{"id":"criminal-law-legal-representation-act-2001","name":"Criminal Law (Legal Representation) Act 2001","slug":"criminal-law-legal-representation-act-2001","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31864,"registerId":"sa-criminal-law-legal-representation-act-2001-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Criminal Law (Legal Representation) Act 2001","content":"South Australia\nCriminal Law (Legal Representation) Act 2001\nAn Act to ensure that legal representation is available for persons charged with serious offences; and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tObject\n4\tInterpretation\n5\tTerritorial application of Act\nPart 2—Entitlement to legal assistance\n6\tEntitlement to legal assistance\n7\tCommission to choose legal practitioner by whom legal assistance is to be provided\nPart 3—Representation procedures\n8\tProcedures to be followed at directions hearing\n9\tRepresentation of certain defendants\n10\tCertain costs may be awarded against defendant personally\nPart 4—Modification of common law rights\n11\tModification of common law\nPart 5—Recovery of legal assistance costs\nDivision 1—Investigations and inquiries into assets\n12\tCommission's powers of investigation\nDivision 2—Recovery from financially associated persons\n13\tRecovery from financially associated persons\nDivision 3—Power to deal with assets and transactions\n14\tPower to deal with assets\n15\tPower to set aside transactions\nPart 6—Miscellaneous\n16\tExercise of jurisdiction\n17\tPeriodic accounts and final accounts\n18\tReimbursement of Commission\n19\tProtection for Commission against orders for costs\n20\tService\n21\tTransitional provision\n22\tRegulations\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Criminal Law (Legal Representation) Act 2001.\n3—Object\nThe objects of this Act are—\n\t(a)\tto ensure that legal representation is available to persons charged with serious offences; and\n\t(b)\tas a consequence of the provision made for legal representation—to limit the application of the rule under which the trial of a person charged with a serious offence may be stayed on the ground that the trial would be unfair for want of legal representation; and\n\t(c)\tto ensure, as far as practicable, that trials are not disrupted by adjournments arising because the defendant lacks legal representation; and\n\t(d)\tto ensure that defendants who obtain legal representation under this Act pay for it to the extent their means allow.\n4—Interpretation\n\t(1)\tIn this Act—\nassisted person means a person for whom legal assistance of a kind mandated under section 6(1) or (1a) is, or has been, provided;\nassociated proceedings, in relation to a trial, means proceedings that are preliminary or ancillary to the trial (including proceedings in which the validity of the charge is challenged), but does not include—\n\t(a)\tany such proceedings that commence before the first directions hearing after arraignment; or\n\t(b)\tan appeal; or\n\t(c)\tproceedings under this Act;\ncategory 1—see subsection (2);\ncategory 2—see subsection (2);\nCommission means the Legal Services Commission;\ncourt means the court before which the defendant is arraigned;\ndate of a relevant offence means the date on which the offence is alleged to have been committed;\ndefendant means a person charged with an offence;\nfinancially associated—a person is financially associated with an assisted person if—\n\t(a)\ta financial association exists between them under criteria generally applied by the Commission for determining whether a financial association exists; and\n\t(b)\tthe Commission has determined that a financial association exists between them;\nlegal assistance means legal assistance under the LSC Act;\nlegal assistance costs, in respect of an assisted person, means all costs of providing legal assistance to the person in relation to the relevant trial (see section 5(2) of the LSC Act) regardless of whether the costs were incurred before or after the person became an assisted person and includes the costs of providing—\n\t(a)\tlegal assistance of a kind mandated under section 6(1) and (1a); and\n\t(b)\tall other legal assistance (other than prescribed legal assistance) which the person was eligible for and provided with under the LSC Act for matters related to and preliminary or ancillary to the trial, including (without limitation) committal proceedings under Part 5 Division 3 of the Criminal Procedure Act 1921;\nLSC Act means the Legal Services Commission Act 1977;\nprescribed legal assistance means—\n\t(a)\tlegal assistance provided to a person for the purposes of an appeal against conviction or sentence; and\n\t(b)\tlegal assistance of a kind prescribed by the regulations;\nrelevant offence means the offence with which an assisted person is charged;\nsection 13B witness means a witness who is the alleged victim of an offence to which section 13B of the Evidence Act 1929 applies;\nserious offence means an indictable offence under the law of the State that is to be tried in the Supreme Court or the District Court, and includes any summary offence that is to be tried together with such an offence in the same proceedings;\ntrial means a trial of a serious offence before the Supreme Court or the District Court.