Legal Aid Act 1978 (Vic)

Version No. 073

Legal Aid Act 1978

No. 9245 of 1978

Version incorporating amendments as at

1 September 2023

TABLE OF PROVISIONS

Section  Page

1Short title and commencement

Part I—Preliminary

2Definitions

Part II—Victoria Legal Aid

3Establishment

4Objectives

5VLA not to represent the Crown

6Functions and powers

7Duties of VLA

8Arrangements and guidelines for allocation of legal aid work

9Guidelines for provision of legal aid

10Delegation

11Board of directors

12Role of board

12BAppointment of directors

12CTerms and conditions of appointment of directors

12DVacancies, resignations, removal of directors from office

12EActing chairperson

12GValidity of decisions of board

12HProceedings of board

12IResolutions without meetings

12JDisclosure of interests

12JARole of chief executive officer

12JBAppointment of chief executive officer

12JCTerms and conditions of appointment of chief executive officer

12JDVacancy, resignation, removal from chief executive officer's office

12JEActing chief executive officer

12JFValidity of decisions of chief executive officer

12KCommunity consultative committee

12LTerms and conditions of appointment to community consultative committee

12LACollaborative planning committee

12LBTerms and conditions of appointment to collaborative planning committee

12LCReports of collaborative planning committee

12MAttorney-General may give directions to the board

12MADirections regarding funding of community legal services

12MBStrategic plan

12MCAnnual corporate plan

12NAnnual report

12OQuarterly reports

Part III—Officers of commission

15Officers and employees

16VLA and its officers are subject to legal professional standards and duties

17In any proceeding signature of officer of VLA deemed to be signature of legal practitioner for a party to the proceeding

Part IV—Independent reviewers

18Panel of independent reviewers

19Functions of independent reviewers

Part V—Provision of legal assistance

23Applications for legal assistance

24Circumstances in which legal assistance may be provided

25Legal assistance may be provided notwithstanding that the interests of the assisted person are adverse to the State or the Commonwealth

26Certain legal aid provided without charge

27Conditions

27ARefund of money paid in accordance with section 27

28Decisions relating to the provision of legal services

29Variation of a decision to provide legal assistance

29APractitioner panels

29BAssignment of case to practitioner panel

30Selection of practitioner

30AImmunity of participants

31Relationship between legal practitioner and client

32Private legal practitioner to demand, take or accept payment allowed by the Act

33Statement of reasons for a decision to be given

Part VI—Reconsideration and review of decisions: complaints

34Reconsideration of decisions of VLA and independent reviewer

35Review of decisions of VLA

36Review of decisions of independent reviewer

37Conflicts of interest

Part VIA—Law Aid Scheme

40ADefinitions

40BImmunity

40CFee agreement

40DContingent payments

40FCertain information not to be revealed

40GRecovery of costs

40HGrant to trust fund

Part VIB—Alternative dispute resolution

40IAlternative dispute resolution programs

40JConfidentiality

40KFreedom of Information Act 1982

40LAdmissibility of evidence

40MImmunity for conference chairpersons

Part VII—Financial

41Legal Aid Fund

Part VIII—Miscellaneous

43Officers etc. of VLA not to reveal any information without consent of VLA

44False statements

45Court may order a person convicted of offence under section 44 to pay an amount to VLA

46Legal costs

47Costs to be paid to the Fund

47ACosts may be charged on the land

47BCharges over Transfer of Land Act land

47DExtinguishment of charge

47EEnforcement of the charge

47FAction not barred by Limitation of Actions Act 1958

48Costs

48BCertificate of costs

48CAssignment of right to recover money to VLA

49State may enter into agreements and arrangements

49AAVLA's power to enter legal aid arrangements

49ASupreme Court—limitation of jurisdiction

49BSupreme Court—limitation of jurisdiction

50Regulations

51Transitional provisions (1997 Amending Act)

52Transitional provisions: Legal Aid (Amendment) Act 1998

53Saving provision—Justice Legislation (Evidence and Other Acts) Amendment Act 2016

54Transitional provision—Justice Legislation Amendment (Access to Justice) Act 2018

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Endnotes

1      General information

2      Table of Amendments

3      Explanatory details

Version No. 073

Legal Aid Act 1978

No. 9245 of 1978

Version incorporating amendments as at

1 September 2023

An Act to establish a Legal Aid Commission and for

other purposes.

BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

1Short title and commencement

(1)This Act may be cited as the Legal Aid Act 1978.

(2)The several provisions of this Act shall come into operation on the day or the respective days to be fixed by proclamation or successive proclamations of the Governor in Council published in the Government Gazette.

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PART I—PRELIMINARY

2Definitions

(1)In this Act, unless inconsistent with the context or subject-matter—

alternative dispute resolution program means a program for the resolution of disputes out of court and includes conferencing;

annual report means a report under section 12N(1);

applicant means a person who has made application for legal assistance under this Act;

assisted person means a person to whom legal assistance is provided under this Act, except Part VIA;

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Australian Legal Aid Office means the division of the Attorney-General's Department of the Commonwealth that is designated the Australian Legal Aid Office;

board means the board of directors of VLA established under section 11;

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chairperson means the chairperson of the board;

chief executive officer means the chief executive officer of VLA appointed under section 12JB;

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Commonwealth Commission means the Attorney-General's Department of the Commonwealth exercising its functions in respect of legal aid;

community legal service has the same meaning as in the Legal Profession Uniform Law (Victoria);

conference chairperson means a person to whom a matter has been referred for conferencing;

conferencing means a structured negotiation process in which a conference chairperson assists the parties to a dispute to settle the dispute;

corporate plan means a plan under section 12MC(1);

Court includes a tribunal;

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duty lawyer services means legal services provided by an Australian lawyer attending a court, being legal services consisting of appearing on behalf of a person or giving legal advice to a person at that court, otherwise than by prior arrangement with the person;

Federation of Community Legal Centres means the Federation of Community Legal Centres (Vic.) Inc. ABN 30 036 539 902;

Fund means the Legal Aid Fund established under section 41;

incorporated legal practice has the same meaning as in the Legal Profession Uniform Law (Victoria);

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independent reviewer means member of the panel of independent reviewers appointed under section 18 and includes the panel chairperson;

Law Institute has the same meaning as in the Legal Profession Uniform Law Application Act 2014;

law practice has the same meaning as in the Legal Profession Uniform Law (Victoria);

legal advice means advice on matters of law given by an Australian lawyer and includes assistance in preparing an application for legal assistance and in furnishing information required for that purpose;

legal aid means—

(a)education, advice or information in or about the law;

(b)any legal services that may be provided by a law practice or an Australian lawyer; and

(c)any other matter within the scope of section 6, 7 or 8—

and, without limiting or affecting the generality of the foregoing, includes alternative dispute resolution programs, duty lawyer services, legal advice and legal assistance;

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legal aid arrangement means an arrangement with respect to the provision of legal aid under which—

(a)the Commonwealth—

(i)makes available amounts of money for the provision of legal aid; and

(ii)specifies the legal aid VLA is to provide in consideration of those amounts of money, including any priorities to be observed by VLA in providing legal aid as between classes of persons or classes of matters; and

(b)VLA provides that legal aid in accordance with that arrangement;

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legal assistance means legal services provided under this Act other than by way of duty lawyer services or legal advice;

legal assistance information means information that is—

(a)for use by the community; and

(b)designed to provide guidance or education in relation to the law, including—

(i)guidance (other than legal advice) for identifying, preventing or dealing with legal problems; and

(ii)information on support services that are related to the law;

legal practitioner means an Australian legal practitioner;

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order for costs means a judgment, order, decree, award or direction for payment of the costs of one party to the proceedings by another or others, whether given or made in that proceedings or not;

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panel chairperson means chairperson of the panel of independent reviewers appointed under section 18;

panel member, in relation to the panel of independent reviewers, includes the panel chairperson;

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prescribed means prescribed by regulations made under this Act;

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principal, of a law practice, has the same meaning as in the Legal Profession Uniform Law (Victoria);

private law practice means a law practice other than VLA;

private legal practitioner means a legal practitioner who is not employed by VLA;

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professional association means a local professional association within the meaning of the Legal Profession Uniform Law Application Act 2014;

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strategic plan means a plan under section 12MB(1);

the State means the State of Victoria;

Victoria Law Foundation means the body corporate continued by section 4 of the Victoria Law Foundation Act 2009;

Victorian Bar has the same meaning as in the Legal Profession Uniform Law Application Act 2014;

VLA means Victoria Legal Aid established under section 3.

(2)It is the intention of Parliament that in this Act person includes a body corporate.

PART II—VICTORIA LEGAL AID[1]

3Establishment

(1)There is established a body by the name "Victoria Legal Aid".

(2)VLA—

(a)is a body corporate with perpetual succession;

(b)has an official seal;

(c)may sue and be sued;

(d)may acquire, hold and dispose of real and personal property;

(e)may do and suffer all acts and things that a body corporate may by law do and suffer.

(3)All courts must take judicial notice of the seal of VLA affixed to a document and, until the contrary is proved, must presume that it was duly affixed.

(4)The official seal of VLA must be kept in such custody as VLA directs and must not be used except as authorised by VLA.

4Objectives

The objectives of VLA are—

(a)to provide legal aid in the most effective, economic and efficient manner;

(b)to manage its resources to make legal aid available at a reasonable cost to the community and on an equitable basis throughout the state;

(ba)to ensure the coordination of the provision of legal aid so that it responds to the legal and related needs of the community;

(bb)to ensure the coordination of the provision of legal assistance information so that the information responds to the legal and related needs of the community, including by being—

(i)accessible; and

(ii)current; and

(iii)high quality; and

(iv)of sufficient breadth;

(c)to provide to the community improved access to justice and legal remedies;

(d)to pursue innovative means of providing legal aid directed at minimising the need for individual legal services in the community.

