Western Australian Consolidated Acts

LEGAL AID COMMISSION ACT 1976 - SECT 74

74 .         Provisions in respect of legal aid being provided by private practitioner

        (1)         Where, at or before the appointed day  ² , a private practitioner is performing or has agreed to perform services on behalf of a person by way of legal aid — 

            (a)         under Part V of the Legal Contribution Trust Act 1967 ⁸ ; or

            (b)         in the course of the operations in this State of the Australian Legal Aid Office,

                then as from the appointed day  ² , that practitioner shall, so far as is necessary, perform those services on behalf of that person by way of legal aid under this Act.

        (2)         Notwithstanding subsection (1), where pursuant to that subsection services originally performed or agreed to be performed by way of legal aid under Part V of the Legal Contribution Trust Act 1967 ⁸ are performed by way of legal aid under this Act, the private practitioner by whom those services are performed shall be entitled to receive from the Commission, in respect of those services, an amount not less than the sum of the amounts that he would have been entitled to receive under section 42(a) and (b) of the Legal Contribution Trust Act 1967   ⁸ if the services had been wholly performed under Part V of that Act.