\n\t(2)\tAssisted persons are divided into 2 categories as follows:\n\t(a)\tthose who are, apart from this Act, eligible for legal assistance under the LSC Act (category 1); and\n\t(b)\tthose who are not (category 2).\n\t(3)\tFor the purposes of the definition of associated proceedings, proceedings may be preliminary or ancillary to a trial whether or not the matter actually proceeds to trial.\n5—Territorial application of Act\n\t(1)\tThis Act applies to—\n\t(a)\tproperty within or outside the State; and\n\t(b)\ttransactions occurring within or outside the State.\n\t(2)\tThis Act applies outside the State to the full extent of the extra-territorial legislative capacity of the Parliament.\nPart 2—Entitlement to legal assistance\n6—Entitlement to legal assistance\n\t(1)\tIf an application is made to the Commission for legal assistance by a person charged with a serious offence, the Commission must (subject to the qualifications that appear below) grant legal assistance by way of—\n\t(a)\tlegal representation for the trial of the offence; and\n\t(b)\tlegal representation for associated proceedings—\n\t(i)\tthat are not initiated by the defendant; or\n\t(ii)\tthat are initiated by the defendant and have, in the Commission's opinion, sufficient merit to justify being brought within the ambit of the legal assistance.\n\t(1a)\tIf a defendant who is not legally represented in a trial applies to the Commission for legal assistance for the cross‑examination of a section 13B witness in the trial, the Commission must (subject to the qualifications that appear below) grant such legal assistance.\n\t(2)\tThe LSC Act applies, subject to this section, to an application for, or grant of, legal assistance under this section.\n\t(3)\tIn particular, the Commission's obligation to grant legal assistance does not prevent it from imposing conditions under the LSC Act on the grant of legal assistance.\nExamples—\n1\tThe Commission might impose a condition requiring the assisted person to do either or both of the following:\n\t(a)\tto make payments in advance to the Commission towards legal assistance costs;\n\t(b)\tto indemnify the Commission in full for legal assistance costs.\n2\tThe Commission might impose a condition requiring the assisted person to authorise a bank or other third party to disclose to the Commission information relevant to the assisted person's financial affairs.\n3\tThe Commission might impose a condition limiting the ambit of the assistance so that it does not extend to the funding of forensic strategies that have, in the Commission's opinion, no reasonable prospect of success.\n\t(4)\tThe Commission must not terminate legal assistance granted under this section unless—\n\t(a)\tthe assisted person—\n\t(i)\tobtains privately funded legal representation for the trial, an associated proceeding or the cross-examination of a section 13B witness (as the case may be); or\n\t(ii)\tnotifies the Commission of an intention to do without legal representation; or\n\t(b)\tthe assisted person contravenes or fails to comply with a condition on which the legal assistance was granted and the court authorises the Commission to terminate legal assistance on that ground; or\n\t(c)\tthe assisted person refuses or fails to cooperate with the legal practitioner assigned to provide the legal assistance and the court authorises the Commission to terminate the legal assistance on that ground; or\n\t(d)\tthe defendant is charged with a minor indictable offence and legal assistance was granted on the basis that the defendant was to be tried in the Supreme Court or the District Court but it now appears that the trial is to proceed before the Magistrates Court.\n\t(5)\tIf legal assistance has been terminated under subsection (4) and a further application for legal assistance is made—\n\t(a)\tthe Commission has an absolute discretion whether to grant or refuse the further application and is under no obligation to grant it; and\n\t(b)\tif the Commission grants the application, it has an absolute discretion to terminate the legal assistance on any ground it considers sufficient (and a decision to do so cannot be challenged in any way).\n7—Commission to choose legal practitioner by whom legal assistance is to be provided\n\t(1)\tThe Commission is to choose the legal practitioner by whom legal assistance is to be provided for a category 2 assisted person.\n\t(2)\tIf the assisted person has expressed a preference on the subject, the Commission may have regard to the expressed preference but is not bound by it.\n\t(3)\tNo inference is to be drawn from this section about the rights of category 1 assisted persons.