Legal Aid Commission Act Amendment Act (No. 2) 1978 (WA)

WESTERN AUSTRALIA.

LEGAL AID COMMISSION

(No. 2).

No. 113 of 1978.

AN ACT to amend the Legal Aid Commission Act,

1976-1978.

[Assented to 12th December, 1978.]

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent

of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

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

and

Commission Act Amendment Act (No. 2), 1978. citation.

(2) In this Act the Legal Aid Commission Act,

1976-1978 is referred to as the principal Act.

(3) The principal Act as amended by this Act may

be cited as the Legal Aid Commission Act, 1976-1978.

No. 113.] Legal Aid Commission [1978.

(No. 2).

Commence-

ment. 2.

(1) Subject to subsection (2) of this section the provisions of this Act shall come into operation on the day on which this Act receives the Royal Assent.

(2) The provisions of sections 4 and 13 of this Act shall come into operation on a day to be fixed by proclamation.

Section 3 3.

Section 3 of the principal Act is amended by deleting the words "Relationship between" in the arrangement of Division 5 of Part V and substituting the passage "Relationships Between Commission,".

amended.

Section 14

amended. 4. Subsection (1) of section 14 of the principal

Act is amended

(a) by deleting subparagraph (i) of paragraph (a) and substituting a subparagraph as follows-

(i) a fee determined in accordance with a scale of fees prescribed in the rules; ; and

(b) by deleting the words "no lump sum fee is so prescribed in relation to those services" in lines one and two of subparagraph (ii) of paragraph (a) and substituting the words "the services are not services to which a scale of fees so prescribed relates".

section 16A

added.	5. The principal Act is amended by adding after section 16 a section as follows-
Reciprocal

arrange-	16A. The Commission may enter into an tering a scheme of legal assistance or otherwise providing legal assistance in a Territory or another State of the Commonwealth with
ments
for legal	agreement or arrangement with a body adminis-
assistance.

1978.1 Legal Aid Commission [No. 113.

(No. 2).

respect to the provision of legal assistance by the Commission and that body on a reciprocal basis. .

Section 49

Subsection (2a) of section 49 of the principal Act is amended by deleting paragraph (b) and substituting a paragraph as follows amended.

6.

(b) is dissatisfied with a decision made by a legal aid committee or an officer of the Commission in respect of the payment or payments to which the private practitioner is entitled under subsection (1) of section 14 for performing those services, .

Heading

7.

The heading following section 50 of the principal Act is amended by deleting the words "Relationship Between" and substituting the passage "Relationships Between Commission,". amended.

8.    The principal Act is amended by inserting 21Vcrtn 50A

before section 51 a section as follows-

50A. Subject to this Act, where a private ,TgyhtVer

practitioner selected pursuant to section 40 generalbc

performs services on behalf of an assisted person the respective rights, privileges and obligations of the Commission, the assisted person and the private practitioner shall be similar to those that would be applicable if the relationship between the Commission and the assisted person was that of solicitor and client and the relationship between the Commission and the private practitioner was that of instructing solicitor and agent. .

Section 51

Subsection (1) of section 51 of the principal Act is amended by deleting the word "The" in line one and substituting the passage "Subject to this Act, the". amended.

9.

No. 113.] Legal Aid Commission [1978.

(No. 2).

Section 62

amended. 10. Section 62 of the principal Act is amended by repealing subsection (2) and re-enacting that subsection with amendments as follows

(2) The Director may authorize any member of the staff who is a practitioner to sign documents for the purposes referred to in subsection (1) and the signature of a person so authorized followed by the words "on behalf of the Director of Legal Aid" or "for Director of Legal Aid" shall be sufficient for those purposes. .

Section 83A

added.	11. The principal Act is amended by adding after section 63 a section as follows-
Director

may require	63A. (1) The Director may, either of his own a legal aid committee or a review committee, require a private practitioner who is performing or has performed services under this Act on behalf of an assisted person, to furnish to the Director
practitioner
to supply	motion or at the request of the Commission or
information.

(a)	information as to the performance of those services; or
(b)	information disclosed to the private practitioner by the assisted person in the course of or with respect to the performance of those services.

(2) Without limiting the generality of subsection (6) of section 40, the failure of a private practitioner to comply with a requirement made by the Director pursuant to subsection (1) shall be a ground for the removal of his name from the panel of names prepared pursuant to that section. .

1978.] Legal Aid Commission [No. 113.

(No. 2).

Section 64

12. Section 64 of the principal Act is amended amended.

by repealing subsection (4) and re-enacting that

subsection with amendments as follows

(4) This section does not apply

(a)

in proceedings instituted for an offence against a person who has applied for legal assistance, being an offence in relation to a statutory declaration furnished in verification of his application for legal assistance or an offence against subsection (1) of section 65; or

(b)

in proceedings instituted under

subsection (2) of section 65. .

Section 67

13. Subsection (2) of section 67 of the principal Act is amended by inserting before the word "the" in line two of paragraph (a) the words "scales of fees to be used in determining". amended.