Legal Assistance (Amendment) Act 1957 (NSW)

LEGAL ASSISTANCE (AMENDMENT) ACT.

Act No. 63, 1957.

An Act to authorise the granting of legal assis- tance to additional classes of persons; for this and other purposes to amend the Legal Assistance Act, 1943, as amended by subse- quent Acts; and for purposes connected therewith. [Assented to, 9th December, 1957.]

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legis-	lative Council and Legislative Assembly of New South
Wales in Parliament assembled, and by the authority of the same, as follows :—
1 . (1) This Act may be cited as the "Legal Assistance (Amendment) Act, 1957".

(2) The Legal Assistance: Act, 1943, as amended by subsequent Acts and by this Act, may be cited as the Legal Ass is tance Act, 1943-1957.

2 . The Legal Assis tance Act,.. 1943, as amended by

subsequent Acts , is amended—

(a)	(i)	by inser t ing in p a r a g r a p h (b) of subsection two of section six af ter the words and symbols " (as modified by subsection (4A) of this section.) ' ' the words ' ' to an
' app l i can t ' " ;

(ii) by omit t ing from p a r a g r a p h (b) of sub­

section four of the same section the words " o n e hundred p o u n d s " and by inser t ing in

lieu thereof the words- " t w o hundred

p o u n d s " ;

(iii) by omit t ing from s u b p a r a g r a p h ( v ) of the

same p a r a g r a p h the words " s e v e n hundred

and fifty p o u n d s " and by inser t ing in lieu

thereof	the	words	" t h r e e	thousand
p o u n d s " ;

(iv)' by omit t ing from p a r a g r a p h (c) of the same

subsection the word " f i f t y " where firstly occurr ing and by inser t ing in lieu thereof

the word " seven ty - f ive" ;

(v)    by omit t ing from the same p a r a g r a p h the words " t h e needs basic wage assessed on

the index number for Sydney for the qua r t e r cur ren t at the date of the application, together with the fixed loading addit ion

applicable to the- needs basic wage so a s s e s s e d " and by inser t ing in lieu thereof the words ' ' t h e basic wage for adul t males assessed and calculated in accordance with the provis ions of p a r a g r a p h (a) of subsec­ tion two of section 61K of the Indus t r i a l Arb i t r a t ion Act, 1940,, as amended by sub­ sequent Acts , and as last adjusted in accordance w i t h the provisions of section

61M of tha t Act, as so amended, before the

applicat ion is m a d e " ; (vi)

(vi)   by inserting at the end of subsection (4A) of the same section the following new

p a r a g r a p h s and subsection:—

(d)	the Public Solicitor may, in any case where the appl icat ion is made on behalf of an infant who is unmar r i ed and the next friend making the appl icat ion is a nea r relat ive (as defined in subsection two of th is section) of the infant and where it appea r s to the Public Solicitor in his absolute discret ion to be reasonable to do so to relieve hardsh ip , d i s rega rd
the income of the nea r re la t ive ;
(e)	the spouse of an applicant shall be deemed to be total ly dependent on the app l ican t ;
(f)	where the app l ican t ' s spouse is dead any income of such deceased spouse dur ing the per iod of twelve months preceding the making of the applica­ tion shall not be taken into account.

(4B) The provisions of this section

extend—

(a) to any person applying for legal assis tance under this section whose

New South Wales but within the o rd ina ry place of residence is without

Br i t i sh Commonwealth of N a t i o n s :

P rov ided tha t for the purposes only of the appl icat ion of this section to any such person whose o rd ina ry place of residence is wi thout the Commonwealth of Aus t ra l i a , this

section shall be deemed to be

amended—

(i) by omit t ing p a r a g r a p h (c) of

subsection t h r e e ;

(ii)

(ii) by omit t ing s u b p a r a g r a p h (v)

of p a r a g r a p h	(b) of	subsection
four ;