\nPart 3—Representation procedures\n8—Procedures to be followed at directions hearing\n\t(1)\tAt the first directions hearing to be held after the defendant's arraignment, the court—\n\t(a)\tmust consider the question whether a direction is required under this section; and\n\t(b)\tmust determine the question at that hearing or as soon as practicable afterwards.\n\t(2)\tIf the defendant is represented by a lawyer, the lawyer must, at least 7 days before the day fixed for the first directions hearing, file in the court a certificate certifying that—\n\t(a)\tthe defendant is an assisted person; or\n\t(b)\tthe lawyer undertakes that the defendant will be provided with legal representation for the duration of the trial; or\n\t(c)\tthe defendant is not an assisted person and the lawyer is not prepared to give an undertaking under paragraph (b).\n\t(3)\tThe court must direct the defendant to make an application to the Commission for legal assistance unless—\n\t(a)\tthe defendant is an assisted person; or\n\t(b)\tthe defendant's lawyer has given an undertaking to the court that the defendant will be provided with legal representation for the duration of the trial; or\n\t(c)\tthe court is satisfied, on the basis of a written assurance given by the defendant, that the defendant does not want legal representation at the trial.\n\t(4)\tA direction under this section must fix a reasonable time within which the direction is to be complied with.\n9—Representation of certain defendants\n\t(1)\tThis section applies to a defendant who—\n\t(a)\tis not an assisted person; and\n\t(b)\teither—\n\t(i)\thas given the court a written assurance that the defendant does not want legal representation at the trial; or\n\t(ii)\thas been directed by the court to make an application for legal assistance and has failed to comply with the direction.\n\t(1a)\tThis section does not apply to a defendant in a trial who is only represented by a lawyer for the purposes of the cross-examination of a section 13B witness in the trial.\n\t(2)\tA defendant to whom this section applies may only be represented by a lawyer at the trial or in an associated proceeding if the lawyer, or some other lawyer on whose instructions the lawyer is acting, files in the court a certificate certifying that the lawyer undertakes that the defendant will be provided with legal representation for the duration of the trial.\n\t(3)\tA lawyer who provides legal representation, advice or other legal services in connection with the trial or an associated proceeding for a defendant to whom this section applies between the relevant dates is not entitled to any fee for those services.\n\t(4)\tThe relevant dates are as follows:\n\t(a)\tthe first date is—\n\t(i)\tfor a defendant who has given the court a written assurance that he or she does not want legal representation at the trial—the date of that assurance;\n\t(ii)\tfor a defendant who has been directed by the court to make an application for legal assistance—the date of the direction;\n\t(b)\tthe second date is the date on which a lawyer files in the court a certificate certifying that the lawyer undertakes that the defendant will be provided with legal representation for the duration of the trial.\n10—Certain costs may be awarded against defendant personally\n\t(1)\tIf—\n\t(a)\tthe court adjourns a trial or associated proceedings in order to allow the defendant to make an application for legal assistance or to obtain legal representation in some other way; and\n\t(b)\tthe adjournment is attributable to the defendant's failure to make proper arrangements for legal representation in advance of the proceedings or to a change of mind on the part of the defendant about legal representation,\nthe court may make an order against the defendant personally for the costs of the adjournment and the costs of the proceedings thrown away by the adjournment.\n\t(2)\tHowever, the court may not make such an order if the adjournment is to allow a defendant who is not legally represented in a trial to obtain legal representation for the purposes of the cross‑examination of a section 13B witness in the trial.\nPart 4—Modification of common law rights\n11—Modification of common law\nThe fairness of a trial (or a prospective trial) cannot be challenged (and a trial or prospective trial cannot be stayed) on the ground of lack of legal representation unless—\n\t(a)\tthe Commission has, contrary to this Act, refused or failed to provide legal assistance for the defendant; or\n\t(b)\tthe Commission has withdrawn legal assistance for the defendant on the ground that it has been unable to reach agreement with the Attorney-General on a case management plan.1\nNote—\n1\tFor the Commission's power to withdraw legal assistance on this ground, see section 18.\nPart 5—Recovery of legal assistance costs\nDivision 1—Investigations and inquiries into assets\n12—Commission's powers of investigation\n\t(1)\tThe Commission may conduct an investigation into the financial affairs of an assisted person, a financially associated person or a person who may be a financially associated person.