Commonwealth Legal Aid Amendment Act 1988 (Cth)
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BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
(a) by omitting from subsection (1) the definition of “Council” and substituting the following definition:
“ ‘Council’ means the National Legal Aid Representative Council;”;
(b) by omitting from subsection (1) the definitions of “Chairman” and “member of the Council”; and
(c) by inserting in subsection (1) the following definitions:
“ ‘Committee’ means the National Legal Aid Advisory Committee;
‘Committee Chairperson’ means the Chairperson of the Committee;
‘Committee member’ includes the Committee Chairperson;
‘Council Chairperson’ means the Chairperson of the Council;
‘Council member’ includes the Council Chairperson;”.
“4. The Minister may establish a National Legal Aid Representative Council.
“5. (1) The Council comprises the following members:
(a) the Chairperson of each legal aid commission;
(b) the Director of each legal aid commission;
(c) the Committee Chairperson;
(d) 2 persons appointed after consultation between the Minister and the Law Council of Australia;
(e) 2 persons appointed after consultation between the Minister and any person, association or body who, in the opinion of the Minister, is representative of community legal centres;
(f) a person appointed after consultation between the Minister and the Australian Council of Social Service;
(g) a person who is employed in the Australian Legal Aid Office;
(h) a person who is employed by the Commonwealth to administer the provision of legal assistance in Australia.
“(2) The Council members shall be appointed by the Minister to hold office on a part-time basis.
“(3) The Minister shall appoint a Council member to be the Council Chairperson for the period of 12 months commencing on the day of the appointment.
“(4) The Council may, at a meeting of the Council, recommend to the Minister that a specified person be appointed as the next Council Chairperson.
“(5) Subject to this Act, a Council member holds office for such period, not exceeding 3 years, as is specified in the instrument of appointment, but is eligible for re-appointment.
“(6) The performance of the functions, or the exercise of the powers, of the Council is not affected merely because of a vacancy or vacancies in the membership of the Council.
“(7) The Council Chairperson ceases to be the Council Chairperson if he or she ceases to be a Council member.
“6. The functions of the Council are to advise and make recommendations to the Minister concerning:
(a) the extent of the need for legal assistance in Australia and the most effective, economical and desirable means of satisfying that need;
(b) the effectiveness and economy of methods used for providing legal assistance;
(c) legislative or other changes necessary to reduce the need for, or increase the effectiveness of, legal assistance;
(d) the level of Commonwealth funds to be provided for legal assistance;
(e) the effectiveness of the arrangements for the application of Commonwealth funds for legal assistance;
(f) the funding of community legal centres;
(g) community legal education; and
(h) any other matter relating to the provision of legal assistance.
“7. The Minister may establish a National Legal Aid Advisory Committee.
“8. (1) The Committee comprises 7 members who shall be appointed by the Minister to hold office on a part-time basis.
“(2) The Minister shall appoint a Committee member to be the Committee Chairperson.
“(3) The Minister shall not appoint a person to be a Committee member unless the Minister is satisfied that the person has knowledge of, or experience in, legal assistance matters, or in matters related to the Commonwealth’s involvement in legal assistance matters.
“(4) Subject to this Act, a Committee member holds office for such period, not exceeding 3 years, as is specified in the instrument of appointment, but is eligible for re-appointment.
“(5) The performance of the functions, or the exercise of the powers, of the Committee is not affected merely because of a vacancy or vacancies in the membership of the Committee.
“(6) The Committee Chairperson ceases to be the Committee Chairperson if he or she ceases to be a Committee member.
“9. The functions of the Committee are to advise and make recommendations to the Minister, either on its own motion or on a request made to it by the Minister, concerning:
(a) the extent of the need for legal assistance in Australia and the most effective, economical and desirable means of satisfying that need;
(b) the effectiveness and economy of methods used for providing legal assistance;
(c) legislative or other changes necessary to reduce the need for, or increase the effectiveness of, legal assistance;
(d) the level of Commonwealth funds to be provided for legal assistance;
(e) the effectiveness of the arrangements for the application of Commonwealth funds for legal assistance;
(f) the funding of community legal centres;
(g) community legal education; and
(h) any other matter relating to the provision of legal assistance.
“10. In this Part:
‘member’ means a Council member or a Committee member.
“11. (1) A member shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no such determination is in operation, the member shall be paid such remuneration as is prescribed.
“(2) A member shall be paid such allowances as are prescribed.
“(3)
This section has effect subject to the
“12. A member may resign by delivering to the Minister a signed notice of resignation.
