Western Australian Consolidated Acts

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LEGAL AID COMMISSION ACT 1976 - SECT 25

25 .         Constitution of legal aid committees

        (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).]



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