Legal Aid Act Amendment and Public Defence Act Repeal Act 1991 (Qld)

9 LEGALAIDACT AMENDMEN T AND PUBLIC REPEAL ACT No. 3 of 1991 ANALYSIS OF CONTENTS PART 1-PRELIMINARY 1.1 Short title and citation 1.2 Commencement PART 2-AMENDMENT OF LEGAL AID ACT 1978-1990 2.1 Citation 2.2 Amendment of s. 3. Arrangement of Act 2.3 Amendment of s. 6. Interpretation 2.4 Amendment of s. 7. Establishment of Commission 2.5 Amendment of s. 8. Constitution of Commission 2.6 Amendment of s. 11. Duties of Commission 2.7 News. 11 A Appearance by Commission to assist Court 2.8 Amendment of s. 12. Guidelines for allocation of work 2.9 Amendment of s. 18. Director and Assistant Directors 2.10 Amendment of s. 19. Qualifications for appointment 2.11 Amendment of s. 21. Staff of Commission 2.12 Amendment of s. 23. Rights of officers of Commission in respect of legal practice 2.13 Amendment of s. 24. Solicitor on the record 2.14 Amendment of s. 25. Bringing services of Commission to public notice 2.15 Amendment of s. 26. Application for legal assistance 2.16 Amendment of s. 29. Circumstances in which legal assistance may be provided 2.17 Amendment of s. 33. Arrangement for services of private legal practitioners 2.18 New s. 36A Power of court or tribunal to recommend legal assistance 2.19 Amendment of s. 44. Application of Fund 2.20 Amendment of s. 47. Budget of Commission 2.21 Amendment of s. 49. Audit and financial statement 2.22 Amendment of s. 50. Tenure of office 2.23 Amendment of s. 51. Remuneration and allowances 2.24 Amendment of s. 53. Resignation 2.25 Amendment of s. 54. Removal from office 2.26 Amendment of s. 61. Acting appointments 2.27 Amendment of s. 81. Secrecy 2.28 Amendment of s. 83. Offence of misrepresentation 2.29 Repeal of s. 87. Saving Act No. 3 of 1974 2.30 Repeal of ss. 90 to 93 2.31 Repeal of ss. 95 to 97

10 PART 3-REPEAL AND TRANSITIONAL Division 1-Interpretation and repeal 3.1 Interpretation 3.2 Repeal of Public Defence Act Division 2 -Public Defender's Office Staff 3.3 Public Defender ' s Office staff become staff of Commission 3.4 Ex Public Defender's Office staff remain public servants 3.5 Cessation of public service office 3.6 Employer payments relating to ex Public Defender ' s Office staff 3.7 Claims for accrued leave against Commission by former public service staff 3.8 Former public service staff may re - enter Public Service Division 3-Transfer of property 3.9 Transfer of records and other property associated with operation of Public Defender's Office Division 4-Transitional legal assistance 3.10 Previous applications for legal aid 3.11 Provisions in respect of legal aid being provided by private legal practitioner 3.12 Provisions with respect to legal aid being provided by officers of the Public Defender's Office Division 5- Regulations 3.13 Transitional regulations PART 4-AMENDMENT OF LEGAL PRACTITIONERS ACTS AMENDMENT ACT 1968-1990 4.1 Citation 4.2 Amendment of s. 7. Qualifications for admission 4.3 Amendment of s. 8. Admission of certain solicitors as barristers PART 5-AMENDMENT OF QUEENSLAND LAW SOCIETY ACT 1952-1990 5.1 Citation 5.2 Amendment of s. 36E. Distributions from Contributions Fund

ueenslanb II ANNO QUADRAGESIMO ELIZABETHAE SECUNDAE REGINAE No. 3 of 1991 An Act to repeal the Public Defence Act 1974 , to amend the Legal Aid Act 1978-1990 and other Acts in certain particulars and for related matters [ASSENTED TO 6TH MARCH, 1991]

