{"id":"a-1977-31","name":"Legal Aid Act 1977","slug":"legal-aid-act-1977","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"31 of 1977","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23856,"registerId":"act-a-1977-31-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Legal Aid Act 1977.\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Dictionary","content":"2 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere.\nFor example, the signpost definition ‘statutory interest account—see the\nLegal Profession Act 2006, section 253.’ means that the term ‘statutory\ninterest account’ is defined in the section and the definition applies to this\nAct.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Notes","content":"3 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\n","sortOrder":2},{"sectionNumber":"Part 2","sectionType":"part","heading":"Establishment and functions of","content":"Part 2 Establishment and functions of\nlegal aid commission\n","sortOrder":3},{"sectionNumber":"6","sectionType":"section","heading":"Establishment of commission","content":"6 Establishment of commission\n(1) The Legal Aid Commission (A.C.T.) is established.\n(2) The commission—\n(a) is a body corporate; and\n(b) shall have a common seal; and\n(c) may acquire, hold and dispose of real and personal property; and\n(d) may enter into such agreements and arrangements as it considers\ndesirable for this Act; and\n(e) may sue and be sued in its corporate name.\n","sortOrder":4},{"sectionNumber":"8","sectionType":"section","heading":"Functions of commission","content":"8 Functions of commission\n(1) The commission shall provide legal assistance in ACT matters in\naccordance with this Act.\n(2) Legal assistance may be provided by the commission by arranging\nfor the services of private legal practitioners to be made available at\nthe expense of the commission or by making available the services of\nofficers of the commission.\n(3) If a funding agreement is in force—\n(a) the Minister may direct the commission to apply the agreement;\nand\n(b) the commission shall comply with the Minister’s direction.\n(4) The Minister must present a copy of a direction under\nsubsection (3) (a), together with a copy of the relevant funding\nagreement, to the Legislative Assembly no later than 15 sitting days\nafter the day on which the direction is issued.\n\n","sortOrder":5},{"sectionNumber":"8A","sectionType":"section","heading":"Funding agreements—application of Act","content":"8A Funding agreements—application of Act\n(1) If the Minister issues a direction under section 8 (3) (a), this Act\napplies in relation to the provision of legal assistance in a matter to\nwhich the relevant funding agreement applies, subject to\nsubsection (2).\n(2) The following provisions of this Act apply, in relation to the provision\nof legal assistance in a matter to which a funding agreement applies,\nonly to the extent to which the provisions are not inconsistent with\nthe funding agreement:\n(a) section 10 (1) (g) (Duties of commission);\n(b) section 11 (Guidelines for allocation of work);\n(c) section 12 (Guidelines for provision of assistance);\n(d) part 5 (Provision of legal assistance by commission);\n(e) part 6 (Reconsideration and review of decisions).\n","sortOrder":6},{"sectionNumber":"9","sectionType":"section","heading":"Powers of commission","content":"9 Powers of commission\n(1) If the commission provides legal assistance by making available the\nservices of officers of the commission, the commission shall pay any\ndisbursements (including barristers’ fees) and out-of-pocket expenses\nincurred in the course of providing that assistance.\n(2) If the commission provides legal assistance by arranging for the\nservices of private legal practitioners, the commission shall, except if\nthe services are provided on a voluntary basis, pay fees to those\nprivate legal practitioners for the performance of those services\n(being fees determined by the commission in accordance with\nsection 31C (1) and (2)) and shall pay any disbursements (including\nbarristers’ fees) and out-of-pocket expenses properly incurred by\nthem.\n\n(3) The commission may accept money or other property on trust and\nmay act as trustee of money or other property held by the commission\non trust.\n(4) Notwithstanding anything contained in any other provision of this\nAct, but subject to subsection (6), any money or other property held\nby the commission on trust shall be dealt with in accordance with the\nfunctions of the commission as trustee under the Trustee Act 1925.\n(5) The provisions of the Legal Profession Act 2006 about the keeping of\naccounts by solicitors in relation to money held by them on trust, and\nthe audit of the accounts, do not apply in relation to money held by\nthe commission on trust.\n(6) A regulation may make provision in relation to—\n(a) the application to the commission, with any changes prescribed\nby regulation, of regulations made for the Legal Profession\nAct 2006, section 253 (Statutory deposits); and\n(b) the investment by the commission of any amount held on trust\nby the commission.\nNote A provision of a law that gives an entity (including a person) a function\nalso gives the entity powers necessary and convenient to exercise the\nfunction (see Legislation Act, s 196 and dict, pt 1, def of entity).\n","sortOrder":7},{"sectionNumber":"10","sectionType":"section","heading":"Duties of commission","content":"10 Duties of commission\n(1) In the exercise of its functions, the commission shall—\n(a) ensure that legal assistance is provided in the most effective,\nefficient and economical manner; and\n(b) ensure that its activities are carried on consistently with, and do\nnot prejudice, the independence of the private legal profession;\nand\n\n(c) liaise and cooperate with and, if the commission considers it\ndesirable to do so, make reciprocal arrangements with, other\nlegal aid commissions, professional bodies representing private\nlegal practitioners and other bodies engaged or interested in the\nprovision of legal assistance in the ACT or elsewhere; and\n(d) liaise with professional bodies representing private legal\npractitioners in order to facilitate the use, in appropriate\ncircumstances, of services provided by private legal\npractitioners; and\n(e) make maximum use of services which private legal practitioners\noffer to provide on a voluntary basis; and\n(f) make the services of the commission available to people eligible\nfor legal assistance by establishing such local offices as it\nconsiders appropriate and by making such other arrangements\nas it considers appropriate; and\n(g) determine priorities in the provision of legal assistance as\nbetween different classes of people or classes of matters; and\n(h) arrange for the provision of duty lawyer services at sittings in\nthe ACT of such courts and tribunals as the commission\nconsiders appropriate; and\n(i) endeavour to secure the services of language interpreters,\nrelationship counsellors, welfare officers and other appropriate\npeople to assist legally assisted people in connection with\nmatters in respect of which they are provided with legal\nassistance; and\n(j) encourage and permit law students to participate, so far as the\ncommission considers it practicable and proper to do so, on a\nvoluntary basis, under professional supervision, in the provision\nof legal assistance by officers of the commission.\n\n(2) The commission shall—\n(a) make recommendations to the Minister with respect to any\nreforms of the law the desirability for which has come to its\nattention in the course of the exercise of its functions; and\n(b) initiate and carry out educational programs designed to promote\nan understanding by the public, and by sections of the public\nwho have special needs in this respect, of their rights, powers,\nprivileges and duties under the law in force in the ACT.\n(3) In the exercise of its functions, the commission shall have regard to\nthe amount of money for the time being standing to the credit of the\nfund and of any money likely to be received by the commission for\nthe purposes of the fund.\n","sortOrder":8},{"sectionNumber":"11","sectionType":"section","heading":"Guidelines for allocation of work","content":"11 Guidelines for allocation of work\nThe commission shall determine guidelines for the allocation of work\nbetween officers of the commission and private legal practitioners\nhaving regard to the following considerations:\n(a) the need for legal services to be readily available and easily\naccessible to disadvantaged people;\n(b) the need to make the most efficient use of the money available\nto the commission;\n(c) the desirability of enabling a legally assisted person to obtain the\nservices of the legal practitioner of the person’s choice;\n(d) the desirability of maintaining the independence of the private\nlegal profession;\n(e) the desirability of enabling officers of the commission to utilise\nand develop their expertise and maintain their professional\nstandards by conducting litigation and doing other kinds of\nprofessional legal work.\n\n","sortOrder":9},{"sectionNumber":"12","sectionType":"section","heading":"Guidelines for provision of assistance","content":"12 Guidelines for provision of assistance\nThe Commission shall determine, and make known to the public,\nguidelines to be applied—\n(a) in the application of section 28 for the purposes of determining\nwhether legal assistance may be provided to a person under this\nAct; and\n(b) in deciding the nature and extent of the legal assistance to be\ngiven in relation to a matter or proceeding or any part of a matter\nor proceeding; and\n(c) in determining whether the granting of legal assistance to a\nperson will be subject to any of the conditions mentioned in\nsection 31 (1); and\n(d) in determining the extent (if any) to which the commission will\npay costs awarded against a legally assisted person in any\nproceeding; and\n(e) in determining the amount of costs or disbursements that will be\nrequired to be paid to the commission under section 33 by a\nlegally assisted person who has been successful in the\nproceeding in respect of which the legal assistance was\nprovided.\n","sortOrder":10},{"sectionNumber":"13","sectionType":"section","heading":"Professional conduct by officers of commission","content":"13 Professional conduct by officers of commission\n(1) An officer of the commission, when practising as, or exercising any\nof the functions of, a solicitor, or exercising a right of audience in a\ncourt or before a tribunal, under this Act—\n(a) shall observe the same rules and standards of professional\nconduct and ethics as those that a private legal practitioner is, by\nlaw or the custom of the legal profession, required to observe in\nthe practice of the practitioner’s profession; and\n\n(b) is subject to the same professional duties as those to which a\nprivate legal practitioner is subject, by law or the custom of the\nlegal profession, in the practice of the practitioner’s profession.\n(2) Subject to section 92AA, the like privileges as those that arise from\nthe relationship of client and solicitor acting in the solicitor’s\nprofessional capacity and in the course of the solicitor’s professional\nemployment shall arise between a person who has applied for legal\nassistance, or to whom legal assistance is being provided, under this\nAct and a statutory officer of the commission who practises as, or\nexercises any of the functions of, a solicitor for the person under this\nAct.\n(3) For the application of subsection (1) in respect of an officer of the\ncommission who is practising as, or exercising any of the functions\nof, a solicitor, or is exercising a right of audience in a court or before\na tribunal, in the ACT on behalf of a legally assisted person—\n(a) if there are no assistant executive officers—\n(i) the chief executive officer shall be deemed to be a solicitor\nlawfully practising on the officer’s own account in the\nACT and retained by the person to act on the person’s\nbehalf; and\n(ii) the members of the staff of the commission shall be\ndeemed to be employed by the chief executive officer; or\n(b) if there is an assistant executive officer or there are assistant\nexecutive officers—\n(i) the chief executive officer and the assistant executive\nofficer or assistant executive officers shall be deemed to be\na firm of solicitors lawfully practising in partnership in the\nACT and retained by the person to act on the person’s\nbehalf; and\n(ii) the members of the staff of the commission shall be\ndeemed to be employed by that firm.\n\n","sortOrder":11},{"sectionNumber":"14","sectionType":"section","heading":"Establishment of board of commission","content":"14 Establishment of board of commission\nA board of the commission is established.\n","sortOrder":12},{"sectionNumber":"15","sectionType":"section","heading":"Functions of board","content":"15 Functions of board\nThe functions of the board are—\n(a) to determine the broad policies, priorities and strategies of the\ncommission for the provision of legal assistance under this Act;\nand\n(b) to ensure that the commission’s affairs are managed in\naccordance with this Act.\n","sortOrder":13},{"sectionNumber":"16","sectionType":"section","heading":"Constitution of board","content":"16 Constitution of board\n(1) The board consists of the following members (each of whom is\na commissioner):\n(a) the president of the commission;\n(b) the chief executive officer;\n(c) 5 other members of whom—\n(i) 1 member represents the Minister; and\n(ii) 1 member is chosen from a panel of not less than 3 people\nnominated by the council of the bar association; and\n(iii) 1 member is chosen from a panel of not less than 3 people\nnominated by the council of the law society; and\n(iv) 1 member is chosen from a panel of not less than 3 people\nnominated by the executive committee of the Australian\nCapital Territory Council of Social Service Inc; and\n(v) 1 member has expertise in financial management;\n\nBoard of commission Part 3\n(d) 1 member who has qualifications, training or experience that\nwill enable the member to give other specialist assistance to the\ncommission in the exercise of its functions.\nNote 1 A person is not eligible for appointment as the president of the\ncommission unless the person is or has been a judge, or the person is a\nlegal practitioner and has been for at least 5 years (see s 50 (1)).\nNote 2 A person is not eligible for appointment as a commissioner under\ns 16 (1) (c) (iv) if the person is a legal practitioner (see s 50 (2)).\n(2) The Minister must appoint the members of the board other than the\nchief executive officer.\n(3) However, the Minister must only appoint a member mentioned in\nsubsection (1) (d) if, in the opinion of the Minister, the commission\nrequires specialist assistance in the exercise of its functions.\nNote 2 In particular, an appointment may be made by naming a person or\nnominating the occupant of a position (see Legislation Act, s 207).\nNote 3 Certain Ministerial appointments require consultation with a Legislative\nAssembly committee and are disallowable (see Legislation Act,\ndiv 19.3.3).\n(4) A person appointed as a member by the Minister is appointed on a\npart-time basis.\n(5) The Minister may reappoint a member mentioned in\nsubsection (1) (c) (ii) to (iv) without needing to choose from a panel\nof not less than 3 people if—\n(a) the entity that nominated the member recommended the\nreappointment; and\n(b) the Minister consulted the president of the commission about the\nrecommendation.\n\n","sortOrder":14},{"sectionNumber":"17","sectionType":"section","heading":"Chief executive officer and assistant executive officers","content":"17 Chief executive officer and assistant executive officers\n(1) There shall be a Chief Executive Officer of the commission who shall\nbe charged with the management of the operations and affairs of the\n(2) The commission must appoint a chief executive officer.\nNote 2 In particular, a person may be appointed for a particular provision of a\nlaw (see Legislation Act, s 7 (3)) and an appointment may be made by\nnaming a person or nominating the occupant of a position (see Legislation\nAct, s 207).\n(3) The commission may appoint such assistant executive officers of the\ncommission as it considers necessary to assist the chief executive\nofficer in the exercise of the functions of the chief executive officer\nunder this Act.\n","sortOrder":15},{"sectionNumber":"18","sectionType":"section","heading":"Qualifications for appointment","content":"18 Qualifications for appointment\nA person is not eligible for appointment as a statutory officer of the\ncommission unless the person is a legal practitioner who holds a\ncurrent unrestricted practising certificate granted under the Legal\nProfession Act 2006.\n","sortOrder":16},{"sectionNumber":"19","sectionType":"section","heading":"Duties of assistant executive officers","content":"19 Duties of assistant executive officers\nAn assistant executive officer must act in accordance with the chief\nexecutive officer’s directions in relation to the management of the\noperations or affairs of the commission.\n\nOfficers of commission Part 4\n","sortOrder":17},{"sectionNumber":"19A","sectionType":"section","heading":"Statutory officers of the commission to give reports","content":"19A Statutory officers of the commission to give reports\nA statutory officer of the commission must, if requested by the\ncommission, give a report in writing to the commission about—\n(a) the exercise of the officer’s functions under this Act; or\n(b) the policy the officer is pursuing, or proposes to pursue, in\nrelation to the functions.\n","sortOrder":18},{"sectionNumber":"19B","sectionType":"section","heading":"Statutory officers of the commission to follow directions","content":"19B Statutory officers of the commission to follow directions\n(1) The commission may issue directions to a statutory officer of the\ncommission in relation to—\n(a) the exercise of the officer’s functions under this Act; or\n(b) the policy the officer is pursuing, or proposes to pursue, in\nrelation to the functions.\n(2) A statutory officer of the commission who is given a direction under\nsubsection (1) must comply with the direction.\n","sortOrder":19},{"sectionNumber":"20","sectionType":"section","heading":"Staff of commission","content":"20 Staff of commission\n(1) The commission may employ as members of the staff of the\ncommission such people as it considers necessary to enable it to\nproperly exercise its functions.\n(2) The commission, if it is practicable to do so, shall make reciprocal\narrangements with other legal aid commissions for the purpose of\nfacilitating the transfer of staff between the commission and any of\nthose other legal aid commissions.\n","sortOrder":20},{"sectionNumber":"21","sectionType":"section","heading":"Delegation","content":"21 Delegation\nThe chief executive officer may delegate the chief executive officer’s\nfunctions to another officer of the commission.\nNote For the making of delegations and the exercise of delegated functions,\nsee the Legislation Act, pt 19.4.\n\n","sortOrder":21},{"sectionNumber":"22","sectionType":"section","heading":"Rights of officers of commission in relation to legal","content":"22 Rights of officers of commission in relation to legal\npractice\n(1) A statutory officer of the commission shall not exercise any functions\nunder this Act unless the officer holds a current unrestricted\npractising certificate.\n(2) A member of the staff of the commission shall not exercise any\nfunctions of a solicitor under this Act unless the staff member holds\na current practising certificate.\n(3) Subject to subsection (10), a statutory officer of the commission who\nholds a current unrestricted practising certificate is entitled to practise\nas a solicitor, and to exercise the functions of a solicitor, in the ACT\nand in any court of the Territory and has a right of audience in any\ncourt of the Territory.\n(4) Subject to subsection (10), a member of the staff of the commission\nwho holds a current practising certificate has such rights to practise\nas a solicitor, and such rights to exercise the functions of a solicitor,\nin the ACT, and such rights of audience in any court of the Territory,\nas the staff member would have if the chief executive officer were a\nsolicitor lawfully practising on the solicitor’s own account in the ACT\nand the member of the staff were employed by that solicitor.\n(5) An officer of the commission who is a legal practitioner is entitled to\npractise as a barrister, and to exercise the functions of a barrister, in\nthe ACT and in any court of the Territory.\n(6) In practising as a solicitor or exercising any of the functions of a\nsolicitor under this section—\n(a) a statutory officer of the commission has all the rights and\nprivileges of a solicitor practising on the solicitor’s own\naccount; and\n(b) a member of the staff of the commission has all the rights and\nprivileges of a solicitor employed by a person practising as a\nsolicitor on the solicitor’s own account.