5VLA not to represent the Crown

VLA does not represent the Crown.

6Functions and powers

(1)The functions of VLA are—

(a)to provide legal aid in accordance with this Act;

(ab)to coordinate, and undertake strategic planning for, the provision of legal aid by—

(i)VLA; and

(ii)subject to subsection (1A), community legal services; and

(iii)private legal practitioners by arrangement with VLA;

(ac)subject to subsection (1B), to coordinate the provision of legal assistance information, including by facilitating the expansion of the provision of that information as appropriate;

(b)to control and administer the Fund;

(c)to provide advocacy services other than in connection with legal services;

Example

Non-legal mental health advocacy services within the meaning of the Mental Health and Wellbeing Act 2022.

(d)to coordinate, and participate in, strategic planning for the provision of services of a kind referred to in paragraph (c) by VLA and other bodies.

(1A)VLA does not have the function of coordinating, and undertaking strategic planning for, the provision of legal aid in Victoria by—

(a)Aboriginal and Torres Strait Islander Corporation Family Violence Prevention and Legal Service (Victoria) ABN 47 125 370 108; or

(b)Victorian Aboriginal Legal Service

Co-operative Ltd ABN 45 926 675 900; or

(c)any other organisation (whether incorporated or not) that holds itself out as an Aboriginal and Torres Strait Islander Legal Service.

(1B)VLA does not have the function of coordinating the provision of legal assistance information in Victoria by an entity referred to in subsection (1A).

(2)VLA may—

(a)in co-operation with a government department or body concerned with social service or social welfare, arrange measures and take steps that may be conducive to meeting the need for legal aid in the community;

(b)enter into arrangements from time to time with a body or person with respect to any investigation, study or research that, in the opinion of VLA, is necessary or desirable for the purposes of this Act;

(c)make recommendations to or through the Attorney-General with respect to any reforms of the law the desirability for which has come to its attention in the course of performing its functions;

(d)initiate and carry out educational programs designed to promote an understanding by the public, and by sections of the public who have special needs in this respect, of their rights, powers, privileges and duties under the laws in force in the State;

(e)undertake research into all aspects of legal aid including new methods of financing and providing legal aid;

(f)subject to and in accordance with any agreement or arrangement made between the Commonwealth and the State under section 49, provide financial assistance to voluntary legal aid bodies in the State in respect of the provision of legal aid;

(fa)subject to this Act, enter into legal aid arrangements and provide legal aid in accordance with those arrangements;

(g)do all things necessary or convenient to be done for, or in connection with, the performance of its functions.

(3)VLA may enter into arrangements to provide legal services—

(a)on behalf of the prescribed person referred to in section 151 of the Independent Broad-based Anti-corruption Commission Act 2011, to applicants for legal assistance under that section;

(b)on behalf of the Secretary to the Department of Justice, to other persons.

(4)If an arrangement is entered into under subsection (3)(a), VLA may carry out the functions of the prescribed person under section 151 of the Independent Broad-based Anti-corruption Commission Act 2011.

(5)An arrangement entered into under subsection (3)(b) requires the prior approval of the Attorney‑General.

(6)Parts V, VI, VIA, VIB and VII do not apply to the provision of legal services under an arrangement entered into under subsection (3).

7Duties of VLA

(1)In performing its functions, VLA must—

(a)ensure that legal aid is provided in the most effective, efficient and economic manner and in a manner which dispels fear and distrust, including by—

(i)arranging, as appropriate, for legal aid to be provided by VLA, community legal services and private legal practitioners by arrangement with VLA; and

(ii)arranging for the provision of legal aid that is appropriate and proportionate to the capabilities of the person to whom it is provided and also to the complexity of the matter for which it is provided;

(b)establish any local offices that it considers appropriate and generally use its best endeavours to make legal aid available throughout the State;

(c)subject to and in accordance with any legal aid arrangement and the agreements and arrangements made between the Commonwealth and the State under section 49 from time to time—

(i)determine or vary priorities in the provision of legal aid as between classes of persons and classes of matters or both;

(ii)have regard to the recommendations of the Commonwealth Commission concerning the provision of legal aid by VLA—

(A)in or in connection with a claim, right or proceeding involving a matter arising under a law of the Commonwealth; or

(B)in a proceeding in a federal court or in a State court exercising federal jurisdiction; or

(C)in respect of persons who are agreed by the Attorney-General and the Attorney-General of the Commonwealth to be persons in respect of whom the Commonwealth has a special responsibility;

(iii)liaise and co-operate with the Commonwealth Commission in the performance by that Commission of its functions and, in particular, provide to the Commonwealth Commission such statistics and other information as that Commission may reasonably require;

(d)subject to any legal aid arrangement, determine the matters or classes of matters in respect of which legal services may be performed on behalf of assisted persons by way of legal aid;

(e)co-operate and, if VLA considers it desirable to do so, make reciprocal arrangements with other legal aid commissions, professional associations and other bodies engaged or interested in the provision of legal aid in the State or elsewhere;

(f)liaise with professional associations in order to facilitate the use, in appropriate circumstances, of services provided by private legal practitioners;

(g)make maximum use of services which private legal practitioners offer to provide on a voluntary basis;

(h)endeavour to secure the services of interpreters, marriage counsellors, welfare officers and other appropriate persons to assist in connection with matters in respect of which legal aid is provided;

(i)inform the public of the services provided by VLA and the conditions on which those services are provided;

(j)encourage and permit law students to participate, so far as VLA considers it practicable and proper to do so, on a voluntary basis and under professional supervision in the provision of legal aid;

(k)have regard to the amount of money for the time being standing to the credit of the Fund and the amount of money likely to be received by VLA for the purposes of the Fund.

(1A)In performing its function under section 6(1)(ab), VLA must consult with—

(a)the Law Institute; and

(b)the Victorian Bar; and

(c)the Victoria Law Foundation; and

(d)the Federation of Community Legal Centres; and

(e)community legal services; and

(f)private legal practitioners who provide legal aid by arrangement with VLA.

(1B)In performing its function under section 6(1)(ac), VLA must determine, in consultation with persons and bodies who produce and provide legal assistance information in Victoria, how that information is best produced and provided.

(2)VLA must account separately for all money paid under an arrangement entered into under section 6(3) and that money is not payable to the Legal Aid Fund.

8Arrangements and guidelines for allocation of legal aid work

(1)Legal aid may be provided by VLA—

(a)by making available the services of officers of VLA;

(b)by arranging for the services of private legal practitioners or other persons to be made available;

(c)by making available and by arranging both the services referred to in paragraphs (a) and (b).

(2)VLA must determine guidelines in relation to the allocation of work between officers of VLA and private legal practitioners having regard to—

(a)the need for legal assistance services to be readily available and easily accessible to disadvantaged people;

(ab)the requirements (if any) of any legal aid arrangement;

(b)the desirability of an assisted person being entitled to select a legal practitioner of his or her choice;

(c)the need for appropriate use to be made of the services capable of being provided by officers of VLA;

(d)the importance of maintaining the independence of the private legal profession;

(e)the need for the Fund to be used effectively and efficiently.

9Guidelines for provision of legal aid

VLA must determine, having regard to funds available, any legal aid arrangement and relevant recommendations of the Commonwealth Commission, guidelines in relation to the provision of legal aid and, in particular, guidelines to be applied in—

(a)the application of section 24 for the purpose of determining whether legal assistance may be provided to a person under this Act;

(b)the application of section 26(2) for the purpose of determining whether a person requiring legal advice should be required to make an application for legal assistance;

(c)determining whether the providing of legal assistance to a person will be subject to all or any of the conditions referred to in section 27(1);

(d)determining the amount of costs or disbursements that will be required to be paid to VLA by an assisted person if the proceeding in respect of which the legal assistance was provided is decided, compromised or results in the person's favour;

(e)determining the extent, if any, to which VLA will pay costs awarded against a legally assisted person in a proceeding.

10Delegation

VLA may, by instrument under its official seal, delegate to—

(a)a director of VLA;

(ab)the chief executive officer;

(b)an officer of VLA;

(c)a private law practice;

(d)an independent reviewer—

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any power of VLA, other than—

(f)the powers referred to in sections 7(c)(i) and (d), 8(2), 9 and 49AA; and

(g)subject to section 12A(c)(ii), this power of delegation.

11Board of directors

There shall be a board of directors of VLA consisting of—

(a)a chairperson nominated by the Attorney-General;

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(c)6 directors nominated by the Attorney-General of whom—

(i)at least one must have experience in financial management; and

(ii)at least one must have experience in public management; and

(iii)at least one must have experience with criminal proceedings (whether as a legal practitioner or a judicial officer); and

(iv)at least one must have experience in other areas of legal practice engaged in by VLA or its officers.

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12Role of board

(1)The board of VLA—

(a)is responsible for the management of the affairs of VLA and ensuring that it achieves its objectives; and

(b)may exercise the powers of VLA.

(2)Without limiting subsection (1), it is the role of the board—

(a)to determine the policies, priorities and strategies of VLA; and

(ab)to make decisions regarding how amounts to be paid out of the Fund are to be allocated across—

(i)VLA; and

(ii)community legal services; and

(iii)private legal practitioners providing legal aid by arrangement with VLA; and

(b)to deal with any matters in accordance with guidelines issued by the board under subsection (3); and

(c)to ensure that VLA performs its functions and exercises its powers in an effective, efficient and economical manner.

(3)The board may issue guidelines specifying matters or classes of matter relating to the provision of legal aid that it requires to be referred to it for decision.

(4)The board must have regard to any legal aid arrangement in carrying out its role under subsections (2) and (3).

(5)The board must have regard to the advice and recommendations of the collaborative planning committee in carrying out its role under subsection (2)(ab).

