Family Law Amendment (Legal Aid Costs) Act 1983
No 67 of 1983
An Act to amend the Family Law Act 1975 to provide for grants to the States and to the Northern Territory for legal aid to be made subject to conditions, to provide for payments for legal aid to be made subject to conditions and to provide for the making of regulations with respect to fees payable to legal practitioners by bodies providing legal aid
[Assented to 20 October 1983]
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
Short title, &c.
1. (1) This Act may be cited as the Family Law Amendment (Legal Aid Costs) Act 1983.
(2) The Family Law Act 19751 is in this Act referred to as the Principal Act.
Commencement
2. This Act shall come into operation on the day on which it receives the Royal Assent.
3. Before section 117 of the Principal Act the following sections are inserted:
Financial assistance subject to conditions
“116a. (1) Payments by way of financial assistance, for the purposes of, or in connection with, the provision of legal assistance in connection with matters arising under this Act or under the regulations, may be made to a State or to the Northern Territory—
(a) out of moneys lawfully available; and
(b) on such conditions (if any) as are specified by the Minister by instrument in writing, being conditions relating to the provision of legal assistance in connection with such matters.
“(2) A payment by way of financial assistance that is made on conditions specified by the Minister in an instrument made under sub-section (1) is made on the additional condition that, if a condition so specified is not fulfilled, the State or the Northern Territory, as the case requires, will, if the Minister so determines, repay to the Commonwealth such amount (not being an amount greater than the amount of the payment) as the Minister specifies in the determination as the amount that should be repaid by the State or by the Northern Territory, as the case may be.
“(3) An amount repayable by a State or by the Northern Territory to the Commonwealth in accordance with the condition provided for in sub-section (2) is a debt due by the State or by the Northern Territory, as the case may be, to the Commonwealth.
“(4) This section binds the Crown in right of the Commonwealth, of each of the States and of the Northern Territory.
Payments subject to conditions
“116b. (1) Payments may be made by the Commonwealth, for the purposes of, or in connection with, the provision of legal assistance in connection with matters arising under this Act or under the regulations—
(a) out of moneys lawfully available; and
(b) on such conditions (if any) as are specified by the Minister by instrument in writing, being conditions relating to the provision of legal assistance in connection with such matters.
“(2) A payment that is made on conditions specified by the Minister in an instrument made under sub-section (1) is made on the additional condition that, if a condition so specified is not fulfilled, the person to whom, or the authority or body to which, the payment was made will, if the Minister so determines, repay to the Commonwealth such amount (not being an amount greater than the amount of the payment) as the Minister specifies in the determination as the amount that should be repaid by the person, authority or body, as the case may be.
“(3) An amount repayable by a person, authority or body to the Commonwealth in accordance with the condition provided for in sub-section (2) is a debt due by the person, authority or body, as the case may be, to the Commonwealth.
“(4) This section binds the Crown in right of the Commonwealth, of each of the States, of the Northern Territory and of Norfolk Island.
Payments to legal practitioners by legal aid bodies
“116c. (1) The regulations may, in relation to matters included in a class of matters arising under this Act or under the regulations, fix or limit, or provide for the fixing or limiting of, the amounts that may be paid by relevant authorities to legal practitioners acting in such matters.
“(2) A relevant authority that pays, to a legal practitioner acting in a matter arising under this Act or under the regulations, an amount that exceeds the amount that the relevant authority is permitted, by regulations made under sub-section (1), to pay to that legal practitioner in respect of that matter is, if the Minister so determines by instrument in writing, liable to pay to the Commonwealth such amount as the Minister specifies in the instrument, not being an amount greater than the amount of the excess.
“(3) An amount payable by a relevant authority to the Commonwealth in accordance with a determination of the Minister under sub-section (2) is a debt due by the relevant authority to the Commonwealth.
“(4) This section, and regulations made under sub-section (1), bind the Crown in right of the Commonwealth, of each of the States, of the Northern Territory and of Norfolk Island.
“(5) In this section—
‘relevant authority’ means a person, authority or body (including an authority or body established by or under a law of a State or Territory) that, from time to time, receives relevant funding;
‘relevant funding’, in relation to a person, authority or body, means funding received, whether directly or indirectly, by the person, authority or body from the Commonwealth for the purposes of, or in connection with, the provision of legal assistance by the person, authority or body in connection with matters arising under this Act or under the regulations.”.
NOTE
1. No. 53, 1975, as amended. For previous amendments, see Nos. 63, 95 and 209, 1976; No. 102, 1977; No. 23, 1979; and No. 2, 1982.