\n\nOfficers of commission Part 4\n(7) In appearing in a proceeding in a court or before a tribunal, an officer\nof the commission has the same protection and immunity as a\nbarrister has in appearing for a party in a proceeding in that court or\nbefore that tribunal if the officer is appearing for—\n(a) a legally assisted person; or\n(b) a person to whom legal assistance is provided other than under\n(8) Subsections (1) to (7) have effect only for the purposes of the exercise\nby the commission of its functions.\n(9) Nothing in this section affects any right to practise as a solicitor or\nexercise the functions of a solicitor, or any right of audience in a court\nor before a tribunal, that an officer of the commission has apart from\nthis section.\n(10) To remove any doubt, the Legal Profession Act 2006, chapter 4\n(Complaints and discipline) applies to officers of the commission\nwho are Australian legal practitioners within the meaning of that Act\nin the same way as it applies to other people who are Australian legal\npractitioners within the meaning of that Act.\n","sortOrder":22},{"sectionNumber":"23","sectionType":"section","heading":"Legal practitioner on record","content":"23 Legal practitioner on record\nIf—\n(a) in any proceeding, a document is required or permitted to be\nsigned by a legal practitioner for a party to the proceeding who\nis a legally assisted person; and\n(b) legal services are being provided to the legally assisted person\nin relation to the proceeding by an officer of the commission;\nthe signature of the chief executive officer, or of an officer of the\ncommission authorised in writing by the chief executive officer to\nsign documents on behalf of the chief executive officer for this\nsection, shall be deemed to be the signature of a legal practitioner for\nthat party.\n\n","sortOrder":23},{"sectionNumber":"Part 5","sectionType":"part","heading":"Provision of legal assistance by","content":"Part 5 Provision of legal assistance by\n","sortOrder":24},{"sectionNumber":"24","sectionType":"section","heading":"Bringing services of commission to public notice","content":"24 Bringing services of commission to public notice\nThe commission may, by public advertisement or otherwise, bring the\nservices made available by the commission to the attention of the\npublic and any officer of the commission may, in the course of the\nexercise of the officer’s functions, bring those services to the attention\nof the public or to the attention of particular people.\n","sortOrder":25},{"sectionNumber":"25","sectionType":"section","heading":"Application for legal assistance","content":"25 Application for legal assistance\n(1) An application for legal assistance must be made in writing.\n(2) However, subsection (1) does not apply to legal assistance consisting\nof—\n(a) legal advice; or\n(b) duty lawyer services; or\n(c) minor legal assistance.\n(3) The commission may, in special circumstances, treat an application\nthat is not in the form approved under section 99 (Approved forms)\nas having been properly made.\n(4) An applicant for legal assistance to which subsection (1) applies shall\nfurnish to the commission such declarations, certificates and other\ndocuments as the commission requires for the purpose of enabling a\ndecision to be made as to whether legal assistance should be granted\nin respect of the application.\n\n(5) If legal advice is being provided to a person under this Act and it\nappears to an officer of the commission that the legal advice required\nby the person is likely to be of a substantial or continuing nature, the\nofficer may require the person to make an application for legal\nassistance in accordance with subsections (1) and (4) and, if such a\nrequirement is made, those subsections and section 28 (1), (3) and (4),\nsection 31 and section 35 (2) apply in relation to the application.\n(6) The commission may distribute to private legal practitioners\napplication forms for completion by people wishing to apply for legal\nassistance.\n","sortOrder":26},{"sectionNumber":"26","sectionType":"section","heading":"Deciding applications for legal assistance","content":"26 Deciding applications for legal assistance\n(1) Each application for legal assistance must be decided by—\n(a) the chief executive officer; or\n(b) an officer of the commission authorised by the chief executive\nofficer; or\n(c) if a direction under subsection (3) applies to the application—\nthe commission.\n(2) Each application must be decided in accordance with this Act and, in\nparticular—\n(a) any direction by the Minister under section 8 to apply a funding\nagreement; and\n(b) any guidelines by the commission under section 12; and\n(c) the priorities decided under section 10 (1) (g).\nNote Section 28 provides for circumstances in which legal assistance may be\nprovided.\n(3) The commission must give, and make known to the public, directions\nabout the particular kinds of application that must be decided by the\n\n(4) For subsection (1), the decision maker may make any inquiries and\nobtain any reports and advice (including the opinion of counsel) that\nthe decision maker considers appropriate.\n(5) The cost of making inquiries or obtaining reports or advice under\nsubsection (4) is payable—\n(a) if the decision maker under subsection (1) decides that the cost\nshould be paid by the applicant—by the applicant; or\n(b) in any other case—out of the fund.\n(6) If the application is approved, the decision maker must also decide,\nin accordance with guidelines under section 11 (Guidelines for\nallocation of work) and section 12 (Guidelines for provision of\nassistance)—\n(a) whether the assistance is to be given by an officer of the\ncommission or a private legal practitioner; and\n(b) the nature and extent of the assistance to be given; and\n(c) whether the assistance is to be given free, or on any of the\nconditions mentioned in section 31 (1) (Contribution towards\ncosts and expenses).\n","sortOrder":27},{"sectionNumber":"27","sectionType":"section","heading":"Ending or changing legal assistance","content":"27 Ending or changing legal assistance\nThe decision maker under section 26 may, in relation to approved\nlegal assistance—\n(a) end the assistance; or\n(b) change the nature or extent of the assistance; or\n(c) impose a condition under section 31 (1) (Contribution towards\ncosts and expenses) on the giving of further assistance; or\n(d) change a condition imposed under section 31 (1) on the giving\nof further assistance.\n\n","sortOrder":28},{"sectionNumber":"28","sectionType":"section","heading":"Circumstances in which legal assistance may be","content":"28 Circumstances in which legal assistance may be\nprovided\n(1) Subject to this section, and section 28A, legal assistance may be\nprovided to a person under this Act only if—\n(a) the person is in need of that legal assistance because the person\ncannot afford the cost of obtaining the assistance from private\nlegal practitioners; and\n(b) it is reasonable in all the circumstances to provide the legal\nassistance.\n(2) However, subsection (1) does not apply to legal assistance consisting\nof—\n(a) legal advice; or\n(b) duty lawyer services; or\n(c) minor legal assistance.\n(3) In the making of a decision whether a person is in need of legal\nassistance by reason that the person is unable to afford the cost of\nobtaining from private legal practitioners the legal services in respect\nof which the legal assistance is sought, regard shall be had to all\nrelevant matters, including the following matters:\n(a) the income of the person;\n(b) the cash that is readily available to the person or can be made so\navailable;\n(c) the debts, liabilities and other financial obligations of the person;\n(d) the cost of living;\n(e) the cost of obtaining the legal services from private legal\npractitioners;\n\n(f) any other matter affecting the ability of the person to meet the\ncost of obtaining the legal services from private legal\npractitioners.\n(4) In the making of a decision whether it is reasonable in all the\ncircumstances to provide legal assistance to a person, regard shall be\nhad to all relevant matters, including—\n(a) the nature and extent of any benefit that may accrue to the\nperson, to the public or to any section of the public from the\nprovision of the assistance or of any detriment that may be\nsuffered by the person, by the public or by any section of the\npublic if the assistance is not provided; and\n(b) in the case of assistance in relation to a proceeding in a court or\nbefore a tribunal—whether the proceeding is likely to terminate\nin a manner favourable to the person.\n(5) Legal assistance shall not be provided under this Act to a person who\nis not ordinarily resident in the ACT unless the assistance relates to—\n(a) a proceeding in a court, or before a tribunal, in the ACT; or\n(b) a matter arising under the law in force in the ACT.\n(6) Legal assistance shall not be provided under this Act to a person in or\nin connection with a review by a review committee under part 6.\n(7) Legal assistance may be provided under this Act to a body corporate\nin special circumstances determined by the commission, but not\notherwise.\n","sortOrder":29},{"sectionNumber":"28A","sectionType":"section","heading":"Legal assistance under the convention","content":"28A Legal assistance under the convention\n(1) A person is entitled to legal assistance if—\n(a) the person applies for legal assistance to obtain recognition or\nenforcement of a decision given in a proceeding in a contracting\nstate in accordance with the convention; and\n\n(b) the chief executive officer is satisfied that the person has\nreceived legal aid in accordance with the convention, article 1\nfor the proceeding.\n(2) In this section:\nthe convention means the Convention on International Access to\nJustice adopted by the Fourteenth Session of the Hague Conference\non Private International Law and signed at the Hague on\n","sortOrder":30},{"sectionNumber":"29","sectionType":"section","heading":"Legal assistance—interests adverse to Territory","content":"29 Legal assistance—interests adverse to Territory\nLegal assistance may be provided under this Act (including legal\nassistance provided by making available the services of officers of the\ncommission) to a person in relation to any proceeding or matter\nnotwithstanding that the interests of that person are, or may be,\nadverse to the interests of the Territory, the interests of an authority\nor body established for a public purpose by or under a Territory law\nor the interests of an incorporated company in which the Territory or\nsuch an authority or body has an interest.\n","sortOrder":31},{"sectionNumber":"30","sectionType":"section","heading":"Legal advice and duty lawyer services","content":"30 Legal advice and duty lawyer services\n(1) Legal assistance provided under this Act, being legal assistance\nconsisting of—\n(a) legal advice, other than legal advice mentioned in section 25 (5);\nor\n(b) the provision of duty lawyer services;\nshall, subject to subsection (2), be provided without charge.\n(2) In special circumstances determined by the commission, legal\nassistance to which subsection (1) applies may be provided subject to\na condition that the person to whom the legal assistance is to be\nprovided pays to the commission a fixed charge determined by the\n\n(3) In special circumstances determined by the commission, legal\nassistance mentioned in subsection (1) shall not be provided to a\nperson.\n","sortOrder":32},{"sectionNumber":"30A","sectionType":"section","heading":"Minor legal assistance","content":"30A Minor legal assistance\n(1) The commission may provide minor legal assistance to a person in\naccordance with guidelines under section 12.\nExample of minor legal assistance\nassistance with writing a letter or the completion of a form\n(2) Minor legal assistance may be given subject to any of the following\nconditions:\n(a) that the person pays to the commission a contribution of a stated\namount towards the cost to the commission of providing the\nassistance;\n(b) that the person makes a payment or payments to the commission\nin relation to any out-of-pocket expenses incurred, or to be\nincurred, by the commission in providing the assistance.\n","sortOrder":33},{"sectionNumber":"31","sectionType":"section","heading":"Contribution towards costs and expenses","content":"31 Contribution towards costs and expenses\n(1) The granting under this Act of an application by a person for legal\nassistance, other than legal assistance to which section 30 (1) applies,\nmay be on the basis that the assistance will be provided without\ncharge or may be subject to all or any of the following conditions:\n(a) a condition that the person pays to the commission a\ncontribution of an amount towards the cost to the commission of\nproviding the assistance;\n(b) a condition that the person makes a payment or payments to the\ncommission in respect of any out-of-pocket expenses incurred,\nor to be incurred, by the commission in providing the assistance;\n\n(c) a condition that the payment of an amount required to be paid\nby the person under this subsection, together with interest, be\nsecured by a charge under section 31A on land of the person.\n(2) An amount required to be paid by a legally assisted person under this\nsection—\n(a) may be varied by the commission after the grant of assistance\nbecause of a change to a relevant matter; and\nNote Section 28 (3) mentions matters that may be considered relevant\nby the commission.\n(b) must be paid in the way that the commission directs.\n(3) A direction under subsection (2) (b) may require that an amount be\npaid to the commission by the legally assisted person’s private legal\npractitioner out of money recoverable on behalf of the person.\n(4) If a person who is or has been a legally assisted person has not paid\nan amount payable by the person to the commission under this\nsection, the amount is recoverable by the commission by action in a\ncourt of competent jurisdiction as a debt due and payable to the\n(5) If—\n(a) the commission has directed that an amount be paid by the\nlegally assisted person’s private legal practitioner to the\ncommission out of money recoverable by the practitioner on\nbehalf of the person; and\n(b) the commission has notified the practitioner of its direction; and\n(c) the practitioner recovers an amount on behalf of the legally\nassisted person;\nthe practitioner shall pay to the commission—\n(d) if the amount recovered is less than the amount referred to in\nparagraph (a)—an amount equal to the amount recovered; or\n\n(e) in any other case—an amount equal to the amount referred to in\nparagraph (a).\n(6) An amount payable by a private legal practitioner under\nsubsection (5) is a debt due and payable to the commission by the\npractitioner and recoverable in a court of competent jurisdiction.\n(7) An amount paid by or recovered from a legally assisted person’s\nprivate legal practitioner under this section shall be taken, for\nsubsection (4), to have been paid by the legally assisted person.\n","sortOrder":34},{"sectionNumber":"31A","sectionType":"section","heading":"Security for payment of contribution","content":"31A Security for payment of contribution\n(1) If the provision of legal assistance is subject to the condition\nmentioned in section 31 (1) (c), the chief executive officer may lodge\nwith the registrar-general for registration a notice certifying that an\namount payable to the commission under section 31 is a charge on\nland stated in the notice.\n(2) An amount payable to the commission by a person in respect of whose\nland a notice under subsection (1) has been registered is a charge on\nthe land.\n(3) The registrar-general shall register a notice under subsection (1).\n(4) The chief executive officer shall notify the assisted person in writing\nof the lodgment of a notice under subsection (1).\n(5) The Land Titles Act 1925, section 48 (2) does not apply to a notice\nunder subsection (1).\n(6) Subject to subsection (7), the commission has the same power of sale\nover the land charged as a mortgagee who, under the Land Titles\nAct 1925, section 94, is entitled to sell the estate and interest of the\nmortgagor.\n\n(7) The commission may not exercise its power of sale under\nsubsection (6) unless—\n(a) if the commission has issued a direction under section 31 (2)—\nthe legally assisted person is in breach of that direction; and\n(b) at least 1 year before exercising the power the commission has\nserved on the legally assisted person a notice that—\n(i) states the amount then due to the commission by the\nperson; and\n(ii) demands payment of the amount payable to the\ncommission by the person; and\n(iii) states that, unless that amount, together with interest until\nthe day of payment, is paid, the commission may exercise\nits power of sale under the charge at the expiration of the\nperiod of 12 months after the date of service of the notice;\nand\n(c) at least 2 months before exercising the power the commission\nhas served on the legally assisted person and every other person\nwho appears to have an interest in the land a notice that states—\n(i) the amount then due to the commission by the legally\nassisted person; and\n(ii) that, unless that amount together with interest is paid\nwithin the period of 2 months after the date of service of\nthe notice, the commission may exercise its power of sale.\n(8) If—\n(a) an amount equal to the amount secured by a charge under this\nsection is paid; or\n(b) the commission has exercised its power of sale under\nsubsection (6); or\n\n(c) the commission determines that the charge is no longer required;\nthe chief executive officer shall lodge with the registrar-general a\nnotice discharging the land from any amount due to the commission\nand notify the legally assisted person that the chief executive officer\nhas done so.\n(9) On the lodgment of a notice under subsection (8) the registrar-general\nshall make an entry in the register noting that the land is discharged.\n(10) In this section:\nproprietor—see the Land Titles Act 1925, dictionary.\n","sortOrder":35},{"sectionNumber":"31B","sectionType":"section","heading":"Arranging for services of private legal practitioners","content":"31B Arranging for services of private legal practitioners\n(1) If the commission provides legal assistance to a person by arranging\nfor the services of a private legal practitioner, the commission may\nonly select a practitioner who is included in a panel established under\nsection 31E (1) (a listed practitioner) to provide that assistance.\n(2) In selecting a listed practitioner to act for a legally assisted person,\nthe principal considerations that the commission must take into\naccount are the needs and interests of the person and the person’s\npreference (if any) for a particular listed practitioner.\n(3) The commission must, after taking into account the considerations\nmentioned in subsection (2), ensure that selection of a listed\npractitioner to provide legal assistance is made having regard to the\npractitioner’s expertise.\n","sortOrder":36},{"sectionNumber":"31C","sectionType":"section","heading":"Fees for services of private legal practitioners","content":"31C Fees for services of private legal practitioners\n(1) The fees the commission pays for services provided by private legal\npractitioners to legally assisted people must as far as practicable—\n(a) consist of fixed amounts for the performance of particular\nservices; and\n(b) be less than the ordinary professional cost of those services.\n\n(2) However, the commission must consult, and take into account the\nviews of, the following bodies when determining the fees it will pay\nfor services provided by private legal practitioners to legally assisted\npeople:\n(a) the council of the law society;\n(b) the council of the bar association.\n","sortOrder":37},{"sectionNumber":"31D","sectionType":"section","heading":"Record of services provided by private legal practitioners","content":"31D Record of services provided by private legal practitioners\nThe commission must—\n(a) keep a record of the number and type of matters in which private\nlegal practitioners provide services to legally assisted people\nunder this Act; and\n(b) make the record available for inspection on request by the law\nsociety or bar association.\n","sortOrder":38},{"sectionNumber":"31E","sectionType":"section","heading":"Panels of private legal practitioners","content":"31E Panels of private legal practitioners\n(1) The commission may establish panels of private legal practitioners to\nprovide legal assistance in accordance with the commission’s\nfunction under section 8 (2).\n(2) A panel may be established for matters generally, or particular kinds\nof matter, or matters before particular courts or tribunals, for which\nlegal assistance may be granted under this Act.\n(3) A practitioner who wishes to be included in a panel established under\nthis section must apply to the commission in a way approved by the\n(4) The commission may—\n(a) appoint practitioners to a panel in accordance with the criteria\ndetermined under subsection (5); and\n(b) suspend, remove or exclude practitioners from a panel on the\ngrounds determined under subsection (7) (b); and\n\n(c) impose conditions on the reappointment of a practitioner who\nhas been suspended, removed or excluded, which in the opinion\nof the commission are:\n(i) appropriate under the circumstances; and\n(ii) in keeping with the requirements determined under\nsubsection (7) (c).