12 Legal Aid Act Amendment and Public Defence Act Repeal Act 1991, No. 3 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:- PART 1-PRELIMINARY 1.1 Short title and citation . This Act may be cited as the Legal Aid Act Amendment and Public Defence Act Repeal Act 1991. 1.2 Commencement . (1) Section 1.1 and this section commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1), the provisions of this Act or such of them as are specified in the Proclamation commence on the day or days appointed by Proclamation in respect of those provisions. PART 2-AMENDMENT OF LEGAL AID ACT 1978-1990 2.1 Citation . (1) In this Part, the Legal Aid Act 1978-1990 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Legal Aid Act 1978-1991. 2.2 Amendment of s. 3 . Arrangement of Act. Section 3 of the Principal Act is amended by omitting the expression "(ss. 25-36)" and substituting the expression "(ss. 25-36A)". 2.3 Amendment of s. 6 . Interpretation . Section 6 of the Principal Act is amended, in subsection (1), by- (a) omitting the definition "Commonwealth Legal Aid Commission"; (b) inserting after the definition "member of the staff of the Commission" the following definition:- "National Legal Aid Advisory Committee" means the National Legal Aid Advisory Committee established pursuant to section 7 of the Commonwealth Legal Aid Act 1977 of the Commonwealth as amended;"; (c) inserting after the definition "practising certificate" the following definition:- prescribed criminal proceeding" means- (a) a criminal proceeding before any court or tribunal except- (i) a Magistrates Court; and (ii) a Children's Court exercising jurisdiction other than that conferred by section 29 of the Children'sServices Act 1965-1989;

Legal Aid Act Amendment and Public Defence Act Repeal Act 1991, No. 3 13 (b) a proceeding before a justice taking an examination of witnesses in relation to an indictable offence punishable upon conviction by imprisonment for a term exceeding 14 years; and (c) any other proceeding, not being a civil proceeding, that the Commission determines;". 2.4 Amendment of s. 7. Establishment of Commission . Section 7 of the Principal Act is amended by adding at the end of the section the following subsection:- "(4) The Commission is- (a) a unit of the public sector within the meaning of the Public Sector Management Commission Act 1990; (b) a unit of public administration within the meaning of the Criminal Justice Act 1989-1990 and the Electoral and Administrative Review Act 1989-1990; and (c) a statutory body within the meaning of the FinancialAdministrationand Audit Act 1977-1990.". 2.5 Amendment of s. 8. Constitution of Commission . (1) Section 8 of the Principal Act is amended by- (a) in subsection (1) omitting paragraph (i) and substituting the following paragraph:- "(i) a Commissioner nominated as prescribed by the regulations to represent all officers of the Commission."; (b) in subsection (2) omitting the words "and the Public Defender"; (c) omitting subsections (5) and (6) and substituting the following subsection:- "(5) The Director may appoint a deputy to act in the Director's place as a Commissioner. A person so appointed in the event of the absence of the Director from a meeting of the Commission is entitled to attend that meeting and, when so attending, has all the powers, functions and duties of a Commissioner.". (2) The commencement of this section is not taken to affect the appointment of any Commissioner other than the Public Defender. (3) The appointment of the Commissioner referred to in paragraph (i) of section 8 (1) of the Principal Act as amended by this section may be made for the first time at any time after regulations referred to therein are made. Subsection (3) of section 8 of the Principal Act applies pending the appointment.

14 Legal Aid Act Amendment and Public Defence Act Repeal Act 1991, No. 3 2.6 Amendment of s. 11 . Duties of Commission . Section 11 of the Principal Act is amended by- (a) in subsection (1)- (i) omitting from paragraph (f) the words "Commonwealth Legal Aid Commission" and substituting the words "National Legal Aid Advisory Committee"; (ii) omitting paragraph (g) and substituting the following paragraph:- "(g) liaise and co-operate with the National Legal Aid Advisory Committee in the performance by that committee of its functions and, in particular, provide to it such statistics and other information as it may reasonably require;"; (b) in subsection (3), inserting after the words "financial assistance to" the words "community legal centres and". 2.7 New s. 11A. The Principal Act is amended by inserting after section 11 the following section:- "11A. Appearance by Commission to assist Court. Where- (a) a person is acquitted of a charge of an offence or discharged in respect of an offence in a proceeding; and (b) the Attorney-General refers a point of law arising out of that proceeding to the Court of Criminal Appeal for its consideration and op in ion pursuant to section 669A(2) of The Criminal Code; and (c) no appearance is made by or on behalf of the person mentioned in paragraph (a) in the Court of Criminal Appeal upon that reference; the Commission may appear on its own behalf upon the reference and provide such assistance to the court by way of argument as the court thinks fit. In providing the assistance the Commission is taken to be performing its function.". 2.8 Amendment of s. 12 . Guidelines for allocation of work. Section 12 of the Principal Act is amended, in paragraph (c), by- (a) inserting before the words "the desirability" the words "in relation to proceedings other than prescribed criminal proceedings,"; (b) inserting after the words "legally assisted person" the words ", so far as is practicable,". 2.9 Amendment of s. 18. Director and Assistant Directors . Section 18 of the Principal Act is amended by adding at the end the following subsection:- "(5) The Commission shall designate one of the Assistant Directors as Public Defender.".

