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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

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