Queensland LEGAL REPRESENTATION OFFICE BILL 1998 LEGAL REPRESENTATION OFFICE BILL 1998 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY Short title 20.6... Main object ....... 0... eee eens Dictionary... 0... eee eee Meaning of "legal assistance"... 2.0.0... eee eee eee ee an & WN Meaning of "legally assisted person" ...........00......0 00002 eee PART 2—LEGAL ASSISTANCE Division 1—Preliminary 6 Application of pt 2.0.0... eect tte eee Division 2—Giving legal assistance 7 Applying for legal assistance ........ 2.0.0 c cece eee eee 8 How to apply for legal assistance... 1.0... eee eee eee 9 What is taken into account in deciding whether legal assistance may be Ziven ..... 6.6 eee eee 10 Office may assist person having an interest adverse to the State etc. .... 11 Deciding applications .......... 0... cece eee eee 12 Conditions of approval ........... 0... eee ee 13 How office may enforce a condition of approval ..................4. 14 Office must give written notice if it refuses an application............. Division 3—General duties of lawyers and office agents 15 Office agent must give particular information to office................ Division 4—Office's recovery of its costs and expenses 16 How office agent must deal with contributions received for legal ASSISCANCE 1 eet eee ee Legal Representation Office 19 212326283032 Division 5—Office agents' fees How much is payable by office to an office agent etc. ................ PART 3—LEGAL REPRESENTATION OFFICE Division 1—Establishment and constitution Establishment ....... 0... cece eee ee Office is a body corporate etc... 2.0... eee ee Division 2—Functions and powers Main functions... 2.0.0.0... eee eee eee General powers... 0.002 Power to enter into legal assistance agreements ..................... Other powers... 0... eee ee Office's report to Minister. ....... 0.00002 eee eee eee Division 3—Provisions relating to the director Appointment of director... 0.0.0... cee eee eee Conditions of appointment .......... 0.0.00. Preservation of rights ......... 0... cee eee eee eee Leave of absence... 2... cee eee ee Resignation... 0... 0... eee eee Termination of appointment ............ 0000.00.00. cece eee ee Delegation of powers... 1.0.0.0... eee eee Acting director... 0... eee eee eee Division 4— Operations of the office Conflicts of interest... 0.2... 2. eee eee eee Minister may give office directions. ................0..00 000000000. PART 4—OTHER PROVISIONS ABOUT THE OFFICE Division 1—Control of the office Control of office... keene eee e eee eee Employees ......... 0... eee eee ee Division 3—Legal practice External employment ......... 0.00000... Legal Representation Office 4043 45 4850525456 Particular provisions of the Legal Practitioners Act 1995 and Queensland Law Society Act 1952 do not apply to office lawyers....... The office taken to be solicitors' firm etc...... 0.0.0.0. cece eee eee ee Professional conduct ......... 0... cee eee eee eee teen eee eee Application of legal professional privilege to the office and office lawyers 2... eee eee eee The office and its employees' right of practice..............0...0000. Application of Queensland Law Society Act 1952 to office lawyers who are solicitors .. 0... 0.0... Application of laws about conduct to office lawyers who are barristers . . . Solicitor on the record... 66... eee PART 5—NOTICE BY INVESTIGATIVE AGENCIES OF AVAILABILITY OF ASSISTANCE Notification of availability of assistance by office...............0.... PART 6—MISCELLANEOUS Protection from liability .......... 0.0.0.0. 2c eee eee Office not liable for particular acts or omissions of office agents........ SeCKeCY 2. eet e teens Office employee's duty to give information ...................00000. Offence of misrepresentation ............ 00.000... 00s eee Proceedings under Act .. 0.0.0.0... cece Evidence .. 0... 6... eee nent eee eees Approval of forms ...... 0.00... cece eee eee Regulation-making power. .........0.. 0... cece eee eee eee Transitional—Inquiry legal representation office .................002. SCHEDULE ......................... DICTIONARY A BILL FOR An Act to establish the Legal Representation Office and to provide for legal assistance to witnesses at particular investigations by investigative agencies, and for other purposes sl 6 s5 Legal Representation Office The Parliament of Queensland enacts— PART 1—PRELIMINARY Short title 1. This Act may be cited as the Legal Representation Office Act 1998. Main object 2.(1) The main object of this Act is to provide, in the most effective, efficient and economical way, for legal advice and other legal assistance for particular persons who appear before, or make submissions to, investigative agencies. (2) The object is to be achieved mainly by establishing the Legal Representation Office. Dictionary 3. The dictionary in the schedule defines particular words used in this Act. Meaning of "legal assistance" 4.(1) "Legal assistance" is the giving, under this Act, of a legal service, including legal advice, free or on payment of an amount that is less than the cost of giving the service. (2) The service may be given by an office lawyer or an office agent. Meaning of "legally assisted person" 5. A "legally assisted person" is a person who, in relation to an investigation matter, is or was receiving legal assistance. 