\n(5) The commission may determine criteria for the appointment of\npractitioners to a panel.\n(6) Without limiting subsection (5), the criteria may include criteria\nabout any of the following matters:\n(a) a practitioner’s skills, qualifications and experience;\n(b) a practitioner’s agreement to comply with the requirements\nstated by the commission in relation to any of the following:\n(i) practice standards;\n(ii) reporting and accountability;\n(iii) compliance audits.\n(7) The commission may determine the following:\n(a) the period for which practitioners are appointed to a panel;\n(b) the grounds on which a practitioner may be suspended, removed\nor excluded from a panel;\n(c) the requirements, if any, for reappointment of a practitioner to a\npanel.\n(8) A determination by the commission under this section is a notifiable\ninstrument.\n\n","sortOrder":39},{"sectionNumber":"31F","sectionType":"section","heading":"Compliance audits","content":"31F Compliance audits\n(1) The commission may, at any time, perform an audit (a compliance\naudit) of legal assistance provided by a private legal practitioner.\n(2) A compliance audit must not be performed unless the commission has\ngiven the practitioner written notice of—\n(a) the commission’s intention to carry out the audit; and\n(b) the scope of the audit.\n","sortOrder":40},{"sectionNumber":"32","sectionType":"section","heading":"Notice to practitioner about proposed decision","content":"32 Notice to practitioner about proposed decision\nBefore making a decision about a private legal practitioner under\nsection 31E (4) (b) or (c), the commission must—\n(a) give written notice to the practitioner setting out the reasons for\nthe proposed decision; and\n(b) allow the practitioner a reasonable opportunity to be heard on\nthe proposed decision.\n32AA Payments to private legal practitioners\n(1) This section applies if a private legal practitioner performs legal\nservices in a matter for a legally assisted person under this Act.\n(2) The private legal practitioner must give the commission an invoice\nfor the legal services provided in the matter.\n(3) The commission may issue directions about the giving of invoices.\n(4) The commission must pay the invoice in accordance with the fees\ndecided under section 31C (Fees for services of private legal\npractitioners).\n(5) If the private legal practitioner does not give the commission an\ninvoice for the services in accordance with any directions issued\nunder subsection (3), the commission is not obliged to pay the legal\npractitioner for the legal services.\n\n(6) The commission is not obliged to pay for legal services provided for\na person before the person applies for legal assistance.\n(7) However, the commission may pay for legal services mentioned in\nsubsection (6) if the legal practitioner has given the chief executive\nofficer notice that the person intends to apply for legal assistance for\nthe services.\n","sortOrder":41},{"sectionNumber":"32A","sectionType":"section","heading":"Prohibition of additional payments to private","content":"32A Prohibition of additional payments to private\npractitioners\nIf a private legal practitioner performs, or has performed, legal\nservices on behalf of a legally assisted person, the practitioner shall\nnot demand, take or accept payment for performing the services in\nrespect of which the legally assisted person is receiving, or has\nreceived, legal assistance under this Act other than the payment or\npayments to which the practitioner is entitled under this Act.\n","sortOrder":42},{"sectionNumber":"33","sectionType":"section","heading":"Entitlement of legally assisted people to costs in","content":"33 Entitlement of legally assisted people to costs in\nproceedings\n(1) For the purposes of the making or enforcement of any order for costs,\nor the determination of any entitlement to costs, in a proceeding\nbefore a court or tribunal to which a legally assisted person is a party,\nthat person shall be deemed to be liable to pay the ordinary\nprofessional costs of the legal services provided to the person in or in\nconnection with that proceeding and any disbursements (including\nbarristers’ fees) and out-of-pocket expenses incurred in or in\nconnection with the provision of those services.\n\n(2) If an amount is recoverable by a legally assisted person (whether in a\nproceeding or under a settlement or compromise) in respect of the\nmatter in which the legal assistance was given, the person is liable to\npay to the commission an amount equal to so much of that amount as\nthe chief executive officer, having regard to guidelines determined by\nthe commission under section 12 (e), determines but the amount so\ndetermined shall not exceed the amount by which the sum of—\n(a) the ordinary professional costs (including solicitor and client\ncosts) of the legal services provided to the person in the\nproceeding or matter in respect of which legal assistance was\nprovided; and\n(b) any disbursements (including barristers’ fees) and out-of-pocket\nexpenses incurred in or in connection with the provision of those\nservices;\nexceeds any amount, or the sum of any amounts, paid by the person\nto the commission under section 31 in relation to the legal assistance.\n(3) In determining the amount that a legally assisted person is liable to\npay under subsection (2), the chief executive officer shall have regard\nto—\n(a) the amount actually recovered by the legally assisted person;\nand\n(b) any failure by the legally assisted person to take action to\nrecover the amount recoverable, including any failure to comply\nwith a direction of the chief executive officer under\nsubsection (4).\n(4) The chief executive officer may give directions to a legally assisted\nperson requiring the person to take specified action to recover an\namount that is recoverable by the person in respect of the matter in\nwhich legal assistance was given.\n\n(5) If an amount is recoverable by a legally assisted person (whether in a\nproceeding or under a settlement or compromise) in respect of the\nmatter in which the legal assistance was given, the chief executive\nofficer may, by signed writing, direct the legally assisted person to\nassign the person’s right to recover the amount to the commission\nwithin 28 days after the day on which the direction is given.\n(6) If a legally assisted person fails to comply with a direction under\nsubsection (5) to assign to the commission the person’s right to\nrecover an amount, the legally assisted person shall be deemed to\nhave assigned to the commission the person’s right to recover the\namount at the expiration of the period during which any action by\nway of reconsideration or review may be taken under part 6 in relation\nto the decision to give the direction.\n(7) Subsection (6) does not apply if the decision to give the direction with\nwhich the legally assisted person has failed to comply has, under\npart 6, been—\n(a) varied so that the direction is negated; or\n(b) set aside and replaced with a decision in accordance with which\nthe direction is negated.\n(8) If a right to recover an amount is assigned to the commission under a\ndirection under subsection (5), or is to be deemed to be assigned to\nthe commission in accordance with subsection (6), the commission\nshall, for the purpose of recovering the amount, stand in the place of\nthe legally assisted person and may use the name of the legally\nassisted person and all remedies which would, but for the assignment\nor the operation of subsection (6), be available to the legally assisted\nperson in any proceedings to recover the amount.\nNote An amount owing under a law may be recovered as a debt in a court of\ncompetent jurisdiction or the ACAT (see Legislation Act, s 177).\n\n","sortOrder":43},{"sectionNumber":"34","sectionType":"section","heading":"Payment by commission of costs awarded against legally","content":"34 Payment by commission of costs awarded against legally\nassisted people\n(1) If—\n(a) legal assistance is provided under this Act to a person in relation\nto a proceeding (other than a cross-proceeding) instituted by that\nperson in a court or before a tribunal; and\n(b) the court or tribunal makes an order in the proceeding directing\nthe legally assisted person to pay costs incurred by another party\nto the proceeding;\neither the legally assisted person or that other party may request the\ncommission to pay to that other party on behalf of the legally assisted\nperson an amount representing the whole or a part of the costs that\nthe legally assisted person was so directed to pay.\n(2) A request under subsection (1) must be decided by a statutory officer\nof the commission in accordance with guidelines determined by the\ncommission under section 12 (d).\n(3) Subject to subsection (4), the commission shall pay so much (if any)\nof the amount requested to be paid as the statutory officer of the\ncommission considers just and equitable for the commission to pay.\n(4) The commission shall not pay an amount in respect of costs incurred\nin a proceeding at first instance unless it appears to the commission\nthat the person who made the request will suffer substantial hardship\nif that amount is not paid by the commission.\n(5) Any amount paid by the commission under this section shall be\ndeemed to have been paid by the legally assisted person.\n\n","sortOrder":44},{"sectionNumber":"35","sectionType":"section","heading":"Notification of decisions","content":"35 Notification of decisions\n(1) If a decision in relation to the provision of legal assistance or in\nrelation to the making of any payment in respect of costs, including a\ndecision reconsidering or reviewing a previous decision, is made by\nthe commission or an officer of the commission under this Act, the\ncommission shall, with 14 days after the decision is made,\ncommunicate the decision to the person who applied for the legal\nassistance or for the payment, as the case may be, and, if the decision\nis a decision refusing to provide, or imposing a condition on the\nprovision of, legal assistance under this Act, the commission, if\nrequested to do so, shall cause to be furnished to the person a short\nstatement of the reasons for the decision.\n(2) The communication to a person of a decision referred to in\nsubsection (1), other than a decision in relation only to the provision\nof legal advice or duty lawyer services, shall be effected—\n(a) if the matter to which the decision relates was dealt with on\nbehalf of the person by a private legal practitioner—by giving\nto the private legal practitioner, or by sending to the private legal\npractitioner by post to the address of the private legal\npractitioner last known to the commission, a document setting\nout the terms of the decision and particulars of the right of the\nperson to have the decision reconsidered and reviewed in\naccordance with section 36; and\n(b) in any other case—by giving such a document to the person or\nby sending such a document to the person—\n(i) by post to the address of the person last known to the\ncommission; or\n(ii) in any other way authorised by the person.\n\nDispute resolution Part 5A\n","sortOrder":45},{"sectionNumber":"35A","sectionType":"section","heading":"Definitions—pt 5A","content":"35A Definitions—pt 5A\nIn this part:\napproved negotiation means a program for dispute resolution that—\n(a) is approved by the commission; and\n(b) consists of a structured negotiation process; and\n(c) uses a convenor to assist parties to a dispute to settle the dispute.\nconvenor means a person to whom a dispute has been referred for\napproved negotiation.\nnegotiation session means a meeting that forms part of approved\nnegotiation and includes steps to arrange or follow-up the meeting.\n","sortOrder":46},{"sectionNumber":"35B","sectionType":"section","heading":"Power of commission to provide approved negotiation","content":"35B Power of commission to provide approved negotiation\nThe commission may provide approved negotiation to all parties in a\nmatter or proceeding whether or not a party is receiving legal\nassistance from the commission for the matter or proceeding.\n","sortOrder":47},{"sectionNumber":"35C","sectionType":"section","heading":"Expenses of dispute resolution","content":"35C Expenses of dispute resolution\n(1) The commission may, to partly or fully meet the costs associated with\napproved negotiation in a matter or proceeding—\n(a) use money available to the commission; or\n(b) require a legally assisted person, or another party, in the matter\nor proceeding to partly or fully meet the costs.\n(2) An amount required to be paid under subsection (1) (b)—\n(a) is a debt owing to the commission; and\n(b) must be paid in the time and way stated by the commission.\nNote An amount owing under a law may be recovered as a debt in a court of\ncompetent jurisdiction or the ACAT (see Legislation Act, s 177).\n\n","sortOrder":48},{"sectionNumber":"35D","sectionType":"section","heading":"Confidentiality of negotiation","content":"35D Confidentiality of negotiation\nA convenor must not disclose information obtained in a negotiation\nsession to a person who is not a party to the session (a nonparticipant)\nunless—\n(a) the person who provided the information to the convenor\nconsents to the information being disclosed to the\nnonparticipant; or\n(b) the information is necessary for the provision or administration\nof legal assistance and is being disclosed to any of the following:\n(i) the board;\n(ii) the chief executive officer;\n(iii) a committee established under this Act;\n(iv) a member of the staff of the commission; or\n(c) the following apply:\n(i) the information is necessary so that any party or parties to\nthe session can be referred to another dispute resolution\nservice (a related service) that may be able to assist in the\nresolution of the dispute between the parties, or in some\nother way;\n(ii) all parties to the session consent to the information being\ndisclosed to the related service; or\n(d) the disclosure of the information is reasonably necessary to\nprevent or minimise injury to a person or damage to property; or\n(e) the convenor is required to disclose the information under a law\nof the Territory or Commonwealth.\n\nDispute resolution Part 5A\n","sortOrder":49},{"sectionNumber":"35E","sectionType":"section","heading":"Admissibility of evidence","content":"35E Admissibility of evidence\n(1) Evidence of anything said or done at a negotiation session, including\na document prepared at or for the session, is not admissible in\nevidence in any proceeding in a court or tribunal unless the parties in\nattendance at the session consent to the admission of the evidence.\n(2) In this section:\ndocument includes a copy of, or an extract from, a document.\n","sortOrder":50},{"sectionNumber":"35F","sectionType":"section","heading":"Protection of convenor from liability","content":"35F Protection of convenor from liability\nA convenor is not liable in a civil proceeding for anything done, or\nomitted to be done, honestly by the convenor—\n(a) in the exercise of a function under this part; or\n(b) in the reasonable belief that the act or omission was in the\nexercise of a function under this part.\n\n","sortOrder":51},{"sectionNumber":"Part 6","sectionType":"part","heading":"Reconsideration and review of","content":"Part 6 Reconsideration and review of\ndecisions\n","sortOrder":52},{"sectionNumber":"36","sectionType":"section","heading":"Reconsideration of decision","content":"36 Reconsideration of decision\n(1) If a decision has been made—\n(a) refusing to treat an application for legal assistance that does not\ncomply with all the requirements of section 25 (1) as having\nbeen duly made; or\n(b) refusing to provide legal assistance under this Act; or\n(c) refusing to provide legal assistance under this Act of the nature,\nor to the extent, applied for; or\n(d) imposing a condition on the provision of legal assistance under\nthis Act or varying adversely to a legally assisted person a\ncondition so imposed; or\n(e) requiring an applicant for legal assistance to pay expenses\nincurred by an officer of the commission in making inquiries, or\nobtaining, reports or advice, to decide an application for legal\nassistance; or\n(f) terminating the provision of legal assistance under this Act; or\n(g) altering the nature or extent of legal assistance provided to a\nperson under this Act; or\n(h) determining, under section 33 (2), an amount payable by a\nlegally assisted person; or\n(i) directing a legally assisted person to take specified action to\nrecover an amount that is recoverable by that person in respect\nof a matter in which legal assistance was given; or\n\n(j) directing a legally assisted person to assign to the commission\nthe person’s right to recover an amount that is recoverable by\nthe person in respect of a matter in which legal assistance was\ngiven; or\n(k) refusing to pay the whole or part of any amount that the\ncommission has been requested to pay under section 34; or\n(l) refusing to allow, under subsection (7), the period applied for by\na person making application for a longer period within which to\nrequest the reconsideration or review of a decision to which that\nparagraph applies;\nthe legally assisted person, or the person who applied for legal\nassistance or for the payment, may, by notice in writing to the\ncommission, request that the decision be reconsidered.\n(2) If a decision has been made under section 31 (2) that a legally assisted\nperson’s private legal practitioner be directed to pay to the\ncommission an amount payable by the legally assisted person, the\npractitioner may, by notice in writing to the commission, request that\nthe decision be reconsidered.\n(3) Subsection (2) shall not be taken to limit the operation of\nsubsection (1).\n(4) If a notice requesting that a decision be reconsidered is received by\nthe commission, the decision shall be reconsidered—\n(a) if the decision was made by the commission—by the\ncommission; or\n(b) if the decision was made by an officer of the commission—by\nan appropriate officer of the commission in accordance with\narrangements made or approved by the chief executive officer;\nand may either be confirmed or varied.\n\n(5) If a decision is confirmed or varied following a reconsideration of the\ndecision under subsection (4), the person who requested the\nreconsideration may, by notice in writing to the commission, request\nthe commission to refer the decision, or the decision as varied, as the\ncase may be, to a review committee for review and the commission\nshall comply with any such request.\n(6) Subject to subsection (7), a request by a person for reconsideration or\nreview of a decision (being a decision made after the commencement\nof this subsection) shall be made before the expiration of the period\nof 28 days after the person received notice of the decision or of the\nreconsidered decision (as the case may be).\n(7) If the commission is satisfied that the failure to make a request within\nthe period specified in subsection (6) was due to a reasonable cause,\nit may extend that period by a further period not exceeding 28 days.\n(8) A person who applies for an extension of the period specified in\nsubsection (6) shall specify the ground on which the application is\nmade.\n","sortOrder":53},{"sectionNumber":"37","sectionType":"section","heading":"Establishment and constitution of review committees","content":"37 Establishment and constitution of review committees\n(1) The chief executive officer may establish review committees for this\nAct.\n(2) A review committee must consist of 3 members.\n(3) The members must be chosen from the following 3 panels:\n(a) the private legal practitioners panel;\n(b) the Australian legal practitioners panel;\n(c) the non-legal practitioners panel.\n(4) At least 1 of the members must be a legal practitioner.\n(5) A review committee need not include a member from each of the\npanels.\n\n(6) The private legal practitioners panel is—\n(a) a panel of up to 14 private legal practitioners nominated by the\ncouncil of the bar association and approved by the Minister; or\n(b) if the council does not nominate a panel within 30 days after\nreceiving a written request from the Minister to do so—a panel\nof private legal practitioners chosen by the Minister.\n(7) The Australian legal practitioners panel is—\n(a) a panel of up to 14 Australian legal practitioners nominated by\nthe council of the law society and approved by the Minister; or\n(b) if the council does not nominate a panel within 30 days after\nreceiving a written request from the Minister to do so—a panel\nof Australian legal practitioners chosen by the Minister.\n(8) The non-legal practitioners panel is a panel of up to 14 people\nchosen by the Minister who—\n(a) have qualifications or experience relevant to the exercise of the\nfunctions of a review committee; but\n(b) are not legal practitioners or members or officers of the\n","sortOrder":54},{"sectionNumber":"39","sectionType":"section","heading":"Function of review committee","content":"39 Function of review committee\n(1) The function of a review committee is to review decisions referred to\nthe committee under section 36 (5).