“13. (1) The Minister may terminate the appointment of a member for misbehaviour or physical or mental incapacity.
“(2) If a member becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, the Minister shall terminate his or her appointment.
“(3) If:
(a) the Council Chairperson is absent, except with the leave of the Minister, from a meeting of the Council;
(b) a Council member other than the Council Chairperson is absent, except with the leave of the Council Chairperson, from a meeting of the Council;
(c) the Committee Chairperson is absent, except with the leave of the Minister, from 3 consecutive meetings of the Committee; or
(d) a Committee member other than the Committee Chairperson is absent, except with the leave of the Committee Chairperson, from 3 consecutive meetings of the Committee;
the Minister shall terminate his or her appointment.
“14. (1) Subject to subsection (2), the Council shall meet once in the period of 12 months commencing on the day on which the Council is established and once in each successive period of 12 months.
“(2) The Council may meet more frequently in each period of 12 months specified in subsection (1) if the Council Chairperson obtains the Minister’s approval for each additional meeting.
“(3) A meeting of the Council shall be convened:
(a) by the Council Chairperson; or
(b) if the Council Chairperson fails to convene the meeting—by the Minister.
“(4) The Council Chairperson shall preside at all meetings of the Council at which he or she is present.
“(5) If the Council Chairperson is absent from a meeting of the Council, the Council members present shall appoint one of their number to preside at that meeting.
“(6) At a meeting of the Council, a quorum is constituted by a majority of the Council members for the time being holding office as Council members.
“(7) Questions arising at a meeting of the Council shall be determined by a majority of the votes of the Council members present and voting.
“(8) The person presiding at a meeting of the Council has a deliberative vote and, in the event of an equality of votes, also has a casting vote.
“15. (1) The Committee shall meet as often as is necessary for the efficient performance of its functions but shall meet at least twice in the period of 12 months commencing on the day on which the Committee is established and at least twice in each successive period of 12 months.
“(2) A meeting of the Committee shall be convened by the Committee Chairperson.
“(3) The Committee Chairperson shall preside at all meetings of the Committee at which he or she is present.
“(4) If the Committee Chairperson is absent from a meeting of the Committee, the Committee members present shall appoint one of their number to preside at that meeting.
“(5) At a meeting of the Committee, a quorum is constituted by a majority of the Committee members for the time being holding office as Committee members.
“(6) Questions arising at a meeting of the Committee shall be determined by a majority of the votes of the Committee members present and voting.
“(7) The person presiding at a meeting of the Committee has a deliberative vote and, in the event of an equality of votes, also has a casting vote.
“16. (1) The Minister may appoint a person (including a Committee member) to act as Committee Chairperson:
(a) during a vacancy in the office of Committee Chairperson (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when the Committee Chairperson is absent from duty or from Australia or is, for any other reason, unable to perform the duties of the office of Committee Chairperson;
but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.
“(2) The Minister may terminate an appointment at any time.
“17. (1) A member who has a direct or indirect pecuniary interest in a matter being considered or about to be considered at a meeting of the relevant body shall, as soon as possible after the relevant facts have come
to his or her knowledge, disclose the nature of the interest at a meeting of that body.
“(2) A disclosure shall be recorded in a record of the meeting of the relevant body and the member shall not, unless the relevant body or the Minister otherwise determines:
(a) be present during any deliberation of the relevant body with respect to that matter; or
(b) take part in any decision of the relevant body with respect to that matter.
“(3) For the purpose of making a determination in relation to a member who has made a disclosure, a member who has a direct or indirect pecuniary interest in the matter to which the disclosure relates shall not:
(a) be present during any deliberation of the relevant body for the purpose of making the determination; or
(b) take part in the making by the relevant body of the determination.
“(4) In this section, ‘relevant body’ means:
(a) in relation to a Council member—the Council; and
(b) in relation to a Committee member—the Committee.
“18. (1) The Council shall, as soon as practicable after the end of each financial year, prepare and give to the Minister a report on the activities of the Council during that year.
“(2) The Committee shall, as soon as practicable after the end of each financial year, prepare and give to the Minister a report on the activities of the Committee during the year.
“(3) The Minister shall cause a copy of a report given under subsection (1) or (2) to be laid before each House of the Parliament within 15 sitting days of that House after the day on which the Minister receives the report.”.
1. No. 80, 1977, as amended. For previous amendments, see No. 170, 1978; No. 62, 1981; and No. 91, 1983.
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Senate on 3 November 1987
House of Representatives on 16 February 1988
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