Legal Assistance Act of 1965 (Qld)

905 ut eitz 1rnt r ANNO QUARTO DECIMO ELIZABETHAE SECUNDAE REGINAE No. 67 of 1965 An Act to make Legal Assistance more readily available to Persons of Limited Means, and for other purposes [ASSENTED TO 24TH DECEMBER, 1965] 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 I-PRELIMINARY 1. (1) Short title . This Act may be cited as " The Legal Assistance Act of 1965.- (2) Commencement . This Act shall come into operation on a date to be fixed by the Governor in Council by Proclamation published in the Gazette. 2. Arrangement of Act. This Act is divided into Parts and a Schedule as follows:- PART I-PRELIMINARY; PART I1-ADMINISTRATION AND FINANCE; PART III-LEGAL ASSISTANCE; PART IV-MISCELLANEOUS; SCHEDULE.

906 Legal Assistance Act o? 1965, !'o. 6- 3. Meaning of terms . In this Act unless the context otherwise indicates or requires, the following terms shall have the meanings respectivel, assigned to them, that is to say :- "Assisted person "-A person for whom legal assistance is provided under the scheme; " Committee "-The Legal Assistance Committee of Queensland constituted pursuant to this Act; " Fund "-The Legal Assistance Fund established pursuant to this Act; " Guarantee Fund "-The Legal Practitioners' Fidelity Guarantee Fund established pursuant to " The Queensland Law Society Acts, 1952 to 1963 "; " Legal assistance "-Includes legal advice as well as legal aid under this Act; Minister "-The Minister for Justice and Attorney-General or other Minister of the Crown for the time being charged with the administration of this Act: The term includes a Minister of the Crown performing temporarily the duties of the Minister charged for the time being with the administration of this Act; Part "-Part of this Act: Where necessary the term includes all Proclamations, Orders in Council and regulations made for the purposes of the Part in question; Scheme "-The scheme for providing legal assistance established pursuant to this Act; " Society "-" The Queensland Law Society Incorporated " incorporated under " The Queensland Law Society Acts, 1952 to 1963"; " Year "-The period of twelve calendar months ending on the thirtieth day of June. PART 11-ADMINISTRATION AND FINANCE 4. Administration . This Act shall be administered by the Minister and, subject to the Minister, by the Committee and the Society. 5. (1) Legal Assistance Committee .. For the purposes of this Act there shall be constituted a committee to be known as " The Legal Assistance Committee of Queensland " consisting of three members from time to time appointed by the Governor in Council by notification published in the Gazette- (a) two of whom shall be representatives of and nominated by the Society; and (b) one of whom shall be representative of the Department of Justice and nominated by the Minister. (2) Chairman . (a) The Governor in Council may from time to time by notification published in the Gazette. appoint any member of the Committee to be the chairman thereof. (b) The chairman shall preside at all meetings of the Committee at which he is present and if the chairman is absent from an} duly convened meeting the members present shall appoint one of their number who shall preside at the meeting. (c) The person presiding at an\ meeting of the Committee shall have an orieina: vote and in the e\ent o_ an equality o'- votes a seconu o- casting vote.

Lega l Assistance Act of 1965, No. 67 907 (3) Proceedings and meetings of the Committee . The Committee may at such times and places conduct its business in such manner as may be prescribed, or, in so far as not prescribed, as it may from time to time determine. (4) Quorum . Two members of the Committee shall be a quorum and subject to there being a quorum the Committee may act notwithstanding any vacancy in its membership. 6. Incorporation of Committee . The Committee by the name of " The Legal Assistance Committee of Queensland " shall be a body corporate with perpetual succession and a common seal, which shall be judicially noticed and shall be capable in law of suing and being sued and acquiring, holding, mortgaging, disposing of and otherwise dealing with real and personal property for the purposes of this Act and doing and suffering all such acts and things as bodies corporate may by law do and suffer. 7. (1) Local committees . Local committees may be appointed as prescribed in various parts of the State for the purpose of assisting the Committee. (2) Advisory Committee . For the purposes of this Act there shall be constituted an Advisory Committee consisting of three members appointed by the Governor in Council by notification published in the Gazette, of whom one shall be representative of the Society, one representative of the Solicitor-General's office, and one representative of the Minister. The Advisory Committee may at such times and places conduct its business in such manner as may be prescribed , or, in so far as not prescribed, as it may from time to time determine. & Legal Andstance Scheme . Subject to this Act, the Committee shall establish and administer a scheme for providing legal assistance for persons of limited means either without payment therefor or upon payment of such sum or sums towards the costs and expenses thereof as the Committee thinks reasonable. 9. Legal Amistaace F mid . (1) There shall be paid to the Committee by the Society such part of the interest from time to time accruing in respect of moneys invested pursuant to subsection (4) of section ten of this Act, as may be prescribed for the time being in that behalf by or under subsections ( 5) and (6) of that section. (2) (a) All moneys paid to or received by the Committee pursuant to subsection (1) of this section or section eleven of this Act shall be paid into a fund established in one or more of the banks carrying on business in Queensland which shall be known as " The Legal Assistance Fund " and which shall be held in trust and administered by the Committee for the purposes of this Act. (b) All moneys paid to or received by the Committee in connection with the administration of the scheme shall be paid into the Fund.