1722 s6 7 s9 Legal Representation Office PART 2—LEGAL ASSISTANCE Division 1—Preliminary Application of pt 2 6. This part applies only to legal assistance consisting of the following legal services given, or to be given, by the office, an office lawyer or an office agent— (a) legal services for appearance before, or the making of a submission to, an investigation by an investigative agency; (b) another legal service the office decides. Division 2—Giving legal assistance Applying for legal assistance 7. A person may apply to the office for legal assistance. How to apply for legal assistance 8. An application for legal assistance must be made in the approved form. What is taken into account in deciding whether legal assistance may be given 9.(1) Legal assistance may be given to an applicant for legal assistance only if the applicant meets the criteria— (a) prescribed under a regulation; or (b) published by the office and notified in the gazette. Co ON DNF WwW 12 15 17 19 21 s 10 8 s12 Legal Representation Office (2) If there is an inconsistency between a regulation and a publication mentioned in subsection (1)(b), the regulation prevails to the extent of the inconsistency. (3) The other provisions of this division apply subject to this section. Office may assist person having an interest adverse to the State etc. 10. The office may give a person legal assistance for a matter even though the person's interest is, or may be, adverse to the interest of any of the following— (a) the State; (b) the Commonwealth; (c) an entity established for a public purpose under a law of the State or Commonwealth; (d) a corporation in which the State, Commonwealth or an entity mentioned in paragraph (c) has an interest. Deciding applications 11.(1) The office may— (a) approve an application for legal assistance unconditionally, or on conditions the office considers appropriate having regard to the objects of this Act; or (b) refuse the application. (2) Without limiting subsection (1), the office may decide to give the legal assistance— (a) by the office or through an office agent; and (b) free, or on condition that the office pays only part of the cost of giving the assistance. Conditions of approval 12. Without limiting section 11, a condition of an approval for legal assistance may provide for the following— BR WPF Oo DID Nn 14 16 1822 25 28 s 13 9 $15 Legal Representation Office (a) (b) (c) (d) terminating the assistance; circumstances in which the legally assisted person may be required to pay the office all or part of the cost of giving the assistance; contributions by the legally assisted person to an expense incurred or to be incurred by the office in giving the assistance; charging or giving the legally assisted person's property as security for payment to the office of an amount the legally assisted person is or may become liable to pay to the office. How office may enforce a condition of approval 13.(1) The office may enforce in a court of competent jurisdiction— (a) (b) a condition imposed under section 11 against a legally assisted person by action as if it were a condition of a contract entered into with the legally assisted person; or a charge or security given under a condition imposed under section 11 in a way that would be available to the office if the charge or security had been given as a condition of a contract entered into with the legally assisted person. (2) Without limiting subsection (1), if a contribution is payable by a legally assisted person to an office agent under a condition of approval for legal assistance, the agent, with the office's written approval, may start a proceeding in the agent's name to recover the contribution. Office must give written notice if it refuses an application 14. If the office refuses an application for legal assistance, the office must give the applicant written notice of the decision. Division 3—General duties of lawyers and office agents Office agent must give particular information to office 15.(1) This section applies if a person is receiving legal assistance for a oon nn BRwWN 11 131618 2022 25 28 $15 10 $15 Legal Representation Office matter and an office agent is performing, or has performed, services for the person in relation to the matter. (2) The office may, by written notice, ask the agent to give the office any relevant information or document about the matter that is within the agent's knowledge or to which the agent has access. (3) The office may use the information or document for an audit or another purpose the office considers necessary to perform its functions. (4) The agent must give the information or document to the office by the day stated in the notice. Maximum penalty—20 penalty units. (5) Subsection (4) has effect despite any legal professional privilege, lien or other claim the agent may have for withholding the information or document arising out of the relationship between the agent and the legally assisted person. (6) An office agent may give the office any relevant information or document the agent considers may help the office perform its functions despite any legal professional privilege arising out of the relationship between the agent and the legally assisted person. (7) For this section, the legally assisted person is taken to have waived any privilege or right, including legal professional