\n(2) In reviewing a decision of a kind specified in section 36 (1) (b) to (g),\nor a decision of 1 of those kinds as varied under section 36 (4), a\nreview committee shall have regard to the amount of the funds\navailable to the commission for the provision of legal assistance, the\nnature and extent of the legal assistance that has been provided from\nthose funds and the nature and extent of the legal assistance that the\ncommission is likely to be requested to provide in the future.\n\n","sortOrder":55},{"sectionNumber":"39A","sectionType":"section","heading":"Chief executive officer and person requesting review to","content":"39A Chief executive officer and person requesting review to\nhave opportunity to be heard\nA review committee that reviews a decision referred to it under\nsection 36 (5) shall not make a decision on the review unless it has\nafforded to the chief executive officer or another officer of the\ncommission nominated by the chief executive officer, and to the\nperson who requested the review, a reasonable opportunity—\n(a) to attend a meeting of the review committee; and\n(b) to address the review committee in relation to the review; and\n(c) to place before the committee any document relevant to the\nreview.\n","sortOrder":56},{"sectionNumber":"39B","sectionType":"section","heading":"Power of review committees to obtain information and","content":"39B Power of review committees to obtain information and\ndocuments\nA review committee may request the chief executive officer or\nanother officer of the commission to—\n(a) furnish to the committee any information known to the officer,\nor to which the officer has access, that relates to a decision being\nreviewed by the committee; or\n(b) produce to the committee any document in the officer’s custody\nor control that relates to a decision being reviewed by the\ncommittee; or\n(c) furnish to the committee any information relating to the amount\nof the funds available to the commission for the provision of\nlegal assistance, the nature and extent of the legal assistance that\nhas been provided from those funds and the nature and extent of\nthe legal assistance that the commission is likely to be requested\nto provide in the future;\nand the chief executive officer, or the officer, as the case may be, shall\nprovide the information or produce the documents requested.\n\n","sortOrder":57},{"sectionNumber":"40","sectionType":"section","heading":"Decision of review committee","content":"40 Decision of review committee\n(1) A review committee that reviews a decision of the commission or an\nofficer of the commission referred to it under section 36 (5)\n(a primary decision) shall give a decision in writing—\n(a) confirming the primary decision; or\n(b) varying the primary decision; or\n(c) setting aside the primary decision and making a decision in\nsubstitution for the primary decision.\n(2) A primary decision as varied by a review committee, or a decision\nmade by a review committee in substitution for a primary decision,\nshall, for this Act (other than section 36 (5)), be deemed to be a\ndecision made by the person who, or the body which, made the\nprimary decision.\n(3) A review committee shall cause a copy of its decision to be sent to\nthe person who requested the review and to the commission.\n(4) A review committee shall, if requested to do so by the person who\nrequested the review, cause a short statement in writing of the reasons\nfor the decision to be sent to the person.\n(5) The decision of a review committee shall be final and conclusive.\n","sortOrder":58},{"sectionNumber":"40A","sectionType":"section","heading":"Cessation of committee","content":"40A Cessation of committee\nExcept for the purpose of complying with a request under\nsection 40 (4), a review committee ceases to exist on complying with\nsection 40 (3) in respect of each decision referred to it.\n\n","sortOrder":59},{"sectionNumber":"41","sectionType":"section","heading":"Establishment of fund","content":"41 Establishment of fund\n(1) There is established by this section a fund to be known as the legal\naid fund.\n(2) Subject to subsection (4), the fund shall consist of—\n(a) money paid to, or recovered by, the commission under this Act\n(other than money received or held by the commission on trust);\nand\n(b) money paid to the commission out of a statutory interest\naccount; and\n(c) money paid to the commission, being money appropriated by\nthe Legislative Assembly for the commission; and\n(d) any other money paid to the commission for the purpose of the\nprovision of legal assistance or otherwise for the fund; and\n(e) income derived from the investment of money forming part of\nthe fund.\n(3) The fund shall be controlled and administered by the commission.\n(4) Money paid to the commission, being money appropriated by the\nLegislative Assembly for the purpose of the provision of financial\nassistance to voluntary legal assistance organisations, does not form\npart of the fund.\n","sortOrder":60},{"sectionNumber":"42","sectionType":"section","heading":"Banking accounts","content":"42 Banking accounts\n(1) The commission may open and maintain an account or accounts with\nan approved financial institution or approved financial institutions in\nthe ACT and shall maintain at all times at least 1 such account.\n(2) The commission shall pay all money received by it into an account\nreferred to in this section.\n\nFinances of commission Part 7\n(3) Payment of money (other than money received or held by the\ncommission on trust and money referred to in section 41 (4)) into an\naccount referred to in this section shall be deemed to be payment of\nthe money into the fund.\n(4) The commission shall ensure that any money received or held by the\ncommission on trust is paid into an account that does not, or accounts\nthat do not, contain any money of the commission not held on trust.\n(5) The commission shall ensure that money referred to in section 41 (4)\nis paid into an account that does not, or accounts that do not, contain\nmoney of the commission other than money referred to in that\nsubsection.\n(6) In this section:\napproved financial institution means the Reserve Bank of Australia\nor another financial institution approved by the Minister.\n","sortOrder":61},{"sectionNumber":"43","sectionType":"section","heading":"Application of fund","content":"43 Application of fund\n(1) Money in the fund shall be applied only—\n(a) in the discharge of obligations and liabilities of the commission\narising under this Act; and\n(b) in the payment of remuneration and allowances payable under\n(2) Money in the fund derived from the following sources shall not be\napplied otherwise than for providing legal assistance in Territory\nmatters:\n(a) money appropriated by the Legislative Assembly for providing\nlegal assistance in Territory matters;\n(b) money paid to the commission under section 31 in relation to\nTerritory matters for which legal assistance was partly funded\nunder this Act;\n\n(c) money paid to the commission under section 33 (2) in relation\nto Territory matters for which legal assistance was provided\nunder this Act;\n(d) money paid to the commission out of a statutory interest account\nfor the provision of legal assistance under this Act;\n(e) any other money paid to the commission for providing legal\nassistance in Territory matters;\n(f) income derived from the investment of money referred to in\nparagraphs (a) to (e).\n(3) Money standing to the credit of the fund may be invested by the\ncommission in any manner in which trust funds may, for the time\nbeing, be invested under the Trustee Act 1925, but not otherwise.\n(4) In this section:\nTerritory matter means a matter arising under a territory law, other\nthan a law in relation to which a funding agreement is in force.\n","sortOrder":62},{"sectionNumber":"44","sectionType":"section","heading":"Limitation on contracts","content":"44 Limitation on contracts\nThe commission shall not, except with the approval of the Minister,\nenter into a contract involving the payment or receipt of an amount\nexceeding $100 000 or, if a higher amount is prescribed, that higher\namount.\n","sortOrder":63},{"sectionNumber":"45","sectionType":"section","heading":"Estimates of expenditure","content":"45 Estimates of expenditure\n(1) The commission shall prepare estimates, in such form as the Minister\ndirects, of receipts and expenditure of the commission for each\nfinancial year and, if the Minister so directs, for any other period\nspecified by the Minister, and shall submit estimates so prepared to\nthe Minister not later than such date as the Minister directs.\n(2) Money of the commission (other than money held by the commission\non trust) shall not be expended otherwise than in accordance with\nestimates of expenditure approved by the Minister.\n\nFinances of commission Part 7\n","sortOrder":64},{"sectionNumber":"46","sectionType":"section","heading":"Proper accounts to be kept by commission","content":"46 Proper accounts to be kept by commission\nThe commission shall cause to be kept proper accounts and records\nof the transactions and affairs of the commission (including\ntransactions and affairs relating to money held by the commission on\ntrust) and shall do all things necessary to ensure that all payments out\nof the fund or out of money held by the commission on trust are\ncorrectly made and properly authorised and that adequate control is\nmaintained over the assets of, or in the custody of, the commission\nand over the incurring of liabilities by the commission.\n","sortOrder":65},{"sectionNumber":"47","sectionType":"section","heading":"Audit","content":"47 Audit\n(1) The Auditor-General shall inspect and audit the accounts and records\nof the financial transactions of the commission and the records\nrelating to the assets of, or in the custody of, the commission and shall\ndraw the attention of the Minister to any irregularity disclosed by the\ninspection and audit that is, in the opinion of the Auditor-General, of\nsufficient importance to justify the Auditor-General doing so.\n(2) The Auditor-General may, at the Auditor-General’s discretion,\ndispense with all or any part of the detailed inspection and audit of\nany accounts or records referred to in subsection (1).\n(3) The Auditor-General shall, at least once in each year, report to the\nMinister the results of the inspection and audit carried out under\nsubsection (1).\n(4) In this section:\nassets includes property held on trust.\nfinancial transactions includes financial transactions involving or\nrelated to money or property held on trust.\n\n","sortOrder":66},{"sectionNumber":"Part 8","sectionType":"part","heading":"Administrative provisions","content":"Part 8 Administrative provisions\nrelating to commission\n","sortOrder":67},{"sectionNumber":"48","sectionType":"section","heading":"Term of office","content":"48 Term of office\n(1) In this section:\ncommissioner does not include the chief executive officer.\n(2) Subject to this division, a commissioner holds office for a period of\nnot longer than—\n(a) for the president of the commission—5 years; or\n(b) for a commissioner other than the president—3 years.\n(3) The instrument of appointment must state the period for which a\ncommissioner is appointed.\nNote A person may be reappointed to a position if the person is eligible to be\n","sortOrder":68},{"sectionNumber":"50","sectionType":"section","heading":"Qualifications for appointment","content":"50 Qualifications for appointment\n(1) A person is not eligible for appointment as the president of the\ncommission unless—\n(a) the person is or has been a judge; or\n(b) the person is a legal practitioner and has been for not less than\n5 years.\n(2) A person is not eligible for appointment as a commissioner referred\nto in section 16 (1) (c) (iv) if the person is a legal practitioner.\n\nCommissioners Division 8.1\n","sortOrder":69},{"sectionNumber":"51","sectionType":"section","heading":"Resignation","content":"51 Resignation\nA commissioner other than the chief executive officer may resign the\ncommissioner’s office by signed writing delivered to the Minister.\n","sortOrder":70},{"sectionNumber":"52","sectionType":"section","heading":"Removal from office","content":"52 Removal from office\n(1) The Minister may remove a commissioner other than the chief\nexecutive officer from office for misbehaviour or physical or mental\nincapacity.\n(2) If a commissioner other than the chief executive officer—\n(b) is absent, except by leave of the Minister, from 3 consecutive\nmeetings of the commission; or\n(c) fails to comply with the commissioner’s obligations under\nsection 55;\nthe Minister shall remove the commissioner from office.\n(3) Subsection (2) does not apply to a commissioner if the commissioner\nis a judge but, if a commissioner being a judge ceases to be a judge,\nthe Minister may terminate the commissioner’s appointment.\n","sortOrder":71},{"sectionNumber":"54","sectionType":"section","heading":"Meetings","content":"54 Meetings\n(1) The commission shall hold such meetings as are necessary for the\nexercise of its functions.\n(2) The president of the commission may at any time convene a meeting\nof the commission.\n(3) The president of the commission, on receipt of a request in writing\nsigned by 3 commissioners, shall convene a meeting of the\n(4) At a meeting of the commission, 4 commissioners constitute a\nquorum.\n\n(5) The president of the commission shall preside at all meetings of the\ncommission at which the president is present.\n(6) If the president of the commission is not present at a meeting of the\ncommission, the commissioners present shall elect 1 of their number\nto preside at that meeting and the person so elected shall preside\naccordingly.\n(7) Questions arising at a meeting of the commission shall be determined\nby a majority of the votes of the commissioners present and voting.\n(8) The commissioner presiding at a meeting of the commission has a\ndeliberative vote and, in the event of an equality of votes, also has a\ncasting vote.\n(9) The commission may regulate the conduct of proceedings at its\nmeetings as it thinks fit and shall keep minutes of those proceedings.\n","sortOrder":72},{"sectionNumber":"55","sectionType":"section","heading":"Interests to be disclosed","content":"55 Interests to be disclosed\n(1) A commissioner who has a direct or indirect pecuniary interest in a\nmatter being considered or about to be considered by the commission,\notherwise than as a member of, and in common with the other\nmembers of, an incorporated company which consists of more than\n25 people and of which the commissioner is not a director, shall, as\nsoon as possible after the relevant facts have come to the\ncommissioner’s knowledge, disclose the nature of the\ncommissioner’s interest at a meeting of the commission.\n(2) A disclosure under subsection (1) shall be recorded in the minutes of\nthe meeting of the commission and the commissioner shall not be\npresent during any deliberation of the commission with respect to that\nmatter.\n\n","sortOrder":73},{"sectionNumber":"56","sectionType":"section","heading":"Term of appointment of statutory officers","content":"56 Term of appointment of statutory officers\nA statutory officer of the commission must be appointed for a term of\nnot longer than 7 years.\nNote A person may be reappointed to a position if the person is eligible to be\n","sortOrder":74},{"sectionNumber":"57","sectionType":"section","heading":"Conditions of appointment","content":"57 Conditions of appointment\nA statutory officer of the commission holds office on the conditions\n(if any) about matters not provided for under this Act or another\nterritory law that are determined by the commission with the approval\nof the Minister.\n","sortOrder":75},{"sectionNumber":"58","sectionType":"section","heading":"Leave of absence","content":"58 Leave of absence\nThe commission may grant leave of absence to a statutory officer of\nthe commission on the terms decided by the commission.\n","sortOrder":76},{"sectionNumber":"59","sectionType":"section","heading":"Resignation","content":"59 Resignation\nA statutory officer of the commission may resign their office by\nsigned writing delivered to the commission.\n","sortOrder":77},{"sectionNumber":"60","sectionType":"section","heading":"Removal from office","content":"60 Removal from office\n(1) The commission may remove a statutory officer of the commission\nfrom office for—\n(a) misbehaviour or physical or mental incapacity; or\n(b) inefficiency or incompetence.\n\n(2) If a statutory officer of the commission—\n(b) is absent from duty, except on leave granted by the commission,\nfor 14 consecutive days, or for 28 days in any period of\n12 months;\nthe commission shall remove the officer from office.\n","sortOrder":78},{"sectionNumber":"60A","sectionType":"section","heading":"Review of decision to remove from office","content":"60A Review of decision to remove from office\n(1) This section applies to a decision (the reviewable decision) of the\ncommission to remove a statutory officer from office under\nsection 60.\n(2) The commission must give a reviewable decision notice to the\nstatutory officer.\nNote The person must also take reasonable steps to give a reviewable decision\nnotice to any other whose interests are affected by the decision (see ACT\nCivil and Administrative Tribunal Act 2008, s 67A).\n(3) The following people may apply to the ACAT for review of the\nreviewable decision:\n(a) the statutory officer;\n(b) any other person whose interests are affected by the decision.\n","sortOrder":79},{"sectionNumber":"61","sectionType":"section","heading":"Outside employment","content":"61 Outside employment\nExcept in the exercise of the functions of a statutory officer or with\nthe approval of the commission, a statutory officer of the commission\nshall not engage in practice as a legal practitioner or engage in paid\nemployment.\n","sortOrder":80},{"sectionNumber":"68","sectionType":"section","heading":"Conditions of employment of staff","content":"68 Conditions of employment of staff\n(1) The commission may determine the conditions of employment of the\ncommission’s staff.\n\n(2) The public sector standards commissioner must approve the\nconditions before the commission determines them.\n(3) The conditions of employment of the commission’s staff are as\ndetermined under this section.\n","sortOrder":81},{"sectionNumber":"68A","sectionType":"section","heading":"Personnel management","content":"68A Personnel management\n(1) The commission’s powers in relation to employment matters must be\nexercised—\n(a) without patronage, favouritism or unjustified discrimination;\nand\n(b) with regard to the equal employment opportunity policy for the\n(2) For the selection of a person for employment for longer than 3 months\nor for promotion, the commission’s powers must also be exercised in\naccordance with procedures that ensure that—\n(a) all employees who are eligible have, as far as practicable, a\nreasonable opportunity to apply for selection; and\n(b) the selection is made on the basis of an assessment of the relative\nsuitability of the applicants having regard to—\n(i) the type of functions to be exercised; and\n(ii) the abilities, qualifications, experience, personal qualities\nand potential for development of each applicant that are\nrelevant to the exercise of the functions.\n(3) For subsection (1) (b), the commission must—\n(a) develop an equal employment opportunity policy for the\ncommission; and\n(b) review the policy.\n\n(4) The commission must consult with each relevant staff organisation\nand other people the commission considers appropriate before\ndeveloping or reviewing the equal employment opportunity policy.\n(5) As soon as practicable after the development or review of the equal\nemployment opportunity policy, the commission must give the public\nsector standards commissioner written particulars of the policy.\n(6) The public sector standards commissioner may give written\nguidelines to the commission about—\n(a) the matters to be included in the equal employment opportunity\npolicy; and\n(b) the development, implementation or review of the policy.\n(7) The commission must take any action necessary to give effect to the\nequal employment opportunity policy and to comply with any\nguidelines given under subsection (6).\n(8) The commission must give the Minister a written report about the\noperation of this section during each financial year.\n(9) In this section:\ndesignated group means any of the following classes of people:\n(a) members of the Aboriginal race of Australia or people who are\ndescendants of indigenous inhabitants of the Torres Strait\nIslands;\n(b) people who have migrated to Australia and whose first language\nis a language other than English, and their children;\n(c) people with physical or mental disabilities;\n(d) any other class of people declared by the regulations to be a\ndesignated group for this definition.\n\nemployment means—\n(a) appointment as a statutory officer of the commission under\nsection 17; or\n(b) employment as a member of the staff of the commission under\nsection 20.\nemployment matter, in relation to the commission, means—\n(a) the selection of people by the commission for employment or\npromotion; or\n(b) the transfer of employees; or\n(c) training and staff development for employees; or\n(d) the conditions of service of employees; or\n(e) any other matter related to the employment of people.