\n\t(2)\tFor the purposes of an investigation under this section, the Commission may, by notice in writing, require any person who may be in a position to provide information about the financial affairs of the person under investigation—\n\t(a)\tto provide written answers to questions put by the Commission; or\n\t(b)\tto produce documents for inspection by an officer of the Commission; or\n\t(c)\tto attend before an officer of the Commission at a nominated time and place to answer questions about the financial affairs of the person under investigation.\n\t(3)\tA person who is required to answer questions under subsection (2)(a) must not refuse or fail to answer the questions within the time allowed in the notice.\nMaximum penalty: $2 500 or imprisonment for 6 months.\n\t(4)\tA person who is required to produce documents for inspection under subsection (2)(b) must not refuse or fail to produce the documents at the time and place nominated in the notice.\nMaximum penalty: $2 500 or imprisonment for 6 months.\n\t(5)\tA person who is required to attend before an officer of the Commission under subsection (2)(c) must not—\n\t(a)\trefuse or fail to attend before an officer of the Commission as required in the notice; or\n\t(b)\trefuse or fail to answer a question relevant to the financial affairs of the person under investigation put by an officer of the Commission.\nMaximum penalty: $2 500 or imprisonment for 6 months.\n\t(6)\tA person may not refuse to answer a question on the ground that the answer to the question would tend to incriminate the person but, if the person objects to answering the question on that ground, the answer is not admissible in criminal proceedings against the person (other than proceedings in which the answer is alleged to be false).\n\t(7)\tSubject to an order of the court to the contrary, the costs of an investigation under this section related to a category 2 assisted person (including an investigation into the financial affairs of a person who is or may be financially associated with the assisted person) are to be paid by the assisted person.\n\t(8)\tThe court may, on application by an assisted person, relieve the person from a liability to pay costs under subsection (7).\nDivision 2—Recovery from financially associated persons\n13—Recovery from financially associated persons\n\t(1)\tThis section applies only where the assisted person is a category 2 assisted person (but no limitation is to be inferred from this section on the Commission's powers—apart from this Act—to recover the whole or a part of legal assistance costs from a person financially associated with a category 1 assisted person).\n\t(2)\tThe court may, on application by the Commission or any other interested person, determine the extent to which it is reasonable that a person who is financially associated with an assisted person should contribute to the payment of the legal assistance costs.\n\t(3)\tThe court may make consequential orders for either or both of the following purposes:\n\t(a)\tproviding for payment by the financially associated person of an amount that reflects the determination;\n\t(b)\tdealing with the assets of the financially associated person under this Part.\nDivision 3—Power to deal with assets and transactions\n14—Power to deal with assets\n\t(1)\tThis section applies to the following:\n\t(a)\tassets of a category 2 assisted person;\n\t(b)\tassets of a person who is financially associated with a category 2 assisted person,\n(and assets include a future asset, such as a future right to superannuation).\n\t(2)\tThe court may, on application by the Commission, make orders of one or more of the following kinds in relation to an asset to which this section applies:\n\t(a)\tan order in the nature of an injunction to prevent dealing with or disposal of the asset;\n\t(b)\tif the court identifies the asset as being available for application towards legal assistance costs—\n\t(i)\tan order for partition;\n\t(ii)\tan order that the asset be held subject to trusts determined by the court;\n\t(iii)\tan order vesting the asset in the Commission;\n\t(iv)\tan order for sale of the asset or its conversion into money;\n\t(v)\tan order that the proceeds of the sale of the asset or its conversion into money be dealt with in a particular way;\n\t(vi)\tan order creating, or providing for the creation of, a charge over the asset.\n\t(3)\tIf an assisted person or a financially associated person is an object of a discretionary trust, the court may, on application by the Commission, make an order appropriating the trust property, or any part of the trust property, for application towards legal assistance costs.