privilege, that might otherwise prevent the agent giving the information or document. (8) However, the privilege, right or relationship is not otherwise affected by the agent giving any information or document to the office or performing, or having performed, services for the person under this Act. (9) An office agent does not incur civil liability for an act done or omission made, honestly and without negligence under this section. (10) In this section— "relevant information or document", about a matter, means information or a document— (a) relevant to giving legal assistance to a person for the matter, including a time record or other record of legal services given to the person; or (b) about the matter's progress and disposal. CO IAD ApRwW NY 131618 202326 29 31 s 16 11 s17 Legal Representation Office Division 4—Office's recovery of its costs and expenses How office agent must deal with contributions received for legal assistance 16. If legal assistance is given to a person by an office agent and the legally assisted person gives the agent an amount required as a contribution under the legal assistance approval, the agent must deal with the amount as directed by the office. Division 5—Office agents' fees How much is payable by office to an office agent etc. 17.(1) The office must decide the fees payable by the office to an office agent for legal assistance given by the agent under this Act. (2) The office must pay the fees to the agent. (3) Subsections (1) and (2) do not apply if the legal assistance is given on a voluntary basis. (4) The office may pay to an office agent a fee for legal assistance only if the assistance is given after the approval of the application for assistance under section 11.1 (5) A fee may be worked out on a time basis or another basis and— (a) apply generally to all office agents and matters or be limited in its application to— (i) a particular office agent or matter; or (11) particular classes of office agents or matters; or (b) otherwise apply generally or be limited in its application by reference to stated exceptions or factors. (6) If the office gives a person legal assistance under an agreement with an office agent, the agent may receive only the following amounts from the office for the legal service given— 1 Section 11 (Deciding applications) AANF Wp 11 14 1620 22 24 26 s 18 12 s19 Legal Representation Office (a) an amount decided by the office as the fee for the service; (b) another amount approved by the office, but only if any conditions imposed on the approval are complied with. (7) An amount payable by the office to an office agent under this section may be paid by the office allowing the agent to keep contributions given to the agent by legally assisted persons under this Act. PART 3—LEGAL REPRESENTATION OFFICE Division 1—Establishment and constitution Establishment 18. The Legal Representation Office is established. Office is a body corporate etc. 19.(1) The office— (a) is a body corporate with perpetual succession; and (b) has a seal; and (c) is constituted by the director of the office; and (d) may sue and be sued in its corporate name. (2) The office does not represent the State. (3) The office is— (a) astatutory body within the meaning of— (i) the Financial Administration and Audit Act 1977; and (11) the Statutory Bodies Financial Arrangements Act 1982; and (b) an exempt corporation under the Corporations Law. DANK Wp 121416182022 s 20 13 s21 Legal Representation Office (4) Judicial notice must be taken of the imprint of office's seal appearing on a document and the document must be presumed to have been properly sealed unless evidence to the contrary is given. Division 2—Functions and powers Main functions 20. The office's main functions are— (a) to ensure legal assistance for an investigation by an investigative agency is given to persons in the most effective, economic, commercial and efficient way; and (b) to manage its resources so as to make legal assistance for an investigation by an investigative agency available at a reasonable cost to the community. General powers 21.1) The office has all the powers of an individual, and may, for example— (a) enter into contracts; and (b) acquire, hold or dispose of real and personal property; and (c) accept an amount or other property on trust, and act as trustee of the amount or other property. (2) Despite anything in this Act, but subject to subsection (4), an amount or other property held by the office on trust must be dealt with by the office as trustee under the Trusts Act 1973. (3) A provision of the Trust Accounts Act 1973 about solicitors keeping accounts for amounts held by them on trust, or the audit of the accounts, does not apply to an amount held by the office on trust under this Act. eorAynry Dw 1115 17 19 2124 s 22 14 s 24 Legal Representation Office (4) The Legal Practitioners Act 1995, section 512 applies to an amount held by the office on trust for a person who is or has been legally assisted and, for this subsection, a reference in section 51 to a solicitor is taken to be a reference to the office. (5) The office may invest an amount held by it on trust under the Statutory Bodies Financial Arrangements Act 1982 and an amount resulting from the investment must be applied for this Act. (6) Subsection (5) does not apply to an amount the office is required to deposit with the Queensland Law Society Incorporated under the Legal Practitioners Act 1995, section 51. Power to enter into legal assistance agreements 22. To meet its obligations under this Act, the office may enter into an agreement with an entity to provide legal services as the office's agent by using a private lawyer whether or not the entity is the private lawyer. Other powers 23. The office may— (a) decide priorities and strategies for the carrying out of its functions; and (b) make guidelines about particular types of applications; and (c) make standards about giving legal services under this Act; and (d) deal with a matter under guidelines mentioned in paragraph (b). Office's report to Minister 24.