\nequal employment opportunity policy, in relation to the commission,\nmeans a policy designed to ensure that—\n(a) appropriate action is taken to eliminate unjustified\ndiscrimination against women and people in designated groups\nin relation to employment matters; and\n(b) measures are taken to enable employees who are women or\npeople in designated groups to do the following as effectively as\nother people and to have equal opportunities with others in\nrelation to other employment matters:\n(i) to compete for employment, transfer or promotion;\n(ii) to pursue careers.\nexercise, of a power, includes making a report or recommendation in\nrelation to the exercise of the power.\npromotion means movement within the commission resulting in an\nemployee doing work, and being paid, at a higher level than\npreviously.\n\nrelevant staff organisation means an organisation—\n(a) within the meaning of the Fair Work (Registered Organisations)\nAct 2009 (Cwlth); and\n(b) that people employed by the commission are eligible to join; and\n(c) that is a party to an industrial award that applies in relation to\nthe salary payable for that employment.\nunjustified discrimination includes—\n(a) discrimination that is an unlawful act under the Discrimination\nAct 1991; and\n(b) unjustified discrimination on the ground of age or social origin;\nbut does not include—\n(c) discrimination that is essential for the effective exercise of the\nrelevant functions, is not an unlawful act under the\nDiscrimination Act 1991 and is prescribed under the regulations;\nor\n(d) discrimination that is not an unlawful act under the\nDiscrimination Act 1991 and is in accordance with the equal\nemployment opportunity policy for the commission or with a\npolicy prescribed under the regulations.\n","sortOrder":82},{"sectionNumber":"68B","sectionType":"section","heading":"Application of merit principle to re-engagements of","content":"68B Application of merit principle to re-engagements of\nstatutory officers\nSection 68A (1) and (2) does not apply in relation to a second or\nsubsequent engagement of a person to exercise the functions of the\nchief executive officer, or an assistant executive officer, if—\n(a) the period of the second or subsequent engagement is to\ncommence immediately on the end of the period of the previous\nengagement; and\n\n(b) the president of the commission has certified in writing that the\npresident is satisfied that it would be in the interests of the\ncommission for the person to be re-engaged to exercise the\nfunctions.\n","sortOrder":83},{"sectionNumber":"69","sectionType":"section","heading":"Application of Legal Profession Act to commission etc","content":"69 Application of Legal Profession Act to commission etc\nThe following provisions of the Legal Profession Act 2006 do not\napply in relation to the commission or an officer of the commission\nin the officer’s official capacity:\n(a) division 3.1.3 (Investigations and external examinations);\n(b) part 3.2 (Costs disclosure and assessment);\n(c) part 3.3 (Professional indemnity insurance);\n(d) part 3.4 (Fidelity cover);\n(e) chapter 5 (External intervention).\n\nDivision 8.3 Records management—legal services records\nDivision 8.3 Records management—legal services\nrecords\n69A Definitions—div 8.3\nIn this division:\napproved records management program means a records\nmanagement program approved under section 69C.\ndirector of territory records means the person appointed under the\nTerritory Records Act 2002, section 34 (Appointment of the director)\nto be the director of territory records.\nlegal services record means a record of the commission that relates\nto—\n(a) the provision of legal assistance to a person under part 5\n(Provision of legal assistance by commission); or\n(b) a negotiation process conducted under part 5A (Dispute\nresolution).\nrecords management, in relation to legal services records means the\nmanagement of legal services records to meet the commission’s\noperational needs.\n","sortOrder":84},{"sectionNumber":"69B","sectionType":"section","heading":"Records management—legal services records","content":"69B Records management—legal services records\n(1) The commission must have an approved records management\nprogram for the management of its legal services records.\n(2) The program must include arrangements for the creation, keeping,\nprotection, preservation, storage and disposal of, and access to, legal\nservices records.\n(3) The commission must comply with its approved records management\nprogram for legal services records.\n\nRecords management—legal services records Division 8.3\n","sortOrder":85},{"sectionNumber":"69C","sectionType":"section","heading":"Approval of records management program","content":"69C Approval of records management program\n(1) The chief executive officer may, in writing, approve a records\nmanagement program for legal services records if the chief executive\nofficer is satisfied that the program includes arrangements for the\nmatters mentioned in section 69B (2).\n(2) If the chief executive officer approves a records management\nprogram, the chief executive officer must give a copy of the program\nto the director of territory records.\n\nPart 10 Administrative provisions relating to review committees\nPart 10 Administrative provisions\nrelating to review committees\n76 Membership of panel\nA member of a panel referred to in section 37 holds membership for\nsuch period not exceeding 3 years as the Minister determines in\nwriting and, subject to section 37, is eligible to be chosen as a member\nof a successive panel.\n","sortOrder":86},{"sectionNumber":"77","sectionType":"section","heading":"Resignation from panel","content":"77 Resignation from panel\nA member of a panel referred to in section 37 may resign by writing\ndelivered to the Minister.\n","sortOrder":87},{"sectionNumber":"78","sectionType":"section","heading":"Removal from panel","content":"78 Removal from panel\n(1) The Minister may remove a person from a panel referred to in\nsection 37 for misbehaviour or physical or mental incapacity.\n(2) If a member of a panel—\n(b) on 3 consecutive occasions, without giving prior advice to the\nchief executive officer, fails to attend a meeting of a review\ncommittee of which they are a member; or\n(c) fails to comply with section 81;\nthe Minister shall remove the member from the panel.\n","sortOrder":88},{"sectionNumber":"79","sectionType":"section","heading":"Allowances","content":"79 Allowances\nMembers of a review committee shall be paid such allowances for\nexpenses in respect of the exercise of their functions as are prescribed.\n\nAdministrative provisions relating to review committees Part 10\n","sortOrder":89},{"sectionNumber":"80","sectionType":"section","heading":"Meetings of review committee","content":"80 Meetings of review committee\n(1) A review committee shall hold such meetings as are necessary for the\nexercise of its function.\n(2) Meetings of a review committee shall be convened by the chief\nexecutive officer.\n(3) At the first meeting of a review committee the members present shall\nelect 1 of their number to preside at meetings of the committee.\n(4) If, at a meeting of a review committee, the presiding member is not\nin attendance, the members present shall appoint 1 of their number to\npreside at that meeting.\n(5) Questions arising at a meeting of a review committee shall be\ndetermined by a majority of the votes of members of the review\ncommittee present and voting.\n(6) The member of a review committee presiding at a meeting of the\nreview committee has a deliberative vote and, in the event of an\nequality of votes, also has a casting vote.\n(7) A review committee may regulate the conduct of proceedings at its\nmeetings as it thinks fit and shall keep minutes of those proceedings.\n(8) For a meeting of a review committee, a quorum is made up of\n2 members, at least 1 of whom is a legal practitioner.\n","sortOrder":90},{"sectionNumber":"81","sectionType":"section","heading":"Interests to be disclosed","content":"81 Interests to be disclosed\n(1) A member of a review committee who has a direct or indirect\npecuniary interest in a matter considered or about to be considered by\nthe review committee, otherwise than as a member of, and in common\nwith the other members of, an incorporated company which consists\nof more than 25 people and of which the member is not a director,\nshall, as soon as possible after the relevant facts have come to the\nmember’s knowledge, disclose the nature of the member’s interest at\na meeting of the review committee.\n\n","sortOrder":91},{"sectionNumber":"Part 10","sectionType":"part","heading":"Administrative provisions relating to review committees","content":"Part 10 Administrative provisions relating to review committees\n(2) A disclosure under subsection (1) shall be recorded in the minutes of\nthe meeting of the review committee and the member shall not be\npresent during any deliberation of the review committee with respect\nto that matter.\n(3) A member of a review committee who made, or participated in the\nmaking of, a decision that is to be reviewed by the review committee\nshall not be present during any deliberation of the review committee\nwith respect to that decision.\n\nConsultative committees Part 11\n","sortOrder":92},{"sectionNumber":"82","sectionType":"section","heading":"Establishment of consultative committees","content":"82 Establishment of consultative committees\n(1) The Minister may establish such consultative committees as the\nMinister thinks desirable to assist the commission in the exercise of\nits functions.\n(2) In deciding whether to establish a consultative committee to assist the\ncommission to exercise its functions in a particular locality, the\nMinister shall take into account any representations received from\nany local community organisation or from people living, or carrying\non a business, profession or trade, in that locality.\n","sortOrder":93},{"sectionNumber":"83","sectionType":"section","heading":"Constitution of consultative committees","content":"83 Constitution of consultative committees\n(1) Each consultative committee shall consist of—\n(a) a person who is a member of the law society or a member of\nthe bar association; and\n(b) an officer of the commission; and\n(c) such other people as the Minister considers appropriate.\n(2) In selecting people to be appointed as members of a consultative\ncommittee to assist the commission to exercise its functions in a\nparticular locality, the Minister shall have regard to the desirability of\nselecting people living, or carrying on a business, profession or trade,\nin that locality.\n(3) The Minister must appoint the members of a consultative committee\nfor a period of 1 year.\nNote 2 Certain Ministerial appointments require consultation with an Assembly\ncommittee and are disallowable (see Legislation Act, div 19.3.3).\nNote 3 A person may be reappointed to a position if the person is eligible to be\n\n","sortOrder":94},{"sectionNumber":"84","sectionType":"section","heading":"General provisions relating to consultative committees","content":"84 General provisions relating to consultative committees\n(1) The regulations may make provision for and in relation to—\n(a) the convening of meetings of consultative committees; and\n(b) the procedure (including provision with respect to quorums and\nvoting) to be followed at such meetings.\n(2) Members of consultative committees shall be paid such allowances\nfor expenses in respect of the exercise of their functions as are\nprescribed.\n\nInquiry relating to affairs of commission Part 12\n","sortOrder":95},{"sectionNumber":"Part 12","sectionType":"part","heading":"Inquiry relating to affairs of","content":"Part 12 Inquiry relating to affairs of\n","sortOrder":96},{"sectionNumber":"84A","sectionType":"section","heading":"Definitions for pt 12","content":"84A Definitions for pt 12\nIn this part:\nassistant means a person approved under section 84C.\ninquiry means an inquiry conducted by a prescribed person under an\nappointment made or to be deemed to have been made under this part.\nprescribed matter means any matter relating to—\n(a) the operations or affairs of the commission; or\n(b) the exercise by the commission of its functions under this Act;\nor\n(c) the exercise of a function by anyone under this Act.\nprescribed person means a person appointed under section 84B.\n","sortOrder":97},{"sectionNumber":"84B","sectionType":"section","heading":"Appointment of person to conduct inquiry","content":"84B Appointment of person to conduct inquiry\n(1) The commission, with the approval of the Minister, may appoint a\nperson to inquire into and report on such of the prescribed matters as\nare specified in the appointment.\n(2) The Minister may appoint a person to inquire into and report on such\nof the prescribed matters as are specified in the appointment.\nNote 2 In particular, an appointment may be made by naming a person or\nnominating the occupant of a position (see Legislation Act, s 207).\nNote 3 Certain Ministerial appointments require consultation with an Assembly\ncommittee and are disallowable (see Legislation Act, div 19.3.3).\n\nPart 12 Inquiry relating to affairs of commission\n(3) A report under this section shall be made—\n(a) if the appointment of the prescribed person was made by the\ncommission—to the commission and the Minister; and\n(b) if the appointment of the prescribed person was made by the\nMinister—to the Minister.\n","sortOrder":98},{"sectionNumber":"84C","sectionType":"section","heading":"Assistants","content":"84C Assistants\nFor the purpose of conducting an inquiry, the prescribed person may\nbe assisted by such people as the Minister approves.\n","sortOrder":99},{"sectionNumber":"84D","sectionType":"section","heading":"Access to documents etc","content":"84D Access to documents etc\n(1) For the purpose of conducting an inquiry, the prescribed person or an\nassistant is entitled at all reasonable times to full and free access to all\naccounts, records, documents and papers of or held by the\n(2) The prescribed person or an assistant may make and retain copies of,\nor take extracts from, any accounts, records, documents or papers\nreferred to in subsection (1).\n(3) The prescribed person or an assistant may require any person to\nfurnish the prescribed person or assistant with such information in the\npossession of the person or to which the person has access as the\nprescribed person or assistant considers necessary for the effective\nconduct of the inquiry.\n(4) A person who refuses or fails to comply with a requirement made of\nthe person under subsection (3) commits an offence.\nMaximum penalty: 50 penalty units.\n\nInquiry relating to affairs of commission Part 12\n","sortOrder":100},{"sectionNumber":"84E","sectionType":"section","heading":"Professional privilege","content":"84E Professional privilege\n(1) Section 13 shall not be taken to preclude an officer of the commission\nfrom complying with a requirement made of the officer under\nsection 84D (3).\n(2) If, in the course of an inquiry, the prescribed person or an assistant\nacquires information concerning the affairs of a person who has\napplied for legal assistance or to whom legal assistance is being or\nhas been provided, the privileges that arise under section 13 (2)\nbetween that person and a statutory officer of the commission who\npractices as, or exercises any of the functions of, a solicitor for the\nperson shall arise between that person and the prescribed person, or\nassistant, as the case requires.\n\n","sortOrder":101},{"sectionNumber":"90","sectionType":"section","heading":"Delegation by commission","content":"90 Delegation by commission\nThe commission may delegate any of its functions under this Act to\nany of the following:\n(a) a committee of commissioners or committee of officers of the\ncommission or both;\n(b) an officer of the commission;\n(c) any person providing services on behalf of the commission\nunder this Act.\nNote For the making of delegations and the exercise of delegated functions,\nsee the Legislation Act, pt 19.4.\n","sortOrder":102},{"sectionNumber":"91","sectionType":"section","heading":"Liabilities of commission and Territory","content":"91 Liabilities of commission and Territory\n(1) The commission must indemnify an officer of the commission against\nany liability incurred by the officer for a negligent act or omission in\nthe honest exercise or purported exercise of the officer’s functions.\n(2) If a private legal practitioner provides any service without charge in\nconnection with the provision of legal assistance under this Act, the\ncommission shall indemnify the practitioner against any liability\nincurred by the practitioner for any negligent act or omission by the\npractitioner in the course of the provision of those services.\n(3) The commission has the same liability for acts or omissions by an\nofficer of the commission in the exercise of the officer’s functions as\nan employer has for any acts or omissions by the employer’s\nemployees.\n(4) A member of the commission, a review committee or a consultative\ncommittee is not liable for any act or omission of the member,\ncommission, or committee of which they are a member, if the act was\ndone, or the omission occurred, in the honest exercise or purported\nexercise of the member’s functions.\n\n(5) The Territory is responsible for the payment of any money owing by\nthe commission but nothing in this subsection authorises a person to\nsue the Territory in respect of a claim against the commission or an\nofficer of the commission.\n","sortOrder":103},{"sectionNumber":"91A","sectionType":"section","heading":"Grants to voluntary legal assistance organisations","content":"91A Grants to voluntary legal assistance organisations\n(1) In this section:\nvoluntary legal assistance organisation means a voluntary\norganisation that conducts a scheme for the provision of legal\nassistance in the ACT.\n(2) The commission may grant to a voluntary legal assistance\norganisation, on such terms and conditions as the commission thinks\nfit, a sum by way of financial assistance.\n(3) A grant under subsection (2) shall not be made except out of money\nappropriated by the Legislative Assembly for the purpose of the\nprovision of financial assistance to voluntary legal assistance\norganisations.\n","sortOrder":104},{"sectionNumber":"92","sectionType":"section","heading":"Secrecy","content":"92 Secrecy\n(1) This section applies to—\n(a) every person who is or has been a commissioner, an officer of\nthe commission, a member of a review committee or a member\nof a consultative committee; and\n(b) a person who is or has been—\n(i) a prescribed person or an assistant; or\n(ii) the auditor-general, or a person acting under the direction\nor authority of the auditor-general, in relation to a\nperformance audit or special financial audit of the\ncommission under the Auditor-General Act 1996.\n\n(2) A person to whom this section applies shall not, either directly or\nindirectly, except for this Act, the Auditor-General Act 1996 or an\ninquiry—\n(a) make a record of, or divulge or communicate to any person, any\ninformation concerning the affairs of another person acquired by\nthe person to whom this section applies by reason of their office\nor employment under or for this Act or in the exercise of a\nfunction under this Act or in the course of an inquiry; or\n(b) produce to any person a document relating to the affairs of\nanother person furnished for this Act or in the course of an\ninquiry.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n(3) Subject to section 39B, a person to whom this section applies shall\nnot be required to produce before a court any document relating to the\naffairs of another person of which the person to whom this section\napplies has the custody, or to which they have access, by virtue of\ntheir office or employment under or for this Act or in the exercise of\na function under this Act, or to divulge or to communicate to any court\nany information concerning the affairs of another person obtained by\nthe person to whom this section applies by reason of such an officer\nor employment or in the exercise of such a function.\n(4) Nothing in this section shall operate so as to prohibit a prescribed\nperson from referring in a report furnished under part 12 (Inquiry\nrelating to affairs of commission) to information acquired in the\ncourse of an inquiry if the reference does not reveal the identity of an\napplicant for legal assistance, a person to whom legal assistance is\nbeing or was provided or any other party or prospective party to\nlitigation.\n(5) Subsection (3) does not apply if the court considers that it is necessary\nin the interests of justice that the document be produced or the\ninformation be divulged or communicated.\n\n(6) This section does not affect any law or any rule of practice or\nprocedure relating to the discovery of documents in a proceeding in\nrespect of which legal assistance is provided to a person under this\nAct.\n(7) In this section:\nassistant—see section 84A.\ncourt includes tribunal.\ninquiry—see section 84A.