Legal Aid Act Amendment and Public Defence Act Repeal Act 1991, No. 3 15 2.10 Amendment of s. 19 . Qualifications for appointment . Section 19 of the Principal Act is amended by omitting the word "solicitor" where it twice occurs and substituting the words "legal practitioner" in each case. 2.11 Amendment of s. 21. Staff of Commission . Section 21 of the Principal Act is amended by omitting subsection (4). 2.12 Amendment of s. 23. Rights of officers of Commission in respect of legal practice . Section 23 of the Principal Act is amended by- (a) in subsection (1), inserting after the words "under this Act" the words " unless the statutory officer is a legal practitioner and, if a solicitor,"; (b) in subsection (2), omitting the words "A member" and substituting the words "Subject to subsection (5), a member"; (c) in subsection (5), adding at the end of the subsection the following words:- "Such an officer is entitled to exercise right of audience as both barrister and solicitor in any court of the State.". 2.13 Amendment of s. 24 . Solicitor on the record . Section 24 of the Principal Act is amended by- (a) inserting the expression "(1)" before the words "Where (b) adding at the end of the section the following words:- "(2) For the purposes of this section, it is sufficient if the Director or officer signs a document with the words "Legal Aid Office (Qld)". (3) In any proceedings, a document purporting to be signed in accordance with this section shall be taken to be so signed by a person authorized to do so, unless the contrary is proved.". 2.14 Amendment of s. 25. Bringing services of Commission to public notice. Section 25 of the Principal Act is amended by- (a) inserting the expression "(1)" before the words "The Commission may, by public advertisement"; (b) adding at the end of the section the following words:- "(2) A justice taking an examination of witnesses in relation to a charge of an indictable offence shall advise the defendant of the availability of legal assistance under this Act and of the requirements prescribed with respect to an application for that assistance- (a) if the examination is a prescribed criminal proceeding-before commencing to take the examination; and

16 Legal Aid Act Amendment and Public Defence Act Repeal Act 1991, No. 3 (b) in every case-upon committal of the defendant for trial or sentence.". 2.15 Amendment of s. 26 . Application for legal assistance . Section 26 of the Principal Act is amended, in subsection (1), by- (a) omitting the word "and" where it occurs after the words "by the Commission;" at the end of paragraph (a); (b) inserting after the words "by that form" where they occur at the end of paragraph (b) the following words:- ''. (c) in the case of an application for legal assistance in respect of a prescribed criminal proceeding, shall be made- (i) if the proceeding is to be heard after the applicant's committal to a sittings of a court or tribunal-not less than 14 days before the commencement of the sittings; (ii) if the application is made pursuant to a recommendation made by a court or tribunal under section 36A that the applicant be provided legal assistance-not more than 14 days after the recommendation; and (iii) in any other case-not less than 14 days before the commencement date of the proceeding". 2.16 Amendment of s. 29. Circumstances in which legal assistance may be provided . Section 29 of the Principal Act is amended by- (a) in subsection (2)- (i) relettering paragraphs (e) and (f) as (f) and (g) respectively; (ii) inserting after paragraph (d) the following paragraph:- "(e) the ability of- (i) any spouse or de facto spouse of the applicant; (ii) any person of whom the applicant is a dependant; and (iii) any spouse or de facto spouse of any person of whom the applicant is a dependant; to assist the applicant to obtain legal services from private legal practitioners having regard to all relevant matters including those referred to in the other paragraphs of this subsection as they apply in relation to the spouse or other person in question;";