(1) If asked by the Minister at any time, the office must give the Minister a report on any issue relevant to its functions. (2) However, the Minister can not ask the office to give a report about legal assistance for a particular person. 2 Legal Practitioners Act 1995, section 51 (Solicitors trust bank accounts etc.) SOM IADN BWNHHE e 1316 18 2024 26 s 25 15 s27 Legal Representation Office Division 3—Provisions relating to the director Appointment of director 25.(1) The director of the office is to be appointed by the Governor in Council. (2) A person is not eligible for appointment as the director unless the person is a lawyer of not less than 5 years standing. (3) Subject to sections 29 and 303, the director holds office for the term (not longer than 5 years) stated in the instrument of appointment. (4) The director is to be appointed under this Act and not under the Public Service Act 1996. Conditions of appointment 26.(1) The director is appointed on conditions decided by the Governor in Council. (2) The director holds office on the conditions not provided for by this Act that are decided by the Governor in Council. Preservation of rights 27.(1) This section applies if a public service officer is appointed as the director. (2) The person retains and is entitled to all rights that have accrued to the person because of employment as a public service officer, or that would accrue in the future to the person because of that employment, as if service as the director were a continuation of service as a public service officer. (3) At the end of the person's term of office or on resignation— (a) the person is entitled to be appointed to an office in the public service at a salary level not less than the current salary of an office equivalent to the office the person held before being appointed as the director; and 3 Sections 29 (Resignation) and 30 (Termination of appointment) SO OY AN BW Ww e 13 15 18 2022 26 s 28 16 s31 Legal Representation Office (b) the person's service as director is taken to be service of a like nature in the public service for deciding the person's rights as a public service officer. Leave of absence 28. The Minister may grant leave of absence to the director on the conditions the Minister considers appropriate. Resignation 29. The director may resign by signed notice given to the Minister. Termination of appointment 30. The Governor in Council may terminate the appointment of the director if the director— (a) becomes incapable of performing the duties of director because of physical or mental incapacity; or (b) is convicted of an indictable offence; or (c) is guilty of misconduct of a kind that could warrant dismissal from the public service if the director were a public service officer; or (d) is absent, without the Minister's leave and without reasonable excuse, for 14 consecutive days or 28 days in any year. Delegation of powers 31. The director may delegate the office's or director's powers under this or another Act (other than section 17 or 234 of this Act) to an appropriately qualified member of the staff of the office. 4 Section 17 (How much is payable by office to an office agent etc.) or 23 (Other powers) Ne 11 13 1619 22 s 32 17 s 34 Legal Representation Office Acting director 32. The Governor in Council may appoint a person to act as the director— (a) during a vacancy in the office of the director; or (b) during any period, or during all periods, when the director is absent from duty or from the State or, for another reason, can not perform the duties of the office. Division 4— Operations of the office Conflicts of interest 33.(1) This section applies if the director has a direct or indirect financial interest in a matter for which an application for legal assistance has been received by the office that conflicts or may conflict with the discharge of the director's duties in relation to the application. (2) The director must disclose the nature of the interest and conflict to the Minister as soon as practicable after the relevant facts come to the director's knowledge. (3) The director must not make any decision in relation to the application or to legal assistance that may be provided in relation to the application. (4) The director must refer the application and all subsequent issues on it to the most senior member of the staff of the office for decision. (5) The member is authorised to make any decision that the director could have made if the director did not have the interest and the member's decision is taken to be the director's decision. Minister may give office directions 34.