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12BAppointment of directors

(1)The chairperson and other directors of VLA shall be appointed by the Governor in Council.

(2)The Public Administration Act 2004 (other than Part 3 of that Act) applies to a director of VLA in respect of the office of director.

(3)The chief executive officer is not eligible to be appointed to be the chairperson or any other director.

12CTerms and conditions of appointment of directors

(1)A director of VLA shall be appointed for such term as is specified in the instrument of appointment, not exceeding 3 years.

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(2)A director of VLA is eligible for re-appointment.

(3)A director of VLA holds office, subject to this Part, on such terms and conditions as are specified in the instrument of appointment.

(4)A director of VLA holds office on a part-time basis.

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12DVacancies, resignations, removal of directors from office

(1)The office of a director of VLA becomes vacant if the director—

(a)without the board's approval, fails to attend 3 consecutive meetings of the board; or

(b)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; or

(c)is convicted of an indictable offence or an offence which, if committed in Victoria, would be an indictable offence.

(2)A director of VLA may resign by writing delivered to the Attorney-General for transmission to the Governor in Council.

(3)The Governor in Council may remove a director of VLA, or all such directors, from office.

(4)If a director of VLA—

(a)is convicted of an offence relating to his or her duties as a director; or

(b)fails, without reasonable excuse, to comply with section 12J—

the director must be removed from office by the Governor in Council.

12EActing chairperson

(1)The Governor in Council may appoint a person nominated by the Attorney-General to act as chairperson—

(a)during a vacancy in the office; or

(b)during any period or all periods when the chairperson is absent from duty or from the State or is for any other reason unable to perform the duties of his or her office.

(2)While so acting, the person appointed under subsection (1) has all the powers and may perform all the functions and duties conferred by this Act or any other Act on the chairperson.

(3)An appointment under subsection (1) is on the terms and conditions determined by the Governor in Council but in the case of an appointment to act during a vacancy, must not be for a period of more than 12 months.

(4)A person appointed under subsection (1) may resign by writing delivered to the Attorney-General for transmission to the Governor in Council.

(5)The Governor in Council may at any time terminate an appointment under subsection (1).

(6)If a person is acting as chairperson in accordance with subsection (1)(b) and the office of chairperson becomes vacant while he or she is so acting, the appointment continues until—

(a)it is terminated by the Governor in Council; or

(b)the vacancy is filled; or

(c)the expiration of 12 months after the date on which the vacancy occurred—

whichever first occurs.

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12GValidity of decisions of board

(1)An act or decision of the board of VLA is not invalid merely because of—

(a)a defect or irregularity in, or in connection with, the appointment of a director; or

(b)a vacancy in the membership of the board, including a vacancy arising from the failure to appoint an original director.

(2)Anything done by or in relation to a person purporting to act as chairperson or as a director is not invalid merely because—

(a)the occasion for the appointment had not arisen; or

(b)there was a defect or irregularity in relation to the appointment; or

(c)the appointment had ceased to have effect; or

(d)the occasion for the person to act had not arisen or had ceased.

12HProceedings of board

(1)Subject to subsection (2), meetings of the board of VLA shall be held at such times and places as the board determines.

(2)The chairperson may at any time convene a meeting but must do so when requested by a director.

(3)Four directors constitute a quorum of the board.

(4)A question arising at a meeting shall be determined by a majority of votes of directors present and voting on that question and, if voting is equal, the person presiding has a casting, as well as a deliberative, vote.

(5)The board must ensure that minutes are kept of each of its meetings.

(6)Subject to this Part, the board may regulate its own proceedings.

12IResolutions without meetings

(1)If all the directors of VLA for the time being (other than a director who is absent from Australia when the other directors sign) sign a document containing a statement that those directors are in favour of a resolution in terms set out in the document, a resolution in those terms shall be taken to have been passed at a meeting of the board held on the day on which the document is signed or, if the directors do not sign it on the same day, on the day on which the last director to sign signs the document.

(2)If a resolution is, under subsection (1), taken to have been passed at a meeting of the board, each director must be advised as soon as practicable and given a copy of the terms of the resolution.

(3)For the purposes of subsection (1), two or more separate documents containing a statement in identical terms, each of which is signed by one or more directors, shall be taken to constitute one document.

12JDisclosure of interests

(1)If—

(a)a director of VLA has a direct or indirect pecuniary interest in a matter being considered, or about to be considered, by the board; and

(b)the interest could conflict with the proper performance of the director's duties in relation to the consideration of the matter—

the director, as soon as practicable after the relevant facts come to the director's knowledge, must disclose the nature of the interest at a meeting of the board.

(2)A disclosure under subsection (1) must be recorded in the minutes of the meeting and, unless the board otherwise determines, the director—

(a)must not be present during any deliberation of the board in relation to the matter; and

(b)must not take part in any decision of the board in relation to the matter.

12JARole of chief executive officer

The chief executive officer—

(a)has control of the day to day administration of the affairs of VLA in accordance with—

(i)the strategic plans and annual corporate plans; and

(ii)the policies, priorities and strategies determined by the board; and

(iii)any directions given to the chief executive officer by the board; and

(b)may exercise any power delegated to the chief executive officer by the board; and

(c)subject to directions of the board, may, by instrument, delegate to an officer of VLA—

(i)any power of the chief executive officer under this Act, other than this power of delegation; or

(ii)any power delegated to the chief executive officer by VLA.

12JBAppointment of chief executive officer

(1)The board, with the approval of the Attorney-General, may appoint a person as chief executive officer of VLA.

(2)The Public Administration Act 2004 (other than Part 3 of that Act) applies to the chief executive officer of VLA in respect of the office of chief executive officer.

(3)A director of VLA is not eligible to be appointed as chief executive officer.

12JCTerms and conditions of appointment of chief executive officer

(1)The chief executive officer is appointed for the period, not exceeding 5 years, specified in the instrument of appointment.

(2)The chief executive officer is eligible for re‑appointment.

(3)The chief executive officer is appointed on the terms and conditions (including remuneration and allowances) specified in the instrument of appointment.

(4)The chief executive officer may hold office on a full-time or part-time basis.

12JDVacancy, resignation, removal from chief executive officer's office

(1)The office of the chief executive officer becomes vacant if the chief executive officer—

(a)becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the officer's creditors or makes an assignment of the officer's remuneration for their benefit; or

(b)is convicted of an indictable offence or an offence which, if committed in Victoria, would be an indictable offence.

(2)The chief executive officer may resign by notice in writing delivered to the board.

(3)The board, with the Attorney-General's approval, may remove the chief executive officer from office.

12JEActing chief executive officer

(1)Subject to this section, the board may appoint a person to act as chief executive officer—

(a)during a vacancy in the office; or

(b)during any period or all periods when the chief executive officer is absent from duty or from the State or is for any other reason unable to perform the duties of that office.

(2)An appointment under subsection (1) must not be for a period of more than 6 months.

(3)Subject to subsection (4), an acting chief executive officer is eligible for re‑appointment.

(4)The Attorney-General's approval is required for the re‑appointment of an acting chief executive officer if the re‑appointment would result in the person having been appointed to act as chief executive officer for more than 6 months in any one 12 month period.

(5)Subject to subsections (2) and (6), an appointment under subsection (1) is on the terms and conditions determined by the board.

(6)An appointment under subsection (1) must be on terms not more favourable than those applying to the chief executive officer.

(7)While so acting, the person appointed under subsection (1) has all the powers and may perform all the functions and duties conferred by this Act or any other Act on the chief executive officer.

(8)The Public Administration Act 2004 (other than Part 3 of that Act) applies to an acting chief executive officer of VLA in respect of the office of acting chief executive officer.

12JFValidity of decisions of chief executive officer

(1)An act or decision of the chief executive officer is not invalid merely because of a defect or irregularity in, or in connection with, the appointment of the chief executive officer.

(2)Anything done by or in relation to a person purporting to act as chief executive officer is not invalid merely because—

(a)the occasion for the appointment had not arisen; or

(b)there was a defect or irregularity in relation to the appointment; or

(c)the appointment had ceased to have effect; or

(d)the occasion for the person to act had not arisen or had ceased.

12KCommunity consultative committee

(1)There shall be established a community consultative committee.

(2)The function of the committee is to make recommendations to the board in relation to any matter referred to the committee by the board.

(3)The committee must consist of not less than 2 members of whom—

(a)one shall be a person nominated by the Federation of Community Legal Centres; and

(b)one shall be a person representing staff of VLA nominated by the staff—

and any other person or persons who may be appointed by the board to be members of the committee.

(4)If the Federation of Community Legal Centres or the staff of VLA do not within one month after receiving a request in writing from the board to submit a nomination for the purposes of this section, submit a nomination, the board may appoint a person whom the board considers appropriate and that person shall be deemed to have been nominated by the Federation of Community Legal Centres or the staff of VLA, as the case may be.

(5)Subject to directions of the board, the committee may regulate its own procedure.

12LTerms and conditions of appointment to community consultative committee

(1)A member of the community consultative committee holds office for the period, not exceeding 3 years, specified in the instrument of appointment and is eligible for re-appointment.

(2)The board may in the instrument of appointment of a member of the committee specify terms and conditions of appointment.

(3)The board may remove a member of the committee from office at any time.

(4)A member may resign his or her office in writing given to the board.

(5)A member of the committee is entitled to be paid any fees for attendance at meetings of the committee and allowances that are determined by the board in relation to that member.

12LACollaborative planning committee

(1)There shall be established a collaborative planning committee.

(2)The function of the committee is to provide evidence-based advice and recommendations to the board in relation to—

(a)the legal and related needs of the community; and

(b)the provision of legal aid; and

(c)VLA's functions under section 6(1)(ab) and (ac).