\nprescribed person—see section 84A.\n92AA Exceptions to secrecy provisions\n(1) Sections 13 and 92 do not apply to the divulgence or communication\nof information, or the production of a document concerning the affairs\nof a person (a disclosure)—\n(a) for the purpose of facilitating the investigation or prosecution of\nan offence against this Act; or\n(b) with the express or implied consent of the person; or\n(c) in response to a subpoena under the ACT Civil and\nAdministrative Tribunal Act 2008, section 41 (Powers in relation\nto witnesses etc) in relation to an application to the ACAT under\nthe Legal Profession Act 2006.\n(2) Section 92 does not apply to the disclosure made to a Commonwealth\nentity if—\n(a) the disclosure is for the purpose of complying with a national\nagreement in relation to the provision of legal assistance\nservices; and\nExample\nNational Legal Assistance Partnership 2020-2025\n\n(b) the disclosure is authorised, in writing, by the chief executive\nofficer under the disclosure guidelines; and\n(c) the chief executive officer is satisfied that the Commonwealth\nentity to which the disclosure is made is required to apply the\nAustralian privacy principles in relation to the disclosed\nmaterial; and\n(d) for divulgence or communication of information—the\ndisclosure relates only to information collected on or after\n1 July 2021; and\n(e) for production of a document—the document was produced on\nor after 1 July 2021.\n(3) Section 92 does not apply to the disclosure made to an entity if—\n(a) the disclosure is for the purpose of conducting research in\nrelation to improving access to justice or the provision of legal\nassistance services; and\n(b) the disclosure is authorised, in writing, by the chief executive\nofficer under the disclosure guidelines; and\n(c) for the disclosure to a Commonwealth entity—the chief\nexecutive officer is satisfied that the Commonwealth entity is\nrequired to apply the Australian privacy principles in relation to\nthe disclosed material; and\n(d) for divulgence or communication of information—the\ndisclosure relates only to information collected on or after\n1 July 2021; and\n(e) for production of a document—the document was produced on\nor after 1 July 2021.\n(4) The Minister may make guidelines about how the chief executive\nofficer authorises the disclosure of information for this section.\n(5) A disclosure guideline is a disallowable instrument.\n\n(6) In this section:\nAustralian privacy principles means the principles set out in the\nPrivacy Act 1988 (Cwlth), schedule 1.\nCommonwealth entity—\n(a) includes a Commonwealth department; and\n(b) includes the Australian Bureau of Statistics; but\n(c) does not include an entity carrying out work for the\nCommonwealth under a contract.\ndisclosure guidelines—see subsection (4).\n","sortOrder":105},{"sectionNumber":"92A","sectionType":"section","heading":"Power of commission to obtain information or documents","content":"92A Power of commission to obtain information or documents\n(1) Subject to subsection (2), if the commission requires an officer of the\ncommission to—\n(a) furnish to the commission any information known to the officer\nor to which the officer has access; or\n(b) produce to the commission any document in the officer’s\ncustody or control;\nthat is relevant to the provision of legal assistance under this Act, the\nofficer shall comply with the requirement.\n(2) Subsection (1) does not derogate from any privilege which arises\nunder section 13 (2).\n","sortOrder":106},{"sectionNumber":"93","sectionType":"section","heading":"Exemption from fees and taxes","content":"93 Exemption from fees and taxes\n(1) No fees are payable in respect of—\n(a) the institution in a court or before a tribunal of a proceeding on\nbehalf of a legally assisted person; or\n(b) the filing or lodging of a document with a court or tribunal on\nbehalf of a legally assisted person; or\n\n(c) the service or execution by a member of the Australian Federal\nPolice or by an officer of a court or tribunal of process on behalf\nof a legally assisted person; or\n(d) the doing of any other act or thing in a proceeding in a court or\nbefore a tribunal on behalf of a legally assisted person.\n(2) The commission is not subject to taxation imposed by or under an\nAct.\n","sortOrder":107},{"sectionNumber":"94","sectionType":"section","heading":"Commission to operate as Legal Aid ACT","content":"94 Commission to operate as Legal Aid ACT\n(1) The commission shall exercise its functions under section 8 under the\nname of the Legal Aid ACT.\n(2) The commission is an excluded matter for the purposes of the\nBusiness Names Registration Act 2011 (Cwlth), section 13 in relation\nto that Act and the Business Names Registration (Transitional and\nConsequential Provisions) Act 2011 (Cwlth).\n","sortOrder":108},{"sectionNumber":"94A","sectionType":"section","heading":"Application of Financial Management Act to commission","content":"94A Application of Financial Management Act to commission\n(1) The Financial Management Act 1996, section 55 (2) (Responsibilities\nof chief executive officers of territory authorities) applies to the\ncommission subject to this Act.\n(2) The Financial Management Act 1996, part 9 (Governance of territory\nauthorities) does not apply to the commission.\n","sortOrder":109},{"sectionNumber":"95","sectionType":"section","heading":"False or misleading statements","content":"95 False or misleading statements\n(1) If—\n(a) a person is convicted of an offence against the Criminal Code,\npart 3.4 (False or misleading statements, information and\ndocuments) in respect of an application for legal assistance; and\n(b) legal assistance under this Act was granted on that application;\nand\n\n(c) the commission incurred expenses in providing that legal\nassistance;\nthe court may, in addition to imposing a penalty in respect of the\noffence, order the person to pay to the commission an amount equal\nto the amount of those expenses incurred by the commission.\n(2) For subsection (1), a certificate in writing signed by the chief\nexecutive officer certifying that the commission incurred expenses of\nan amount specified in the certificate in providing legal assistance on\nan application identified in the certificate is prima facie evidence of\nthe matters stated in the certificate.\n","sortOrder":110},{"sectionNumber":"95A","sectionType":"section","heading":"Interest on amounts due to commission","content":"95A Interest on amounts due to commission\n(1) If an amount is due and payable to the commission under section 31,\na further amount of interest for the period commencing when the\nfirstmentioned amount becomes payable and ending when it is paid\nor judgment is entered in respect of it (whichever sooner happens) is\ndue and payable to the commission and may be recovered as a debt\nin a court of competent jurisdiction.\n(2) The amount of interest must be worked out at the rate percentage per\nyear as follows:\n(a) if the amount under section 31 is payable on or after\n15 July 1992 but before the day mentioned in paragraph (b)—\n(i) for 15 July 1992 to and including 14 January 1993—\n11.5%; and\n(ii) for 15 January 1993 to and including 31 January 1994—\n10%; and\n(iii) for 1 February 1994 to and including 31 July 1995—\n9%; and\n(iv) for 1 August 1995 to and including 31 March 1997—\n10.75%; and\n\n(v) for 1 April 1997 to and including 30 April 1998—\n9.55%; and\n(vi) for 1 May 1998 to and including the day before the day\nmentioned in paragraph (b)—8.45%;\n(b) if the amount under section 31 is payable on or after the day the\nCourt Procedures Act 2004 commences—at the rate applying\nunder the rules under that Act applying in relation to the\nSupreme Court.\n","sortOrder":111},{"sectionNumber":"96","sectionType":"section","heading":"Certificate as to amounts owing to commission","content":"96 Certificate as to amounts owing to commission\nIn any action against a person for the recovery of an amount payable\nto the commission under section 31 or 33, a certificate in writing\nsigned by the chief executive officer certifying that the sum specified\nin the certificate was, at the date of the certificate, payable by the\nfirstmentioned person to the commission under that section is prima\nfacie evidence of the matters stated in the certificate.\n","sortOrder":112},{"sectionNumber":"98","sectionType":"section","heading":"Superannuation","content":"98 Superannuation\n(1) Nothing in this Act authorises the provision of superannuation\nbenefits to an officer of the commission otherwise than under—\n(a) the Superannuation Act 1976 (Cwlth); or\n(b) the Superannuation Act 1990 (Cwlth); or\n(c) the Superannuation Act 2005 (Cwlth); or\n(d) a superannuation scheme determined by the Minister.\n(2) A determination is a notifiable instrument.\n\n","sortOrder":113},{"sectionNumber":"99","sectionType":"section","heading":"Approved forms","content":"99 Approved forms\n(1) The commission may approve forms for this Act.\n(2) If the commission approves a form for a particular purpose, the\napproved form must be used for that purpose.\n(3) An approved form is a notifiable instrument.\n","sortOrder":114},{"sectionNumber":"100","sectionType":"section","heading":"Regulation-making power","content":"100 Regulation-making power\nThe Executive may make regulations for this Act.\n\n(see s 2)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nNote 2 For example, the Legislation Act, dict, pt 1 defines the following terms:\n• ACAT\n• ACT\n• auditor-general\n• bankrupt or personally insolvent\n• Commonwealth\n• document\n• exercise\n• function\n• legal practitioner\n• property\n• public sector standards commissioner\n• reviewable decision notice\n• sitting day\n• State\n• the Territory.\napproved negotiation, for part 5A (Dispute resolution)—see\nsection 35A.\napproved records management program, for division 8.3 (Records\nmanagement—legal services records)—see section 69A.\nassistant, for part 12 (Inquiry relating to affairs of commission)—see\nsection 84A.\nassistant executive officer means an Assistant Executive Officer of\nthe commission.\nAustralian legal practitioner—see the Legal Profession Act 2006,\nsection 8.\n\nbar association means the Bar Association of the Australian Capital\nTerritory.\nboard means the board of the commission established under\nsection 14.\nchief executive officer means the Chief Executive Officer of the\ncommission means the legal aid commission established by section 6.\ncommissioner means a member of the board appointed under\nsection 16.\nconsultative committee means a consultative committee established\nunder part 11.\nconvener, for part 5A (Dispute resolution)—see section 35A.\ndirector of territory records, for division 8.3 (Records\nmanagement—legal services records)—see section 69A.\nduty lawyer services means legal services provided by a legal\npractitioner attending at a proceeding of a court or tribunal, being\nlegal services consisting of appearing on behalf of a person at, or\ngiving legal advice to a person in connection with, the proceeding,\notherwise than by prior arrangement with the person.\nfund means the legal aid fund established by section 41.\nfunding agreement means an agreement between the Territory and\nthe Commonwealth, a State or another Territory (the other\njurisdiction) for the provision of legal assistance by the commission\nin matters arising under the laws of the other jurisdiction, if the\nagreement provides for the full funding of such assistance by the other\njurisdiction, including funding of all overheads (including\nadministrative overheads) involved in implementing the agreement.\ninquiry, for part 12 (Inquiry relating to affairs of commission)—see\nsection 84A.\n\njudge means a judge of a federal court or of the Supreme Court of a\nState or Territory.\nlaw society means the Law Society of the Australian Capital\nTerritory.\nlegal aid commission means an authority established by or under a\nlaw of a State or Territory for the purpose of, or for purposes that\ninclude, the provision of legal assistance.\nlegal assistance—a reference to the provision of legal assistance is a\nreference to the provision of legal services (including the giving of\nlegal advice) without charge to the person to whom the legal services\nare provided or subject to the making of a payment by that person that\nis less than the full cost of the provision of the legal services.\nlegally assisted person means a person to whom legal assistance is\nprovided under this Act.\nlegal services record, for division 8.3 (Records management—legal\nservices records)—see section 69A.\nmember of a review committee includes a deputy of a member of a\nreview committee.\nmember of the staff of the commission means a person employed\nunder section 20.\nnegotiation session, for part 5A (Dispute resolution)—see\nsection 35A.\nofficer of the commission means a statutory officer of the\ncommission or a member of the staff of the commission.\npractising certificate means an unrestricted practising certificate, a\nrestricted practising certificate or a barrister practising certificate\nunder the Legal Profession Act 2006.\nprescribed matter, for part 12 (Inquiry relating to affairs of\ncommission)—see section 84A.\n\nprescribed person, for part 12 (Inquiry relating to affairs of\ncommission)—see section 84A.\nprivate legal practitioner means a person who is—\n(a) a principal of a law practice under the Legal Profession\nAct 2006, section 9; or\n(b) an Australian legal practitioner employed by a law practice\nunder the Legal Profession Act 2006.\nproduce includes permit access to.\nrecords management, for division 8.3 (Records management—legal\nservices records)—see section 69A.\nreview committee means a review committee established under\npart 6.\nstatutory interest account—see the Legal Profession Act 2006,\nsection 253.\nstatutory officer of the commission means the chief executive officer\nor an assistant executive officer.\ntribunal includes an authority or person having power to require the\nproduction of documents or the answering of questions, but does not\ninclude a court.\nunrestricted practising certificate means an unrestricted practising\ncertificate under the Legal Profession Act 2006.\n\n1 About the endnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nThis Act was originally a Commonwealth ordinance—the Legal Aid\nOrdinance 1977 No 31 (Cwlth).\nThe Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4)\nconverted most former Commonwealth ordinances in force in the ACT into ACT\nenactments. This allowed the ACT Legislative Assembly to amend and repeal the\nlaws. This Act was converted into an ACT enactment on 11 May 1989 (self-\ngovernment day).\nAs with most ordinances in force in the ACT, the name was changed from\nOrdinance to Act by the Self-Government (Citation of Laws) Act 1989 A1989-21,\ns 5 on 11 May 1989 (self-government day).\nBefore 11 May 1989, ordinances commenced on their notification day unless\notherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).\nAfter 11 May 1989 and before 10 November 1999, Acts commenced on their\nnotification day unless otherwise stated (see Australian Capital Territory (Self-\nGovernment) Act 1988 (Cwlth) s 25).\nLegislation before becoming Territory enactment\nLegal Aid Act 1977 A1977-31\nnotified 11 July 1977\ns 3 commenced 3 July 1978 (s 2 (2) and Cwlth Gaz 1978 No S108)\nremainder commenced 11 July 1977 (s 2 (1))\nas amended by\nLegal Aid (Amendment) Ordinance 1978 Ord1978-29\nnotified 26 September 1978\ncommenced 26 September 1978\nOrdinances Revision Ordinance 1978 Ord1978-46 sch 2\nnotified 28 December 1978\ncommenced 28 December 1978\nLegal Aid (Amendment) Ordinance 1980 Ord1980-15\nnotified 30 June 1980\ncommenced 30 June 1980 (s 3)\nLegal Aid (Amendment) Ordinance 1982 Ord1982-84\nnotified 20 October 1982\ncommenced 11 December 1982 (s 2 and Cwlth Gaz 1982 No S242)\n\nLegal Aid (Amendment) Ordinance 1984 Ord1984-3\nnotified 10 February 1984\ncommenced 10 February 1984\nLegal Aid (Amendment) Ordinance (No 2) 1984 Ord1984-55 (as am by\nLegal Aid (Amendment) Ordinance 1985 Ord1985-1)\nnotified 19 October 1984\ncommenced 8 February 1985 (s 2 and Cwlth Gaz 1985 No S26)\nLegal Aid (Amendment) Ordinance 1985 Ord1985-1\nnotified 24 January 1985\ncommenced 24 January 1985\nNote This Act only amends the Legal Aid (Amendment) Ordinance (No 2)\n","sortOrder":115},{"sectionNumber":"1984","sectionType":"section","heading":"Ord1984-55 .","content":"1984 Ord1984-55 .\nLegal Aid (Amendment) Ordinance 1986 Ord1986-63\nnotified 21 October 1986\ncommenced 21 October 1986\nAdministrative Arrangements (Consequential Amendments)\nOrdinance 1988 Ord1988-17 sch 2\nnotified 22 April 1988\ncommenced 22 April 1988\nLegal Aid (Amendment) Ordinance 1988 Ord1988-41\nnotified 20 July 1988\ncommenced 20 July 1988\nSelf-Government (Consequential Amendments) Ordinance 1989\nOrd1989-38 pt 2 div 15, sch 1\nnotified 10 May 1989 (Cwlth Gaz 1989 No S164)\ns 1, s 2 commenced 10 May 1989 (s 2 (1))\npt 2 div 15, sch 1 commenced 11 May 1989 (s 2 (2) and see Cwlth\nGaz 1989 No S160)\nLegislation after becoming Territory enactment\nas modified by\nSelf-Government (Transitional Provisions) Regulations SL1990-1\nnotified 1 February 1990\ncommenced 1 February 1990\n\nas amended by\nStatutory Authorities (Audit Arrangements) Act 1990 A1990-25 pt 10\nnotified 22 June 1990 (Gaz 1990 No S29)\ns 1, s 2 commenced 22 June 1990 (s 2 (1))\npt 10 commenced 22 June 1990 (s 2 (2) and Gaz 1990 No S35)\nLegal Aid (Amendment) Act 1992 A1992-13\nnotified 2 June 1992 (Gaz 1992 No S62)\ncommenced 2 June 1992\nStatute Law Revision (Miscellaneous Provisions) Act 1992 A1992-23\nnotified 4 June 1992 (Gaz 1992 No S71)\ncommenced 4 June 1992\nLegal Aid (Amendment) Act (No 2) 1992 A1992-53\nnotified 18 September 1992 (Gaz 1992 No S158)\ns 4 (b), s 16 commenced 1 March 1993 (s 2 (2))\nremainder commenced 18 September 1992 (s 2 (1))\nRegistrar-General (Consequential Provisions) Act 1993 A1993-64\nnotified 6 September 1993 (Gaz 1993 No S172)\ns 1, s 2 commenced 6 September 1993 (s 2 (1))\nsch 1 commenced 1 October 1993 (s 2 (2) and Gaz 1993 No S207)\nReal Property (Consequential Provisions) Act 1993 A1993-90 sch\nnotified 17 December 1993 (Gaz 1993 No S258)\ns 1, s 2 commenced 17 December 1993 (s 2 (1))\nsch commenced 1 January 1994 (s 2 (2) and see Gaz 1993 No S270)\nAdministrative Appeals (Consequential Amendments) Act 1994\nA1994-60 sch 1\nnotified 11 October 1994 (Gaz 1994 No S197)\ns 1, s 2 commenced 11 October 1994 (s 2 (1))\nsch 1 commenced 14 November 1994 (s 2 (2) and see Gaz 1994\nNo S250)\nLegal Practitioners (Amendment) Act 1994 A1994-76 sch\nnotified 23 November 1994 (Gaz 1994 No S247)\ncommenced 23 November 1994 (s 2)\n\nStatute Law Revision (Penalties) Act 1994 A1994-81 sch\nnotified 29 November 1994 (Gaz 1994 No S253)\ns 1, s 2 commenced 29 November 1994 (s 2 (1))\nsch commenced 29 November 1994 (s 2 (2) and Gaz 1994 No S269)\nStatute Law Revision Act 1995 A1995-46 sch\nnotified 18 December 1995 (Gaz 1995 No S306)\ncommenced 18 December 1995 (s 2)\nLand Titles (Consequential Amendments) Act 1995 A1995-54 sch pt 1\nnotified 20 December 1995 (Gaz 1995 No S313)\ncommenced 20 June 1996 (s 2)\nRemuneration Tribunal (Consequential and Transitional Provisions)\nAct 1995 A1995-56 sch\nnotified 20 December 1995 (Gaz 1995 No S313)\nsch commenced 21 December 1995 (s 2 and see Gaz 1995 No S315)\nFinancial Management and Audit (Consequential and Transitional\nProvisions) Act 1996 A1996-26 sch pt 14\nnotified 1 July 1996 (Gaz 1996 No S130)\ncommenced 1 July 1996 (s 2)\nRemuneration Tribunal (Consequential Amendments) Act 1997\nA1997-41 sch 1 (as am by A2002-49 amdt 3.222)\nnotified 19 September 1997 (Gaz 1997 No S264)\ncommenced 24 September 1997 (s 2 as am by A2002-49 amdt 3.222)\nFinancial Institutions (Removal of Discrimination) Act 1997 A1997-88\nsch\nnotified 1 December 1997 (Gaz 1997 No S380)\ns 1, s 2 commenced 1 December 1997 (s 2 (1))\nsch commenced 31 December 1997 (s 2 (2) and Gaz 1997 No S442)\nLegal Practitioners (Consequential Amendments) Act 1997 A1997-96\nnotified 1 December 1997 (Gaz 1997 S380)\ns 1, s 2 commenced 1 December 1997 (s 2 (1))\nsch 1 commenced 1 June 1998 (s 2 (2))\nLegal Aid (Amendment) Act 1997 A1997-97\nnotified 5 December 1997 (Gaz 1997 No S392)\ncommenced 5 December 1997 (s 2)\n\nStatute Law Revision (Penalties) Act 1998 A1998-54 sch\nnotified 27 November 1998 (Gaz 1998 No S207)\ns 1, s 2 commenced 27 November 1998 (s 2 (1))\nsch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49)\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 218\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 218 commenced 12 September 2001 (s 2 and see Gaz 2001\nNo S65)\nStatute Law Amendment Act 2001 (No 2) 2001 No 56 pt 3.32\nnotified 5 September 2001 (Gaz 2001 No S65)\ncommenced 5 September 2001 (s 2 (1))\nStatute Law Amendment Act 2002 (No 2) A2002-49 amdt 3.222\nnotified LR 20 December 2002\ns 1, s 2 taken to have commenced 7 October 1994 (LA s 75 (2))\namdt 3.222 commenced 24 September 1997 (s 2 (3))\nNote This Act only amends the Remuneration Tribunal\n(Consequential Amendments) Act 1997 A1997-41 .