Legal Aid Act Amendment and Public Defence Act Repeal Act 1991, No. 3 17 (iii) inserting after the words "directors and members of the Corporation." the following words:- "Guidelines determined pursuant to section 29 may provide for the exemption of a corporation or class of corporation from consideration of the additional matters referred to in the preceding paragraph."; (b) in subsection (3)- (i) omitting the word "and" where it occurs after the words "is not provided;" at the end of paragraph (a); (ii) in paragraph (b), inserting the words "subject to paragraph (c)," before the words "in the case of assistance"; (iii) inserting after the words "favourable to the person" where they occur at the end of paragraph (b), the following words:- (t. (c) the desirability of an accused person in a prescribed criminal proceeding consisting of- (i) the trial or sentence of the person upon a charge of an indictable offence; or (ii) a proceeding before a justice taking an examination of witnesses in relation to an indictable offence with which the person is charged; being represented by a legal practitioner, whether or not the proceeding is likely to terminate in a manner favourable to the person; and (d) any recommendation made by a court or tribunal pursuant to section 36A". 2.17 Amendment of s. 33. Arrangement for services of private legal practitioners. Section 33 of the Principal Act is amended by- (a) in subsection (7), inserting after the words "interests of the legally assisted person and" the words "in relation to a proceeding other than a prescribed criminal proceeding, so far as is practicable,"; (b) in subsection (8), inserting after the words "interests of the legally assisted person and" the words "in relation to a proceeding other than a prescribed criminal proceeding, so far as is practicable,"; (c) renumbering subsection (23) as subsection (24) and inserting after subsection (22) the following subsection:- "(23) The Commission, in arranging for the services of private legal practitioners to be made available to legally assisted persons, may determine such procedures to be observed by the legal practitioners as the Commission considers necessary to

18 Legal Aid Act Amendment and Public Defence Act Repeal Act 1991, No. 3 ensure that legal assistance is provided in the most effective, efficient and economical manner.". 2.18 New s. 36A. The Principal Act is amended by inserting after section 36 the following section:- "36A. Power of court or tribunal to recommend legal assistance . (1) The court or tribunal in or before which a person appears in any prescribed criminal proceeding, if it is of the opinion that special circumstances exist, may recommend that the person be provided legal assistance pursuant to this Act. (2) An application by such a person for legal assistance shall be made in accordance with section 26 and shall be dealt with in accordance with the provisions of this Part relating to applications for legal assistance generally.". 2.19 Amendment of s. 44. Application of Fund . The Principal Act is amended by- (a) omitting all words from and including "(d) in the discharge" to and including "Part XIII;"; (b) relettering paragraph (e) as paragraph (d). 2.20 Amendment of s. 47. Budget of Commission . Section 47 of the Principal Act is amended by omitting subsections (7) and (8). 2.21 Amendment of s. 49. Audit and financial statement . Section 49 of the Principal Act is amended, in subsection (9), by omitting the expression "$200" and substituting the words "4 penalty units". 2.22 Amendment of s. 50 . Tenure of office. Section 50 of the Principal Act is amended, in subsection (1), by omitting the words "or the Public Defender". 2.23 Amendment of s. 51. Remuneration and allowances . Section 51 of the Principal Act is amended by omitting the words "or the Public Defender". 2.24 Amendment of s. 53 . Resignation . Section 53 of the Principal Act is amended by omitting the words "or the Public Defender". 2.25 Amendment of s. 54 . Removal from office. Section 54 of the Principal Act is amended, in subsection (3), by omitting the words "or the Public Defender". 2.26 Amendment of s. 61. Acting appointments . Section 61 of the Principal Act is amended, in subsection (6), by- (a) omitting the words ", but a person appointed to act in the office of the Director shall not be a Commissioner"; (b) adding at the end of the subsection the following words:- "A person appointed to act in the office of the Director, while the appointment is in force, shall be a Commissioner.".