(3)The committee—

(a)must consist of—

(i)an employee or officer of VLA (other than a director of the board) appointed by the board; and

(ii)a person nominated by the Federation of Community Legal Centres; and

(iii)a person nominated by the Law Institute; and

(iv)a person nominated by the Victorian Bar; and

(v)a person nominated by the Department of Justice and Regulation; and

(vi)a person nominated by the Victoria Law Foundation; and

(b)may additionally consist of no more than 3 persons nominated by the committee.

(4)In nominating a person as described in subsection (3)(b), the committee must have regard to the need for the committee to have experience and expertise that is relevant to its functions.

(5)On receiving a nomination referred to in subsection (3)(a)(ii), (iii), (iv), (v), (vi) or (3)(b), the board must appoint the nominated person to the committee.

(6)The committee may regulate its own procedure.

(7)The committee is to have a chairperson, who is to be appointed by the committee in accordance with the committee's procedures.

12LBTerms and conditions of appointment to collaborative planning committee

(1)A member of the collaborative planning committee holds office for the period, not exceeding 3 years, specified in the instrument of appointment and is eligible for re-appointment.

(2)The board may, in the instrument of appointment of a member of the committee, specify terms and conditions of the appointment.

(3)A member, other than a member who is employed under Part 3 of the Public Administration Act 2004, is entitled to be paid the remuneration and allowances fixed in the instrument of appointment by the board.

(4)A member of the committee may resign from that office in writing given to the board.

12LCReports of collaborative planning committee

(1)The collaborative planning committee may give the board recommendations in the form of a report that includes a request for a response.

(2)The board must provide a response within 3 months of receiving a report under subsection (1).

(3)The board's response must set out the action (if any) that has been taken, or will be taken, in relation to the recommendations in the report.

(4)Nothing in this section prevents the collaborative planning committee from giving recommendations to the board other than in accordance with this section.

12MAttorney-General may give directions to the board

(1)The Attorney-General may give to the board written directions in relation to—

(a)the performance of the functions or exercise of the powers of VLA;

(b)the policies, priorities or guidelines of VLA, including priorities in the funding of legal aid;

(c)the provision of legal aid by VLA in accordance with a legal aid arrangement.

(1A)The Attorney-General may only give a direction under subsection (1)(c) if that direction has been requested in writing by the Commonwealth Attorney-General after the Commonwealth Attorney-General has consulted with the Attorney-General and VLA.

(2)A direction under subsection (1) must not relate to the grant of legal aid to any specific person.

(3)The board must comply with any direction given under subsection (1).

(4)A direction has effect when written notice of the direction is received by the chairperson.

(5)The Attorney-General must cause a copy of a direction given under this section to be tabled in each House of the Parliament within 10 sitting days of the House after notice of the direction is given.

12MA   Directions regarding funding of community legal services

(1)The Attorney-General may give the board a written direction requiring that the total amount paid out of the Fund to community legal services in a financial year must not be below a specified amount.

(2)The Attorney-General may specify an amount referred to in subsection (1) by specifying a method for calculating that amount.

(3)The board must comply with any direction given under subsection (1).

(4)The Attorney-General may vary or revoke a direction under subsection (1).

12MB Strategic plan

(1)VLA must, in respect of each applicable period—

(a)prepare a plan regarding VLA's strategy for its operation during that period; and

(b)submit the plan to the Attorney-General on or before the day specified for that period by the Attorney-General by notice in writing given to VLA.

(2)The applicable periods are the consecutive periods of 4 years, the first of which begins on 1 July 2018.

(3)The Attorney-General may specify that the strategic plan for the first applicable period is to be submitted on a day that is later than 1 July 2018.

(4)The strategic plan for an applicable period must—

(a)set out—

(i)the intended achievements and financial projections of VLA for that period; and

(ii)the matters which VLA intends to prioritise or have regard to when making decisions during that period; and

(b)be in a form agreed to by VLA and the Attorney-General.

(5)No later than one month after a strategic plan is received by the Attorney-General, the Attorney-General may—

(a)approve the plan; or

(b)request VLA to amend the strategic plan.

(6)If, by the end of the period referred to in subsection (5), the Attorney-General has not taken an action referred to in subsection (5)(a) or (b), the Attorney-General is taken to have approved the strategic plan.

(7)If the Attorney-General requests amendments under subsection (5)(b), VLA must—

(a)consult the Attorney-General about the requested amendments; and

(b)amend the plan as agreed with the Attorney-General; and

(c)submit the amended plan no later than 2 months after the amendments were requested.

(8)VLA may, with the Attorney-General's agreement, amend a strategic plan approved by the Attorney-General.

(9)VLA must publish a strategic plan on its internet site—

(a)as soon as practicable after it is approved by the Attorney-General; and

(b)if the plan is later amended under subsection (8), as soon as practicable after that amendment.

12MC Annual corporate plan

(1)Before 31 August in each year, VLA must—

(a)prepare a plan in accordance with this section for the financial year that begins in that year; and

(b)submit the plan to the Attorney-General.

(2)The corporate plan for a financial year must—

(a)set out—

(i)VLA's budget for that financial year, including the total amount that is to be paid out of the Fund to community legal services in that year; and

(ii)the priorities, intended achievements and intended activities for that financial year; and

(iii)the financial projections of VLA for that financial year; and

(b)be consistent with—

(i)each strategic plan that applies to any part of that financial year; and

(ii)any direction given under section 12MA(1) for that financial year; and

(c)be in a form agreed to by VLA and the Attorney-General.

(3)No later than one month after a corporate plan is received by the Attorney-General, the Attorney-General may give VLA comments on the corporate plan.

(4)If, by the end of the period referred to in subsection (3), the Attorney-General has not given VLA comments in accordance with that subsection, VLA must publish the corporate plan on its internet site as soon as practicable.

(5)If the Attorney-General gives comments under subsection (3), the following provisions apply—

(a)VLA may amend the corporate plan having regard to the comments; and

(b)no later than one month after comments are given, VLA must—

(i)publish the plan, incorporating any amendments made under paragraph (a), on its internet site; and

(ii)if the plan was amended, give a copy of the amended plan to the Attorney-General.

12NAnnual report

(1)VLA must each September furnish to the Attorney-General a report of the operations of VLA during the year ending on 30 June of that year together with the audited financial statements in respect of that year.

(1A)The annual report for a financial year must set out the operations of VLA by reference to, or comparison with, the budget, intended achievements, intended activities and financial projections set out in the corporate plan for that financial year.

(2)The Attorney-General must cause the annual report and the audited financial statements to be laid before both Houses of Parliament as soon as practicable after receipt or, if Parliament is not then sitting, as soon as practicable after the next meeting of Parliament.

(3)Subject to subsection (4) but despite any other provision in this Act, VLA—

(a)may at any time furnish to the Attorney-General any report it considers necessary; and

(b)must provide without delay to the Attorney-General any information that the Attorney-General may require in relation to any matter dealt with by VLA.

(4)VLA is not required to provide information of the kind referred to in section 43 unless the assisted person concerned consents to the provision of the information.

12OQuarterly reports

(1)No later than 2 months after the end of a quarter, VLA must prepare and publish a quarterly report on VLA's internet site.

(2)The quarterly report for a quarter must—

(a)set out—

(i)VLA's financial performance for that quarter; and

(ii)a projection of VLA's financial performance for the next quarter; and

(iii)VLA's service delivery performance for that quarter; and

(iv)a projection of VLA's service delivery performance for the next quarter; and

(b)measure those performances and projected performances against indicators specified by the Attorney-General by notice in writing given to VLA.

(3)For the purposes of this section, each of the following periods is a quarter—

(a)the period beginning on 1 January and ending on 31 March;

(b)the period beginning on 1 April and ending on 30 June;

(c)the period beginning on 1 July and ending on 30 September;

(d)the period beginning on 1 October and ending on 31 December.

PART III—OFFICERS OF COMMISSION

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15Officers and employees

(1)VLA may employ any officers and employees necessary for the purposes of this Act.

(2)VLA must consult with the Secretary to the Department of Justice on the terms and conditions of employment of officers and employees.

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(4)VLA, if it is practicable to do so, shall make reciprocal arrangements with other legal aid commissions for the purpose of facilitating the transfer of staff between VLA and any of those other legal aid commissions.

16VLA and its officers are subject to legal professional standards and duties

(1)VLA or an officer of VLA when engaging in legal practice—

(a)must observe the same rules and standards of professional conduct and ethics as those that a legal practitioner is, by law or a custom of the legal profession, required to observe in engaging in legal practice; and

(b)is subject to the same professional duties as those to which a legal practitioner is subject, by law or a custom of the legal profession, in engaging in legal practice.

(2)For the purpose of the application of subsection (1) in respect of a member of staff of VLA who is providing legal services to a person—

(a)VLA is deemed to be a law practice retained by the person to act on the person's behalf; and

(b)the members of staff of VLA are deemed to be employed by that law practice.

(3)For the purposes of this section, a reference to engaging in legal practice or providing legal services includes a reference to exercising a right of audience in a court.

(4)VLA must indemnify an officer of VLA against any negligent act or omission by the officer in the course of the performance of his or her duties or in good faith in the purported performance of those duties.

(5)Parts 4.2 and 4.5 of the Legal Profession Uniform Law (Victoria) apply to the VLA as if it were an incorporated legal practice.

17In any proceeding signature of officer of VLA deemed to be signature of legal practitioner for a party to the proceeding

Where in any proceedings a document is required or permitted to be signed by a legal practitioner for a party to the proceedings who is an assisted person, the signature of an officer of VLA authorised by the Board to sign documents on behalf of VLA for the purposes of this section, shall be deemed to be the signature of the legal practitioner for that party.

