{"id":"legal-aid-act-1990","name":"Legal Aid Act 1990","slug":"legal-aid-act-1990","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30249,"registerId":"nt-legal-aid-act-1990-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Legal Aid Act 1990","content":"NORTHERN TERRITORY OF AUSTRALIA\nLEGAL AID ACT 1990\nAs in force at 20 November 2020\nTable of provisions\nPart I Preliminary\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Repeal ............................................................................................. 1\n4 Interpretation ................................................................................... 1\nPart II Establishment and function of Legal Aid\nCommission\n5 Establishment of Commission ......................................................... 2\n6 Constitution of Commission ............................................................. 3\n7 Function and powers of Commission............................................... 3\n8 Duties of Commission ...................................................................... 4\n9 Arrangements for provision of legal assistance by Commission ...... 5\n10 Financial assistance for assistance by voluntary bodies ................. 5\n11 Commission may hold money on trust ............................................. 5\n12 Guidelines for provision of assistance ............................................. 6\n13 Professional conduct by officers of Commission ............................. 6\n14 Agreement between Commonwealth and Territory ......................... 7\nPart III Establishment and functions of Legal Aid\nCommittees\n15 Establishment of Committees .......................................................... 7\n16 Constitution of Committees.............................................................. 7\n17 Functions of Committees ................................................................. 8\nPart IV Staff of Commission\n18 Director ............................................................................................ 8\n19 Acting Director ................................................................................. 9\n19A Commission staff ............................................................................. 9\n20 Rights, privileges and duties of officers ........................................... 9\n21 Signature of legal practitioner .......................................................... 9\nPart V Provision of legal assistance by\nCommission\n22 Bringing services of Commission to public notice .......................... 10\n23 Application for legal assistance ..................................................... 10\n\nLegal Aid Act 1990 ii\n24 Determination of application for legal assistance........................... 11\n25 Termination or variation of legal assistance................................... 12\n26 Circumstances in which legal assistance may be provided ........... 12\n27 Commission may assist person having interest adverse to\nTerritory ......................................................................................... 14\n28 Legal advice and duty lawyer services .......................................... 14\n29 Contribution towards costs and expenses ..................................... 14\n30 Arranging for services of private legal practitioners ....................... 15\n31 Prohibition of additional payments to private practitioners ............. 18\n32 Entitlement of assisted persons to costs in proceedings ............... 18\n33 Payment by Commission of costs awarded against assisted\npersons .......................................................................................... 20\n34 Notification of decisions ................................................................. 21\nPart VI Reconsideration and review of decisions\n35 Reconsideration of decisions ......................................................... 21\n36 Establishment and constitution of Review Committees ................. 22\n37 Appointment of members of Review Committee............................ 23\n38 Function of Review Committee ...................................................... 23\n39 Person requesting review to have opportunity to be heard ............ 24\n40 Power of Review Committees to obtain information and\ndocuments ..................................................................................... 24\n41 Decision of Review Committee ...................................................... 24\nPart VII Finances of Commission\nDivision 1 Accountability and reporting\n42 Audit Act 1995 to apply .................................................................. 25\n42A Financial responsibilities of Director .............................................. 25\n42B Accounting and property manual to be kept .................................. 26\n42C Annual financial statements ........................................................... 26\n42D Annual reports ............................................................................... 27\nDivision 2 Funds of the Commission\n43 Establishment of Legal Aid Fund ................................................... 28\n44 Establishment of Contingency Legal Aid Fund .............................. 28\n45 Application of funds ....................................................................... 28\n46 Limitation of liability of Contingency Legal Aid Fund...................... 29\nPart VIII Administrative provisions relating to\nCommission\n47 Tenure of office.............................................................................. 29\n48 Qualifications for appointment ....................................................... 