Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to
subsection (1a) and section 49(2b) and to Part 10
Division 8 of the Legal Profession Act 2008 , where a private
practitioner performs services by way of legal assistance under
Division 3 of Part V the Commission shall —
(a) pay
to him for the performance of those services —
(i)
a fee determined in accordance with a scale of fees
prescribed in the rules; or
(ii)
if the services are not services to which a scale of fees
so prescribed relates — such percentage as may be prescribed
by the rules of the fees that would be payable to him in the ordinary course
of practice and are approved;
and
(b)
reimburse him in respect of disbursements and out-of-pocket expenses that are
properly incurred by him in performing those services and are approved.
(1a) A private
practitioner who performs services by way of legal assistance under
Division 3 of Part V may enter into an agreement with the Director to
receive —
(a)
payment for the performance of those services; or
(b)
reimbursement in respect of disbursements and out-of-pocket expenses that are
properly incurred by the practitioner in performing those services and are
approved; or
(c) both
payment of the kind mentioned in paragraph (a) and reimbursement of the
kind mentioned in paragraph (b),
on such basis and in
such circumstances as the Director determines, and if such an agreement is
entered into the practitioner is entitled to receive payment or reimbursement,
or both, from the Commission under the agreement and not under
subsection (1).
(1b) In
subsections (1) and (1a) approved means —
(a) in a
case where the decision to provide legal assistance was made by a legal aid
committee (or by a review committee on the review of a decision of a legal aid
committee) — approved by a legal aid committee;
(b) in
the case where the decision to provide legal assistance was made by an officer
of the Commission (or by a review committee on the review of a decision made
by an officer of the Commission) — approved by the Director or
by a member of the staff authorised by the Director in that behalf.
(2) Where a private
practitioner performs services by way of legal assistance under
Division 2 of Part V the Commission shall pay to him for and in respect
of the performance of those services such fees and expenses as the Commission
determines.
(3) Before making any
rule or determination for the purposes of subsection (1) or (2) the
Commission shall ascertain and take into account the views of the Law Society.
[Section 14 amended by No. 60 of 1977
s. 9; No. 113 of 1978 s. 4; No. 90 of 1986 s. 7;
No. 65 of 1987 s. 45; No. 73 of 1992 s. 4; No. 65 of
2003 s. 47(3); No. 21 of 2008 s. 674(6).]