\n15—Power to set aside transactions\n\t(1)\tAn examinable transaction is a transaction involving a disposition of property entered into after the relevant date by—\n\t(a)\tan assisted person; or\n\t(b)\ta person who is financially associated with—\n\t(i)\tan assisted person of category 2; or\n\t(ii)\tan assisted person who would fall into category 2 if it were not for the transaction or a series of transactions of which the transaction is one.\n\t(2)\tThe relevant date is a date falling 5 years before the date of the relevant offence (and, if there are 2 or more of them, the earliest of them).\n\t(3)\tAn examinable transaction is liable to be set aside under this section unless the parties to the transaction satisfy the court that the transaction was entered into in good faith and for value.\n\t(4)\tThe court may, on application by the Commission—\n\t(a)\tset aside a transaction that is liable to be set aside under this section; and\n\t(b)\tmake any consequential or ancillary orders that may be just in the circumstances.\nPart 6—Miscellaneous\n16—Exercise of jurisdiction\n\t(1)\tThe court's jurisdiction under this Act may be exercised by a Master or a Judge.\n\t(2)\tHowever, a Judge who exercises the court's jurisdiction under Part 5 before the trial commences is not to preside in substantive proceedings and the trial Judge is not to exercise that jurisdiction before the conclusion of the trial.\n\t(3)\tIn subsection (2)—\nsubstantive proceedings means the trial and associated proceedings in which any of the following issues is raised:\n\t(a)\tthe validity of the charge;\n\t(b)\tthe court's jurisdiction to hear the charge;\n\t(c)\tif defendants are jointly charged—whether they should be tried separately;\n\t(d)\tif multiple offences are charged—whether the offences should be tried separately;\n\t(e)\twhether separate charges should be tried together;\n\t(f)\tthe admissibility of evidence at the trial;\n\t(g)\tany other issue that could result in the striking out of a charge or seriously affect the nature or extent of the trial.\n\t(4)\tA person who is dissatisfied with a decision of a Master in proceedings under Part 5 may, within 14 days after the date of the decision, apply to the court to have the decision reviewed by a Judge.\n\t(5)\tOn an application under subsection (4), the court must review the Master's decision and may confirm, vary or reverse it.\n17—Periodic accounts and final accounts\n\t(1)\tThe Commission must give periodic accounts to a person who is financially associated with an assisted person and liable to contribute to the payment of the legal assistance costs (a contributory) showing the total cost of the legal assistance provided to the date the account is made up.\n\t(2)\tAt the conclusion of the assignment, the Commission must give a final account to the contributory setting out the total legal assistance costs.\n18—Reimbursement of Commission\n\t(1)\tThe Commission is entitled to be reimbursed by the Treasurer in respect of the costs of providing legal assistance for a criminal case involving 1 or more assisted persons if—\n\t(a)\tthe case is subject to a case management plan approved by the Attorney-General under the Expensive Criminal Cases Funding Agreement; and\n\t(b)\tthe Commission complies with the approved case management plan.\n\t(2)\tThe amount the Commission is entitled to be reimbursed under subsection (1) is the amount by which the net amount of legal assistance costs for the case exceeds the relevant funding cap.\n\t(3)\tA case management plan may relate to a criminal case that is comprised of more than 1 trial if the trials are related trials and the Attorney-General is satisfied, in the circumstances of the case, that it is appropriate for the trials to be combined under a single case management plan.\n\t(4)\tDespite the requirements of subsection (3), a retrial arising out of a trial may, in any case, be included in a case management plan as part of the criminal case of the first trial.\n\t(5)\tSubject to subsection (3), if a case management plan complies with the criteria for approval fixed in the Expensive Criminal Cases Funding Agreement, the Attorney-General must approve the case management plan.\n\t(6)\tIf the Commission, after making reasonable attempts to reach agreement with the Attorney-General on a case management plan, fails to obtain the Attorney-General's approval, the Commission may, by notice in writing to an assisted person to whom the case management plan relates, withdraw legal assistance for that person.\n\t(7)\tThe Commission must, in each of its annual reports, publish the text of the Expensive Criminal Cases Funding Agreement as in force at the end of the year to which the report relates.