PART IV—INDEPENDENT REVIEWERS

18Panel of independent reviewers

(1)The Attorney-General may appoint a panel of independent reviewers for the purposes of this Act consisting of—

(a)an eligible person appointed as chairperson of the panel; and

(b)as many other eligible persons appointed as members of the panel as are required.

(2)A person is eligible to be appointed as a panel member if—

(a)he or she is not a director of VLA, the chief executive officer or an officer or employee of VLA; and

(b)he or she is a person with knowledge and experience that, in the opinion of the Attorney-General, is relevant to the functions of an independent reviewer.

(3)A panel member—

(a)holds office for the term (not exceeding 3 years) specified in the instrument of appointment;

(b)is eligible for re-appointment;

(c)is, while acting as an independent reviewer, entitled to be paid the remuneration and allowances (if any) fixed in respect of him or her by the Governor in Council from time to time.

(4)The Public Administration Act 2004 (other than Part 3 of that Act) applies to a panel member in respect of the office of panel member.

(5)The Attorney-General may, in the instrument of appointment of a panel member, specify terms and conditions of appointment.

(6)The Attorney-General may at any time remove a panel member from office.

(7)A panel member may resign from office by delivering to the Attorney-General a signed letter of resignation.

19Functions of independent reviewers

(1)The functions of a member of the panel of independent reviewers are—

(a)to exercise any powers or carry out any functions delegated to him or her by VLA;

(b)when appointed by the chairperson of the panel to do so, to review decisions of VLA or of an officer of VLA or of another independent reviewer with respect to—

(i)refusal to provide legal assistance of the nature or to the extent applied for;

(ii)the conditions on which legal assistance will be provided;

(iii)the variation or termination of legal assistance;

(iv)the allocation of work amongst law practices;

(c)to hear and determine any matter referred to him or her under section 30;

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(1A)For the purposes of subsection (1), VLA is deemed to be a law practice.

(2)An independent reviewer may, in the interest of justice, reconsider any decision that he or she has made and vary or reverse that decision if he or she considers it necessary.

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PART V—PROVISION OF LEGAL ASSISTANCE

23Applications for legal assistance

(1)An application for legal assistance, other than legal assistance of a class prescribed as exempted from the provisions of this subsection, shall be in writing in or to the like effect of the form approved by VLA.

(2)An application for legal assistance may be lodged at or posted to—

(a)any office of VLA; or

(b)a venue of the Magistrates' Court.

(3)An application lodged at or posted to a venue of the Magistrates' Court must be forwarded immediately to VLA or as VLA may from time to time direct.

(4)VLA may, in special circumstances, treat an application that does not comply with all the requirements of subsection (1) as having been duly made.

(5)An applicant for legal assistance shall furnish to VLA such information and such declarations and other documents as VLA requires for the purpose of enabling a decision to be made as to whether legal assistance should be granted in respect of the application.

24Circumstances in which legal assistance may be provided

(1)VLA may provide legal assistance to a person if—

(a)in its opinion the person is in need of that legal assistance by reason that he is unable to afford the full cost of obtaining from a private legal practitioner the legal services in respect of which the legal assistance is sought; and

(b)it is reasonable having regard to all relevant matters to provide the legal assistance.

(2)In the making of a decision whether legal assistance shall be provided to a person charged with—

(a)an indictable offence;

(b)a summary offence in circumstances where the person could have been proceeded against for the same offence by indictment; or

(c)an indictable offence which by consent has ceased to be indictable—

if VLA is of opinion that it is desirable in the interests of justice that the person should have legal representation, regard shall be had only to the matters referred to in paragraph (a) of subsection (1).

(2A)In the making of a decision whether legal assistance is to be provided to a person who is subject to a supervision order under Part 5 or 5A of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (including a person who is deemed to be subject to a custodial supervision order by force of clause 2 of Schedule 3 to that Act) in relation to any proceeding under that Act with respect to that supervision order, VLA is to have regard only to the matters referred to in subsection (1)(b).

(3)In the making of a decision whether a person is in need of legal assistance by reason that he is unable to afford the full cost of obtaining from private legal practitioners the legal services in respect of which the legal assistance is sought, regard shall be had to all relevant matters, including the following matters—

(a)the income of the person;

(b)the cash that is readily available to the person or can be made so available;

(c)the debts, liabilities and other financial obligations of the person;

(d)the cost of living in the locality in which the person resides;

(e)the cost of obtaining the legal services from private legal practitioners; and

(f)any other matters affecting the ability of the person to meet the full cost of obtaining the legal services from private legal practitioners—

but, without limiting the generality of the preceding provision of this section—

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(ii)the assets and financial circumstances of a person who is involved only in a representative, fiduciary or official capacity—

shall not be taken into account as affecting the ability of the person to meet the cost of obtaining the legal services from private legal practitioners.

(4)In the making of a decision whether it is reasonable in all the circumstances to provide legal assistance to a person, regard shall be had to all relevant matters, including—

(a)the nature and extent of any benefit that may accrue to the person, to the public or to any section of the public from the provision of the assistance or of any detriment that may be suffered by the person, by the public or by any section of the public if the assistance is not provided;

(b)in the case of assistance in relation to a proceeding in a court other than a criminal appeal—whether the proceeding is likely to terminate in a manner favourable to the person; and

(c)in the case of assistance in relation to a criminal appeal—whether there are reasonable grounds for the appeal.

(5)Except where a reciprocal arrangement is made pursuant to section 7(e) with another legal aid commission, legal assistance shall not be provided under this Act to a person who is not ordinarily resident in the State unless the assistance relates to—

(a)a proceeding in a court in the State; or

(b)a matter arising under the law in force in the State.

(6)Legal assistance shall not be provided under this Act to a person in or in connexion with a review under Part VI.

(7)This section is subject to any legal aid arrangement.

25Legal assistance may be provided notwithstanding that the interests of the assisted person are adverse to the State or the Commonwealth

Legal assistance may be provided under this Act to a person in relation to any matter notwithstanding that the interests of that person are, or may be, adverse to the interests of the State or the Commonwealth, the interests of an authority or body established for a public purpose by a law of the State or the Commonwealth or the interests of an incorporated company in which the State, the Commonwealth or such an authority or body has an interest.

26Certain legal aid provided without charge

(1)Legal aid provided under this Act by way of—

(a)duty lawyer services; or

(b)legal advice—

shall, subject to subsection (2), be provided without charge.

(2)Where legal advice is being provided to a person under this Act and it appears to an officer of VLA or a private legal practitioner that the legal advice required by the person is likely to be of a substantial or continuing nature, the officer or private legal practitioner may require the person to make an application for legal assistance in accordance with section 23, and where such a requirement is made subsections (1) and (4) of that section and sections 24, 27 and 33 shall apply to the application.

27Conditions

(1)The granting under this Act of an application by a person for legal assistance, other than legal assistance to which section 26(1) applies, may be on the basis that the assistance will be provided without charge or may be subject to all or any of the following conditions—

(a)a condition that the person pays to VLA or as directed by VLA a contribution of a specified amount or an amount to be specified towards the cost to VLA of providing the assistance and that the person is or may be required to pay interest on the specified amount or amount to be specified, upon any terms and conditions determined by VLA; and

(b)a condition that the person makes a payment or payments to VLA or as directed by VLA in respect of any out-of-pocket expenses incurred, or to be incurred, by VLA in providing the assistance and that the person is or may be required to pay interest on the payment or payments incurred or to be incurred, upon any terms and conditions determined by VLA; and

(c)a condition that the cost or part of the cost, and any interest payable on the whole or the part of the cost to VLA of providing assistance be secured—

(i)by a charge under section 47A(1) over any land or a charge over any other property which is recovered or preserved for that person in the proceedings; or

(ii)in any other manner VLA thinks fit over any property, whether land or any other property, in which the person has an interest or in which the person acquires an interest during the period of assistance.

(1A)VLA must advise the applicant in writing before imposing any condition under subsection (1)(c) on the provision of legal assistance.

(1B)VLA may not impose a condition under subsection (1) requiring a person to pay a rate of interest which exceeds 70% of the rate fixed under section 2 of the Penalty Interest Rates Act 1983.

(1C)If VLA has imposed a condition under subsection (1) requiring a person to pay interest on any amount payable to VLA, interest must not accrue until 30 days after VLA has communicated to the assisted person under section 33—

(a)its decision to impose a condition requiring the payment of the amount; and

(b)its decision to impose the condition requiring the payment of interest.

(1D)If communication of one decision to impose a condition is given at a different time from the other, interest must not accrue until 30 days after the later communication.

(2)An amount required to be paid by an assisted person under this section shall be paid or secured in such manner and within such time as VLA directs.

(3)If a person who is or has been an assisted person has not paid an amount payable by him to VLA under this section, the amount is recoverable by VLA by action in a court of competent jurisdiction as a debt due and payable to VLA.

(4)All money paid by persons in accordance with a condition imposed under subsection (1) on account of costs or out-of-pocket expenses in advance of legal assistance to be provided by VLA—

(a)is not required to be treated as trust money within the meaning of the Legal Profession Uniform Law (Victoria), despite anything to the contrary in that Act; and

(b)must be paid into the Fund.

27ARefund of money paid in accordance with section 27

If a person has paid money in accordance with a condition imposed under section 27 on account of costs or out-of-pocket expenses in advance of legal assistance to be provided by VLA and that assistance is not provided, VLA must refund to that person any unexpended part of that money out of the Fund.

28Decisions relating to the provision of legal services

Where a decision is made to provide legal assistance under this Act, VLA or the independent reviewer (as the case may be) shall also decide in accordance with guidelines determined by VLA in pursuance of sections 8 and 9—

(a)whether the legal assistance should be provided by making available the services of a private legal practitioner, whether the legal assistance should be provided by making available the services of an officer of VLA or whether both such services should be provided;

(b)the nature and extent of the legal assistance to be provided; and

(c)whether the legal assistance is to be provided without charge or subject to all or any of the conditions referred to in section 27(1).