90S Legal Assistance Act of 1965. No. 67; 10. Solicitors Trust Bank Accounts . &c, (I) In this section unless the context otherwise indicates or requires, the following terms shall, have the meanings respectively assigned to them, that is to say- " Commencing date "-The first da% of January One thousand nine hundred and sixty-six or, if the Governor in Council, by notification published in the Gazette fixes some other date in substitution therefor, then the date so fixed. In the case of a solicitor who commences practice after the commencing date, then that date shall be the same date in the calendar year next following his commencement of practice ; " Deposit with "-Includes " pay to " and " transfer to "; " First year "-The period of twelve months beginning on and including the commencing date; " Solicitor "-A solicitor or conveyancer of the Supreme Court of Queensland : In relation to any trust bank account, the solicitor or solicitors or any other person or persons who may lawfully operate upon that trust bank account; " Trust bank account "-Any bank account (whether general or particular ) into which is paid any money received by a solicitor, or where he practises in partnership with another solicitor or solicitors into which is paid any money received by the firm or any partner thereof, upon trust or upon terms requiring the solicitor, firm, or partner , as the case may be, to account to any person therefor; "Year "-The first year and each period of twelve months thereafter. (2) Notwithstanding anything contained in " The Trust Accounts Acts, 1923 to 1959," every solicitor shall out of the moneys in his trust bank account- (a) not later than twenty days after the commencing date deposit with the Society a sum which is not less than one-half of the amount which was the lowest balance in his trust bank account on any day during the period of twelve months ending on and including the day immediately preceding the commencing date (herein referred to as " the initial period ") or, where he maintains more than one trust bank account, a sum which is not less than one-half of the lowest aggregate on any day during the initial period of the balances in his trust bank accounts, excluding any accounts that were maintained for the exclusive benefit of a specific person or specific persons; (b) thereafter during the first year keep deposited with the Society a sum which is not at any time less than the amount prescribed by paragraph (a) of this subsection; and (c) during each and every year following the first year keep deposited with the Society such a sum as may be prescribed or, if not prescribed, a sum which is not at any time less than one-half of the aggregate of- (i) the amount standing upon deposit by the solicitor with the Society in accordance with the provisions of this subsection on the da, of the lowest balance concerned; and ii ) the amount that was the lowest balance in his trust bank account on any day during the last preceding year or, where ne maintains more than one trust bank account. the lowest aggregate on an,, da' during the last preceding year of the

Legal Assistance Art of 1965. No. 67 909 balances in his trust bank accounts, excluding any accounts that were maintained for the exclusive benefit of a specific person or specific persons. (3) (a) The Council of the Society, for such reason as it considers sufficient and subject to such conditions, if any, as it thinks fit, may at any time cause to be repaid all or any part of the moneys deposited by a solicitor pursuant to this section to- (i) him; or (ii) at any time when, in relation to the moneys in the trust bank account or trust bank accounts in question, another person is trustee, such trustee. and the Guarantee Fund shall guarantee such repayment. (b) All moneys repaid under this subsection by the Society to a solicitor or trustee shall be paid by him into a bank carrying on business in Queensland to a trust bank account maintained by him pursuant to the provisions of " The Trust Accounts Acts, 1923 to 1959," and may be dealt with as if such moneys had not been withdrawn from a trust bank account of the solicitor. (4) Pending repayment under subsection (3) of this section, moneys deposited by a solicitor with the Society pursuant to this section shall be invested by the Society either upon deposit with any bank carrying on business in Queensland or upon loan to the Treasurer of Queensland, in either case , at the short term deposit bank interest rate as approved by the Reserve Bank of Australia for the time being and any moneys so loaned to the Treasurer shall be repayable upon demand. (5) Amounts of interest accruing at any time and from time to time in respect of moneys so invested shall be apportioned and paid as follows:- (a) to the Society-so much of those amounts as will reimburse the Society for its costs and expenses incurred ( and not previously reimbursed ) in administering this section; (b) the balance of those amounts- (i) to and into The Legal Assistance Fund-fifty per centum thereof; (ii) to and into the Guarantee Fund-the remainder or so much thereof as will raise and keep that fund credited to an amount of three hundred thousand pounds; (c) any balance of any such amounts remaining after the apportionments and payments required by paragraphs (a) and (b) of this subsection have been made shall be paid to the Legal Assistance Fund. (6) The Governor in Council may from time to time by Order in Council alter the apportionment of the interest accruing in respect of moneys invested pursuant to subsection (4) of this section, and may for that purpose increase or decrease the percentage of that interest required by subsection (5) of this section to be paid to the Fund. Subsection (5) of this section shall be read with and subject to any such Order in Council. (7) The Society shall keep and maintain accounts of all moneys deposited with the Society by solicitors pursuant to the provisions of this section separate from all other accounts of the Society and those accounts shall be kept and maintained in such a manner as to disclose the true position in regard thereto and to enable the accounts to be conveniently and properly audited.