(1) The Minister may give the office a written direction about the following— (a) the office performing its functions or exercising its powers; (b) the office's policies, priorities or guidelines, including priorities in legal assistance funding. NAYADWN fF WN 1113 1518 20 2226 29 $35 18 s 36 Legal Representation Office (2) A direction under subsection (1) can not be about giving legal assistance to a particular person. (3) The office must comply with a direction given under subsection (1). (4) The Minister must table in the Legislative Assembly a copy of any direction given under subsection (1) within 10 sitting days after the direction is given. PART 4—OTHER PROVISIONS ABOUT THE OFFICE Division 1—Control of the office Control of office 35.(1) The director is to control the staff, activities and property of the office. (2) Subsection (1) does not prevent the attachment of the office to the department for the purpose of ensuring that the office is supplied with the administrative support services it requires to carry out its functions effectively and efficiently. Division 2—Employees Employees 36.(1) The office may engage the employees it considers necessary to perform its functions. (2) The employees are to be employed under the Public Service Act 1996. Dank W NK 12 1416 20 22 $37 19 s 40 Legal Representation Office Division 3—Legal practice External employment 37. An office lawyer may practise as a lawyer, or engage in paid employment, other than for the office, only with the director's written approval. Particular provisions of the Legal Practitioners Act 1995 and Queensland Law Society Act 1952 do not apply to office lawyers 38. The Legal Practitioners Act 1995, part 2 and Queensland Law Society Act 1952, sections 10 to 11A and part 35 do not apply to an office lawyer performing the lawyer's duties under this Act. The office taken to be solicitors' firm etc. 39. In providing legal services— (a) the office is taken to be a firm of solicitors practising lawfully in the State and retained by a legally assisted person to act for the person; and (b) an office lawyer is taken to be employed by the firm. Professional conduct 40.(1) The office, and an office lawyer, in performing the duties of a lawyer under this Act— 5 Legal Practitioners Act 1995, part 2 (Provisions from Costs Act 1867) and Queensland Law Society Act 1952— section 10 (When council may assume control over practitioner's trust accounts) * section 11 (Powers of the council with respect to trust accounts of deceased practitioners etc.) * section 11A (Appointment of receiver of trust property) * part 3 (Legal practitioners' fidelity guarantee fund) ABR wW wp oom ND 12 1419 s41 20 s 42 Legal Representation Office (a) must observe the rules and standards of professional conduct and ethics a private lawyer is required to observe; and (b) is subject to the professional obligations to which a private lawyer is subject, by law or custom, in legal practice. (2) However, an office lawyer who is a barrister may appear before any court, tribunal or investigative agency uninstructed. Application of legal professional privilege to the office and office lawyers 41.1) This section applies to communications made in or for the performance of the office's following functions— (a) deciding applications for legal assistance; (b) acting as a lawyer for a legally assisted person; (c) a function incidental to a function mentioned in paragraph (a) or (b). (2) Confidential communications between a legally assisted person and the office or an office lawyer are subject to legal professional privilege. (3) Without limiting subsection (2), the communications may not be disclosed by the office or an office lawyer without the legally assisted person's consent. (4) Subject to this Act, this section has effect despite any other law. (5) In this section— "confidential communication" includes the giving of a legally assisted person's name, address and contact details. The office and its employees' right of practice 42.()) This section— (a) applies for the performance by the office of its functions; and (b) does not affect a right to practise as a barrister or solicitor, or perform a barrister's or solicitor's functions, or a right of DAN BPW NH oMU DAY 14 16 1821 23 26 28 s 43 21 s 44 Legal Representation Office audience in a court, that an office lawyer has apart from this 1 section. 2 (2) An office lawyer acting in that capacity— 3 (a) may practise as a solicitor and perform a solicitor's functions in 4 the State; and 5 (b) has a right of audience in a court of the State. 6 (3) However, an office lawyer may perform the functions of a lawyer 7 under this Act only if— 8 (a) the lawyer holds a current practising certificate under the Legal 9 Practitioners Act 1995; or 10 (b) the lawyer's name is on the roll of barristers of the Supreme 11 Court. 12 (4) An office lawyer practising as a solicitor or performing a solicitor's 13 functions has the rights and privileges of a private lawyer who is a solicitor. 14 (5) An office lawyer appearing for a legally assisted person has the same 15 protection and immunity as if the lawyer were a private lawyer who is a 16 barrister. 