(iii)    by omit t ing p a r a g r a p h (c) of the same subsection and by inser t ing in lieu thereof the

following p a r a g r a p h : —

(c)	having regard to the value of any dwelling house owned and used by the appl icant as his home, to the income of the appl icant and of the spouse of the appl icant dur ing the per iod of twelve months preced­ ing the making of the applicat ion and to the
number of persons

total ly dependent on the appl icant or spouse, a certificate under this subsection ought to be g r a n t e d ;

(b)	to any person applying for legal assistance under this section in his capaci ty as an executor, adminis t ra ­
tor or t r u s t e e : P rov ided purposes only of the applicat ion of tha t for the

this section to any person in any such

capacity, this section shall be deemed
to be amended—

(i) b y omit t ing subsection two ;

(ii)    by omit t ing from p a r a g r a p h (a) of subsection three the words " m e a n s and condition of the a p p l i c a n t " and by inser t ing in lieu thereof the

words

words " n e t value, at the da te of the application, of the estate of the deceased person of which es ta te the appl icant is the executor, admin i s t ra to r or t r u s t e e " ;

(iii)    by omit t ing p a r a g r a p h s (b) and (c) of subsection four and by inser t ing in lieu thereof the

following p a r a g r a p h s : —

(b)	the net value, at the da te of the applicat ion, of the es ta te of the deceased pe r son of which estate the appli­ cant is the executor, ad­ min i s t r a to r or t rus tee does not exceed three thousand p o u n d s ; and
(c)	refusal to grant a certi­ ficate under th i s sub­
section would cause

undue h a r d s h i p to any person enti t led to any beneficial in teres t in the estate of the deceased person of which es ta te the appl icant is the

executor, admin i s t r a to r

or t rus tee .

(iv) by omit t ing from subsection

(4A) the words , symbols and le t ters " p a r a g r a p h s (b) and ( c ) " and by inser t ing in lieu thereof the word, symbols and

let ter " p a r a g r a p h ( b ) " ;

(v)    by omit t ing p a r a g r a p h s (b) , (c) , ( d ) , (e) and (f) of the same subsection.

W h e r e

W h e r e any applicat ion for legal assist­ ance is made under this section or section seventeen of th is Act by a person in his capaci ty as an executor, admin i s t ra to r or t rus tee a reference in this Act to an " a p p l i c a n t " shall be const rued as a refer­ ence to the appl icant in his capaci ty as an executor, admin i s t r a to r or. t rus tee , as the case may be, and where such person has , p u r s u a n t to such application, been g ran ted a certificate t ha t he is enti t led to legal assistance under this Act, such person shall, by v i r tue of tha t certificate, be deemed to be an assis ted p e r s o n only in such capaci ty as aforesaid.

I n subsection four of th i s section, as
deemed to be amended by p a r a g r a p h (b)

of this subsection, and in this subsection—

" A d m i n i s t r a t o r " means admin i s t ra to r

within the' mean ing of the Wills , P r o b a t e and Admin is t ra t ion Act, 1898, as amended by subsequent Acts .

" E x e c u t o r " means the executor to

w h o m proba te has been g ran ted and includes executor by r igh t of representa t ion .

" T r u s t e e " means t rus tee of t he estate

of a deceased person:

(b) (i) by inser t ing in subsection one of section

seventeen af ter the w o r d i " h a s , " the words

" w h e t h e r or no t " ' ;

(ii)   by inserting in subsection two of the same section af te r the ' words- "'so to a c t " the following new proviso:?—

Prov ided t h a t where an applicat ion is
made under subsection one of this section
for the purpose of t ak ing or contest ing an

appeal

appeal against the decision of a court in New South Wales in proceedings to which the applicant was, otherwise than as an assisted person, a party, the Public Solicitor shall not exercise his powers under this subsection unless he is satisfied that, if the application were an application for legal assistance in respect of such proceedings being made under section six of this Act by the applicant, it would not be refused under that section.

(iii)   by inserting in the same subsection after the words "under this section" the words " i n relation to an assisted person" ;

(iv)   by omitting from the same subsection the words "such person a n d " and by inserting in lieu thereof the words " a n y person whose application under this section is granted and t o " .