910 Legal Assistance Act of 1965. A o. 6" Such separate accounts shall be regularly and fully audited at the expense of the Guarantee Fund by a public accountant within the meaning of and registered under " The Public Accountants Registration Acts, 1946 to 1963,' appointed by the Society and at least once in each half-year an audited balance-sheet shall be laid before the Council of the Society and a copy thereof lodged with the Minister and the Committee respectively. (8) If at any time during the relevant year the lowest balance in the trust bank account or trust bank accounts of a solicitor together with the amount (if any) then deposited with the Society by the solicitor amounts to less than one thousand five hundred pounds the obligations imposed on the solicitor by subsection (2) of this section shall not apply so long as that condition continues. (9) No action at law or in equity shall lie against any solicitor for or on account of any matter or thing whatsoever done by him or it for the purpose of complying with the provisions of this section. (10) Nothing in this section contained or implied shall affect in any way- (a) the rights and remedies of the several claimants as against the solicitor or inter se in the event of any stealing, fraudulent misappropriation, failure to account, or other act committed in respect of trust moneys: or (h) the obligation imposed upon any person under or pursuant to " The Queensland LaKw Society Acts, 1952 to 1963," to make any payment whether by way of contribution or levy, to the Guarantee Fund. 11. Investment of the Fund moneys . Any moneys in the Fund that the Committee considers are not immediately required for the purposes thereof may be invested by the Committee either upon deposit with any bank carrying on business in Queensland or upon loan to the Treasurer of Queensland, in either case, at the short term deposit bank interest rate as approved by the Reserve Bank of Australia for the time being, and any moneys so loaned to the Treasurer shall be repayable upon demand. 12. Payments out of the Fund . There shall be paid out of the Fund- (a) the costs and expenses incurred by the Committee in establishing the scheme including, but without limiting the generality thereof, the cost of obtaining accommodation and providing fixtures, furniture and equipment and of appointing officers and employees: (h) all costs and expenses incurred by the Committee in administering the scheme: (c) any sums directed to be paid therefrom pursuant to section twenty-four of this Act: (d) any sums ordered to be paid therefrom pursuant to sections twenty or twenty-seven of this Act: (e) any other sums directed by the Committee to be paid therefrom pursuant to this Act. 13. Accounts of the Committee and audit . (1) The Committee shall keep and maintain. in such a manner as to disclose the true position in regard thereto and to enable the accounts to be conveniently and

Lega l Assistance Act of 1965, No. 67 911, properly audited, accounts of all moneys paid into and paid out of the Fund and of all moneys paid into and paid out of any other account required to be kept by the Committee by or under this Act and shall prepare a true and proper statement of accounts as at the thirtieth day of June in each calendar year in respect thereof. (2) Accounts in respect of administrative receipts and expenses shall be kept separate from accounts in respect of legal assistance. (3) The said accounts and statement of accounts (accompanied by proper vouchers in support of the same and all records of the Committee relating thereto) shall be produced before the Auditor-General or his appointee in that behalf for inspection, examination and audit, and the Auditor-General shall have with respect thereto and the Committee and its officers and employees, all the powers which he possesses with respect to officers in the public service and to public accounts. The Committee and its officers and employees shall be deemed to be public accountants within the meaning of " The Audit Acts, 1874 to 1965." (4) As soon as the accounts have been audited the Committee shall lodge with the Minister a copy of the statement of accounts and of the report of the Auditor-General thereon. (5) The Minister may at any time cause the accounts and records of the Society kept or maintained under or for the purposes of this Act or of the Committee to be inspected, examined , and audited by the Auditor- General or his appointee , whether the same or any of them have been previously inspected , examined , and audited or not, and thereupon the provisions of subsections (3) and (4) of this section, shall, with all necessary adaptations , extend and apply in respect thereof. 14. Reports oo sd6eme . The Society and the Committee respectively, shall once in every year not later than the prescribed date prepare and submit to the Minister a report on its administration of this Act including, in the case of the Committee the operation of the scheme and the activities of the Committee during the twelve months ended on the preceding thirtieth day of June, and the Minister shall lay before the Legislative Assembly a copy of every such report. PART III-LEGAL ASSISTANCE 15. Co® oxacemest of scheme . ( 1) Legal assistance shall be provided under the scheme in accordance with this Act on and from a date to be fixed by the Governor in Council by notification published in the Gazette, which notification shall be judicially noticed. (2) Nothing in this Act shall derogate from any legal assistance which may be provided under any other Act including any regulation, rule or other instrument under any other Act. 16. Legal advice and legal aid. Under and for the purposes of this Act- Legal advice " shall consist of oral advice on legal questions given by a solicitor appointed or employed by the Committee for the purpose, and shall include help in preparing an application for legal aid and in supplying information required in connection therewith; Legal aid " shall consist of representation, on the terms provided for by or under this Act, by a solicitor and so far as is necessary by counsel ( including all such assistance as is usually given by a solicitor or counsel inthe steps preliminary or incidental to any proceedings in or arriving at or giving effect to a compromise to avoid or bring to an end any proceedings).

912 Legal Assistance Act oi- 1965, No. 67 17. Legal advice . (1) The Committee may- (a) employ solicitors whole-time or part-time for the purpose of giving legal advice under the scheme; and (b) appoint practising solicitors for that purpose. (2) If the regulations so require, the person seeking legal advice under the scheme shall- (a) satisfy the person employed or appointed to give it that he cannot afford to obtain it in the ordinary way; and (b) if the person employed or appointed to give it is satisfied that he can pay part of the ordinary fee, pay that part for each interview. (3) Any fees paid under this section for legal advice shall be paid into the Fund and the remuneration of the person employed or appointed to give the advice shall be paid out of the Fund. 1$. Counsel and solicitos . (1) Panels of barristers and solicitors willing to act for persons receiving legal aid shall be prepared and maintained by the Committee anti there may be separate panels for different purposes, for different courts, and for different districts. (2) Any practising barrister or solicitor shall be entitled to have his name on the appropriate panels or any of them, unless there is good reason for excluding him arising out of his conduct when acting or selected to act for persons receiving legal aid or out of his professional conduct generally, or in the case of a member of a firm of solicitors, out of that of any person who is for the time being a member of the firm. (3) Where a barrister or solicitor is aggrieved by any decision excluding him (whether permanently or temporarily) from the panels or any of them, he may appeal against the decision to a Judge of the Supreme Court of Queensland and the Judge (whose decision shall be final) may confirm or quash the decision appealed against or may substitute such decision as he thinks fit. Provision shall be made by Rules of Court for regulating appeals to a judge under this subsection and those Rules shall provide for limiting the time within which appeals may be brought. (4) Where a person is granted legal aid the solicitor to act for him and, if the case requires counsel, his counsel, shall be selected from the appropriate panel, and he shall he entitled to make the selection himself: Provided that- (a) this subsection shall not prejudice the rights of a solicitor or counsel where he has good reason to refuse or give up a case or entrust it to another; (b! the solicitor selected, if shown on the panel as a member of a firm, shall act in the name of the firm. (5) Subject to this Act, a solicitor who has acted for a person receiving legal aid shall be paid for so acting out of the Fund. and an} fees paid to counsel for so acting shall also be paid out of the Fund. (6) If the regulations so prescribe. the sums payable under the last 1oreooing subsection to a solicitor or counsel shall not exceed those as prescribed. Regulations may provide for the payment of a proportion oni-, in settlement of such sums.