\nStatute Law Amendment Act 2003 A2003-41 sch 3 pt 3.15\nnotified LR 11 September 2003\ns 1, s 2 commenced 11 September 2003 (LA s 75 (1))\nsch 3 pt 3.15 commenced 9 October 2003 (s 2 (1))\nCriminal Code (Theft, Fraud, Bribery and Related Offences)\nAmendment Act 2004 A2004-15 sch 2 pt 2.50\nnotified LR 26 March 2004\ns 1, s 2 commenced 26 March 2004 (LA s 75 (1))\nsch 2 pt 2.50 commenced 9 April 2004 (s 2 (1))\nCourt Procedures (Consequential Amendments) Act 2004 A2004-60\nsch 1 pt 1.35\nnotified LR 2 September 2004\ns 1, s 2 commenced 2 September 2004 (LA s 75 (1))\nsch 1 pt 1.35 commenced 10 January 2005 (s 2 and see Court\nProcedures Act 2004 A2004-59, s 2 and CN2004-29)\n\nLegal Aid Amendment Act 2005 A2005-12\nnotified LR 17 March 2005\ns 1, s 2 commenced 17 March 2005 (LA s 75 (1))\nremainder commenced 18 March 2005 (s 2)\nFinancial Management Legislation Amendment Act 2005 A2005-52\nsch 1 pt 1.12\nnotified LR 26 October 2005\ns 1, s 2 commenced 26 October 2005 (LA s 75 (1))\nsch 1 pt 1.12 commenced 1 January 2006 (s 2 (2))\nCivil Unions Act 2006 A2006-22 sch 1 pt 1.20\nnotified LR 19 May 2006\ns 1, s 2 commenced 19 May 2006 (LA s 75 (1))\nsch 1 pt 1.20 never commenced\nNote Act repealed by disallowance 14 June 2006 (see Cwlth\nGaz 2006 No S93)\nLegal Profession Act 2006 A2006-25 sch 2 pt 2.7\nnotified LR 21 June 2006\ns 1, s 2 commenced 21 June 2006 (LA s 75 (1))\nsch 2 pt 2.7 commenced 1 July 2006 (s 2)\nStatute Law Amendment Act 2007 A2007-3 sch 3 pt 3.58\nnotified LR 22 March 2007\ns 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))\nsch 3 pt 3.58 commenced 12 April 2007 (s 2 (1))\nStatute Law Amendment Act 2007 (No 2) A2007-16 sch 3 pt 3.22\nnotified LR 20 June 2007\ns 1, s 2 taken to have commenced 12 April 2007 (LA s 75 (2))\nsch 3 pt 3.22 commenced 11 July 2007 (s 2 (1))\nLegal Profession Amendment Act 2007 A2007-28 sch 1 pt 1.2\nnotified LR 28 September 2007\ns 1, s 2 commenced 28 September 2007 (LA s 75 (1))\nsch 1 pt 1.2 commenced 1 October 2007 (s 2)\nCivil Partnerships Act 2008 A2008-14 sch 1 pt 1.16\nnotified LR 15 May 2008\ns 1, s 2 commenced 15 May 2008 (LA s 75 (1))\nsch 1 pt 1.16 commenced 19 May 2008 (s 2 and CN2008-8)\n\nACT Civil and Administrative Tribunal Legislation Amendment\nAct 2008 (No 2) A2008-37 sch 1 pt 1.63\nnotified LR 4 September 2008\ns 1, s 2 commenced 4 September 2008 (LA s 75 (1))\nsch 1 pt 1.63 commenced 2 February 2009 (s 2 (1) and see ACT Civil\nand Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\nJustice and Community Safety Legislation Amendment Act 2009\n(No 2) A2009-19 pt 9\nnotified LR 1 September 2009\ns 1, s 2 commenced 1 September 2009 (LA s 75 (1))\npt 9 commenced 29 September 2009 (s 2)\nJustice and Community Safety Legislation Amendment Act 2010\n(No 2) A2010-30 sch 1 pt 1.14\nnotified LR 31 August 2010\ns 1, s 2 commenced 31 August 2010 (LA s 75 (1))\ns 3 commenced 1 September 2010 (s 2 (1))\nsch 1 pt 1.14 commenced 28 September 2010 (s 2 (2))\nTerritory Records Amendment Act 2010 A2010-48 sch 1\nnotified LR 25 November 2010\ns 1, s 2 commenced 25 November 2010 (LA s 75 (1))\nsch 1 commenced 26 November 2010 (s 2)\nLegal Aid Amendment Act 2011 A2011-5\nnotified LR 24 February 2011\ns 1, s 2 commenced 24 February 2011 (LA s 75 (1))\nremainder commenced 25 February 2011 (s 2)\nStatute Law Amendment Act 2011 (No 2) A2011-28 sch 3 pt 3.21\nnotified LR 31 August 2011\ns 1, s 2 commenced 31 August 2011 (LA s 75 (1))\nsch 3 pt 3.21 commenced 21 September 2011 (s 2 (1))\nStatute Law Amendment Act 2011 (No 3) A2011-52 sch 3 pt 3.33\nnotified LR 28 November 2011\ns 1, s 2 commenced 28 November 2011 (LA s 75 (1))\nsch 3 pt 3.33 commenced 12 December 2011 (s 2)\n\nBusiness Names Registration (Transition to Commonwealth)\nAct 2012 A2012-2 sch 2 pt 2.4\nnotified LR 28 February 2012\ns 1, s 2 commenced 28 February 2012 (LA s 75 (1))\nsch 2 pt 2.4 commenced 28 May 2012 (s 2 (2))\nJustice and Community Safety Legislation Amendment Act 2012\nA2012-13 sch 1 pt 1.7\nnotified LR 11 April 2012\ns 1, s 2 commenced 11 April 2012 (LA s 75 (1))\nsch 1 pt 1.7 commenced 12 April 2012 (s 2 (1))\nJustice and Community Safety Legislation Amendment Act 2013\n(No 2) A2013-11 sch 1 pt 1.5\nnotified LR 28 March 2013\ns 1, s 2 commenced 28 March 2013 (LA s 75 (1))\nsch 1 pt 1.5 commenced 4 April 2013 (s 2)\nCourts Legislation Amendment Act 2015 (No 2) A2015-52 pt 12\nnotified LR 26 November 2015\ns 1, s 2 commenced 26 November 2015 (LA s 75 (1))\npt 12 commenced 10 December 2015 (s 2 (2))\nDiscrimination Amendment Act 2016 A2016-49 sch 1 pt 1.3\nnotified LR 23 August 2016\ns 1, s 2 commenced 23 August 2016 (LA s 75 (1))\nsch 1 pt 1.3 commenced 24 August 2016 (s 2 (1))\nPublic Sector Management Amendment Act 2016 A2016-52 sch 1\npt 1.43\nnotified LR 25 August 2016\ns 1, s 2 commenced 25 August 2016 (LA s 75 (1))\nsch 1 pt 1.43 commenced 1 September 2016 (s 2)\nJustice and Community Safety Legislation Amendment Act 2017\n(No 2) A2017-14 pt 11\nnotified LR 17 May 2017\ns 1, s 2 commenced 17 May 2017 (LA s 75 (1))\npt 11 commenced 24 May 2017 (s 2 (1))\n\nStatute Law Amendment Act 2018 A2018-42 sch 3 pt 3.21\nnotified LR 8 November 2018\ns 1, s 2 taken to have commenced 1 July 2018 (LA s 75 (2))\nsch 3 pt 3.21 commenced 22 November 2018 (s 2 (1))\nJustice and Community Safety Legislation Amendment Act 2019\nA2019-17 pt 9\nnotified LR 14 June 2019\ns 1, s 2 commenced 14 June 2019 (LA s 75 (1))\npt 9 commenced 21 June 2019 (s 2)\nStatute Law Amendment Act 2019 A2019-42 sch 3 pt 3.16\nnotified LR 31 October 2019\ns 1, s 2 commenced 31 October 2019 (LA s 75 (1))\nsch 3 pt 3.16 commenced 14 November 2019 (s 2 (1))\nJustice and Community Safety Legislation Amendment Act 2021\n(No 2) A2021-33 pt 13\nnotified LR 10 December 2021\ns 1, s 2 commenced 10 December 2021 (LA s 75 (1))\npt 13 commenced 17 December 2021 (s 2 (1))\nStatute Law Amendment Act 2025 A2025-29 sch 4 pt 4.111\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 4 pt 4.111 commenced 26 December 2025 (s 2 (7))\n\nName of Act\ns 1 sub A2007-3 amdt 3.318\ns 2 om A2001-44 amdt 1.2614\nins A2007-3 amdt 3.322\nNotes\ns 3 om A2001-44 amdt 1.2614\nins A2007-3 amdt 3.322\nAdministration\ns 4 om Ord1978-46 sch 2\nInterpretation for Act\ns 5 am Ord1978-29 s 3; A1997-97 s 4\ndefs reloc to dict A2007-3 amdt 3.321\nom A2007-3 amdt 3.322\ndef approved auditor am Ord1978-29 s 3; Ord1989-38 sch 1\ndef assistant director om Ord1984-55 sch (as am by\nOrd1985-1 s 4)\ndef commencing day om A2007-3 amdt 3.319\ndef Commonwealth legal aid commission om Ord1982-84\ns 4\ndef director om Ord1984-55 sch (as am by Ord1985-1 s 4)\ndef legal aid committee om A2005-12 s 4\ndef member of a legal aid committee am Ord1984-55 sch\n(as am by Ord1985-1 s 4)\nom A2005-12 s 4\ndef previous committee om A1997-97 sch\ndef previous fund om A1997-97 sch\ndef remuneration tribunal om A1997-41 sch 1\ndef repealed Act om A1997-97 sch\ndef Territory matter ins A1997-97 s 4\nom A2007-3 amdt 3.320\nEstablishment and functions of legal aid commission\npt 2 hdg am A1997-97 sch\nEstablishment of commission\ns 6 am A2007-16 amdt 3.75, amdt 3.76\n\nConstitution of commission\ns 7 am Ord1982-84 s 5; Ord1984-55 sch (as am by Ord1985-1\ns 4); Ord1986-63 s 3; Ord1988-17 sch 2; Ord1989-38 sch 1\nmod SL1990-1 reg 2\nam A1992-53 s 4; A1997-97 sch; pars renum R7 LA;\nA2005-12 s 5, s 7; pars renum R11 LA (see A2005-12 s 6);\nA2007-16 amdt 3.77, amdt 3.102, amdt 3.105\nom A2009-19 s 34\nFunctions of commission\ns 8 am A1997-97 s 5; A2007-16 amdt 3.78\nFunding agreements—application of Act\ns 8A ins A1997-97 s 6; A2007-16 amdt 3.79\nPowers of commission\ns 9 am A1994-76 sch; A1997-97 sch; A2001-56 amdt 3.442;\nA2006-25 amdt 2.11; A2007-16 amdts 3.80-3.82; ss renum\nR16 LA; A2009-19 s 35\nDuties of commission\ns 10 am Ord1982-84 s 6; Ord1988-17 sch 2; Ord1989-38 sch 1;\nA1992-23 sch 1; A1997-97 s 7, sch; pars renum R7 LA;\nA2006-22 amdt 1.71 (A2006-22 rep before commenced by\ndisallowance (see Cwlth Gaz 2006 No S93)); A2007-16\namdt 3.102, amdt 3.105; A2008-14 amdt 1.41\nGuidelines for allocation of work\ns 11 am A1997-96 sch 1; A2007-16 amdt 3.105; A2019-42\namdt 3.24\nGuidelines for provision of assistance\ns 12 am A1997-97 s 8; A2005-12 s 8; pars renum R11 LA (see\nA2005-12 s 9)\nProfessional conduct by officers of commission\ns 13 am Ord1984-55 sch (as am by Ord1985-1 s 4); A1992-53 s 5;\nA2005-12 s 10; A2007-16 amdt 3.103, amdt 3.104; A2019-42\namdts 3.25-3.28\nBoard of commission\npt 3 hdg om A2005-12 s 11\nEstablishment of board of commission\ns 14 om A2005-12 s 11\n\nFunctions of board\ns 15 am Ord1984-55 sch (as am by Ord1985-1 s 4); A1997-96\nom A2005-12 s 11\nConstitution of board\ns 16 om A2005-12 s 11\nam A2015-52 s 40, s 41; A2018-42 amdt 3.70\nChief executive officer and assistant executive officers\ns 17 sub Ord1984-55 s 4\nam A2007-16 amdt 3.83, amdt 3.102\nQualifications for appointment\ns 18 am A1997-96 sch 1; A2006-25 amdt 2.12; A2019-42\namdt 3.29\nDuties of assistant executive officers\ns 19 sub Ord1984-55 s 4; A2007-16 amdt 3.84\nStatutory officers of the commission to give reports\ns 19A ins Ord1982-84 s 7\nsub Ord1984-55 s 4; A2007-16 amdt 3.85\nStatutory officers of the commission to follow directions\ns 19B ins Ord1982-84 s 7\nsub Ord1984-55 s 4; A2007-16 amdt 3.85\nStaff of commission\ns 20 am A1997-97 sch; A2007-16 amdt 3.101, amdt 3.105\nDelegation\ns 21 am Ord1984-55 sch (as am by Ord1985-1 s 4)\nsub A2007-16 amdt 3.86\nRights of officers of commission in relation to legal practice\ns 22 am Ord1984-55 sch (as am by Ord1985-1 s 4); A1994-76 sch;\nA1997-96 sch 1; A1997-97 sch; A2005-12 s 12; ss renum\nR11 LA (see A2005-12 s 13); A2006-25 amdt 2.13; A2007-16\namdts 3.101-3.103; A2011-5 s 4; A2019-42 amdts 3.30-3.34\nLegal practitioner on record\ns 23 am Ord1984-55 sch (as am by Ord1985-1 s 4); A1997-96\nsch 1; A2005-12 s 14\nBringing services of commission to public notice\ns 24 am A2007-16 amdt 3.100, amdt 3.102, amdt 3.105; A2019-42\namdt 3.35\n\nApplication for legal assistance\ns 25 am A2001-44 amdt 1.2615, amdt 1.2616; A2005-12 s 15;\nss renum R11 LA (see A2005-12 s 16); A2007-16\namdt 3.105; A2025-29 amdt 4.111\nDeciding applications for legal assistance\ns 26 am Ord1984-55 sch (as am by Ord1985-1 s 4); A1992-53 s 6\nsub A2005-12 s 17\nEnding or changing legal assistance\ns 27 am Ord1984-55 sch (as am by Ord1985-1 s 4)\nsub A2005-12 s 17\nCircumstances in which legal assistance may be provided\ns 28 am Ord1988-41 s 3; A2005-12 s 18; ss renum R11 LA (see\nA2005-12 s 19); A2019-42 amdt 3.36\nLegal assistance under the convention\ns 28A ins Ord1988-41 s 4\nam A2005-12 s 20\nLegal assistance—interests adverse to Territory\ns 29 am Ord1989-38 s 26\nMinor legal assistance\ns 30A ins A2005-12 s 21\nContribution towards costs and expenses\ns 31 am A1992-53 s 7; ss renum R7 LA; A2011-5 ss 5-7; A2019-42\namdt 3.37\nSecurity for payment of contribution\ns 31A ins A1992-53 s 8\nam A1993-64 sch 1; A1993-90 sch; A1995-54 sch; A2005-12\ns 22; A2007-3 amdt 3.323; A2019-42 amdt 3.38\nArranging for services of private legal practitioners\ns 31B ins A2009-19 s 37\nam A2019-17 s 23, s 24\nFees for services of private legal practitioners\ns 31C ins A2009-19 s 37\nRecord of services provided by private legal practitioners\ns 31D ins A2009-19 s 37\nPanels of private legal practitioners\ns 31E ins A2009-19 s 37\nCompliance audits\ns 31F ins A2009-19 s 37\n\nNotice to practitioner about proposed decision\ns 32 am Ord1984-55 sch (as am by Ord1985-1 s 4); A1997-97 s 9;\nA2005-12 s 23, s 24; ss renum R11 LA (see A2005-12 s 25);\nA2007-16 amdt 3.105\nsub A2009-19 s 37\nPayments to private legal practitioners\ns 32AA ins A2005-12 s 26\nam A2009-19 s 38, s 39; ss renum R20 LA; A2011-28\namdt 3.140\nProhibition of additional payments to private practitioners\ns 32A ins Ord1980-15 s 4\nam A2019-42 amdt 3.39, amdt 3.40\nEntitlement of legally assisted people to costs in proceedings\ns 33 hdg am A2007-16 amdt 3.105\ns 33 am Ord1982-84 s 8; Ord1984-55 sch (as am by Ord1985-1\ns 4); A1992-53 s 9; ss renum R7 LA; A2007-16 amdt 3.87;\nA2011-52 amdt 3.119; A2019-42 amdt 3.41, amdt 3.42\nPayment by commission of costs awarded against legally assisted people\ns 34 hdg am A2007-16 amdt 3.105\ns 34 am A2005-12 s 27, s 28\nNotification of decisions\ns 35 am Ord1982-84 s 9; A2005-12 s 29\nDispute resolution\npt 5A hdg ins A2009-19 s 40\nDefinitions—pt 5A\ns 35A ins A2009-19 s 40\ndef approved negotiation ins A2009-19 s 40\ndef convenor ins A2009-19 s 40\ndef negotiation session ins A2009-19 s 40\nPower of commission to provide approved negotiation\ns 35B ins A2009-19 s 40\nsub A2019-17 s 25\nExpenses of dispute resolution\ns 35C ins A2009-19 s 40\nam A2011-52 amdt 3.120\nConfidentiality of negotiation\ns 35D ins A2009-19 s 40\nAdmissibility of evidence\ns 35E ins A2009-19 s 40\n\nProtection of convenor from liability\ns 35F ins A2009-19 s 40\nReconsideration of decision\ns 36 am Ord1982-84 s 10; Ord1984-55 sch (as am by Ord1985-1\ns 4); A1992-53 s 10; ss and pars renum R7 LA; A2005-12\ns 30, s 31; pars renum R11 LA (see A2005-12 s 32); A2007-3\namdt 3.324; A2019-42 amdt 3.43\nEstablishment and constitution of review committees\ns 37 am Ord1982-84 s 11; Ord1988-17 sch 2; A1992-53 s 11;\nA1997-97 sch; A2007-16 amdt 3.102, amdt 3.105; A2013-11\namdt 1.7, amdt 1.8; A2017-14 s 27\nsub A2019-17 s 26\nAppointment of members of review committees\ns 38 am Ord1982-84 s 12; Ord1984-55 sch (as am by Ord1985-1\ns 4); Ord1988-17 sch 2\nom A1992-53 s 12\nFunction of review committee\ns 39 am Ord1982-84 s 13\nChief executive officer and person requesting review to have opportunity to\nbe heard\ns 39A ins Ord1978-29 s 4\nam Ord1982-84 s 14; Ord1984-55 s 6\nPower of review committees to obtain information and documents\ns 39B ins Ord1982-84 s 15\nam Ord1984-55 sch (as am by Ord1985-1 s 4); A2019-42\namdt 3.44, amdt 3.45\nDecision of review committee\ns 40 am Ord1982-84 s 16; A2005-12 s 33\nCessation of committee\ns 40A ins A1992-53 s 13\nEstablishment of fund\ns 41 am Ord1978-29 s 5; Ord1989-38 sch 1\nBanking accounts\ns 42 am Ord1978-29 s 6; Ord1989-38 sch 1; A1997-88 sch;\nss renum R7 LA\nApplication of fund\ns 43 am Ord1978-29 s 7; A1997-97 s 10; A2001-56 amdt 3.442;\nss renum R7 LA; A2007-3 amdt 3.325\nLimitation on contracts\ns 44 am Ord1988-17 sch 2; A1992-53 s 14\n\nEstimates of expenditure\ns 45 am Ord1988-17 sch 2\nAudit\ns 47 am Ord1988-17 sch 2\nsub A1990-25 s 12; A1996-26 sch pt 14\nam A2007-3 amdt 3.326; A2019-42 amdt 3.46, amdt 3.47\nTerm of office\ns 48 am Ord1984-55 sch (as am by Ord1985-1 s 4); Ord1986-63\ns 4; Ord1989-38 sch 1; A1992-53 s 15\nsub A2007-16 amdt 3.88\nCommissioners\ndiv 8.1 hdg (prev pt 8 div 1 hdg) renum R7 LA\nRemuneration and allowances\ns 49 am Ord1984-55 sch (as am by Ord1985-1 s 4)\nom A1997-41 sch 1\nQualifications for appointment\ns 50 am Ord1982-84 s 17; Ord1984-55 sch (as am by Ord1985-1\ns 4); Ord1989-38 sch 1; A1997-96 sch 1; A2009-19 s 41,\ns 42; A2019-42 amdt 3.48\ns 51 am Ord1984-55 sch (as am by Ord1985-1 s 4); Ord1988-17\nsch 2; A2019-42 amdt 3.49\ns 52 am Ord1984-55 sch (as am by Ord1985-1 s 4); Ord1986-63\ns 5; Ord1988-17 sch 2; Ord1989-38 sch 1; A2007-16 amdt\n3.89; A2010-30 amdt 1.36; A2019-42 amdts 3.50-3.54; ss\nrenum R36 LA\nActing president of commission\ns 53 am Ord1984-55 s 6A, sch (as am by Ord1985-1 s 2, s 4);\nOrd1988-17 sch 2; A2005-12 s 34\nMeetings\ns 54 am Ord1984-55 sch (as am by Ord1985-1 s 4); A1992-53\ns 16; A1997-97 sch; A2005-12 s 35; A2007-16 amdt 3.102\nInterests to be disclosed\ns 55 am Ord1984-55 sch (as am by Ord1985-1 s 4); A2005-12\ns 36; A2007-16 amdt 3.105; A2019-42 amdt 3.55, amdt 3.56\nOfficers of commission\ndiv 8.2 hdg (prev pt 8 div 2 hdg) renum R7 LA\n\nTerm of appointment of statutory officers\ns 56 am Ord1984-55 sch (as am by Ord1985-1 s 4); Ord1988-17\nsch 2; A1997-97 s 11\nsub A2007-16 amdt 3.90\nConditions of appointment\ns 57 om A1995-56 sch\nins A2007-16 amdt 3.90\nLeave of absence\ns 58 sub A1992-53 s 17\nam A2007-16 amdt 3.91\nsub A2009-19 s 43\ns 59 am Ord1984-55 sch (as am by Ord1985-1 s 4); A2019-42\namdt 3.57\ns 60 am Ord1984-55 s 7, sch (as am by Ord1985-1 s 2, s 4);\nOrd1989-38 sch 1; A1994-60 sch 1; A2007-16 amdt 3.92;\nA2008-37 amdt 1.288; A2010-30 amdt 1.37; A2019-42\namdt 3.58\nReview of decision to remove from office\ns 60A ins Ord1989-38 sch 1\nam A1994-60 sch 1\nsub A2008-37 amdt 1.289\nOutside employment\ns 61 am A1997-96 sch 1; A2007-16 amdt 3.100, amdt 3.102;\nA2019-42 amdt 3.59\nDelegation of commission’s power to appoint\ns 62 am A1992-53 s 18; ss renum R7 LA\nsub A2005-12 s 37\nam A2007-16 amdt 3.93\nom A2009-19 s 44\nElection to be employed by commission\ns 63 om A1997-97 sch\nRate of remuneration\ns 64 am Ord1984-55 sch (as am by Ord1985-1 s 4); Ord1989-38\nPrior service to be reckoned as employment with the commission\ns 65 om A1997-97 sch\n\nAccrued recreation leave\ns 66 om A1997-97 sch\nSpecial conditions of employment\ns 67 om A1997-97 sch\nConditions of employment of staff\ns 68 am Ord1989-38 sch 1\nsub A2003-41 amdt 3.312\nam A2016-52 amdt 1.114\nPersonnel management\ns 68A ins A1992-13 s 3\nsub A2003-41 amdt 3.313\nam A2007-16 amdt 3.100; A2009-19 s 45; A2011-28\namdt 3.141; A2016-49 amdt 1.20; A2016-52 amdt 1.114;\nA2017-14 s 28\nApplication of merit principle to re-engagements of statutory officers\ns 68B ins A2012-13 amdt 1.39\nApplication of Legal Profession Act to commission etc\ns 69 am Ord1980-15 s 5; A1994-76 sch\nsub A1997-97 s 12; A2006-25 amdt 2.14\nam A2007-28 amdt 1.2\nRecords management—legal services records\ndiv 8.3 hdg ins A2010-48 amdt 1.1\nDefinitions—div 8.3\ns 69A ins A2010-48 amdt 1.1\ndef approved records management program ins A2010-48\namdt 1.1\ndef director of territory records ins A2010-48 amdt 1.1\ndef legal services record ins A2010-48 amdt 1.1\ndef records management ins A2010-48 amdt 1.1\nRecords management—legal services records\ns 69B ins A2010-48 amdt 1.1\nApproval of records management program\ns 69C ins A2010-48 amdt 1.1\nAdministrative provisions relating to legal aid committees\npt 9 hdg om A2005-12 s 38\nTenure of office\ns 70 am Ord1984-55 sch (as am by Ord1985-1 s 4)\n\nSenior member etc of committee\ns 71 am Ord1984-55 s 7A, sch (as am by Ord1985-1 s 2, s 4)\ns 72 am Ord1984-55 sch (as am by Ord1985-1 s 4)\ns 73 am Ord1984-55 sch (as am by Ord1985-1 s 4)\nMeetings of committee\ns 74 am Ord1984-55 sch (as am by Ord1985-1 s 4)\nInterests to be disclosed e\ns 75 om A2005-12 s 38\nMembership of panel\ns 76 am Ord1982-84 s 18\nResignation from panel\ns 77 am Ord1982-84 s 19; Ord1988-17 sch 2\nRemoval from panel\ns 78 am Ord1982-84 s 20; Ord1988-17 sch 2\nam A2007-16 amdt 3.94; A2010-30 amdt 1.38; A2019-42\namdt 3.60, amdt 3.61\nAllowances\ns 79 am A2007-16 amdt 3.100, amdt 3.102\nMeetings of review committee\ns 80 am Ord1984-55 sch (as am by Ord1985-1 s 4); A1992-53\ns 20; A2007-16 amdt 3.102; A2019-17 s 27\nInterests to be disclosed\ns 81 am A2007-16 amdt 3.105; A2019-42 amdt 3.62, amdt 3.63\nEstablishment of consultative committees\ns 82 am Ord1988-17 sch 2; A1997-97 sch; A2007-16 amdt 3.101,\namdt 3.102, amdt 3.105; A2019-17 s 27; A2019-42 amdt 3.64\nConstitution of consultative committees\ns 83 am Ord1988-17 sch 2; A1997-97 sch; A2007-16 amdt 3.95,\namdt 3.101, amdt 3.105\n\nGeneral provisions relating to consultative committees\ns 84 am A2007-16 amdt 3.100, amdt 3.102\nInquiry relating to affairs of commission\npt 11A renum as pt 12 hdg\nInquiry relating to affairs of commission\npt 12 hdg orig pt 12 hdg\npres pt 12 hdg\n(prev pt 11A hdg) ins Ord1984-3 s 3\nrenum as pt 12 hdg A2007-3 amdt 3.327\nDefinitions for pt 12\ns 84A ins Ord1984-3 s 3\ndef assistant ins Ord1984-3 s 3\ndef inquiry ins Ord1984-3 s 3\ndef prescribed matter ins Ord1984-3 s 3\nsub A2007-16 amdt 3.96\ndef prescribed person ins Ord1984-3 s 3\nAppointment of person to conduct inquiry\ns 84B ins Ord1984-3 s 3\nam Ord1988-17 sch 2; A2011-28 amdt 3.142, amdt 3.143\nAssistants\ns 84C ins Ord1984-3 s 3\nam Ord1988-17 sch 2; A2007-16 amdt 3.105\nAccess to documents etc\ns 84D ins Ord1984-3 s 3\nam A1998-54 sch; A2019-42 amdt 3.65, amdt 3.66\nProfessional privilege\ns 84E ins Ord1984-3 s 3\nam A2007-16 amdt 3.104; A2019-42 amdt 3.67\nAppointments for particular inquiry\ns 84F ins Ord1984-3 s 3\nam Ord1988-17 sch 2\nTransfer of rights and liabilities\ns 85 om A1997-97 sch\nTransfer of moneys\ns 86 om A1997-97 sch\nContracts\ns 87 om A1997-97 sch\n\nPrevious Committee to continue for certain purposes\ns 88 om A1997-97 sch\nPrevious applications for legal aid\ns 89 om A1997-97 sch\nDelegation by commission\ns 90 om Ord1984-55 sch (as am by Ord1985-1 s 4)\nins A2009-19 s 46\nPayment for legal assistance provided before commencing day\ns 90A ins Ord1978-29 s 8\nam A1997-96 sch 1\nLiabilities of commission and Territory\ns 91 am Ord1989-38 s 27, sch 1; A2005-12 s 39; A2007-16\namdt 3.97, amdt 3.98; A2019-42 amdt 3.68, amdt 3.69\nGrants to voluntary legal assistance organisations\ns 91A ins Ord1978-29 s 9\nam Ord1989-38 sch 1\nReview of decision to remove statutory officer of commission from office\ns 91B ins Ord1985-1 s 7B (as am by Ord1985-1 s 2)\nom Ord1989-38 sch 1\nSecrecy\ns 92 am Ord1982-84 s 21; Ord1984-3 s 4; A1992-53 s 21;\nA1994-81 sch; ss renum R7 LA; A2005-12 s 40; A2007-3\namdt 3.328, amdt 3.329; A2007-16 amdt 3.102; A2013-11\namdt 1.9, amdt 1.10; A2019-42 amdts 3.70-3.72\nExceptions to secrecy provisions\ns 92AA ins A1992-53 s 22\nam A1994-76 sch; A2006-25 amdt 2.15; A2008-37 amdt 1.290\nsub A2021-33 s 22\nPower of commission to obtain information or documents\ns 92A ins Ord1982-84 s 22\nam A2019-42 amdt 3.73, amdt 3.74\nExemption from fees and