29Variation of a decision to provide legal assistance

A decision to provide legal assistance to a person under this Act may be varied at any time so as to—

(a)terminate the provision of legal assistance;

(b)alter the nature or extent of the legal assistance (including the variation of a decision relating to the person or persons who will provide legal services);

(c)make the provision of the legal assistance subject to conditions; or

(d)alter a condition to which the provision of the legal assistance is subject.

29APractitioner panels

(1)VLA may establish different panels for—

(a)different classes of matters in relation to which legal assistance may be provided under this Act; or

(b)different parts of the State—

and may determine the conditions subject to which a private law practice or private legal practitioner may be included on any such panel.

(2)If VLA proposes to establish a panel under subsection (1) or include additional names on an established panel, it must, by notice published in a daily newspaper circulating generally throughout Victoria or in the relevant part of the State (as the case requires), invite expressions of interest from private law practices or private legal practitioners in having their names included on the panel.

(3)A notice under subsection (2)—

(a)must be published not later than 21 days before the panel is established by VLA or any additional name included on it, as the case requires; and

(b)must specify—

(i)the qualifications and experience that a private law practice or private legal practitioner included on the panel must have or the part of the State within which their principal place of practice must be located; and

(ii)the period (not exceeding 5 years) during which a private law practice or private legal practitioner may be included on the panel; and

(iii)the basis on which payment will be made to any private law practice or private legal practitioner included on the panel for services performed as a panel member on behalf of an assisted person; and

(iv)performance standards in relation to the provision of services by panel members; and

(v)requirements with respect to the making of reports to VLA and the keeping of records that must be complied with by panel members in respect of the performance of services on behalf of assisted persons; and

(vi)the grounds on which, and process by which, a private law practice or private legal practitioner may be removed from the panel.

(4)The name of a private law practice or private legal practitioner may be included on a panel whether or not their name is also included on a referral panel under section 30 or on another panel established under this section.

(5)A private law practice or private legal practitioner may be re-included on a panel after the expiry of the period for which they were included.

(6)A private law practice or private legal practitioner may, by writing to VLA, request that their name be removed from a panel and VLA must comply with that request.

(7)If the name of a private law practice is included on a panel, the names of all the private legal practitioners who are partners, directors or employees of the private law practice are deemed to be included on the panel.

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29BAssignment of case to practitioner panel

(1)VLA may assign the conduct of an assisted person's case to a private law practice or private legal practitioner included on a panel established under section 29A.

(2)If VLA assigns a case as mentioned in subsection (1), VLA must, on behalf of the assisted person, select a private law practice or private legal practitioner from the names on the panel.

30Selection of practitioner[2]

(1)If—

(a)legal services are to be performed on behalf of an assisted person by a private legal practitioner; and

(b)VLA has not assigned the conduct of the assisted person's case to a private legal practitioner chosen after VLA called for tenders to conduct the case; and

(c)VLA has not under section 29B assigned the conduct of the assisted person's case to a private law practice or private legal practitioner included on a panel established under section 29A—

the assisted person is entitled to select a private law practice from the names on a referral panel.

(2)If an assisted person does not wish to exercise the right to select a private law practice under subsection (1), VLA must, on that person's behalf, select a private law practice from the names on a referral panel.

(3)In selecting a private law practice under subsection (2), the paramount consideration is the interests of the assisted person but, subject to that consideration, VLA must allocate work equitably amongst the private law practices named on referral panels.

(4)A private law practice may apply to VLA for inclusion on a referral panel.

(5)A private law practice is not eligible to apply under subsection (4) during any period—

(a)for which the private law practice is disqualified from applying in accordance with this section; or

(b)of removal under subsection (10) or (11).

(6)On receiving an application under subsection (4), VLA may—

(a)accept the application and include the name of the private law practice on a referral panel; or

(b)subject to subsection (14), refuse the application and may disqualify the private law practice from making another application under subsection (4) for a specified period.

(7)VLA must prepare and maintain panels of names of private law practices from the names of the private law practices that have applied under subsection (4) and been accepted for inclusion.

(8)If the name of a private law practice is included on a referral panel, the names of all the private legal practitioners who are partners, directors or employees of the private law practice are, by force of this subsection, also included on the panel, except the name of any of those legal practitioners that has been removed under this section.

(9)If the name of a sole practitioner is included on a referral panel, the names of all the practitioners who are employed by the sole practitioner are, by force of this subsection, also included on the panel, except the name of any of those practitioners employed by the sole practitioner which has been removed under this section.

*                *                *                *                *

(10)Subject to subsection (15), VLA may remove from a referral panel for a specified period the name of—

(a)any private law practice; or

(b)any private legal practitioner who is a partner, director or employee of a private law practice.

(11)Without limiting VLA's powers to refuse an application made under subsection (4) or remove a name from a referral panel, VLA may—

(a)refuse an application made under subsection (4) or remove from a referral panel the name of a private law practice if the name of a private legal practitioner who is a partner, director or employee of the private law practice is removed from the panel;

(b)remove from a referral panel the name of any private law practice that habitually takes an excessive time to defend persons charged with criminal offences.

(12)VLA may amend a referral panel—

(a)to remove the name of any private law practice that, or private legal practitioner who, has ceased to practise; or

(b)to record any change in name of a private law practice or private legal practitioner; or

(c)to remove a name in accordance with a request under subsection (13).

(13)A private law practice or a private legal practitioner may, by writing to VLA, request that their name be removed from a referral panel and VLA must comply with that request.

(14)Before refusing an application made under subsection (4), VLA must—

(a)give written notice to the applicant setting out—

(i)the reasons for the proposed refusal; and

(ii)the period of any proposed disqualification; and

(b)afford the applicant a reasonable opportunity to be heard and show cause why the application should not be refused or the disqualification should not be made.

(15)Before removing a name from a referral panel under subsection (10) or (11), VLA must—

(a)give written notice to the private law practice or private legal practitioner concerned setting out the reasons for the proposed removal; and

(b)afford them a reasonable opportunity to be heard and show cause why the removal should not be made.

(16)A notice given to a private law practice under subsection (14) or (15) may be given to any principal of the practice.

(16A)If a person wishes to be heard in accordance with subsection (14) or (15), the panel chairperson must appoint an independent reviewer to hear and determine the matter of the refusal, removal or disqualification.

(16B)Subject to this Act and the regulations (if any), in hearing and determining a matter under this section the reviewer—

(a)may consider any relevant matters as grounds for removal, refusal or disqualification and is not limited to consideration of the grounds set out in the notice provided by VLA under subsection (14)(a) or (15)(a);

(b)may—

(i)confirm, vary or refuse to confirm the proposed removal, refusal or disqualification; or

(ii)substitute his or her own determination for the proposed removal, refusal or disqualification—

and make a determination accordingly;

(c)may regulate his or her own proceedings.

(16C)The independent reviewer must determine a matter under this section as expeditiously as possible after the end of the hearing.

(16D)After hearing the matter, the independent reviewer must advise VLA of his or her determination.

(16E)An independent reviewer must keep records of his or her determinations and proceedings under this section.

(16F)VLA must give notice of its decision under subsection (6)(b), (10) or (11) or the determination of the independent reviewer under subsection (16A) to the private law practice or private legal practitioner concerned.

(17)An action does not lie against any director of the board any officer or employee of VLA or any member of a legal aid review committee on account of any proceedings taken or thing said or done in the course of or in relation to any proceedings or hearing under this section before the commencement of section 17(4) of the Law and Justice Legislation Amendment Act 1997 or, in the case of a member of a legal aid review committee, after that commencement in accordance with section 51.

(17A)A director or officer or employee of VLA or an independent reviewer is not personally liable for anything done or omitted to be done in good faith after the commencement of section 17(4) of the Law and Justice Legislation Amendment Act 1997—

(a)in the exercise of a power or the discharge of a duty under this section; or

(b)in the reasonable belief that the act or omission was in the exercise of a power or the discharge of a duty under this section.

(7)VLA may not require the payment of interest under subsection (6)(c) at a rate which exceeds 70% of the rate fixed under section 2 of the Penalty Interest Rates Act 1983.

*                *                *                *                *

48BCertificate of costs

In any proceedings a certificate signed by the chief executive officer stating the amount owed to VLA at the date of the certificate by any assisted person is evidence of the amount owed by that person at that date.

48CAssignment of right to recover money to VLA

(1)If—

(a)an assisted person has a right to recover money in respect of any matter for which that person has been given assistance under this Act; and

(b)the assisted person owes money in respect of that matter to VLA; and

(c)the assisted person has not recovered that money within a time which is, in the opinion of VLA, reasonable—

the person must, within 21 days after VLA has served a notice on him or her to do so, assign to VLA those rights and remedies which he or she has in respect of the recovery of that money which are specified by VLA in the notice.

(2)A person who does not comply with a notice under subsection (1) is to be taken to have assigned those rights and remedies to VLA on the expiration of 21 days after the service of the notice.

(3)VLA must pay to the assisted person any amount of money recovered by VLA through the exercise of a right or remedy assigned under this section which exceeds any money owing to VLA in respect of that matter and any of the costs to VLA of recovering the money.

49State may enter into agreements and arrangements

(1)The State may from time to time enter into an agreement or arrangement with the Commonwealth for or with respect to—

(a)the moneys to be made available by the Commonwealth, or by the State and the Commonwealth, for the purposes of legal aid;

(b)the priorities to be observed, in relation to moneys made available by the Commonwealth, in the provision of legal aid as between classes of persons or classes of matters, or both;

(c)the sharing of—

*                *                *                *                *

(ii)operational costs incurred in the provision of legal aid by VLA;

*                *                *                *                *

(f)any matter incidental to a matter mentioned in paragraph (a), (b) or (c).