Lega l Assistance Act of 1965, No. 67 913 (7) In the foregoing provisions of this section , references to acting for a person receiving legal aid shall , in relation to a solicitor , include acting indirectly for such a person, as agent for his solicitor , so, however, that any selection from the panel of a solicitor to act as agent shall be made by the solicitor for whom he is to act. (8) Nothing in this section shall prejudice paragraph (b) of subsection (4) of section nineteen of this Act, and in particular- (a) subsection ( 6) of this section shall not affect the sums recoverable by virtue of an order for costs made in favour of a person who has received legal aid or of an agreement for costs so made which provides for taxation ; and (b) for the purposes of any such order or agreement, the solicitor who acted for the person in whose favour it is made, shall be treated as having paid any counsel ' s fees. 19. Scope asd geserat cosditiooc of legal aid in corectioe with proceedings . (1) Subject as prescribed, this section and sections twenty, twenty-one and twenty-two of this Act provide for, and (save as hereinafter mentioned) relate only to, legal aid in connection with proceedings before courts and tribunals in Queensland, not being proceedings in which legal aid may be given under another Act including any regulation, rule or other instrument under another Act. (2) The proceedings in connection with which legal aid may be given shall not include- (a) proceedings wholly or partly in respect of- (i) defamation ; (ii) breach of promise of marriage; (iii) the loss of the services of a woman or girl in consequence of her rape or seduction; (iv) the inducement of one spouse to leave or remain apart from the other; (b) relator actions; (c) election petitions or references under ".The Elections Acts, 1915 to 1962 " ; (d) proceedings before any court or tribunal before which persons have no right and are not normally allowed to be heard by counsel or a solicitor; (e) proceedings incidental to any proceedings referred to in paragraphs (a) to (d), both inclusive, of this subsection; (f) such other proceedings as may be prescribed, whether by reference to the court or tribunal, to the issues involved, to the capacity in which the person requiring legal aid is concerned, or otherwise. (3) A person shall not be given legal aid in connection with any proceedings unless he shows that he has reasonable grounds for taking, defending , or being a party thereto , and may also be refused legal aid if it appears- (a) that the applicant's means are such that he can afford to take, defend , or be a party thereto in the ordinary way; or (b) unreasonable that he should receive it in the particular circumstances of the case.

914 Legal Assistance Act of 1965, No. 6 7 (4) Save as expressly provided by this Act- (a) the fact that the services of counsel or a solicitor are given by way of legal aid shall not affect the relationship between or rights of counsel, solicitor and client or any privilege arising out of such relationship; and (b) the rights conferred by this Act on a person receiving legal aid shall not affect the rights or liabilities of other parties to the proceedings or the principles on which the discretion of any court or tribunal is normally exercised and costs may be awarded in favour of or against any person receiving legal aid in any proceedings as if he had not received legal aid. 20. Financial conditions of legal aid. (1) Subject to this Part, legal aid shall be available for any person resident in Queensland whose disposable income does not exceed such yearly amount as may be prescribed : Provided that a person may be refused legal aid if he has a disposable capital in excess of such amount as may be prescribed and it appears that he can afford to proceed without legal aid. (2) Where a person receives legal aid in connection with any proceedings- (a) the disbursements payable in connection with the proceedings, so far as they would ordinarily be paid in the first instance by or on behalf of the solicitor acting for him, shall be so paid except in the case of those paid direct from the Fund pursuant to this Act; (b) his solicitor and counsel shall not take any payment in respect of the legal aid except such payment as is directed by or under this Act to be made out of the Fund; (c) he may be required by or on behalf of the Committee to make a contribution to the Fund in respect of sums payable thereout on his account; (d) any sums recovered by virtue of an order or agreement for costs made in his favour with respect to the proceedings , subject to section twenty-five of this Act, shall be paid to the Fund; (e) he shall be liable by virtue of an order for costs made against him with respect to the proceedings as if he had not received such legal aid but the whole or any part of those costs may be ordered under this Act to be paid out of the Fund. (3) (a) Where a person who receives legal aid in connection with any proceedings is liable by virtue of an order for costs made against him with respect to those proceedings, an order may be made, subject to the provisions of this subsection, for the payment out of the Fund of the whole or any part of those costs. (b) The regulations may provide as to the court, tribunal, or person (in this subsection referred to as " the court ") by whom an order may be made and the extent to which any determination thereof is to be final. (c) The court shall before making or refusing to make such an order determine the amount (if any) which it is satisfied is a reasonable one for the person so liable to pay having regard to all the circumstances, including the means of all the parties and their conduct in connection with the dispute.

