Legal Aid Commission Act 1976 (WA)

Western Australia Legal Aid Commission Act 1976 Western Australia Legal Aid Commission Act 1976 Contents Part I — Preliminary 1. Short title 2 2. Commencement 2 4. Terms used 2 5. Other laws not affected 5 Part II — Establishment and functions of Legal Aid Commission of Western Australia 6. The Commission 6 7. Composition of Commission 6 8. Tenure of office 8 9. Meetings of Commission 9 9A. Disclosure of interests of members 10 10. Validity of acts of Commission 11 11. Duties and remuneration of members 11 12. Functions of Commission 11 13. Appointed day 12 14. Commission to pay fees etc. to private practitioners providing legal assistance 12 15. Duties 14 16. Powers of Commission 16 16A. Reciprocal arrangements for legal assistance 16 16B. Delegation 17 17. Trust moneys 17 Part III — The Director of Legal Aid and the staff of the Commission 18. Director of Legal Aid 19 19. Functions and powers of Director 20 20. Classification and appointment of staff 20 21. Terms and conditions of employment 21 22. Superannuation 21 23. Delegation 21 Part IV — Legal aid committees 24. Establishment of legal aid committees 23 25. Constitution of legal aid committees 23 26. Meetings of legal aid committees 25 26A. Disclosure of interests of members of legal aid committees 25 27. Functions and powers of legal aid committees 25 28. Delegation 26 29. Validity of acts of legal aid committees 26 Part V — Provision of legal assistance Division 1 — Provision of legal assistance by Commission 30. Advertising of services 27 31. Name or names to be used by Commission in providing services 27 32. Commission may assist persons in matters affecting the State etc. 27 Division 2 — Legal aid by duty counsel and legal advice 33. Provisions of legal advice and duty counsel services 28 34. Charges and payment to Fund 28 Division 3 — Legal aid generally 35. Term used: legal aid 28 36. Application for legal aid 28 37. Provision of legal aid 29 38. Allocation of legal aid between private practitioners and staff 33 39. Nature and conditions of legal aid 34 40. Assisted persons to have private practitioners of their choice 36 41. Private practitioners not to accept certain payments 40 42. Disbursements in connection with legal aid 40 43. Costs for and against assisted persons 41 44. Recovery of costs by Commission from successful assisted person 41 44A. Registration of charge to secure costs of legal aid 42 45. Court may order Commission to pay costs awarded against assisted person 44 45A. Guidelines to be observed 46 Division 4 — Notification and review of decisions relating to legal aid 46. Terms used 46 47. Notification of decisions 47 48. Reconsideration of decision 48 49. Review of decisions 49 49A. Reopening of decision of review committee 51 50. Review committees 52 Division 5 — Relationships between Commission, practitioner and assisted person 50A. Rights and privileges generally 54 50B. Private practitioners to report to Commission 55 51. Solicitor‑client relationship to exist and be preserved 55 Division 6 — Legal assistance in respect of Commonwealth matters 51A. Regard to be had to recommendations of relevant Commonwealth agency 56 Part VI — Finances of Commission Division 1 — The Legal Aid Fund of Western Australia 52. Legal Aid Fund 57 53. Investment of Fund 57 54. Payment out of Fund 58 55. Payments may be made by allowance or set‑off 58 Division 2 — Estimates, accounts and audit 56. Application of Financial Management Act 2006 and Auditor General Act 2006 59 58. Deposit of moneys 59 59. Accounts to be maintained 60 Part VII — Legal practice by Director and staff 61. Rights and obligations of Director and staff in respect of legal practice 61 62. Solicitor on the record 62 Part VIIA — Consultative committees 62A. Establishment of consultative committees 63 62B. Constitution of consultative committees 63 62C. Meetings of consultative committees 64 62D. Allowances 64 Part VIII — Miscellaneous 63. Liability and immunity 65 63A. Director may require practitioner to supply information 65 64. Secrecy 66 65. Offence of misrepresentation 69 66. Proceedings under this Act 70 67. Rules 70 Part IX — Agreements with the Commonwealth 68. State may enter into agreements and arrangements 72 Part IXA — Recovery abroad of maintenance 68A. Terms used 73 68B. Legal assistance for recovery abroad of maintenance 73 68C. The Director as an authorised person 73 Part X — Transitional provisions Division 1 — General 69. Term used: Australian Legal Aid Office 75 70. Certain rights and liabilities of Law Society to vest in Commission 75 71. Incorporation of moneys from Legal Assistance Fund 75 72. State may make arrangements as to premises etc. 76 73. Application for legal aid granted before appointed day 76 74. Provisions in respect of legal aid being provided by private practitioner 77 75. Provisions in respect of legal aid being provided by Commonwealth employees 77 Division 2 — Transfer of staff to Commission 76. Law Society staff 78 77. Commonwealth employees 79 78. Salary of former Commonwealth and Law Society employees 80 Notes Compilation table 81 Uncommenced provisions table 84 Other notes 84 Defined terms Western Australia Legal Aid Commission Act 1976 An Act to establish the Legal Aid Commission of Western Australia and for related purposes.