Legal Aid Act Amendment and Public Defence Act Repeal Act 1991, No. 3 19 2.27 Amendment of s. 81 . Secrecy. Section 81 of the Principal Act is amended by- (a) in subsection (2) omitting the expression "$1000" and substituting the words "20 penalty units"; (b) in subsection (2A) relettering paragraph (h) as paragraph (i) and inserting after paragraph (g) the following paragraph:- "(h) in accordance with guidelines determined by the Commission, any person to whom the document or information is required to be produced or given pursuant to a lawfully issued search warrant;"; (c) in subsection (2D), omitting the expression "$1000" and substituting the words "20 penalty units". 2.28 Amendment of s. 83. Offence of misrepresentation . Section 83 of the Principal Act is amended by- (a) in subsection (1), omitting the expression "$1000" and substituting the words "20 penalty units"; (b) in subsection (2), omitting the expression "$1000" and substituting the words "20 penalty units". 2.29 Repeal of s. 87. Saving Act No. 3 of 1974. The Principal Act is amended by repealing section 87. 2.30 Repeal of ss . 90 to 93. The Principal Act is amended by repealing sections 90 to 93 (both inclusive). 2.31 Repeal of ss. 95 to 97. The Principal Act is amended by repealing sections 95 to 97 (both inclusive). PART 3-REPEAL AND TRANSITIONAL Division 1-Interpretation and repeal 3.1 Interpretation . In this Act- "chief executive" means the chief executive of the department; "commencement date" means the date of the repeal of the repealed Act; "Commission" means the Legal Aid Commission of Queensland constituted under the Legal Aid Act 1978-1991; "department" means the department of the government of the State in which the Principal Act is administered; "Director" means the Director of Legal Aid appointed pursuant to the Legal Aid Act 1978-1991; "Legal Aid Fund" means the fund established by section 42 of the Legal Aid Act 1978-1991; "Public Defender's Office" means the office of the Public Defender within the department;

20 Legal Aid Act Amendment and Public Defence Act Repeal Act 1991, No. 3 "Principal Act" means the Legal Aid Act 1978-1990; "repealed Act" means the Public Defence Act 1974 repealed by section 3.2. 3.2 Repeal of Public Defence Act . The Public Defence Act 1974 is repealed. Division 2-Public Defender's Office Staff 3.3 Public Defender ' s Office staff become staff of Commission. On and from the commencement date, each person holding office immediately before that date pursuant to an appointment made under section 5 (1) of the repealed Act- (a) becomes and is a member of the staff of the Commission; and (b) is to perform such duties as the person may be assigned by the Director; and (c) in the performance of the person's duties is subject to the direction of the Director. 3.4 Ex Public Defender's Office staff remain public servants. (1) Where a person becomes a member of the staff of the Commission by virtue of section 3.3- (a) the person continues to be an officer of the public service of Queensland and of the department; and (b) the office the person holds is an office within the meaning of the Public ServiceManagement and Employment Act1988-1990; and (c) any existing contract of employment made between the Crown and the person pursuant to the Public ServiceManagement and Employment Act 1988-1990 is not taken to be terminated; and (d) the terms and conditions of employment of the person are not affected except to the extent necessary to take into account the arrangements concerning the person's employment specified in this Part. (2) On and from the commencement date, the person holding office as Public Defender immediately before that date pursuant to the repealed Act holds office in accordance with subsection (1) with such designation other than Public Defender as the chief executive determines. (3) In relation to persons to whom subsection (1) applies who in the performance of their duties under the repealed Act appeared as barristers on behalf of persons granted legal aid under that Act, the Commission in determining the guidelines for the allocation of work

Legal Aid Act Amendment and Public Defence Act Repeal Act 1991, No. 3 21 between officers of the Commission and private legal practitioners is to treat as desirable the allocation of such work to those barristers as will enable them to utilize and develop their expertise and maintain their professional standards. 3.5 Cessation of public service office. (1) Notwithstanding that a person is a member of the staff of the Commission by virtue of section 3.3, the person may be appointed to be a statutory officer of the Commission or may be re-employed by the Commission pursuant to section 18 or 21 of the Legal Aid Act 1978-1991. (2) Upon being so appointed or re-employed- (a) the member ceases to be an officer of the public service of Queensland and the department; and (b) the office held by the member within the department ceases to exist. 3.6 Employer payments relating to ex Public Defender' s Office staff. The Commission is to pay from out of the Legal Aid Fund all salaries, wages and other payments to or in respect of each member of the staff of the Commission to whom section 3.4 (1) applies payable by the Crown as employer of the member. 3.7 Claims for accrued leave against Commission by former public service staff . An officer of the Commission who has ceased to be an officer of the public service of Queensland by virtue of section 3.5 may claim against the Commission- (a) all leave entitlements accruing to the person as an officer of the public service immediately before ceasing to be an officer of the public service; and (b) all long service leave entitlements as if the person's service as an officer of the public service and as an officer of the Commission were continuous service with the Commission. 3.8 Former public service staff may re-enter public service. (1) An officer of the Commission who has been in continuous employment with the Commission since ceasing to be an officer of the public service by virtue of section 3.5 may elect to be re-employed as an officer of the public service at any time. (2) The chief executive may give reasonable directions concerning the procedure to be adopted in making an election. (3) As soon as practicable after an officer of the Commission elects to be re-employed as an officer of the public service pursuant to this section, the officer is to be appointed to a position in the public service within the department. The level of salary of the position is to be not less than the level at which the officer was employed immediately before ceasing to be an