(2)Any such agreement or arrangement shall, to the extent that it involves matters within the purview of VLA, be binding on VLA.

49AA VLA's power to enter legal aid arrangements

(1)Despite anything to the contrary in section 49, VLA may enter into legal aid arrangements.

(2)The Attorney-General must approve a legal aid arrangement before VLA enters into that arrangement.

49ASupreme Court—limitation of jurisdiction

It is the intention of this section to alter or vary section 85 of the Constitution Act 1975 to the extent necessary to prevent the bringing before the Supreme Court of an action of a kind referred to in section 30(17) or 40B.

49BSupreme Court—limitation of jurisdiction

(1)It is the intention of section 30(17A) to alter or vary section 85 of the Constitution Act 1975.

(2)It is the intention of section 35(3), as amended by section 17(11) of the Law and Justice Legislation Amendment Act 1997, to alter or vary section 85 of the Constitution Act 1975.

(3)It is the intention of section 36(3), as amended by section 17(15) of the Law and Justice Legislation Amendment Act 1997, to alter or vary section 85 of the Constitution Act 1975.

(4)It is the intention of section 30(18) as substituted by section 8 of the Legal Aid (Amendment) Act 1998 to alter or vary section 85 of the Constitution Act 1975.

50Regulations

The Governor in Council may make regulations for or with respect to—

(a)disseminating information to the public concerning the provisions of this Act;

(b)prescribing forms to be used and procedures to be followed under this Act;

(ba)prescribing times within which applications for the reconsideration or review of a decision under this Act must be made;

*                *                *                *                *

(d)generally all matters authorized or required to be prescribed for carrying into effect the provisions of this Act.

51Transitional provisions (1997 Amending Act)

(1)On the commencement of section 13 of the Law and Justice Legislation Amendment Act 1997, the directors of Victoria Legal Aid appointed under section 11(c) of this Act, as in force immediately before that commencement, go out of office.

(2)Victoria Legal Aid is to be taken to be the same body despite the changes made to the composition of its board of directors by section 13 of the Law and Justice Legislation Amendment Act 1997 and, except as otherwise provided by subsection (1), no act, proceeding, matter or thing is to be affected because of those changes.

(3)On the commencement of section 14 of the Law and Justice Legislation Amendment Act 1997, any legal aid review committee established under this Act that is in existence immediately before that commencement is abolished and its members go out of office.

(4)On the commencement of section 17(17) of the Law and Justice Legislation Amendment Act 1997, any legal aid appeal committee established under this Act that is in existence immediately before that commencement is abolished and its members go out of office.

(5)A matter before a legal aid review committee or a legal aid appeal committee that had not been determined by that committee as at the commencement of section 14 or 17(17) (as the case requires) of the Law and Justice Legislation Amendment Act 1997 must, until it is determined or until 1 August 1997 (whichever is the earlier), continue to be dealt with by that committee in accordance with this Act as if the Law and Justice Legislation Amendment Act 1997 had not been enacted.

(6)For the purpose of subsection (5) and despite anything to the contrary in this Act, a legal aid review committee or a legal aid appeal committee continues to exist until all matters referred to in that subsection have been determined by it or until 1 August 1997, whichever is the earlier.

(7)A matter referred to in subsection (5) that has not been determined by the legal aid review committee or the legal aid appeal committee (as the case requires) as at 1 August 1997 is to be dealt with by an independent reviewer in accordance with this Act and for that purpose—

(a)anything done in relation to the matter by the committee before that date is deemed to have been done by the independent reviewer; and

(b)the independent reviewer may have regard to any record of the committee relating to the matter.

(8)An application, request or complaint made, or other matter arising, before the commencement of section 14 or 17(17) of the Law and Justice Legislation Amendment Act 1997 (including a request under section 34(1) for reconsideration of a decision of a legal aid review committee) that under this Act as in force before that commencement would have been dealt with by a legal aid review committee or a legal aid appeal committee but was not before such a committee as at that commencement is to be dealt with by an independent reviewer in accordance with this Act.

52Transitional provisions: Legal Aid (Amendment) Act 1998

(1)Section 30 of this Act as in force immediately before the commencement of Part 4 of the Legal Aid (Amendment) Act 1998 continues to apply to—

(a)the taking of any action or the making of any decision by VLA under that section; and

(b)the hearing and determination of any matters by an independent reviewer under that section; and

(c)any application to the Supreme Court under section 30(18)—

which had begun before that commencement.

(2)Despite the substitution of section 30(18) of this Act by section 8 of the Legal Aid (Amendment) Act 1998, an application may be made to the Supreme Court under that subsection as in force immediately before the commencement of section 8 of that Act for an order setting aside an exclusion or removal that occurred—

(a)before the commencement of Part 4 of that Act; or

(b)after the commencement of Part 4 of that Act but to which section 30 as in force immediately before that commencement continues to apply by virtue of subsection (1)—

and that application may be dealt with and determined as if section 30(18) of this Act had not been so substituted.

53Saving provision—Justice Legislation (Evidence and Other Acts) Amendment Act 2016

Despite the amendment made to section 11 by section 12 of the Justice Legislation (Evidence and Other Acts) Amendment Act 2016, on and after the commencement of section 12—

(a)the board is taken to be the same body

as it was immediately before that commencement; and

(b)no decision, matter or thing is affected because of the amendment made by section 12; and

(c)a director of the board who held office immediately before that commencement continues in office, subject to this Act, on the same terms and conditions on which the director held office immediately before that commencement.

54Transitional provision—Justice Legislation Amendment (Access to Justice) Act 2018

(1)Despite the amendments made to section 11 by section 24 of the Justice Legislation Amendment (Access to Justice) Act 2018—

(a)the board is taken to be the same body as it was immediately before the commencement of those amendments; and

(b)no decision, matter or thing is affected because of those amendments; and

(c)a director of the board who held office immediately before that commencement continues in office, subject to this Act, on the same terms and conditions on which the director held office immediately before that commencement.

(2)On and after the day on which section 25 of the Justice Legislation Amendment (Access to Justice) Act 2018 comes into operation, the person who, immediately before that day, held the office of managing director under section 12A as in force immediately before that day—

(a)ceases to be a member of the board; and

(b)is taken to be appointed as chief executive officer for the remainder of the term that is specified in the instrument of appointment as managing director.

*                *                *                *                *

═══════════════

ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Legal Aid Commission Act 1978 was assented to on 19 December 1978 and came into operation as follows:

Section 4 on 4 April 1979: Government Gazette 4 April 1979 page 901; sections 1–3, 5–8, 12, 13, 15, 18, 19, 21, 22, 49–64 on 13 February 1980: Government Gazette 13 February 1980 page 498; rest of Act on 1 September 1981: Government Gazette 15 July 1981 page 2307.

Appointed day under section 51 is 1 September 1981.

The name of this Act was changed from the Legal Aid Commission Act 1978 to the Legal Aid Act 1978 by the Legal Aid Commission (Amendment) Act 1995, No. 48/1995 section 4.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms.  See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act.  See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act.  Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001.  Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. 
See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Legal Aid Act 1978 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Legal Profession Practice (Amendment) Act 1981, No. 9697/1981

Assent Date:	5.1.82
Commencement Date:	31.3.82: s. 1(3)
CurrentState:	All of Act in operation

Penalties and Sentences (Amendment) Act 1983, No. 9945/1983

Assent Date:	20.9.83
Commencement Date:	S. 3(1)(Sch. 1 item 34) on 20.12.83: Government Gazette 14.12.83 p. 4035
CurrentState:	This information relates only to the provision/s amending the Legal Aid Act 1978

Legal Aid Commission (Amendment) Act 1986, No. 10/1986

Assent Date:	8.4.86
Commencement Date:	1.5.86: Government Gazette 30.4.86 p. 1116
CurrentState:	All of Act in operation

Community Services Act 1987, No. 16/1987

Assent Date:	12.5.87
Commencement Date:	S. 4(3)(Sch. 1 item 13) on 22.2.89: Government Gazette 22.2.89 p. 386
CurrentState:	This information relates only to the provision/s amending the Legal Aid Act 1978

State Superannuation Act 1988, No. 50/1988

Assent Date:	24.5.88
Commencement Date:	S. 93(2)(Sch. 2 Pt 2 item 30) on 1.7.88: Government Gazette 1.6.88 p. 1487
CurrentState:	This information relates only to the provision/s amending the Legal Aid Act 1978

Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989

Assent Date:	14.6.89
Commencement Date:	S. 4(1)(a)–(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90 p. 2217
CurrentState:	All of Act in operation

Legal Aid Commission (Amendment) Act 1989, No. 61/1989 (as amended by Nos 48/1995, 35/1996, 44/1997)

Assent Date:	12.9.89
Commencement Date:	Ss 1–4, 6, 7, 9(1)(a)(f)–(n), 10, 11, 13–15 on 20.9.89: Government Gazette 20.9.89 p. 2403; s. 12 on 14.7.97: Special Gazette (No. 77) 10.7.97 p. 1; s. 8 on 28.7.97: Government Gazette 24.7.97 p. 1824; s. 9(1)(d)(i) never proclaimed, repealed by No. 35/1996 s. 453(Sch. 1 item 48(b)(i))
CurrentState:	This information relates only to the provision/s amending the Legal Aid Act 1978

Legal Aid Commission (Amendment) Act 1992, No. 38/1992

Assent Date:	16.6.92
Commencement Date:	12.8.92: Government Gazette 12.8.92 p. 2178
CurrentState:	All of Act in operation

Legal Aid Commission (Amendment) Act 1994, No. 14/1994

Assent Date:	3.5.94
Commencement Date:	3.5.94
CurrentState:	All of Act in operation