taxes\ns 93 am Ord1982-84 s 23\nCommission to operate as Legal Aid ACT\ns 94 hdg sub A2009-19 s 47\ns 94 am Ord1978-29 s 10; A1997-97 sch; A2007-16 amdt 3.101;\nA2009-19 s 48; A2012-2 amdt 2.6\nApplication of Financial Management Act to commission\ns 94A ins A2005-52 amdt 1.149\n\nFalse or misleading statements\ns 95 am Ord1984-55 sch (as am by Ord1985-1 s 4); A1994-81 sch;\nA2004-15 amdt 2.109, amdt 2.110; ss renum R9 LA (see\nA2004-15 amdt 2.111); A2005-12 s 41\nInterest on amounts due to commission\ns 95A ins A1992-53 s 23\nam A1995-46 sch; A2004-60 amdt 1.171\nCertificate as to amounts owing to commission\ns 96 am Ord1984-55 sch (as am by Ord1985-1 s 4); A2005-12 s 42\nAnnual report and financial statements\ns 97 am Ord1978-29 s 11; Ord1982-84 s 24; Ord1988-17 sch 2;\nOrd1989-38 sch 1\nom A1990-25 s 13\nSuperannuation\ns 98 am A1997-97 s 13\nsub A2007-3 amdt 3.330; A2009-19 s 49\nApproved forms\ns 99 am Ord1988-17 sch 2; Ord1989-38 sch 1\nsub A2001-44 amdt 1.2617\nam A2007-16 amdt 3.99; A2011-28 amdt 3.144; A2025-29\namdt 4.111\nRegulation-making power\ns 100 ins A2001-44 amdt 1.2617\nTransitional—Justice and Community Safety Legislation Amendment\nAct 2009 (No 2)\npt 14 hdg ins A2005-12 s 43\nexp 18 March 2006 (s 101 (3))\nins A2009-19 s 50\nContinuation of appointments\ns 101 ins A2005-12 s 43\nexp 18 March 2006 (s 101 (3) (LA s 88 declaration applies))\nins A2009-19 s 50\nExpiry—pt 14\ns 102 ins A2011-28 amdt 3.145\n\ndict ins A2007-3 amdt 3.331\nam A2008-37 amdt 1.291; A2009-19 s 51; A2010-30\namdt 1.39; A2013-11 amdt 1.11; A2016-52 amdt 1.115;\nA2017-14 s 29\ndef approved negotiation ins A2011-28 amdt 3.146\ndef approved records management program ins A2010-48\namdt 1.2\ndef assistant ins A2007-3 amdt 3.331\ndef assistant executive officer ins Ord1984-55 sch (as am\nby Ord1985-1 s 4)\ndef Australian legal practitioner A2013-11 amdt 1.12\ndef bar association reloc from s 5 A2007-3 amdt 3.321\ndef board ins A2009-19 s 52\ndef chief executive officer ins Ord1984-55 sch (as am by\nOrd1985-1 s 4)\ndef commission reloc from s 5 A2007-3 amdt 3.321\ndef commissioner am Ord1984-55 sch (as am by Ord1985-1\ns 4)\nsub A2009-19 s 53\ndef consultative committee reloc from s 5 A2007-3\ndef convener ins A2011-28 amdt 3.146\ndef director of territory records ins A2010-48 amdt 1.2\ndef duty lawyer services am A1997-96 sch 1\ndef fund reloc from s 5 A2007-3 amdt 3.321\ndef funding agreement ins A1997-97 s 4\ndef inquiry ins A2007-3 amdt 3.331\ndef judge reloc from s 5 A2007-3 amdt 3.321\ndef law society reloc from s 5 A2007-3 amdt 3.321\ndef legal aid commission reloc from s 5 A2007-3 amdt 3.321\ndef legal assistance ins A2007-3 amdt 3.331\ndef legally assisted person reloc from s 5 A2007-3\ndef legal services record ins A2010-48 amdt 1.2\ndef member of a review committee reloc from s 5 A2007-3\ndef member of the staff of the commission am A1997-97\nsch\ndef negotiation session ins A2011-28 amdt 3.146\n\ndef officer of the commission reloc from s 5 A2007-3\ndef practising certificate sub A2006-25 amdt 2.8\nsub A2007-28 amdt 1.3\ndef prescribed matter ins A2007-3 amdt 3.331\ndef prescribed person ins A2007-3 amdt 3.331\ndef private legal practitioner reloc from s 5 A2007-3\nsub A2011-5 s 8; A2013-11 amdt 1.13\ndef produce reloc from s 5 A2007-3 amdt 3.321\ndef records management ins A2010-48 amdt 1.2\ndef review committee reloc from s 5 A2007-3 amdt 3.321\ndef statutory interest account am A1994-76 sch\nsub A2006-25 amdt 2.9\ndef statutory officer of the commission sub Ord1984-55 sch\n(as am by Ord1985-1 s 4)\ndef tribunal reloc from s 5 A2007-3 amdt 3.321\ndef unrestricted practising certificate sub A2006-25\namdt 2.10\n\nEarlier republications 5\n","sortOrder":116},{"sectionNumber":"5","sectionType":"section","heading":"Earlier republications","content":"5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication No Amendments to Republication date\n1 A1992-53 18 September 1992\n2 A1993-90 31 January 1994\n3 A1994-81 28 February 1995\n4 A1996-26 1 July 1996\n5 A1996-26 30 November 1996\n6 A1997-97 31 December 1997\n7 A2001-56 18 February 2002\n7 (RI) A2001-56 ‡ 11 February 2003\n8 A2003-41 9 October 2003\n9 A2004-15 9 April 2004\n10 A2004-60 10 January 2005\n11* A2005-12 18 March 2005\n12 A2005-52 1 January 2006\n13 A2005-52 19 March 2006\n14 A2006-25 1 July 2006\n15 A2007-3 12 April 2007\n16 A2007-16 11 July 2007\n17 A2007-28 1 October 2007\n18 A2008-14 19 May 2008\n19 A2008-37 2 February 2009\n20* A2009-19 29 September 2009\n21 A2010-30 28 September 2010\n\n6 Expired transitional or validating provisions\nRepublication No Amendments to Republication date\n22 A2010-48 26 November 2010\n23 A2011-5 25 February 2011\n24 A2011-28 21 September 2011\n25 A2011-52 12 December 2011\n26 A2012-13 12 April 2012\n27 A2012-13 28 May 2012\n28 A2012-13 30 September 2012\n29 A2013-11 4 April 2013\n30 A2015-52 10 December 2015\n31 A2016-49 24 August 2016\n32 A2016-52 1 September 2016\n33 A2017-14 24 May 2017\n34 A2018-42 22 November 2018\n35 A2019-17 21 June 2019\n36 A2019-42 14 November 2019\n37 A2021-33 17 December 2021\n‡ includes retrospective amendments by A2002-49\n6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.","sortOrder":117}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act as republished shows an expanded and more detailed administrative and operational scope compared with earlier iterations. Notable scope extensions include: the insertion of a funding‑agreement regime allowing the Minister to require the commission to apply inter‑jurisdictional funding agreements and to limit the application of particular Act provisions to those agreements (s 8(3), s 8A) (inserted A1997‑97 per amendment history); the creation of a discrete dispute resolution power and protections for approved negotiation processes (pt 5A, s 35A–35F) (inserted A2009‑19); and the formal establishment of panels and a detailed regime for engaging, auditing and remunerating private practitioners (s 31B–31F) (inserted A2009‑19 and subsequently amended). The republished text also records amendments that add procedures for records management (div 8.3, s 69B–69C) and more detailed secrecy exceptions and authorised disclosure pathways (s 92AA) (amended A2021‑33), showing an ongoing broadening of operational tools and data‑sharing permissions. These additions change how the commission interacts with other jurisdictions, with private practitioners and with data governance, compared with the Act’s original, more compact framework (see amendment history entries in the endnotes for insertion dates cited above)."},"complexity_factors":["Extensive cross‑references to other Acts and external instruments (e.g. Legal Profession Act 2006, Trustee Act 1925, Financial Management Act 1996) creating legal interaction and layered obligations (see s 9(4)–(6), s 22(10), s 94A).","Multiple decision layers and actors: board (policy), chief executive officer (operational), authorised officers (decisions), review committees (appeal), Ministerial directions (s 15, s 17, s 26, pt 6, s 8(3)).","Financial architecture with ring‑fenced fund rules, appropriation, recoveries, investment rules and Ministerial controls on contracts and estimates (s 41–45).","Detailed practitioner regime: panels, fee‑setting with a statutory objective to be below ordinary cost, audit powers, invoice and payment mechanics, and a prohibition on additional payments to practitioners (s 31B–31F, s 31C, s 32AA, s 32A).","Enforcement mechanisms that use property law (charges on land, power of sale) combined with procedural safeguards and timeframes (s 31A(1), (6)–(9)).","Confidentiality regime with high secrecy protections and a complex set of exceptions and authorised disclosure pathways (s 13, s 92, s 92AA).","Record‑keeping and records management obligations for legal services records requiring an approved program and coordination with Territory records director (s 69B–69C).","Numerous discretions for the commission (eligibility, contribution amounts, panel membership, audits) which require interpretive guidance and create administrative burden (s 12, s 26(4)–(6), s 31(1)–(2), s 31E)."],"plain_english_summary":"What this law does (mechanics)\n\n- Creates the Legal Aid Commission (A.C.T.) as a corporate body with a board, a chief executive officer and staff, and gives it power to provide legal assistance in ACT matters (s 6, s 8, s 14–17).\n- Legal assistance can be provided by the commission’s own officers or by arranging for private legal practitioners to act, with the commission meeting fees, disbursements and out‑of‑pocket expenses in the manner set out (s 8(2), s 9).\n- The commission controls a legal aid fund made up of appropriations, recoveries and other specified receipts, and must apply the fund to commission liabilities and remuneration; the commission prepares budgets and its expenditure is subject to Ministerial approval and financial rules (s 41–45, s 43(1)–(2), s 45).\n- The commission makes public guidelines on who is eligible and on the nature and extent of assistance (s 11–12). Applications and decisions are handled by the chief executive officer or authorised officers, except where the commission itself must decide (s 25–26).\n- Eligibility is limited to people who cannot afford private legal services and where it is reasonable to provide assistance; certain services (legal advice, duty lawyer services and minor legal assistance) are treated differently and may be free or subject to modest charges (s 28, s 30–30A).\n- The commission can require contributors from legally assisted people, secure contributions against land, recover debts, and require assignment of recovery rights; it can also pay costs awarded against legally assisted people in defined circumstances (s 31–31A, s 33–34).\n- When the commission uses private practitioners it does so through panels and listed practitioners, sets fees (intended to be fixed where practicable and to be below ordinary professional cost), requires invoices and may audit compliance; private practitioners are prohibited from seeking additional payments from legally assisted people beyond what the Act permits (s 31B–31F, s 31C, s 32AA, s 32A).\n- The Act sets up internal review and appeal processes (reconsideration by the commission or review by review committees) for many decisions about assistance, charges and recoveries (pt 6, s 36–40).\n- It establishes confidentiality rules protecting client–solicitor communications and commission records, with specific exceptions and disclosure pathways (e.g. national agreements, authorised research and subpoenas) subject to authorised procedures (s 13, s 92, s 92AA).\n- The commission may provide dispute resolution programs (approved negotiation) with confidentiality and inadmissibility protections for negotiation sessions (pt 5A, s 35A–35F).\n\nWho pays and who decides (practical allocation of costs and authority)\n\n- Primary payers for the commission’s activities are: the Legislative Assembly by appropriation (s 41(2)(c)), money recovered by the commission from legally assisted people or their recoveries (s 41(2)(a), s 33), and statutory interest account transfers where applicable (s 41(2)(b)).\n- A legally assisted person may be required to contribute to costs or expenses, pay out‑of‑pocket expenses, have amounts secured against land, or assign recovery rights to the commission (s 31(1), s 31A, s 33(5)).\n- The Minister can direct the commission to apply a funding agreement with another jurisdiction; when such a direction is in force, some parts of the Act apply only to the extent they are consistent with the funding agreement (s 8(3), s 8A).\n- Decision‑makers: the commission (board) sets broad policy (s 15), the chief executive officer and authorised officers decide individual applications (s 26), and review committees hear appeals (pt 6, s 36–40). The Minister has specified oversight powers (e.g. approval of certain contracts and presentation of directions under funding agreements) (s 8(3), s 44, s 45).\n\nOfficial purpose claims and how the Act implements them\n\n- The Act's stated operational objectives include providing legal assistance to those who cannot afford private services, delivering assistance efficiently and economically, maintaining private profession independence, and using private profession voluntary services where appropriate (s 8, s 10(1)(a)–(g)).\n- Implementation mechanisms that follow from those objectives include means/merit‑based eligibility guidelines (s 12, s 28(1)–(4)), allocation rules between commission officers and private practitioners (s 11, s 26(6)(a)), fee setting and panel arrangements for private practitioners (s 31C, s 31E), and budget controls and reporting (s 41–47).\n\nTesting those purpose‑claims against implementation trade‑offs and incentives (mechanisms, not judgments)\n\n- Who bears cost vs. who benefits: the public appropriation funds the commission's operations (s 41(2)(c)); legally assisted people may be required to repay or contribute, with the commission able to secure such amounts (s 31, s 31A, s 33). That creates a mechanism to recover some costs from beneficiaries when recoveries are available.\n- Effect on private practice economics: the commission is required, where practicable, to set fixed fees and to pay less than ordinary professional costs (s 31C(1)(a)–(b)). Mechanically, that reduces payments to private practitioners relative to ordinary market charges and is paired with panel selection, reporting and compliance requirements (s 31E(4)–(7), s 31E(6)). The Act requires consultation with the law society and bar when setting fees (s 31C(2)).\n- Client choice vs administrative control: the commission must take account of the legally assisted person’s preference when selecting a listed practitioner (s 31B(2)), but selection is limited to practitioners on commission panels (s 31B(1), s 31E(1)). The mechanism therefore channels most commission‑funded work through approved panels while still requiring the commission to consider client preference.\n- Recovery and security mechanisms: the commission can register a charge against land and ultimately exercise a power of sale subject to procedural steps (s 31A(1), (6)–(7)). That provides a concrete enforcement path to recover contributions but requires notification and minimum waiting periods before sale (s 31A(7)).\n- Administrative discretion and oversight: many powers are discretionary (fees, panels, auditing, whether assistance is reasonable, whether to pay costs awarded against a legally assisted person), and the Minister and commission have roles in setting directions and limits (s 8A, s 31C, s 31E, s 34). Those discretions concentrate decision authority in the commission and (in specified instances) the Minister.\n- Compliance burdens: private practitioners providing commission work are subject to invoice requirements (s 32AA), prohibition on charging extra fees (s 32A), potential compliance audits (s 31F) and panel conditions, which impose administrative costs and reporting obligations on practitioners (s 31E(6), s 31F).\n- Data, records and confidentiality trade‑offs: the Act imposes a records management program for legal services records (s 69B–69C) and strict secrecy obligations (s 92) while authorising specific exceptions for national agreements, authorised disclosures to Commonwealth entities and research subject to guidelines (s 92AA). Mechanically, this creates both protection for client information and structured pathways for limited data sharing.\n\nOperational risks and steps that carry implementation cost or opportunity cost\n\n- The commission must operate within the availability of fund resources and Ministerial approvals for estimates (s 10(3), s 45). Limited funds constrain the quantity and nature of assistance the commission can approve (s 39(2)).\n- Panels, fixed fees below ordinary cost, and compliance audits are mechanisms that could affect the supply of private practitioners willing to accept legal aid work; the Act responds partly by allowing the commission to promote voluntary private practice participation (s 10(1)(e)) and requires consultation with professional bodies when fixing fees (s 31C(2)).\n- Use of security over land and assignment of recovery rights provides enforceability but requires administrative capacity to register charges and manage enforcement notices (s 31A(1), (6)–(8)).\n\nPractical summary — who pays, who decides, what changes for people and practitioners\n\n- People who cannot afford private legal help may apply and (if eligible) receive assistance from commission officers or a private practitioner arranged by the commission (s 25, s 28, s 26(6)).\n- The Legislative Assembly (via appropriation) and recoveries/contributions fund the commission (s 41(2)); legally assisted people may also pay contributions or be required to repay recoveries (s 31, s 33).\n- The commission and its chief executive officer make most operational decisions; the board sets policy; review committees hear appeals; the Minister retains some oversight and can direct application of funding agreements (s 15–17, s 26, pt 6, s 8(3), s 8A).\n- Private legal practitioners who work for legally assisted clients will be engaged through commission panels, paid fees set by the commission (which the Act intends to be lower than ordinary professional cost), must invoice as directed, may be audited, and may not charge the legally assisted client additional fees beyond what the Act allows (s 31B–31F, s 31C, s 32AA, s 32A).\n\nKey sections cited: s 6, s 8, s 8A, s 9, s 10, s 11–12, s 13, s 14–17, s 22–23, s 25–31A, s 31B–31F, s 32AA–32A, s 33–35, pt 5A (s 35A–35F), pt 6 (s 36–40), s 41–47, s 69B–69C, s 91, s 92–92AA."},"kimi_summary":{"_metrics":{"completionTokens":714},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly from its original 1977 focus on basic legal aid provision. Major additions include: dispute resolution services (Part 5A, 2009), detailed private practitioner panel systems (ss 31B–31F, 2009), records management requirements for legal services (Division 8.3, 2010), equal employment opportunity provisions (s 68A, 1992, expanded 2003), complex secrecy exceptions for Commonwealth data sharing (s 92AA, 2021), and funding agreement frameworks for interstate matters (s 8A, 1997). The Act now functions as a comprehensive administrative and regulatory scheme rather than simply establishing a legal aid service."},"complexity_factors":["Extensive cross-referencing with other ACT legislation (Legal Profession Act 2006, Land Titles Act 1925, Financial Management Act 1996, etc.)","Multiple nested conditions for eligibility (s 28) with exceptions for advice/duty lawyer services (s 28(2))","Detailed financial mechanisms including contribution calculations, interest rates with historical rate tables (s 95A), and property charges (s 31A)","Complex administrative structure with board, CEO, statutory officers, staff, review committees, consultative committees, and panels","Substantial delegated legislation framework with numerous matters left to regulations, guidelines, and approved forms","Conditional application of provisions depending on funding agreements with other jurisdictions (s 8A)","Multiple secrecy and privilege provisions with layered exceptions (ss 92, 92AA, 13)","Review and appeal mechanisms with time limits, reconsideration stages, and review committee procedures (Part 6)"],"plain_english_summary":"This Act establishes **Legal Aid ACT** (the Legal Aid Commission), a government body that provides free or subsidised legal help to people in the ACT who cannot afford private lawyers.\n\n**What it does:**\n- **Sets up the commission** as a corporate body with a board, chief executive, and staff (Part 2)\n- **Provides legal assistance** including advice, representation in court, and duty lawyer services at court hearings (Part 5)\n- **Decides who qualifies** based on financial need and whether help is reasonable in the circumstances—considering income, debts, cost of living, and the likely benefit of the case (s 28)\n- **Can use private lawyers** through panels of approved practitioners when commission staff cannot handle matters (ss 31B–31E)\n- **May require contributions** from assisted people who can pay something toward costs, and can secure debts against property in some cases (ss 31–31A)\n- **Offers dispute resolution** services like mediation to help people settle disputes without going to court (Part 5A)\n- **Allows appeals** through internal reconsideration and independent review committees if someone disagrees with a decision about their legal aid (Part 6)\n\n**Who it affects:**\n- Low-income ACT residents who need legal help with criminal, family, civil, or other legal matters\n- Private lawyers who take legal aid work\n- The commission's staff and board members\n\n**Why it matters:**\nThe Act ensures access to justice for disadvantaged people who would otherwise be unable to afford legal representation, while balancing limited public funds through means-testing, contribution requirements, and priority-setting."}},"importantCases":[],"_links":{"self":"/api/acts/legal-aid-act-1977","history":"/api/acts/legal-aid-act-1977/history","analysis":"/api/acts/legal-aid-act-1977/analysis","conflicts":"/api/acts/legal-aid-act-1977/conflicts","importantCases":"/api/acts/legal-aid-act-1977/important-cases","documents":"/api/acts/legal-aid-act-1977/documents"}}