22 Legal Aid Act Amendment and Public Defence Act Repeal Act 1991, No. 3 officer of the public service by virtue of section 3.5 adjusted to accord with movements in rates of salary since that time. (4) A person who is re-employed as an officer of the public service pursuant to an election made under this section is entitled to claim against the Crown- (a) all leave entitlements accruing to the person as an officer of the Commission immediately before ceasing to be an officer of the Commission, including those referred to in paragraph (a) of section 3.7; and (b) all long service leave entitlements as if the person's service as an officer of the Commission and as an officer of the public service were continuous service as an officer of the public service. Division 3-Transfer of property 3.9 Transfer of records and other property associated with operation of Public Defender ' s Office. (1) On the commencement date- (a) records the property of the Crown held in the Public Defender's Office in connexion with the discharge of functions by the Public Defender pursuant to the repealed Act cease to be the property of the Crown and become and are the property of the Commission; (b) moneys that immediately before the commencement date stand to the credit of the Public Defence Legal Fees Trust Fund kept by the Treasurer and operated by the department in connexion with the provision of legal aid pursuant to the repealed Act divest from the Crown and vest in the Commission; (2) Moneys held by any person on and from the commencement date that, but for the repeal of the repealed Act, would have been payable by the person into the fund referred to in paragraph (b) of subsection (1) are to be paid by the person to the Commission. (3) On and from the commencement date, any liability of the Crown to make payments to a private legal practitioner for services wholly performed by the legal practitioner by way of legal aid under the repealed Act becomes and is a liability of the Commission payable by it from out of the Legal Aid Fund. (4) Without limiting the foregoing, the chief executive may make such arrangements and take such action as the chief executive thinks fit to transfer or assign to the Commission- (a) property associated with the operation of the Public Defender's Office before the commencement date; (b) moneys that but for the repeal of the repealed Act would have been available for or in connexion with the operation of the Public Defender's Office; (c) contracts, agreements or liabilities associated with the operation of the Public Defender's Office.

Legal Aid Act Amendment and Public Defence Act Repeal Act 1991, No. 3 23 (5) Moneys vested in or paid to the Commission pursuant to this section are to be paid by it into the Legal Aid Fund. Division 4-Transitional legal assistance 3.10 Previous applications for legal aid. (1) Where an application for legal aid made under the repealed Act has not been determined before the commencement date, the application is taken to be an application for legal assistance duly made under the Legal Aid Act 1978- 1991 on the commencement date. (2) Where an application for legal aid under the repealed Act is approved before the commencement date and the applicant was being, or about to be, provided with legal aid in accordance with that approval immediately before that date, this Act has effect as if- (a) the approval of the grant of that legal aid were the provision of legal assistance under the Legal Aid Act 1978-1991; and (b) in a case where the approval of the grant of legal aid was subject to conditions-any legal assistance provided to the applicant under the Legal Aid Act 1978-1991 were subject to the same conditions. 3.11 Provisions in respect of legal aid being provided by private legal practitioner . (1) Where immediately before the commencement date, a private legal practitioner is performing or has agreed to perform services on behalf of a person by way of legal aid under the repealed Act then, on and from that date, the practitioner, so far as is necessary, is to perform those services on behalf of that person by way of legal assistance under the Legal Aid Act 1978-1991. (2) Notwithstanding subsection (1), where pursuant to that subsection services originally performed or agreed to be performed by way of legal aid under the repealed Act are performed by way of legal assistance under the Legal Aid Act 1978-1991, the private legal practitioner by whom those services are performed shall be entitled to receive from the Commission, in respect of those services, an amount not less than the sum of the amounts that he would have been entitled to receive if the services had been wholly performed under the repealed Act. 3.12 Provisions with respect to legal aid being provided by officers of the Public Defender's Office. (1) Where before the commencement date services were being performed by officers of the Public Defender's Office on behalf of a person by way of legal aid , then on and from that date, those services so far as is practicable are to be performed on behalf of that person by the Commission through its staff. (2) On and from the commencement date, the Director of Legal Aid is taken to be the solicitor for a person in any proceeding in a court, or in any matter, in which an officer of the Public Defender's Office of the State was acting in the course of the operations of that office as the solicitor for that person immediately before that date.