Legal As sistance Act of 1965 . No. 67 915 (d) For the purpose of any inquiry under this subsection as to the means of a person against whom an order for costs has been made, his dwelling-house and household furniture and the tools and implements of his trade shall be left out of account except in such cases and to such extent as may be prescribed, and except as aforesaid they shall be protected from seizure in execution to enforce the order. (e) The court may include in an order made under this subsection the costs of applying for that order. (f) The provisions of paragraph (b) of subsection (2) of section twenty-seven of this Act shall, with all necessary adaptations, apply for the purposes of this subsection. (g) An order shall not be made under this subsection for the payment out of the Fund of any costs in any case where section twenty-seven of this Act confers power to make such order. 21. Contributions from assisted persons and charge of property recovered . (1) A person's contribution to the Fund in respect of any proceedings may include- (a) a contribution in respect of income not greater than the prescribed proportion (if any) by which his disposable income exceeds such yearly amount as may be prescribed in that behalf; and (b) a contribution in respect of capital not greater than the amount (if any) by which his disposable capital exceeds such amount as may be prescribed in that behalf. (2) A person may be required to make any contribution to the Fund in one sum or by instalments. (3) Except so far as the regulations otherwise provide, any sums remaining unpaid on account of a person's contribution to the Fund in respect of any proceedings and, if the total contribution is less than the net liability of that Fund on his account, a sum equal to the deficiency shall be a first charge for the benefit of the Fund on any property (wherever situate ) which is recovered or preserved for him in the proceedings. (4) The reference in the last foregoing subsection to property recovered or preserved for any person shall include his rights under any compromise arrived at to avoid or bring to an end the proceedings and any sums recovered by virtue of an order for costs made in his favour in the proceedings (not being sums payable into the Fund under the last foregoing section), (5) The charge created by subsection (3) of this section on any damages or costs shall not prevent a court allowing them to be set off against other damages or costs in any case where a solicitor's lien for costs would not prevent it. (6) References in this section to the net liability of the Fund on any person's account in relation to any proceedings refer to the aggregate amount of the sums paid or payable out of that Fund on his account in respect of those proceedings to any solicitor or counsel and not recouped to the Fund by sums which are recovered by virtue of an order or agreement for costs made in his favour with respect to those proceedings.

91€ Legal Assistance Ac; of 1965, No. 6' 22. Assessment of disposable capital and income and of maximum contribution . (I) References in this Act to a person's disposable income or disposabiz capital shall be taken as referring to the rate of his income or amount of his capital after making- (a)) such deductions as may be prescribed in respect of the maintenance of dependants, interest on loans, income tax. rates, rent and other matters for which the person in question must or reasonably may provide; and (b) such further allowances as may be prescribed to take account of the nature of his resources. (2) Regulations may make provision as to the manner in which the rate of a person's income and the amount of his capital are to be computed for the purposes of the foregoing subsection, and in particular for determining whether any resources are to be treated as income or capital and for taking into account fluctuations of income. (3) Regulations shall include provision for securing that the resources of a person seeking or receiving legal aid shall be treated as not including the subject-matter of the dispute. (4) Except in so far as the regulations otherwise provide, any resources of a person's wife or husband shall be treated for the purposes of this section as that person's resources, and the regulations may also make provision, in relation to infants and other special cases , for taking into account the resources of other persons. (5) Subject to the provisions of this section, a person's disposable income and disposable capital, and the maximum amount of his contribution to the Fund in respect of any proceedings, shall be determined by the Committee, and the Committee may call attention to any special circumstances affecting the maximum amount of the lump sum and periodical payments which he could reasonably make on account of any contribution. 23. Legal aid in matters not involving litigation . (1) This section provides for, and (except for subsection (6)) relates only to, legal aid in taking steps to assert or dispute a claim where- (a) the question of taking, defending or being a party to proceedings before a court or tribunal does not arise or has not yet arisen: but (b) if it did arise, the proceedings would, or might properly, be such that legal aid could be given in connection therewith under section nineteen of this Act. (2) Legal aid under this section shall consist of the assistance of a solicitor on terms provided for by this section, and (save as expressly provided by this Act) the fact that the assistance is given by way of legal aid shall not affect the relationship between or rights of solicitor and client or any privilege arising out of such relationship. (3) A person shall not be given legal aid under this section unless he shows that he has reasonable grounds for taking steps to assert or dispute the claim, and may also be refused such aid if it appears that his means are such that he can afford to take those steps in the ordinary way or if it appears unreasonable that he should receive it in the particular circumstances of the case.