Financial Management (Consequential Amendments) Act 1994, No. 31/1994

Assent Date:	31.5.94
Commencement Date:	S. 4(Sch. 2 item 47) on 1.1.95: Government Gazette 28.7.94 p. 2055
CurrentState:	This information relates only to the provision/s amending the Legal Aid Act 1978

Legal Aid Commission (Amendment) Act 1995, No. 48/1995

Assent Date:	14.6.95
Commencement Date:	Pt 1 (ss 1–3) on 14.6.95: s. 2(1); rest of Act on 14.12.95: s. 2(3)
CurrentState:	All of Act in operation

Miscellaneous Acts (Omnibus Amendments) Act 1996, No. 22/1996

Assent Date:	2.7.96
Commencement Date:	Pt 5 (ss 13–15) on 2.7.96: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Legal Aid Act 1978

Legal Practice Act 1996, No. 35/1996

Assent Date:	6.11.96
Commencement Date:	S. 453(Sch. 1 items 47.1–47.15) on 1.1.97: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Legal Aid Act 1978

Law and Justice Legislation Amendment Act 1997, No. 44/1997

Assent Date:	11.6.97
Commencement Date:	Ss 12, 18, 24 on 11.6.97: s. 2(1); ss 14–17, 19–23 on 14.7.97: Special Gazette (No. 77) 10.7.97 p. 1; s. 13 on 1.7.98: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Legal Aid Act 1978

Legal Practice (Amendment) Act 1997, No. 102/1997

Assent Date:	16.12.97
Commencement Date:	S. 49(Sch. item 3) on 16.12.97: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Legal Aid Act 1978

Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998

Assent Date:	26.5.98
Commencement Date:	S. 7(Sch. 1) on 1.7.98: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Legal Aid Act 1978

Transfer of Land (Single Register) Act 1998, No. 85/1998

Assent Date:	17.11.98
Commencement Date:	S. 24(Sch. item 38) on 1.1.99: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Legal Aid Act 1978

Legal Aid (Amendment) Act 1998, No. 93/1998

Assent Date:	24.11.98
Commencement Date:	All of Act (except Pts 3, 4) on 24.11.98: s. 2(1); Pt 3 (ss 5, 6) Pt 4 (ss 7–12) on 1.1.99: s. 2(3)
CurrentState:	All of Act in operation

Legal Aid (Amendment) Act 2001, No. 76/2001

Assent Date:	27.11.01
Commencement Date:	28.11.01: s. 2
CurrentState:	All of Act in operation

Public Administration Act 2004, No. 108/2004

Assent Date:	21.12.04
Commencement Date:	S. 117(1)(Sch. 3 item 111) on 5.4.05: Government Gazette 31.3.05 p. 602
CurrentState:	This information relates only to the provision/s amending the Legal Aid Act 1978

Justice Legislation (Amendment) Act 2005, No. 17/2005

Assent Date:	24.5.05
Commencement Date:	Ss 3–5 on 25.5.05: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Legal Aid Act 1978

Legal Profession (Consequential Amendments) Act 2005, No. 18/2005

Assent Date:	24.5.05
Commencement Date:	S. 18(Sch. 1 item 57) on 12.12.05: Government Gazette 1.12.05 p. 2781
CurrentState:	This information relates only to the provision/s amending the Legal Aid Act 1978

Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006

Assent Date:	10.10.06
Commencement Date:	S. 26(Sch. item 58) on 11.10.06: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Legal Aid Act 1978

Justice Legislation Amendment Act 2007, No. 53/2007

Assent Date:	17.10.07
Commencement Date:	S. 22 on 18.10.07: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Legal Aid Act 1978

Justice Legislation Further Amendment Act 2009, No. 55/2009

Assent Date:	22.9.09
Commencement Date:	Ss 53, 54 on 30.10.09: Government Gazette 29.10.09 p. 2729
CurrentState:	This information relates only to the provision/s amending the Legal Aid Act 1978

Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009

Assent Date:	24.11.09
Commencement Date:	S. 97(Sch. item 76) on 1.1.10: Government Gazette 10.12.09 p. 3215
CurrentState:	This information relates only to the provision/s amending the Legal Aid Act 1978

Integrity and Accountability Legislation Amendment Act 2012, No. 82/2012

Assent Date:	18.12.12
Commencement Date:	S. 163 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 2; s. 310 on 11.2.13: s. 2(5)
CurrentState:	This information relates only to the provision/s amending the Legal Aid Act 1978

Legal Profession Uniform Law Application Act 2014, No. 17/2014 (as amended by No. 8/2015)

Assent Date:	25.3.14
Commencement Date:	S. 160(Sch. 2 item 55) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1
Current State:	This information relates only to the provision/s amending the Legal Aid Act 1978

Criminal Organisations Control and Other Acts Amendment Act 2014, No. 55/2014

Assent Date:	26.8.14
Commencement Date:	S. 149 on 31.10.14: Special Gazette (No. 330) 23.9.14 p. 1
CurrentState:	This information relates only to the provision/s amending the Legal Aid Act 1978

Integrity and Accountability Legislation Amendment (A Stronger System) Act 2016, No. 30/2016

Assent Date:	31.5.16
Commencement Date:	S. 82 on 1.7.16: Special Gazette (No. 194) 21.6.16 p. 1
Current State:	This information relates only to the provision/s amending the Legal Aid Act 1978

Justice Legislation (Evidence and Other Acts) Amendment Act 2016, No. 38/2016

Assent Date:	28.6.16
Commencement Date:	Ss 12–14 on 3.10.16: Special Gazette (No. 296) 27.9.16 p. 1
Current State:	This information relates only to the provision/s amending the Legal Aid Act 1978

Justice Legislation Amendment (Access to Justice) Act 2018, No. 15/2018

Assent Date:	29.5.18
Commencement Date:	Ss 22–36, 41 on 1.11.18: Special Gazette (No. 517) 30.10.18 p. 1; ss 11–21, 37–40 on 12.4.19: Special Gazette (No. 135) 9.4.19 p. 1
Current State:	This information relates only to the provision/s amending the Legal Aid Act 1978

Mental Health and Wellbeing Act 2022, No. 39/2022

Assent Date:	6.9.22
Commencement Date:	S. 844 on 1.9.23: s. 2(2)
Current State:	This information relates only to the provision/s amending the Legal Aid Act 1978

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3   Explanatory details

[1] Pt 2: Section 9 of the Legal Aid Commission (Amendment) Act 1995, No. 48/1995 (repealed) read as follows:

9Transitional provision—abolition of LACV

(1)In this section—

appointed day means the day on which section 6 comes into operation;

VLA has the same meaning as in the Principal Act;

former body means the Legal Aid Commission of Victoria established under section 3 of the Principal Act as in force immediately before the appointed day.

(2)On the appointed day—

(a)the former body shall be abolished and the members of the former body shall go out of office; and

(b)the Director of Legal Aid shall go out of office; and

(c)all rights, property and assets that, immediately before that day, were vested in the former body are, by force of this subsection, vested in VLA; and

(d)all debts, liabilities and obligations of the former body existing immediately before that day shall become, by force of this subsection, debts, liabilities and obligations of VLA; and

(e)VLA shall, by force of this subsection, be substituted as a party to any proceedings pending in any court to which the former body was a party immediately before that day; and

(f)VLA shall, by force of this subsection, be substituted as a party to any arrangement or contract entered into by or on behalf of the former body as a party and in force immediately before that day; and

(g)all officers or employees of the former body immediately before that day shall become, by force of this subsection, officers or employees (as the case requires) of VLA; and

(h)any reference to the former body in any Act or in any proclamation, Order in Council, rule, regulation, order, agreement, instrument, deed or other document whatsoever shall, so far as it relates to any period after that day and if not inconsistent with the context or subject-matter, be construed as a reference to VLA.

(3)A person transferred to VLA under subsection (2)(g) is to be regarded as—

(a)having been employed by VLA with effect from the appointed day; and

(b)having been so employed on the same terms and conditions as those that applied to the person, immediately before the appointed day, as an officer or employee of the former body; and

(c)having accrued an entitlement to benefits, in connection with that employment by VLA, that is equivalent to the entitlement that the person had accrued, as an officer or employee of the former body, immediately before the appointed day.

(4)The service of a person referred to in subsection (3) as an officer or employee of VLA is to be regarded for all purposes as having been continuous with the service of the person, immediately before the appointed day, as an officer or employee of the former body.

(5)A person referred to in subsection (3) is not entitled to receive any payment or other benefit by reason only of having ceased to be an officer or employee of the former body because of this Act.

(6)Nothing in this section prevents—

(a)any of the terms and conditions of employment of a person referred to in subsection (2) from being altered by or under any law, award or agreement with effect from any time after the appointed day;

(b)a person referred to in subsection (2) from resigning or being dismissed at any time after the appointed day in accordance with the then existing terms and conditions of his or her employment by VLA.

(7)Section 43 of the Principal Act continues to apply to—

(a)any document or information received by the former body or an officer of the former body or by a legal aid review committee or legal aid appeal committee or by a delegate of the former body or a person employed by the delegate before the appointed day; and

(b)any information or document supplied by the former body before the appointed day.

[2] S. 30: Section 27 of the Legal Aid Commission (Amendment) Act 1986, No. 10/1986 (repealed) read as follows:

27Referral panels

The referral panels prepared by the Commission under section 30 of the Principal Act before the commencement of this Act are deemed to have been prepared under section 30 as substituted by this Act.

[3] S. 48A (repealed): Section 14 of the Legal Aid Commission (Amendment) Act 1992, No. 38/1992 (repealed) read as follows:

14Transitional provision—charges

Section 48A of the Principal Act as in force immediately before the coming into operation of section 10(2) of this Act, continues to apply to any charge created by it as if section 10 of this Act had not been enacted.