\n\t(8)\tIn this section—\nExpensive Criminal Cases Funding Agreement means the agreement between the Commission and the Attorney-General governing the approval of case management plans for the purposes of this section and includes that agreement as amended from time to time;\nfunding cap means an amount fixed as the funding cap for criminal cases by the Commission for a particular financial year (which may vary according to the circumstances to which it is expressed to apply);\nnet amount of legal assistance costs in respect of a criminal case subject to a case management plan, means the gross amount of legal assistance costs for each assisted person to whom the case management plan relates less the amount of any payments the Commission has received or has a reasonable prospect of recovering from each assisted person (whether under this Act or the LSC Act) or a financially associated person;\nrelated trials—trials are related trials if the charges the subject of each trial are founded on the same facts or form, or are a part of, a series of offences of the same or a similar character (whether or not relating to the same accused person).\n19—Protection for Commission against orders for costs\nAn order for costs cannot be made against the Commission in proceedings under this Act.\n20—Service\nA notice or document required or authorised by this Act to be given to a person may—\n\t(a)\tbe given personally; or\n\t(b)\tbe given by post; or\n\t(c)\tbe transmitted—\n\t(i)\tby fax to a fax number provided by the person; or\n\t(ii)\tby e-mail to an e-mail address provided by the person.\n21—Transitional provision\nThis Act applies to a person committed for the trial of an offence on or after the commencement of this Act whether the offence is alleged to have been committed before or after the commencement of this Act.\n22—Regulations\n\t(1)\tThe Governor may make regulations for the purposes of this Act.\n\t(2)\tA regulation may provide that contravention of a regulation is a summary offence punishable by a fine not exceeding $10 000.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n2001\n36\n Criminal Law (Legal Representation) Act 2001\n3.8.2001\n11.2.2002 (Gazette 15.1.2002 p184)\n2004\n55\n Statutes Amendment (Legal Assistance Costs) Act 2004\n16.12.2004\nPt 2 (ss 4—11)—13.1.2005 (Gazette 13.1.2005 p69)\n2008\n7\n Statutes Amendment (Evidence and Procedure) Act 2008\n17.4.2008\nPt 2 (ss 4—7)—23.11.2008 (Gazette 20.11.2008 p5171)\n2020\n16\n Criminal Law (Legal Representation) (Reimbursement of Commission) Amendment Act 2020\n11.6.2020\n1.10.2020 (Gazette 24.9.2020 p4657)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nPt 1\n\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n13.1.2005\ns 4\n\n\ns 4(1)\n\n\nassisted person\nsubstituted by 7/2008 s 4(1)\n23.11.2008\n\nsubstituted by 16/2020 s 4(1)\n1.10.2020\nlegal assistance costs\ninserted by 55/2004 s 4\n13.1.2005\n\nsubstituted by 16/2020 s 4(2)\n1.10.2020\nprescribed legal assistance\ninserted by 16/2020 s 4(3)\n1.10.2020\nsection 13B witness\ninserted by 7/2008 s 4(2)\n23.11.2008\ns 4(3)\ninserted by 16/2020 s 4(4)\n1.10.2020\nPt 2\n\n\ns 6\n\n\ns 6(1)\namended by 7/2008 s 5(1)\n23.11.2008\ns 6(1a)\ninserted by 7/2008 s 5(2)\n23.11.2008\ns 6(3)\namended by 55/2004 s 5\n13.1.2005\ns 6(4)\namended by 7/2008 s 5(3), (4)\n23.11.2008\nPt 3\n\n\ns 9\n\n\ns 9(1a)\ninserted by 7/2008 s 6\n23.11.2008\ns 10\n\n\ns 10(1)\ns 10 redesignated as s 10(1) by s 7\n23.11.2008\ns 10(2)\ninserted by 7/2008 s 7\n23.11.2008\nPt 5\nheading substituted by 55/2004 s 6\n13.1.2005\nPt 5 Div 2\nheading substituted by 55/2004 s 7\n13.1.2005\ns 13\n\n\ns 13(1)\namended by 55/2004 s 8(1)\n13.1.2005\ns 13(2)\namended by 55/2004 s 8(2)\n13.1.2005\ns 13(3)\namended by 55/2004 s 8(3)\n13.1.2005\nPt 5 Div 3\n\n\ns 14\n\n\ns 14(2)\namended by 55/2004 s 9(1)\n13.1.2005\ns 14(3)\namended by 55/2004 s 9(2)\n13.1.2005\nPt 6\n\n\ns 17\n\n\ns 17(1)\namended by 55/2004 s 10(1)\n13.1.2005\ns 17(2)\namended by 55/2004 s 10(2)\n13.1.2005\ns 18 before substitution by 16/2020\n\n\ns 18(1)\namended by 55/2004 s 11(1)\n13.1.2005\ns 18(6)\n\n\nnet cost\ndeleted by 55/2004 s 11(2)\n13.1.2005\nnet amount\ninserted by 55/2004 s 11(2)\n13.1.2005\ns 18\nsubstituted by 16/2020 s 5\n1.10.2020\nTransitional etc provisions associated with Act or amendments\nCriminal Law (Legal Representation) (Reimbursement of Commission) Amendment Act 2020, Sch 1—Transitional provisions etc\n1—Application\n\t(1)\tThe amendments to the Criminal Law (Legal Representation) Act 2001 enacted by this Act apply in respect of a criminal case commenced before or after the commencement of this Act and irrespective of whether, before that commencement—\n\t(a)\tlegal assistance of a kind mandated under section 6(1) or (1a) of the Criminal Law (Legal Representation) Act 2001 had been provided for the case; or\n\t(b)\ta case management plan had been approved for the case by the Attorney-General under the Expensive Criminal Cases Funding Agreement.\n\t(2)\tHowever, if, at the commencement of this Act, the Legal Services Commission has been reimbursed, in whole or part, under section 18 of the Criminal Law (Legal Representation) Act 2001 in respect of a criminal case, any further entitlement to reimbursement in respect of the case is to be determined under the Criminal Law (Legal Representation) Act 2001 as in force before that commencement.