Legal Aid Act Amendment Act 1990 (Qld)

115 LEG A L AMENDMEN T ACT ANALY SIS OF CONTENTS 1. Short title 2. Commencement 3. Citation 4. Amendment of s. 8. Constitution of Commission 5. New s. 10B Fees Committee 6. Amendment of s. 33. Arranging for services of private legal practitioners 7. Repeal of and new s. 50 Tenure of office 8. Amendment of s. 51. Remuneration and allowances 9. Amendment of s. 53. Resignation 10. Amendment of s. 54. Removal from office 11. "President" to be substituted for "Chairman" ANNO TRICESIMO NONO ELIZABE'THAE SECUNDAE REGINAE No. 6 of 1990 An Act to amend the LegalAid Act 1978 -1989 in certain particulars [ASSENTED TO 5TH APRIL, 1990]

116 Legal Aid Act Amendment Act 1990, No. 6 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title . This Act may be cited as the Legal Aid Act Amendment Act 1990. 2. Commencement . (1) Section 1 and this section commence on the date of assent. (2) The other provisions of this Act commence on a day or days to be appointed by Proclamation. 3. Citation. (1) In this Act the Legal Aid Act 1978-1989 is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the Legal Aid Act 1978-1990. 4. Amendment of s. 8 . Constitution of Commission . Section 8 of the Principal Act is amended by- (a) omitting subsections (1) and (2) and substituting the following subsections:- "(1) The Commission is constituted by- (a) two Commissioners nominated by the Council of the Law Society; (b) a Commissioner nominated by the Committee or other governing body of the Bar Association; (c) a Commissioner nominated by the Minister; (d) a Commissioner, nominated by the Minister, who is, in the opinion of the Minister, an appropriate person to represent the interests of legally assisted persons; (e) a Commissioner, nominated by the Minister, who is a person registered as a public accountant under the Public Accountants Registration Act 1946-1988; (f) a Commissioner nominated by the Queensland Association of Independent Legal Services; (g) two Commissioners nominated by the Attorney- General of the Commonwealth, at least one of whom shall be resident in Queensland; (h) the Director, who shall be a Commissioner ex officio; and (i) the Public Defender, who shall be a Commissioner ex officio. (2) The Governor in Council- (a) shall appoint the Commissioners (excluding the Director and the Public Defender);

Legal Aid Act Amendment Act 1990, No., 6 117 and (b) shall appoint one of the Commissioners as the President of the Commission, on the nomination of the Minister. All appointments shall be on a part-time basis."; (b) adding at the end of the section the following subsections:- "(5) The Public Defender may appoint a person to act as deputy Commissioner and, if the Public Defender is absent from a meeting of the Commission, the person is entitled to attend the meeting and while attending has all the powers, functions and duties of a Commissioner. (6) On the commencement of section 4 of the Legal AidAct Amendment Act 1990, the persons (excluding the Director) who, immediately before that commencement, constituted the Commission cease to hold office.". 5. New s. 10B . The Principal Act is amended by inserting after section 10A the following section:- "10B. Fees Committee . (1) There is established a sub- committee,,of the Commission, to be known as the Fees Committee, to make recommendations to the Commission on fees to be paid to private legal practitioners for services performed on behalf of legally assisted persons. (2) Before making a recommendation the Fees Committee shall consult the' Council of the Law Society and the Committee or other governing body of the Bar Association and shall take into account the views of those bodies. (3) The Fees Committee is constituted by- (a) the Commissioner nominated as such by virtue of being registered as a public accountant, who shall be the presiding officer of the Fees Committee; (b) a Commissioner nominated as such by the Council of the Law Society; (c) the Commissioner nominated as such by the Committee or other governing body of the Bar Association; (d) the Director; (e) the Commissioner nominated as such by the Minister pursuant to section 8 (1) (c); and (f) a Commissioner nominated as such by the Attorney- General of the Commonwealth and nominated as a member of the Fees Committee by the Attorney- General of the Commonwealth. (4) The presiding officer may at any time convene a meeting of the Fees Committee.

118 Legal Aid Act Amendment Act 1990, No. 6 (5) At a meeting of the Fees Committee, four members constitute a quorum. (6) If the presiding officer is not present at a meeting of the Fees Committee, the members present shall elect one of their number to preside at that meeting. (7) Questions arising at a meeting shall be determined by a majority of the votes of the members present and voting. (8) The member presiding at a meeting has a deliberative vote and, in the event of an equality of votes, has a casting vote. (9,) The Fees Committee may regulate the conduct of proceedings at its meetings as it thinks fit and shall keep minutes of those proceedings.". 6. Amendment of s. 33. Arranging for services of private legal practitioners . Section 33 of the Principal Act is amended by omitting subsection (19) and substituting the following subsection:- "(19) In determining the fees to be paid to private legal practitioners for the performance of services on behalf of legally assisted persons the Commission shall consult the Fees Committee established under section 10B and shall take into account the recommendations of the Committee.". 7. Repeal of and new s. 50 . The Principal Act is amended by repealing section 50 and substituting the following section:- "50. Tenure of office. (1) A Commissioner, other than the Director or the Public Defender, holds office for the period (not exceeding 3 years in any case) specified in the instrument of appointment. (2) A person who holds or has held office as Commissioner is eligible for re-appointment.". 8. Amendment of s. 51. Remuneration and allowances . Section 51 of the Principal Act is amended by inserting after "other than the Director" the words "or the Public Defender". 9. Amendment of s. 53 . Resignation . Section 53 of the Principal Act is amended by inserting after "other than the Director" the words "or the Public Defender". 10. Amendment of s. 54. Removal from office. Section 54 of the Principal Act is amended by omitting subsection (3) and substituting the following subsection:- "(3) Subsections (1) and (2) do not apply to a Commissioner who is also the Director or the Public Defender.". 11. "President " to be substituted for "Chairman ". The Principal Act is amended by omitting "Chairman" wherever it occurs in the provisions listed in the following table and substituting "President" in each case.

Legal Aid Act Amendment Act 1990, No. 6 119 Provision of Act TABLE No. of times substitution to be made 6 in the definition "Commissioner" 39 (2) 52 in the note to the section in the body of the section 55 in the note to the section (1) (2) (4) (5) (6) (7) 56 (2) (3) (5) (6) 65 in the note to the section (1) (2) 67 (2) (b) 68 (2) (4) (5) 75 (2) (4) (5) once once once once once 3 times once once once twice once once once once once once once twice once once once twice twice once once