Legal Assistance Act of 1965, No. 67 91" (4) Subject to the provisions of this section, sections twenty, twenty- one, and twenty-two of this Act shall apply for the purposes of this section with the necessary modifications of references to proceedings or to the subject-matter of the dispute and with the following omissions, that is to say- ia so much of sections twenty and twenty-one as relates to orders for costs; and (b) subsection (5) of section twenty-two. (5) Unless and until regulations otherwise provide, legal aid shall not be available under this section for any person whose disposable income exceeds the yearly amount prescribed under section twenty-one of this Act or whose disposable capital exceeds the amount prescribed under that section; and provision may be made by regulations for restricting the nature and extent of the assistance which may be given by way of legal aid under this section. (6) Where a person receives legal aid under this section in any matter and, on that matter giving rise or appearing likely to give rise to proceedings, he is given legal aid also in connection with those proceedings, then, except in so far as regulations otherwise provide, section twenty-one of this Act shall apply as if all the legal aid had been received in connection with the proceedings. 24. Provision for payment of disbursements for assisted persons. Where pursuant to the scheme legal assistance is granted in any matter the Committee may if it thinks fit direct that such sums as may be necessary for the payment of any disbursements properly payable in that matter shall be paid out of the Fund and may direct a higher amount to be so paid for any disbursement than is allowable under any regulation or rule relating thereto if it considers that it is necessary for the proper presentation of the assisted person ' s case that such higher amount should be paid. 25. Costs awarded to assisted person. (1) In any proceedings in connection with which a person has received legal aid , the court may make in favour of the assisted person any such order for costs as it could make in his favour if he had not received such legal aid notwithstanding that no amount has been paid or is or will be payable for costs by such assisted person or that the costs so ordered are in excess of the total amount paid or payable by him for costs. (2) All costs payable under the terms of any judgment or order or of any settlement of an action or claim to a person who has in connection with those proceedings received legal aid (except any portion of such costs as may be for services rendered or disbursements paid for that person for a period before or after he was so assisted, and except any portion of such costs as may be for disbursements paid for that person during the period he was so assisted and which have not been paid out of the Fund) shall be payable to the Fund and the Committee shall be entitled to exercise in the name of that person all the rights and remedies in relation to the recovery of such costs which that person would be entitled to exercise if he were not an assisted person. (3) A person who is liable to pay any costs payable under this section to the Fund and to whom or to whose solicitor notice in writing of the rights of the Committee in relation thereto has been given by the Committee or the solicitor who obtained the judgment order or settlement for the assisted person shall not be discharged from his liability by reason only of his making any payment in respect thereof to any person other than the Committee or such solicitor.

918 Legal Assistance Act of 1965.. ho. 6' (4) On the taxation of costs payable under the terms of any judgment or order or of any settlement of an action or claim to the assisted person no item thereof shall be disallowed merely because the assisted person is by reason of his being an assisted person under no obligation to pay in whole or in part for the service to which the item relates or in the case of a disbursement (whether for counsel's fees or otherwise) merely because the amount thereof has not been paid prior to the taxation. 26. Disposal of costs . Where costs paid into the Fund in relation to any proceedings and all moneys paid to the Fund by the person who has received legal aid in connection with those proceedings together exceed the amount which in the opinion of the Committee would if the assisted person were not an assisted person be properly chargeable to him for costs as between solicitor and client in those proceedings the amount of the excess shall be paid out of the Fund to the assisted person. 27. Power to award costs out of Legal Aid Fund . (I) (a) Where a person receives legal aid in connection with any proceedings between him and a person not receiving legal aid (in this section referred to as " the unassisted person ") and those proceedings are finally decided in favour of the unassisted person. the court by which the proceedings are so decided may, subject to the provisions of this section, make an order for the payment to the unassisted person out of the Fund of the whole or any part of the costs incurred by him in those proceedings. (b) An order may be made under this section in respect of any costs if (and only if) the court is satisfied that it is just and equitable in all the circumstances that provision for those costs should be made out of public funds; and before making such an order the court shall in every case (whether or not application is made in that behalf) consider what orders should be made for costs against the person receiving legal aid and for determining his liability in respect of such costs. (c) Without prejudice to the provisions of paragraph (b) above, no order shall be made under this section in respect of costs incurred in a court of first instance, whether by that court or by any appellate court, unless- (i) the proceedings in the court of first instance were instituted by the person receiving legal aid; and (ii) the court is satisfied that the unassisted person will suffer severe financial hardship unless the order is made. (d) An order under this section shall not be made by any court in respect of costs incurred by the unassisted person in any proceedings in which, apart from this Act, no order would be made for the payment of his costs. (e) Without prejudice to any other provision restricting appeals from any court, no appeal shall lie against an order under this section, or a refusal to make such an order, except on a point of law. (f) In this section "costs" means costs as between party and party; but the costs in respect of which an order may be made under this section include the costs of applying for that order.

Legal Assistance Act of 1965. NO. 67 919 (2) (a) Regulations may make provision for- (i) determining the proceedings which are or are not to be treated as separate proceedings for the purposes of this section, or as having been instituted by the person receiving legal aid for the purposes of subparagraph (i) of paragraph (c) of subsection (1) of this section, (ii) modifying subparagraph (ii) of paragraph (c) of subsection (1) of this section in its application to an unassisted person who is concerned in proceedings only in a fiduciary, representative or official capacity; and (iii) regulating the procedure to be followed in connection with orders under this section. (b) Regulations made by virtue of subparagraph (iii) of paragraph (a) of this subsection may in particular make provision for- ( i) the reference of applications for orders under this section. or of any questions of fact relevant to such applications, for inquiry and report by a registrar or other officer of the court or any other prescribed person, as the case may be; (ii) the exercise by a registrar or other officer of the court or any other prescribed person of the powers , under this section, of a court; (iii) enabling the Committee to be heard in connection with any order under this section. (3) (a) For the purposes of this section proceedings shall be treated as finally decided in favour of the unassisted person- (i) if no appeal lies against the decision in his favour; (ii) if an appeal lies against the decision with leave , and the time limited for applications for leave expires without leave being granted; or (iii) if leave to appeal against the decision is granted or is not required , and no appeal is brought within the time limited for appeal, and where an appeal against the decision is brought out of time the court by which the appeal ( or any further appeal in those proceedings) is determined may make an order for the repayment by the unassisted person to the Fund of the whole or any part of any sum previously paid to him in respect of those proceedings under this section. (b) Where a court decides any proceedings in favour of the unassisted person and an appeal lies (with or without leave ) against that decision, the court may , if it thinks fit, make or refuse to make an order under this section forthwith , but any order so made shall not take effect- (i) where leave to appeal is required , unless the time limited for applications for leave to appeal expires without leave being granted; (ii) where leave to appeal is granted or is not required , unless the time limited for appeal expires without an appeal being brought; ( iii) if the appeal is duly brought , until it is finally decided. (4) Where a person begins to receive legal aid in connection with any proceedings after those proceedings have been instituted or ceases to receive legal aid before they are finally decided , or otherwise receives