\n2—Case management plans\nA case management plan approved by the Attorney-General in respect of a criminal case for the purposes of section 18 of the Criminal Law (Legal Representation) Act 2001 as in force immediately before the commencement of this Act is, after that commencement, taken to be a case management plan approved by the Attorney-General in respect of that criminal case for the purposes of section 18 of the Criminal Law (Legal Representation) Act 2001 (as substituted by this Act).\n3—Expensive Criminal Cases Funding Agreement\nThe Expensive Criminal Cases Funding Agreement as in force under section 18 of the Criminal Law (Legal Representation) Act 2001 immediately before the commencement of this Act continues as the Expensive Criminal Cases Funding Agreement in force under section 18 of the Criminal Law (Legal Representation) Act 2001 after that commencement.\nHistorical versions\n13.1.2005\n\n23.11.2008\n\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment is not possible as the legislative text was unavailable. No content was returned to compare against original intent."},"complexity_factors":["No legislative text was retrievable — the source page returned a 404 error","Complexity cannot be meaningfully assessed without access to the actual provisions","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"This South Australian Act deals with legal representation in criminal proceedings — who may be entitled to a lawyer, how court‑appointed or legal aid representation operates, and duties on courts or authorities to secure fair representation. It affects accused persons, practitioners, courts and legal aid bodies; check the official legislation site or contact OPCWeb@sa.gov.au for the current text."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Compared with the Act's core objects (ensuring representation, limiting stays, reducing adjournments, and securing defendant contributions (s3)), later provisions and amendments expand the State's recovery and control mechanisms. The Act now authorises inquiries into financial affairs with compulsory answers and penalties (s12), court-ordered contributions and orders against persons financially associated with assisted persons (s13), and broad asset remedies including vesting, sale and charges (s14). It also permits setting aside transactions occurring within 5 years before the relevant offence unless shown to be in good faith (s15). A reimbursement regime ties high-cost cases to Attorney‑General approved case management plans and creates a Treasurer reimbursement entitlement above a funding cap, plus a power for the Commission to withdraw assistance if it cannot agree a plan with the Attorney‑General (s18). These additions extend the Act from providing representation to active cost-recovery, investigative and fiscal-control functions, increasing compliance burdens (s12), practical discretion for the Commission (s6, s7, s18) and potential monetary liabilities for assisted and financially associated persons (s12(7), s13)."},"complexity_factors":["Two-tier beneficiary scheme (category 1 and category 2 assisted persons) creates different entitlements and recovery routes (s4(2), s6).","Commission discretion to grant, condition, terminate or refuse further legal assistance, and to select counsel for category 2 assisted persons (s6(1)–(5), s7).","Court procedural requirements at first directions hearing and certification duties for lawyers, plus consequences for non-compliance (s8–s9).","Powers for Commission investigations into financial affairs with compelled answers, document production and attendance and criminal penalties for non-compliance (s12(1)–(6)).","Recovery mechanisms against assisted persons and persons financially associated with them, including court determinations and consequential orders (s13).","Wide asset remedies: injunctions, vesting, sale, charges, appropriation of discretionary trust property (s14(2)–(3)).","Power to set aside examinable transactions up to 5 years before the relevant offence unless shown to be in good faith and for value (s15(1)–(4)).","Interplay with other statutes and instruments: Legal Services Commission Act, Evidence Act s13B cross-examination assistance, and the Expensive Criminal Cases Funding Agreement (s4 definitions; s6(1a); s18).","Reimbursement scheme involving Treasurer and Attorney-General-approved case management plans, including a reimbursement cap and power to withdraw assistance if agreement cannot be reached (s18).","Restrictions on judicial roles and review pathways (Masters vs Judges) and limits on cost orders against the Commission (s16, s19)."],"plain_english_summary":"This Act requires the Legal Services Commission to provide legal representation for people charged with serious offences and sets the rules for how representation is assigned, continued, and paid for.  