17 Application of Queensland Law Society Act 1952 to office lawyers 18 who are solicitors 19 43. The provisions of the Queensland Law Society Act 1952 regulating 20 the way in which complaints against solicitors for malpractice, professional 21 misconduct, or unprofessional conduct or practice may be investigated and 22 dealt with apply to an office lawyer who is a solicitor within the meaning of 23 that Act in the same way as it applies to other solicitors. 24 Application of laws about conduct to office lawyers who are barristers 25 44. Subject to section 39(b),6 the provisions of any law about the conduct 26 of barristers apply to an office lawyer who is a barrister in the same way as 27 they apply to other barristers. 28 6 Section 39 (The office taken to be solicitors' firm etc.) s 45 22 s 46 Legal Representation Office Solicitor on the record 45.(1) This section applies if a person who is receiving legal assistance from an office lawyer is a party to a proceeding for which a document is required or allowed to be signed by the party's solicitor. (2) The signature of an office lawyer authorised by the director to sign documents, including correspondence, for the office for the purposes of this section, is taken to be the signature of the party's solicitor. PART 5—NOTICE BY INVESTIGATIVE AGENCIES OF AVAILABILITY OF ASSISTANCE Notification of availability of assistance by office 46.(1) An investigative agency and its chairperson, officer or other person assisting the agency must, when exercising a power to require a person to participate in an interview or to attend in accordance with a summons or similar process, give the person a written notice stating— (a) the name and address of the legal representation office; and (b) an outline of the services the office gives; and (c) the office may be able to give legal assistance to the person. (2) The requirements of subsection (1)(a) to (c) are satisfied if the person is given a brochure prepared by the legal representation office for the purpose. (3) Failure by an investigative agency or its chairperson, officer or other person assisting the agency, to comply with subsection (1) is a reasonable and lawful excuse for the person not complying with a requirement to which subsection (1) applies. NNW BwWN 1214 16192224 s47 23 s 49 Legal Representation Office PART 6—MISCELLANEOUS Protection from liability 47.(1) An office employee does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act. (2) If subsection (1) prevents a civil liability attaching to an office employee, the liability attaches instead to the office. Office not liable for particular acts or omissions of office agents 48. The office is not liable for an act done, or omission made, by an office agent outside the scope of the agent's actual or apparent authority. Secrecy 49.(1) This section applies to a person who is or was an office employee under this Act. (2) A person to whom this section applies (the "first person") must not, directly or indirectly, other than for this Act or in accordance with a legally assisted person's instructions give a person, make a record of, or use, information acquired about the legally assisted person's affairs by the first person under this Act. Maximum penalty—S0 penalty units or 6 months imprisonment. (3) Also, the first person must not, directly or indirectly, other than for this Act, give a person a document acquired about someone else's affairs under this Act. Maximum penalty—S0 penalty units or 6 months imprisonment. (4) In a court proceeding under this Act, the first person is not required to give the court— (a) adocument about someone else's affairs of which the first person has custody, or to which the first person has access, under this Act; or (b) information about someone else's affairs obtained by the first person under this Act. An BW wp 12 14162024 2629 s 50 24 s 50 Legal Representation Office (5) Subsection (4) does not apply if the court considers it necessary in the interests of justice that the document or information be given. (6) Subsection (2) does not prevent a person from giving a document or information to any of the following— (a) Bar Association of Queensland; (b) Barristers' Board; (c) Solicitors' Board; (d) Queensland Law Society Incorporated; (e) the solicitors complaints tribunal; (f) under guidelines decided by the office—a person to whom the document or information is required to be given under a lawfully issued search warrant; (g) with the office's consent—another entity to whom the office considers it is in the public interest that the document or information be given. (7) The office may impose the conditions, if any, it considers appropriate on the giving of a document or information under subsection (6). (8) Without limiting subsection (7), the office may impose conditions restricting the use that may be made of the document or information given to protect the anonymity of a legally assisted person, or person who has applied for legal assistance, to whom the document or information relates. (9) A person to whom a document or information is given under subsection (6) must comply with any condition imposed under subsection (7). Maximum penalty for subsection (9)—50 penalty units or 6 months imprisonment. Office employee's duty to give information 50.