Western Australian Numbered Acts Western Australian Numbered Acts[s. 208, 209, 218(3)(a)]
(1) Subject to
clause 4, a member of the Legal Costs Committee —
(a)
holds office for a term of not more than 3 years specified in the
instrument of appointment; and
(b) is
eligible for reappointment.
(2) Subject to
clause 4, a person appointed under clause 2 or 3 —
(a)
holds office for a term specified in the instrument of appointment; and
(b) is
eligible for reappointment.
(1) The Governor may
appoint as deputy chairperson of the Legal Costs Committee a person qualified
for appointment as chairperson under section 207(2)(a).
(2) The deputy
chairperson may act as chairperson —
(a) in
the absence of the chairperson of the Legal Costs Committee; or
(b)
during a vacancy in the office of chairperson of the Legal Costs Committee.
(3) While acting as
chairperson of the Legal Costs Committee the deputy chairperson has, and may
perform, the functions of the chairperson.
(1) The Governor may
appoint a person having a like qualification or being nominated in the same
manner as the member for whom the person is a deputy to act in the place of a
member of the Legal Costs Committee.
(2) A person appointed
under subclause (1) is, during the absence of the member of the Legal
Costs Committee for whom the person is the deputy, entitled to act as a member
in place of that member.
(3) While acting as a
deputy of a member, the deputy has and may perform, the functions of that
member.
(1) The Governor may
remove a member of the Legal Costs Committee or person appointed under
clause 2 from office —
(a) if
the member is an insolvent under administration within the meaning of the
Corporations Act; or
(b) on
the grounds of neglect of duty, misconduct, incompetence or mental or physical
disability impairing the performance of the functions of that member and
proved to the satisfaction of the Governor.
(2) A member of the
Legal Costs Committee may resign office by notice in writing delivered to the
Governor.
(3) A reference in
this clause to a member includes a reference to a deputy member.
The Attorney General
may grant leave of absence to a member of the Legal Costs Committee on such
terms and conditions as the Attorney General thinks fit.
6. Remuneration and allowances
A member or deputy
member of the Legal Costs Committee is to be paid such remuneration and
allowances as the Attorney General from time to time, after consultation with
the Minister for Public Sector Management, may determine.
No act or omission of
a person acting in the place of another under clause 2 or 3 may be
questioned on the ground that the occasion for acting had not arisen or had
ceased.
(1) Meeting of the
Legal Costs Committee may be held at such times and places as the Legal Costs
Committee determines.
(2) The chairperson
presides at all meetings of the Legal Costs Committee at which he or she is
present.
(3) If the chairperson
and deputy chairperson are absent from a meeting of the Legal Costs Committee
the members present may appoint one of their number to act as chairperson.
(4) A person appointed
under subclause (3) has, and may perform, the functions of chairperson.
(5) The Legal Costs
Committee must cause accurate minutes to be kept of the proceedings at its
meetings.
At a meeting of the
Legal Costs Committee —
(a) each
member present is entitled to a deliberative vote;
(b) if
the votes cast on a question are equally divided, the chairperson has a
casting vote; and
(c) if
the votes cast on a question from which the chairperson and deputy chairperson
are absent are equally divided, the question remains unresolved until the next
meeting at which the chairperson is present.
At a meeting of the
Legal Costs Committee 4 members, of whom 2 are legal practitioners and 2 are
members appointed under section 207(2)(c), constitute a quorum.
11. Legal Costs Committee to determine procedures
Subject to this Act,
the Legal Costs Committee may determine its own procedures.
Defined Terms
[This is a list of terms defined and the provisions where they
are defined. The list is not part of the law.]
Defined Term Provision(s)
accountant
146(1)
adverse finding 177(4),
189(4)
articled clerk 3
associate
133(1)
Australia 3
bank
3
Board 3
Board’s
appointee 147
certificated practitioner
3
chairperson 205
complaint
3
Complaints Committee
3
contentious business 205
corporation
3
costs 205
costs agreement
3, 220(1)
court 205
direction in writing 140(1)
director
3
Disciplinary Tribunal 3
disqualified person 3
employee
246(1)
engage in legal practice 3
examiner 3
foreign law
3
foreign lawyer 3
foreign registration authority
3
Full Court 3
Guarantee Fund 3
home registration authority
3
impairment 39(1)
incapable practitioner 39(1)
incorporated legal
practice 3
insolvent practitioner
39(1)
interstate practice certificate
3
interstate practitioner
3
investigation 67(3)
Law Complaints
Officer 3
Law Society
3
Legal Contribution Trust 3
legal Costs Committee
3
legal costs determination
3
legal practitioner 3, 135(1), 147, 158,
219, 246(1)
legal practitioner director 3
legal practitioner partner 3
local practitioner
3
matter 72(4)
member
205
mental disability
3
migration restriction 102(1)
multi-disciplinary
partnership 3
non-contentious business
205
officer 3
other purposes
209(3)
practice 147
practice certificate 3
practise foreign law
3
practising on his or her own account
3
practitioner 3
professional
obligations 3
prohibited person
3
public document 116(1)
public
officer 3
record 3
registered 3
registered foreign lawyer
3
regulatory authority 3,
203(1)
related body corporate 3
related services
58(1)(b), 81(1)(b)
relevant legal practitioner
223(3)
remuneration
209(1)
Roll 3
Roll of Practitioners
3
rules 3
State
3
supervising solicitor 147
taxing officer
227(1)
trust account 3
trust moneys 3
unfit practitioner
39(1)
unpaid work 124(3)
unqualified
practice 3
unsatisfactory conduct
3
work 124(1)
working hours
23(4)