure costs of legal aid
- 45 Court may order Commission to pay costs awarded against assisted person
- 45A Guidelines to be observed
Division 4 -- Notification and review of decisions relating to legal aid
- 46 Terms used
- 47 Notification of decisions
- 48 Reconsideration of decision
- 49 Review of decisions
- 49A Reopening of decision of review committee
- 50 Review committees
Division 5 -- Relationships between Commission, practitioner and assisted person
- 50A Rights and privileges generally
- 50B Private practitioners to report to Commission
- 51 Solicitor-client relationship to exist and be preserved
Division 6 -- Legal assistance in respect of Commonwealth matters
- 51A Regard to be had to recommendations of relevant Commonwealth agency
PART VI -- Finances of Commission
Division 1 -- The Legal Aid Fund of Western Australia
- 52 Legal Aid Fund
- 53 Investment of Fund
- 54 Payment out of Fund
- 55 Payments may be made by allowance or set-off
Division 2 -- Estimates, accounts and audit
PART VII -- Legal practice by Director and staff
- 61 Rights and obligations of Director and staff in respect of legal practice
- 62 Solicitor on the record
PART VIIA -- Consultative committees
- 62A Establishment of consultative committees
- 62B Constitution of consultative committees
- 62C Meetings of consultative committees
- 62D Allowances
PART VIII -- Miscellaneous
- 63 Liability and immunity
- 63A Director may require practitioner to supply information
- 64 Secrecy
- 65 Offence of misrepresentation
- 66 Proceedings under this Act
- 67 Rules
PART IX -- Agreements with the Commonwealth
- 68 State may enter into agreements and arrangements
PART IXA -- Recovery abroad of maintenance
- 68A Terms used
- 68B Legal assistance for recovery abroad of maintenance
- 68C The Director as an authorised person
PART X -- Transitional provisions
Division 1 -- General
- 69 Term used: Australian Legal Aid Office
- 70 Certain rights and liabilities of Law Society to vest in Commission
- 71 Incorporation of moneys from Legal Assistance Fund
- 72 State may make arrangements as to premises etc.
- 73 Application for legal aid granted before appointed day
- 74 Provisions in respect of legal aid being provided by private practitioner
- 75 Provisions in respect of legal aid being provided by Commonwealth employees
Division 2 -- Transfer of staff to Commission
- 76 Law Society staff
- 77 Commonwealth employees
- 78 Salary of former Commonwealth and Law Society employees
Uncommenced provisions table
Other notes
Defined terms