Western Australian Consolidated Acts

LEGAL AID COMMISSION ACT 1976

TABLE OF PROVISIONS

           Long Title

   PART I -- Preliminary  

   1.      Short title  
   2.      Commencement  
   4.      Terms used  
   5.      Other laws not affected

   PART II -- Establishment and functions of Legal Aid Commission of Western Australia  

   6.      The Commission  
   7.      Composition of Commission  
   8.      Tenure of office  
   9.      Meetings of Commission  
   9A.     Disclosure of interests of members  
   10.     Validity of acts of Commission  
   11.     Duties and remuneration of members  
   12.     Functions of Commission  
   13.     Appointed day  
   14.     Commission to pay fees etc. to private practitioners providing legal assistance  
   15.     Duties  
   16.     Powers of Commission  
   16A.    Reciprocal arrangements for legal assistance  
   16B.    Delegation  
   17.     Trust moneys

   PART III -- The Director of Legal Aid and the staff of the Commission  

   18.     Director of Legal Aid  
   19.     Functions and powers of Director  
   20.     Classification and appointment of staff  
   21.     Terms and conditions of employment  
   22.     Superannuation  
   23.     Delegation

   PART IV -- Legal aid committees  

   24.     Establishment of legal aid committees  
   25.     Constitution of legal aid committees  
   26.     Meetings of legal aid committees  
   26A.    Disclosure of interests of members of legal aid committees  
   27.     Functions and powers of legal aid committees  
   28.     Delegation  
   29.     Validity of acts of legal aid committees

   PART V -- Provision of legal assistance

           Division 1 -- Provision of legal assistance by Commission  

   30.     Advertising of services  
   31.     Name or names to be used by Commission in providing services  
   32.     Commission may assist persons in matters affecting the State etc.

           Division 2 -- Legal aid by duty counsel and legal advice  

   33.     Provisions of legal advice and duty counsel services  
   34.     Charges and payment to Fund

           Division 3 -- Legal aid generally  

   35.     Term used: legal aid  
   36.     Application for legal aid  
   37.     Provision of legal aid  
   38.     Allocation of legal aid between private practitioners and staff  
   39.     Nature and conditions of legal aid  
   40.     Assisted persons to have private practitioners of their choice  
   41.     Private practitioners not to accept certain payments  
   42.     Disbursements in connection with legal aid  
   43.     Costs for and against assisted persons  
   44.     Recovery of costs by Commission from successful assisted person  
   44A.    Registration of charge to secure costs of legal aid  
   45.     Court may order Commission to pay costs awarded against assisted person  
   45A.    Guidelines to be observed

           Division 4 -- Notification and review of decisions relating to legal aid  

   46.     Terms used  
   47.     Notification of decisions  
   48.     Reconsideration of decision  
   49.     Review of decisions  
   49A.    Reopening of decision of review committee  
   50.     Review committees

           Division 5 -- Relationships between Commission, practitioner and assisted person  

   50A.    Rights and privileges generally  
   50B.    Private practitioners to report to Commission  
   51.     Solicitor-client relationship to exist and be preserved

           Division 6 -- Legal assistance in respect of Commonwealth matters  

   51A.    Regard to be had to recommendations of relevant Commonwealth agency

   PART VI -- Finances of Commission

           Division 1 -- The Legal Aid Fund of Western Australia  

   52.     Legal Aid Fund  
   53.     Investment of Fund  
   54.     Payment out of Fund  
   55.     Payments may be made by allowance or set-off

           Division 2 -- Estimates, accounts and audit  

   56.     Application of Financial Management Act 2006 and Auditor General Act 2006  
   58.     Deposit of moneys  
   59.     Accounts to be maintained

   PART VII -- Legal practice by Director and staff  

   61.     Rights and obligations of Director and staff in respect of legal practice  
   62.     Solicitor on the record

   PART VIIA -- Consultative committees  

   62A.    Establishment of consultative committees  
   62B.    Constitution of consultative committees  
   62C.    Meetings of consultative committees  
   62D.    Allowances

   PART VIII -- Miscellaneous  

   63.     Liability and immunity  
   63A.    Director may require practitioner to supply information  
   64.     Secrecy  
   65.     Offence of misrepresentation  
   66.     Proceedings under this Act  
   67.     Rules

   PART IX -- Agreements with the Commonwealth  

   68.     State may enter into agreements and arrangements

   PART IXA -- Recovery abroad of maintenance  

   68A.    Terms used  
   68B.    Legal assistance for recovery abroad of maintenance  
   68C.    The Director as an authorised person

   PART X -- Transitional provisions

           Division 1 -- General  

   69.     Term used: Australian Legal Aid Office  
   70.     Certain rights and liabilities of Law Society to vest in Commission  
   71.     Incorporation of moneys from Legal Assistance Fund  
   72.     State may make arrangements as to premises etc.  
   73.     Application for legal aid granted before appointed day  
   74.     Provisions in respect of legal aid being provided by private practitioner  
   75.     Provisions in respect of legal aid being provided by Commonwealth employees

           Division 2 -- Transfer of staff to Commission  

   76.     Law Society staff  
   77.     Commonwealth employees  
   78.     Salary of former Commonwealth and Law Society employees
           Compilation table