Legal Aid (Amendment) Act 1978 (ACT)

No. 29 of 1978

AN ORDINANCE

To amend the Legal Aid Ordinance 1977

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Ordinance under the Seat of Government (Adminis- tration) Act 1910.

Dated this twenty-first day of September 1978.

ZELMAN COWEN

Governor-General

By His Excellency's Command,

P. DURACK

Attorney-General

L E G A L AID (AMENDMENT) ORDINANCE 1978

1. This Ordinance may be cited as the Legal Aid (Amendment)

Ordinance 1978.*

2. In this Ordinance, "Principal Ordinance" means the Legal Aid Ordinance 1977.f

3.   Section 5 of the Principal Ordinance is amended—

(a)	by omitting "Treasurer of the Commonwealth" from the definition of "approved auditor" in sub-section (1) and substituting "Minister of State for F inance" ; and
(b)	by omitting from sub-section (2) "provisions of legal ser­ vices " and substituting "provision of legal services".

t Ordinance No. 31, 1977.

4. After section 39 of the Principal Ordinance the following section

is inserted:

" 39A . A Review Committee that reviews a decision referred to it under sub-section 36 (3) shall not make a decision on the review unless it has afforded to the person who requested the review a reasonable opportunity—

(a) to attend a meeting of the Review Committee;

* Notified in the Commonwealth of Australia Gazette on 26 September 1978.

(b)	to address the Review Committee in relation to the review; and
(c)	to place before the Committee any document relevant to the review.".

5.   Section 41 of the Principal Ordinance is amended—

(a) by omitting from sub-section (2) " The Fund " and sub­

stituting "Subject to sub-section ( 4 ) , the F u n d " ; and

(b) by adding at the end thereof the following sub-section:

" (4 ) Moneys paid to the Commission, being moneys appropriated by the Parliament for the purpose of the pro­ vision of financial assistance to voluntary legal assistance organizations, do not form part of the Fund.".

6.   Section 42 of the Principal Ordinance is amended—

(a)	by inserting in sub-section (3) "and moneys referred to in sub-section 41 (4) " after " upon t rus t" ; and
(b)	by inserting after sub-section (4) the following sub­ section:

" ( 4 A ) The Commission shall ensure that moneys referred to in sub-section 41 (4) are paid into an account that does not, or accounts that do not, contain moneys of the Commission other than moneys referred to in that sub-section.".

7. Section 43 of the Principal Ordinance is amended by omitting

"Trustee Ordinance 1 9 5 9 " from sub-section (2 ) and substituting

" Trustee Ordinance 1957 ".

8. The following section is inserted in Part XII of the Principal

Ordinance after section 90:

" 9 0 A . (1 ) Notwithstanding section 43, the Commission may, out

of moneys in the Fund, discharge the liability of the Commonwealth to	a person in respect of the provision by that person, before the com­
mencing day, of legal assistance.
" (2 ) A payment may not be made to a person for the purpose of sub-section (1) unless, at the time at which he provided the legal assistance to which the payment relates, he was practising in the Terri­ tory as a barrister, as a solicitor or as a barrister and solicitor, on his own account or in partnership.".

9 . After section 91 of the Principal Ordinance the following section

is inserted:

" 9 1 A . ( 1 ) In this section, 'voluntary legal assistance organization'

means a voluntary organization that conducts a scheme for the provision
of legal assistance in the Territory.

" (2) The Commission may grant to a voluntary legal assistance organization, upon such terms and conditions as the Commission thinks fit, a sum by way of financial assistance.

" (3 ) A grant under sub-section (2) shall not be made except out of moneys appropriated by the Parliament for the purpose of the pro­ vision of financial assistance to voluntary legal assistance organizations.". 10. Section 94 of the Principal Ordinance is amended by omitting
" under this Ordinance " and substituting " under section 8 ".

11. Section 97 of the Principal Ordinance is amended by omitting from sub-section (1) " Treasurer " and substituting " Minister of State for Finance ".