Western Australian Consolidated Acts (1) A legal aid
committee shall consist of such number of members as the Commission
determines.
(2) The members of a
legal aid committee shall be private practitioners appointed by the Commission
on the nomination of the Law Society.
(3) A member of a
Committee —
(a)
shall hold office for such period, not exceeding one year as is specified in
the instrument of his appointment, but is eligible for reappointment;
(b) may
be removed from office by the Commission for disability, neglect of duty or
misconduct;
(c) may
resign his office by writing signed by him and delivered to the Chairman of
the Commission, but the resignation does not have effect until it is accepted
by the Chairman.
(4) The Commission
shall appoint one of the members of a legal aid committee to be the chairman
of that committee.
(5) The Director shall
be ex officio a member of each legal aid committee.
(6) The Director may,
having first obtained the approval of the Commission, give notice in writing
to the chairman of a legal aid committee nominating an Australian lawyer who
is a member of the staff to attend meetings of that committee in the place of
the Director and may, by like notice, revoke such a nomination.
(7) A person nominated
pursuant to subsection (6) in respect of a legal aid committee is
entitled to attend all meetings of that committee other than those meetings
that are attended by the Director and, when so attending, is deemed to be a
member of the committee and has all the powers, functions and duties of a
member of the committee.
(8) Where the Director
is unable to attend a meeting of a legal aid committee and —
(a)
there is not, for the time being, a person nominated pursuant to
subsection (6) in respect of that committee; or
(b) the
person for the time being nominated pursuant to subsection (6) in respect
of that committee is also unable to attend that meeting,
the Director may, by
notice in writing to the chairman of that committee, nominate an Australian
lawyer who is a member of the staff to attend that meeting and the person so
nominated may attend that meeting and, when so attending, is deemed to be a
member of the committee and has all the powers, functions and duties of a
member of the committee.
(9) When a meeting of
a legal aid committee has been convened and there is difficulty in obtaining a
quorum at that meeting, the Director may in writing appoint a member or
members of any other legal aid committee to attend that meeting for the
purpose of constituting a quorum thereat.
(10) A person
appointed pursuant to subsection (9) to attend a meeting of a legal aid
committee is entitled to attend that meeting and is, when so attending, deemed
to be a member of the legal aid committee and has all the powers, functions
and duties of a member of the legal aid committee.
[Section 25 amended by No. 60 of 1977
s. 14; No. 106 of 1979 s. 2; No. 126 of 1982 s. 7;
No. 21 of 2008 s. 674(14) and (15).]