920 Legal Assistance Act of 1965, ho. 6" legal aid in connection with part only of any proceedings, the reference in paragraph (a) of subsection (1) of this section to the costs incurred b^, the unassisted person in those proceedings shall be construed as a reference to so much of those costs as is attributable to that part. 28. Explanation of references to payments . For the removal of doubts it is hereby declared that- (a) a provision of this Act requiring anything to be paid into or out of the Fund is not to be taken as requiring the making of an actual payment, so as to prevent the obligation to make it being satisfied in whole or in part by an allowance in account or in any other way ; and (t) references to payments, to sums paid or payable or to receipts and similar references (whether in connection with the Fund or not) shall be read accordingly. PART I V-MISCELLANEOUS 29. Certain information not to be disclosed or given in evidence without consent of Committee . (1) No member, officer or employee of the Committee shall, without the consent of the Committee- (a) produce in any court any document received by the Committee or any officer or employee of the Committee in relation to any application for legal assistance; (b) communicate or permit to be communicated to any person other than the solicitor acting for the assisted person or give in evidence in any court any information received by the Committee or any officer or employee of the Committee in relation to any application for legal assistance. (2) No court shall have power to compel any such member, officer or employee to produce any such document or communicate or give in evidence any such information unless the Committee has consented to that production or communication. 30. Proceedings for misrepresentation , &c. (1) If any person seeking or receiving legal assistance- (a) wilfully fails to comply with any regulations as to the information to be furnished by him; or (b) in furnishing any information required by the regulations knowingly makes any false statement or false representation, he shall be liable on summary conviction to a fine not exceeding seven hundred and fifty pounds or to imprisonment for a term not exceeding six months. or to both: Provided that where- (i) a person charged with any such offence before justices objects to the charge being dealt with summarily; or (ii) the justices before whom a person is charged with any such offence are of opinion that the charge is a fit subject for prosecution by indictment, the Justices shall abstain from dealing with the case summarily. A person guilty of an offence against this section shalll be liable on conviction on indictment to a fine not exceeding one thousand five hundred -pounds or to imprisonment for a term not exceeding three years, or to both.

Legal Assistance Act of 1965. No. 67 921 (2) The amount of any loss sustained by the Fund by reason of the failure of a person seeking or receiving legal assistance to comply with any such regulations as aforesaid , or by reason of a false statement or false representation made by such person in furnishing information for the purposes of this Act may be recovered from such person by the Committee ( whether or not such person has been proceeded against for an offence under this Act in respect of such loss). 31. (1) Limitation of actions . No matter or thing done by the Minister or by any person acting with the authority of the Minister, or done by the Committee, or any local committee, or by the Society, or by any member or officer or employee of the Committee or any local committee or of the Society in good faith and without negligence for the purpose of executing this Act or in the execution of his or its powers and duties under this Act, shall subject the Crown, or the Minister, or the Committee, local committee, Society, member, officer, employee or person to any liability in respect thereof. (2) Saving of civil rights . Subject to subsection (1) of this section nothing done in this Act and no proceedings taken under this Act against any person shall in any way interfere with any right or remedy by civil or criminal proceedings or process which any person aggrieved might have had had this Act not been passed. 32. Summary proceedings , &c. (1) Any person who contravenes or fails to comply with any provision of this Act shall be guilty of an offence against this Act. (2) Except where otherwise provided all offences against this Act may be prosecuted in a summary way under " The Justices Acts, 1886 to 1964." (3) A prosecution for an offence against this Act may be instituted at any time within twelve months after the commission of the offence or within twelve months after the commission of the offence comes to the knowledge of the complainant, whichever is the later period. (4) Without prejudice to any other right or remedy, all moneys recoverable by the Committee may be recovered as a debt by action in any court of competent jurisdiction. 33. General penalties . A person guilty of an offence against any provision of this Act shall be liable, if no specific penalty is provided for that offence, to a fine not exceeding one hundred pounds or to imprisonment for a term not exceeding three months or to both. 34. Regulations , &c. (1) The Governor in Council may from time to time make regulations providing for all or any purposes, whether general or to meet particular cases, that are convenient for the administration of this Act or that are necessary or expedient for carrying out the objects and purposes of this Act, or for preventing abuses hereof, and without limiting the generality of the foregoing provisions of this subsection providing for all or any of the purposes, matters, and things specified in the Schedule to this Act.