24 Legal Aid Act Amendment and Public Defence Act Repeal Act 1991, No. 3 Division 5-Regulations 3.13 Transitional regulations . The Governor in Council may make' regulations prescribing for or with respect to any matter for which- (a) it becomes necessary or convenient to prescribe to facilitate- (i) the transition from the operation of the repealed Act and the Principal Act to the operation of the Principal Act as amended by this Act; (ii) the transition of staff and operations of the Public Defender's Office from that office to the Commission; (iii) the transition of persons formerly members of the staff of the Public Defender's Office into and out of of the public service of Queensland; and (b) this Part does not make any or sufficient provision. PART 4-AMENDMENT OF LEGAL PRACTITIONERS ACTS AMENDMENT ACT 1968-1990 4.1 Citation . (1) In this Part, the Legal Practitioners Acts AmendmentAct 1968-1990 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Legal Practitioners Acts Amendment Act 1968-1991. (3) The Legal Practitioners Acts, 1881 to 1965 and the LegalPractitioners Acts Amendment Act 1968-1991 may be collectively cited as the Legal Practitioners Acts 1881-1991. 4.2 Amendment of s. 4. Meaning of terms. Section 4 of the Principal Act is amended, in the definition "Director-General", by omitting the words "of Queensland". 4.3 Amendment of s. 7. Qualifications for admission . Section 7 of the Principal Act is amended by- (a) in subsection (1)- (i) omitting from paragraph (c) the words "the Public ServiceAct 1922-1973" and substituting the words "this section"; (ii) omitting subparagraph (ii) from paragraph (e) and substituting the following subparagraph:- "(ii) a certificate or certificates referred to in subsection (5) providing evidence that the person has completed the service prescribed by this subsection and subsection (2),"; (b) in paragraph (a) of subsection (2)- (i) omitting from the general words preceding subparagraph (i) the words "in the Public Service"; (ii) inserting after subparagraph (x) the following subparagraph:- "(xi) the Legal Aid Commission of Queensland;";

Legal Aid Act Amendment and Public Defence Act Repeal Act 1991, No. 3 25 (c) omitting subsection (5) and substituting the following subsections:- "(5) For the purposes of this section, a certificate purporting to be signed by a Director-General or by the Director of Legal Aid under the Legal Aid Act 1978-1991 stating that a person referred to in the certificate has completed a period of service described in the certificate is evidence, and in the absence of evidence to the contrary, conclusive evidence of the matters stated. (6) In this section, "officer" means- (a) an officer within the meaning of the Public ServiceManagement and Employment Act 1988-1990; or (b) a member of the staff of the Legal Aid Commission of Queensland.". 4.4 Amendment of s. 8. Admission of certain solicitors as barristers. Section 8 of the Principal Act is amended, in subsection (1), by omitting subparagraph (vii) from paragraph (a) and the word "or" occurring after the subparagraph and substituting the following words:- "(vii) the office of the Director of Prosecutions; (viii) the Legal Aid Commission of Queensland; or". PART 5-AMENDMENT OF QUEENSLAND LAW SOCIETY ACT 1952-1990 5.1 Citation. (1) In this Part, the Queensland Law Society Act 1952-1990 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Queensland Law Society Act 1952-1991. 5.2 Amendment of s. 36E. Distributions from Contributions Fund. Section 36E of the Principal Act is amended, in paragraph (b), by- (a) omitting subparagraphs (i) and (ii) and substituting the following subparagraph:- "(i) 75% to the Legal Aid Commission of Queensland for application to the costs paid by the Commission to private practitioners;"; (b) renumbering subparagraphs (iii) to (v) (both inclusive) as subparagraphs (ii) to (iv) respectively. Minister's Second Reading Speech made on 20 February 1991.