New South Wales Consolidated Acts

LEGAL AID COMMISSION ACT 1979

- As at 19 February 2024 
- Act 78 of 1979 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Notes
   4.      Definitions
   5.      Repeals

   PART 2 - CONSTITUTION AND MANAGEMENT OF LEGAL AID COMMISSION

           Division 1 - Constitution of the Commission

   6.      Constitution of the Commission
           7-9. (Repealed)

           Division 2 - Functions of the Commission

   10.     Functions of the Commission
   11.     Provision of legal aid
   11A.    Provision of legal advice only
   12.     Duties to be observed in the provision of legal aid
   13.     Annual report

           Division 3 - Management of Commission

   14.     Constitution of Board
   15.     Function of Board
   16.     Chief Executive Officer
   17.     Functions of Chief Executive Officer
           18-22. (Repealed)

           Division 4 - Members of staff of the Commission

   23.     (Repealed)

           Division 5 - Miscellaneous

   23A.    Appointment of solicitor to be solicitor practising on own account
   24.     Performance of functions of solicitor
   25.     Solicitor-client relationship
   26.     Divulging of certain information prohibited
   27.     Immunity
   28.     Solicitor on record

   PART 3 - PROVISION OF LEGAL AID

           Division 1 - General

   29.     Definition
   30.     Provision of legal aid
   31.     Application for legal aid
   32.     False application
   33.     Powers of Commission in respect of application
   34.     Determination of application
   34A.    Date on which legal aid is granted
   34B.    Commission can require security for costs etc
   34C.    Certain arrangements do not amount to imposition of condition, or variation, of legal aid
   35.     Means test
   36.     Monetary contribution by applicant
   37.     Applications by certain persons
   38.     Variation of grant of legal aid
   38A.    Notification of changes
   39.     Fees in respect of assigned matters
   40.     Assessment of costs
   41.     Demand for or receipt of certain payments prohibited
   42.     Discretion of court or tribunal as to costs
   43.     Payment of costs in cases of fraud and improper behaviour
   43A.    Payment of costs to law practices
   43B.    Payment of money by certain law practices
   44.     Direction as to payment of certain money to the Commission
   45.     Recovery of money
   46.     Liability of legally assisted person to pay costs and expenses
   47.     Payment of costs awarded against legally assisted persons
   48.     Commission has lien on certain documents

           Division 2 - Assignment of work to law practices

   49.     Assignment of work
   50.     Audits
           51-52B. (Repealed)

           Division 3 - Legal Aid Review Panels

   53.     Approval of persons as members of pool
   54.     Establishment of Legal Aid Review Panels
   55.     Board may approve policies and guidelines for panels

           Division 4 - Appeals in respect of the provision of legal aid

   56.     Appeals
   57.     Adjournment of certain proceedings
   58.     Functions of a Legal Aid Review Panel on an appeal
   59.     Determination of appeal
   60.     Effect and implementation of determination or order

   PART 3A - ALTERNATIVE DISPUTE RESOLUTION

   60A.    Purpose of Part
   60B.    Definitions
   60C.    Powers of Commission in respect of alternative dispute resolution
   60D.    Defamation
   60E.    Admissibility of evidence
   60F.    Secrecy
   60G.    Immunity for convenors of conferencing sessions

   PART 4 - FINANCE

   61.     Definitions
   62.     Legal Aid Fund
   63.     Payments into Fund
   64.     Payments out of the Fund
   64A.    Trust account
   65.     Investment
   66.     (Repealed)
   67.     Financial estimates

   PART 5 - MISCELLANEOUS

   68.     Consultative committees
   69.     Delegation
   70.     Determination of pecuniary interests
   71.     Notices
   71A.    Interest
   72.     Proceedings for offences
   72A.    Agreements or arrangements with Commonwealth
   73.     Savings, transitional and other provisions
           74, 75. (Repealed)
   76.     Regulations
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 3A
           Schedule 7 (Repealed)
           SCHEDULE 8