922 Legal Assistance Act of 1965, No. 6'' (2) The power to make with respect to any persons or any matters or things whatsoever, any regulation under this Act shall include power to make that regulation so that it may be of general or specially limited application according to time, place, purposes, class, description or circumstances, or otherwise as is prescribed, and so that any regulation of specially limited application may or may not differ from any other regulation of specially limited application with respect to the same persons, matters or things. The power to make regulations with respect to any matter or thing shall include power to make regulations prohibiting that matter or thing either generally or to meet particular cases. (3) Regulations may also modify any provision of Part Ili of this Act so far as it appears to the Governor in Council necessary to meet the special circumstances where- (a) a person seeking or receiving legal aid or advice- (i) is not resident in Queensland; (ii) is concerned in a representative , fiduciary or official capacity; or (iii) is concerned jointly with or has the same interest as other persons , whether receiving legal assistance or not; or (iv) has available to him rights or facilities making it unnecessary for him to take advantage of this Act or has a reasonable expectation of receiving financial or other help from a body of which he is a member; (b) a person seeks legal aid in a matter of special urgency; (c) a person begins to receive legal aid after having consulted a solicitor in the ordinary way with respect to the same matter, or ceases to receive legal aid before the matter in question is finally settled; (d) there is any relevant change of circumstances while a person is receiving legal aid. 35. Publication of Proclamations , Orders in Conseil , regulations and notifications . (1) Every Proclamation, Order in Council , regulation or notification made under this Act shall- (i) be published in the Gazette; (ii) upon its publication in the Gazette, be judicially noticed and such publication shall be conclusive evidence of the matters contained therein ; (iii) take effect from the date of such publication unless, in the case of any regulation a later date is specified in that or any other regulation for its commencement when in such event it shall take effect from that later date ; (iv) be laid before the Legislative Assembly within fourteen sitting days after such publication, if the Legislative Assembly is in session, and if not, then within fourteen sitting days after the commencement of the next session. (2) If the Legislative Assembly passes a resolution of which notice has been given at any time within fourteen sitting days after any such Proclamation, Order in Council, regulation or notification has been laid before it disallowing the same or part thereof, that Proclamation, Order in Council. regulation, notification or part thereof shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime or to the making of a further Proclamation, Order in Council. regulation or notification.

Legal Assistance Act of 1965, No. 67 923 SCHEDULE SUBJECT-MATTERS FOR REGULATIONS 1. Committee , &c. Prescribing, regulating and controlling the functions, powers, authorities and duties of the Committee, of local committees, the Advisory Committee, and the Society for the purposes of this Act, including, but without limiting the generality thereof, prescribing, in relation to the Committee and any local committee, the tenure of office of all or any members, providing for their appointment upon failure of due nomination, providing for their eligibility for re-appointment, providing for their disqualification and removal from office and for their resigning from office, providing for the appointment of deputy members and for the filling of any extraordinary vacancy in any office of member, prescribing the remuneration and allowances and indemnification of members of the Committee and of local committees . and providing for the delegation of any powers of the Committee to any local committee; providing any matters or things with respect to the constitution of any local committee; authorising and making provision with respect to the appointment and employment of officers and employees including their indemnification and the terms and conditions of their appointment and employment and making provision for their superannuation benefits, and prescribing, regulating and controlling any other matters in respect of their appointment and employment. 2. Scbene . Prescribing any matters and things necessary or desirable with respect to the establishment and maintenance of the scheme. 3. Trust bank accounts. Prescribing any matters and things necessary or desirable with respect to the depositing with the Society of moneys from trust bank accounts of solicitors and the repayment of such moneys by the Society to solicitors ; providing for the furnishing as prescribed of certificates of compliance with respect to the depositing by solicitors of moneys in accordance with section ten of this Act and prescribing the persons to and by whom and the times and occasions when such certificates shall be furnished ; prescribing any matters and things in relation to the guaranteeing of those repayments by the Guarantee Fund. 4. Investments . Prescribing any matters and things necessary or desirable with respect to the investing of moneys under this Act. 5. Accounts . Prescribing the accounts required to be kept in relation to the moneys received by the Society, the Committee, any local committee, and others for the purposes of this Act and prescribing, regulating and controlling the mode of keeping and maintaining those accounts and making such provision as may be necessary or desirable with respect to the inspection, examination and audit of all or any of those accounts. 6. Legal advice . The defining or restricting the questions (whether appertaining to the law of this State or elsewhere) upon which legal advice may be given. i. Legal aid. Prescribing, regulating and controlling the occasions on which legal aid may be given. 8. Legal assistance . Prescribing, regulating and controlling applications for legal assistance, the manner of making and dealing with those applications, the powers and authorities in relation thereto, the lodging of claims for professional services rendered by counsel and solicitors in respect of legal assistance granted, the determination and payment of those claims (including provision for part-payment thereof

924 Legal Assistance Act of 1965. j\u. 6' in settlement in full, and the mode by which that part-payment may be determined), and all other matters and things necessary or desirable in relation to the scheme. 9. Information . Prescribing, providing for and regulating the information to be furnished to the Committee by persons seeking or in receipt of legal assistance, including the times when and the manner in which such information is to be furnished, and the manner in which it is to be verified. 10. Disposable capital and income . Providing rules for assessing disposable capital and income for the purposes of determining the eligibility for grant of any legal assistance; prescribing the powers of the Committee and any sub-committee for the purposes of ascertaining or verifying the disposable capital and disposable income of applicants. 11. Facilitation of proof . The mode and onus of proof required to be proved under and for the purposes of this Act and for facilitating such proof; for the purposes of any proceedings under this Act dispensing with proof of any formal matters as to handwriting or documents or of authority. 12. Forms. Prescribing forms (including registers and records) under and for the purposes of this Act and the respective purposes for which such forms shall be used and specifying any information required to be contained in such forms.