Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this Act,
unless the contrary intention appears —
applicant means a person who has made application
for legal assistance under this Act;
appointed day means the day appointed by the
Commission pursuant to section 13 2 ;
assisted person means a person to whom legal
assistance is provided under this Act and unassisted person has the contrary
meaning;
Attorney General means the Attorney General of the
State;
Australian lawyer has the meaning given in the
Legal Profession Act 2008 section 3;
Chairman means the Chairman of the Commission;
consultative committee means a consultative
committee established under section 62A;
Director means the Director of Legal Aid appointed
under section 18;
law practice has the meaning given in the Legal
Profession Act 2008 section 3;
Law Society means The Law Society of Western
Australia, a body incorporated under the Associations Incorporation
Act 1895 3 ;
legal advice means advice on matters of law given
by a law practice or an Australian lawyer and includes assistance in preparing
an application for legal aid and in furnishing information required in that
connection;
legal aid means legal services, not confined to
legal advice, performed by a legal practitioner in the form
of —
(a)
representation in and in connection with proceedings;
(b)
assistance ordinarily given by a solicitor or counsel or both in the steps
preliminary or incidental to proceedings or in arriving at, or giving effect
to, a compromise to avoid or terminate proceedings;
(c)
assistance in taking steps to assert a claim or resist a demand, where the
question of taking, defending or being a party to any proceedings before a
court or tribunal does not arise or has not then arisen; and
(d)
assistance in such matters, other than those mentioned in paragraphs (a),
(b) and (c) of this interpretation, as the Commission may, from time to time,
determine under section 15(1)(e);
legal aid authority means a legal aid committee,
the Director or a member of the staff authorised under section 36(2);
legal aid committee means a legal aid committee
established under section 24;
legal assistance means legal advice, legal aid or
both of those services;
legal experience means —
(a)
standing and practice as a legal practitioner; or
(b)
judicial service (including service as a judge of a court, a magistrate or
other judicial officer) in the State or elsewhere in a common law
jurisdiction; or
(c) a
combination of both kinds of legal experience mentioned in paragraphs (a)
and (b);
Legal Practice Board means the Board established
by the Legal Profession Act 2008 section 534;
legal practitioner means an Australian legal
practitioner within the meaning of that term in the
Legal Profession Act 2008 section 3;
member means a member of the Commission and
includes the Chairman;
officer of the Commission means the Director or a
member of the staff;
order for costs means a judgment, order, decree,
award or direction for the payment of the costs of one party to a proceeding
by another or others, whether given or made in that proceeding or not;
private practitioner means a legal practitioner
who is not employed by the Commission, a statutory authority or the Crown;
public company has the same meaning as in the
Corporations Act 2001 of the Commonwealth;
review committee means a review committee
established under section 50;
the Commission means the Legal Aid Commission of
Western Australia established under section 6;
the Commonwealth Council means the Commonwealth
Legal Aid Council established under section 4 of the Commonwealth
Legal Aid Act 1977 4 , as amended, of the Parliament of the
Commonwealth;
the Fund means the Legal Aid Fund of Western
Australia established by section 52;
the staff means the staff of the Commission.
(2) Every act, matter
or thing that is required or permitted to be done under this Act by the Law
Society may be done by the Council of the Law Society.
[Section 4 amended by No. 60 of 1977
s. 3; No. 10 of 1982 s. 28; No. 126 of 1982 s. 3;
No. 90 of 1986 s. 4; No. 32 of 1994 s. 19; No. 10 of 2001
s. 221; No. 65 of 2003 s. 47(2); No. 74 of 2003 s. 75(2);
No. 21 of 2008 s. 674(2).]