(1) If the office considers it necessary to enable it to perform its functions under this Act, the office may ask an office employee to give the office any relevant information. o sa an nn RW Ne 111417 1921 2326 29 s51 25 s51 Legal Representation Office (2) The employee must comply with the request despite any privilege arising between the employee and a legally assisted person. Maximum penalty—20 penalty units. (3) In this section— "relevant information or document" means information or a document in the employee's possession or to which the employee has access that is relevant to— (a) providing legal assistance to a person under this Act; or (b) the matter for which a person is or was legally assisted. Offence of misrepresentation 51.(1) A person must not, without reasonable excuse, in applying for legal assistance— (a) make a false or misleading statement; or (b) give the office a document that is false or misleading in a material particular. Maximum penalty—20 penalty units or 3 months imprisonment. (2) An offence against subsection (1) may be alleged and proved in relation to a statement or document that is 'false or misleading', without specifying which. (3) An applicant for legal assistance, or a legally assisted person, must not, with intent to deceive or mislead the office, withhold relevant information the person is required to give the office under this Act. Maximum penalty—20 penalty units or 3 months imprisonment. (4) If a legally assisted person is found guilty of an offence against subsection (1) or (2) in relation to the person's application for legal assistance, the court may, in addition to imposing a penalty for the offence, order the person to pay to the office all or part of the cost of giving the assistance. Oo DW ANIDUN FP W NK 12 15 18212527 s 52 26 s 55 Legal Representation Office Proceedings under Act 52.(1) A proceeding for an offence against this Act is to be taken in a summary way under the Justices Act 1886. (2) The proceeding may be started within— (a) 1 year after the offence is committed; or (b) 1 year after the offence comes to the complainant's knowledge, but within 2 years after the offence is committed. (3) In a proceeding under this Act, it is not necessary to prove any of the following matters, unless evidence contrary to the matter is given— (a) the establishment of the office; (b) the authority of an office employee to start, or appear in, the proceeding; (c) the appointment of an office employee. Evidence 53. A certificate purporting to be given by the director and stating any of the following matters is evidence of the matter— (a) the office gave a stated person legal assistance for a stated matter; (b) the office incurred expense of a stated amount in giving the legal assistance; (c) a stated amount was, on the day stated in the certificate, payable by a stated legally assisted person to the office. Approval of forms 54. The director may approve forms for use under this Act. Regulation-making power 55. The Governor in Council may make regulations under this Act. Cm ADR NA B wn 13 16 19 21 23 25 s 56 27 s 56 Legal Representation Office Transitional—Inquiry legal representation office 56.(1) An arrangement, including a contractual arrangement, entered into by the inquiry legal representation office before the commencement of this section, is taken after the commencement, to be an arrangement entered into by the office. (2) A right, asset or liability of the inquiry legal representation office before the commencement, is taken after the commencement, to be a right, asset or liability of the office. (3) A reference in an Act or document to the inquiry legal representation office may, if the context permits, be taken to be a reference to the office. ow! onan nA BW hd eS an Legal Representation Office SCHEDULE DICTIONARY section 3 "appropriately qualified" includes having the qualifications, experience or standing appropriate to exercise the power. Example of 'standing — The level at which a person is employed within the office. "approved form" see section 54. "contribution" includes an amount and another form of contribution. "director" means the director of the legal representation office appointed under section 25. "investigation", by an investigative agency, includes interviews, hearings and other investigative processes. "investigative agency" means any of the following entities— (a) the criminal justice commission; (b) a commission under the Commissions of Inquiry Act 1950 declared to be an investigative agency under a regulation; (c) Parliamentary criminal justice commissioner; (d) another entity declared under a regulation to be an investigative agency. "legal assistance" see section 4. "legal representation office" means the Legal Representation Office established under section 18. "legal service" means a service given to protect or advance a legally assisted person's interests in an investigation by an investigative agency. "legally assisted person" see section 5. eo BEo 0 mONIAD HH ion' wn Se nan & Ree na Co NR Ne) N pan N aS) N NN Hun N NX Legal Representation Office SCHEDULE (continued) "office" means the legal representation office. "office agent" means an entity with whom the office has entered into an agreement under section 22. "office employee" includes the director. "office lawyer" means an office employee who is a lawyer. "private lawyer" means a lawyer, other than an office lawyer, who may practise lawfully in the State. © State of Queensland 1998 Ya Ww f wn