AustLII Tasmanian Consolidated Acts

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LEGAL PROFESSION ACT 2007 - SECT 361

Application to Minister for payment from Guarantee Fund

(1)  If the Guarantee Fund exceeds the amount of $3.5 million or such amount as may be prescribed, taking into account ascertained and contingent liabilities, the Trust must advise the Minister that the Guarantee Fund has exceeded that amount.
(2)  On receipt of advice from the Trust under subsection (1) , the Minister may invite a relevant person including, but not limited to –
(a) Tasmania Legal Aid or such other legal assistance scheme; and
(b) the Law Foundation of Tasmania –
(c) .  .  .  .  .  .  .  .  
to make application for a grant of money from the Guarantee Fund.
(3)  The total amount that may be granted pursuant to applications invited to be made under subsection (2) must not exceed the total amount in the Guarantee Fund after deducting the amount of $3.5 million or the amount prescribed under subsection (1) .
(4)  An application is to contain such information as the Minister directs.
(5)  On receipt of an application, the Minister may approve a grant of money from the Guarantee Fund and may specify conditions under which the grant is made.
(6)  If the Minister approves a grant of money under subsection (5) , the Minister must direct the Trust to apply the Guarantee Fund in accordance with the approval.
(7)  The Trust must apply the Guarantee Fund in accordance with the Minister's approval.
(8)  An application made in respect of, or an approval of, a grant of money under subsection (5) , before the commencement of the Legal Profession Amendment (Validation) Act 2019 , is not invalid solely on the basis that the application was made by or on behalf of, or the approval was granted in respect of, a person, or body, that meets one or more of the following:
(a) the person, or body, provided legal services, or other law related assistance or services, other than as part of a legal assistance scheme;
(b) the person or body was a relevant person;
(c) the body was not a person.
(9)  In this section –
Government Agency means the following:
(a) a Government department within the meaning of the State Service Act 2000 ;
(b) an incorporated or unincorporated body that –
(i) is established, constituted or continued by or under an Act or under the royal prerogative; and
(ii) is, or has a governing authority that is, wholly or partly comprised of a person or persons appointed by the Governor, a Minister of the Crown or other such body;
relevant person includes, but is not limited to –
(a) a Government Agency; and
(b) a court, tribunal or similar person or body acting judicially; and
(c) a person or body, however constituted, that provides either or both of the following:
(i) legal services or other law related assistance or services;
(ii) advice, or opinions, recommendations or reviews, on legal or law related matters affecting the State; and
(d) such other persons or bodies as may be prescribed.



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