The Act's stated objects are to ensure representation, reduce adjournments and stays for want of counsel, and to require defendants to contribute to legal costs to the extent their means allow."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original purpose of simply ensuring legal representation. The original 2001 Act focused on guaranteeing lawyers for serious offences. However, amendments in 2004, 2008, and particularly 2020 have expanded the scope to include: (1) complex asset recovery and investigation powers resembling bankruptcy or proceeds-of-crime legislation (Part 5); (2) special provisions for cross-examination of vulnerable witnesses (section 13B witnesses, added 2008); (3) an elaborate reimbursement scheme for expensive cases involving case management plans and funding agreements with the Attorney-General (section 18, substantially rewritten in 2020); and (4) powers to set aside transactions going back 5 years. The Act now functions as much as a cost-recovery and anti-avoidance mechanism as it does a legal aid scheme."},"complexity_factors":["Multiple defined terms (15+ in section 4 alone) including nested definitions like 'financially associated' which requires both general criteria AND a Commission determination","Two-tier categorisation system (Category 1 vs Category 2 assisted persons) with different rules applying to each","Cross-references to external legislation including the Legal Services Commission Act 1977, Criminal Procedure Act 1921, Evidence Act 1929, and the non-legislative 'Expensive Criminal Cases Funding Agreement'","Conditional logic with multiple exceptions – e.g., section 6(4) has four separate grounds for terminating assistance, each with sub-conditions","Complex temporal provisions – section 15 looks back 5 years from the offence date to examine transactions, with special rules for multiple offences","Judicial separation of powers rules in section 16 preventing the same judge from handling pre-trial asset matters and the actual trial","Interaction between statutory rights and common law modification (section 11 removes traditional stay applications for lack of representation)","Transitional provisions in the 2020 Amendment Act creating parallel regimes for reimbursement depending on when cases commenced"],"plain_english_summary":"**What this law does:**\n\nThis South Australian law ensures that people charged with serious criminal offences (those tried in the Supreme Court or District Court) can get legal representation, even if they can't afford a lawyer. It creates a system where the Legal Services Commission must provide lawyers for these defendants, while also making sure defendants pay what they can afford toward the costs.\n\n**Who it affects:**\n\n- **Defendants charged with serious offences** – they get guaranteed legal representation\n- **Category 1 assisted persons** – people who would already qualify for legal aid under normal rules\n- **Category 2 assisted persons** – people who wouldn't normally qualify for legal aid but get it because of this Act (the Commission chooses their lawyer)\n- **Financially associated persons** – family members or others financially linked to the defendant who may have to contribute to legal costs\n- **Victims who are section 13B witnesses** – special provisions exist for cross-examination of vulnerable witnesses\n\n**Key features:**\n\n- **Guaranteed representation:** If you're charged with a serious offence and apply for help, the Commission must provide a lawyer (with some conditions)\n- **Limits on delaying trials:** The law restricts defendants from claiming trials are unfair just because they lack a lawyer – they must use this scheme instead\n- **Cost recovery:** The Commission can investigate defendants' finances, freeze assets, and even recover costs from family members or associates who have financial ties to the defendant\n- **Anti-avoidance:** Transactions made to hide assets within 5 years before the alleged offence can be undone (set aside) by the courts\n- **Expensive cases:** Special funding agreements exist for very costly criminal cases, with the government reimbursing the Commission when costs exceed caps\n\n**Why it matters:**\n\nThis law tries to balance two competing needs: ensuring everyone gets a fair trial with proper legal representation, while stopping the system from being exploited by wealthy people who hide assets to get free legal aid. It also prevents defendants from deliberately delaying trials by claiming they have no lawyer."}},"importantCases":[],"_links":{"self":"/api/acts/criminal-law-legal-representation-act-2001","history":"/api/acts/criminal-law-legal-representation-act-2001/history","analysis":"/api/acts/criminal-law-legal-representation-act-2001/analysis","conflicts":"/api/acts/criminal-law-legal-representation-act-2001/conflicts","importantCases":"/api/acts/criminal-law-legal-representation-act-2001/important-cases","documents":"/api/acts/criminal-law-legal-representation-act-2001/documents"}}