29\n49 Resignation.................................................................................... 30\n50 Removal from office ....................................................................... 30\n\nLegal Aid Act 1990 iii\n51 Acting Chairman of Commission ................................................... 30\n51A Regional representatives of staff-elected Commissioner............... 31\n52 Meetings ........................................................................................ 31\n53 Interests to be disclosed ................................................................ 32\nPart IX Miscellaneous\n54 Delegation ..................................................................................... 32\n55 Secrecy.......................................................................................... 32\n56 Liabilities of Commission ............................................................... 34\n57 False or misleading statements ..................................................... 34\n58 Certificate as to amounts owing to Commission ............................ 35\n59 Costs may be charged on land ...................................................... 35\n60 Regulations.................................................................................... 35\nPart X Transitional\n61 Definitions ...................................................................................... 36\n62 Legal aid provided by Australian Legal Aid Office ......................... 36\n64 Validation ....................................................................................... 37\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 20 November 2020\n____________________\nLEGAL AID ACT 1990\nAn Act relating to the provision of legal aid\nPart I Preliminary\n1 Short title\nThis Act may be cited as the Legal Aid Act 1990.\n2 Commencement\nThis Act shall come into operation on a date to be fixed by the\nAdministrator by notice in the Gazette.\n3 Repeal\nThe Legal Assistance Ordinance 1972 (No. 53, 1972) is repealed.\n4 Interpretation\n(1) In this Act, unless the contrary intention appears:\nassisted person means a person to whom legal assistance is\nprovided under this Act.\naudit has the same meaning as in the Audit Act 1995.\nChairman means the Chairman of the Commission and includes a\nperson appointed under section 51 to act in the office of Chairman\nwhile so acting.\nCommission means the Legal Aid Commission established by\nsection 5.\nCommissioner means a Commissioner of the Commission and\nincludes the Chairman of the Commission and a person acting as a\nCommissioner under section 51A.\ncourt includes a tribunal or person entitled to receive evidence on\noath.\n\nPart II Establishment and function of Legal Aid Commission\nLegal Aid Act 1990 2\nDirector means the Director of Legal Aid and includes a person\nappointed to act in the office of the Director.\nduty lawyer services means legal services provided by a legal\npractitioner (whether or not an officer) attending at a proceeding of\na court, being legal services consisting of appearing on behalf of a\nperson at, or giving legal advice to a person in connection with, the\nproceeding, otherwise than by prior arrangement with the person.\nLaw Society means the Law Society Northern Territory as\nestablished by section 635 of the Legal Profession Act 2006.\nLegal Aid Committee means a Legal Aid Committee established\nunder section 15.\nLegal Aid Fund means the Legal Aid Fund established by\nsection 43.\nofficer means the Director or a person employed by the\nCommission who is a legal practitioner.\nprivate legal practitioner means a legal practitioner practising on\nhis or her own account or in partnership.\nproduce includes permit access to.\nReview Committee means a Review Committee established under\nPart VI.\n(2) A reference in this Act to the provision of legal assistance shall be\nconstrued as a reference to the provision of legal services\n(including the giving of legal advice) without charge to the person to\nwhom the legal assistance is provided with or without the making of\na payment by the person, or the provision of financial assistance to\nbring or defend a civil proceeding.\nPart II Establishment and function of Legal Aid\nCommission\n5 Establishment of Commission\n(1) There is established by this section a commission by the name of\nthe Northern Territory Legal Aid Commission.\n(2) The Commission:\n(a) is a body corporate;\n(b) shall have a common seal; and\n\nPart II Establishment and function of Legal Aid Commission\nLegal Aid Act 1990 3\n(c) is capable, in its corporate name, of acquiring, holding and\ndisposing of real (including leasehold) and personal property\nand of suing and being sued.\n(3) All courts, judges and persons acting judicially shall take judicial\nnotice of the common seal of the Commission affixed to a\ndocument and shall assume that it was duly affixed.\n6 Constitution of Commission\n(1) Subject to subsection (2), the Commission shall be constituted by:\n(a) a Chairman appointed by the Minister;\n(b) a Commissioner appointed by the Minister;\n(c) a Commissioner appointed by the Treasurer;\n(d) 2 Commissioners appointed by the Minister, one to represent\ncommunity interests and one, on the nomination of the Law\nSociety; and\n(f) a Commissioner appointed by the Minister after having been\nelected by the staff of the Commission from amongst their\nnumber as prescribed.\n(2) The Director shall, ex officio, be a Commissioner.\n(3) The performance of the function, or the exercise of the powers, of\nthe Commission is not affected by reason of there being a vacancy\nin the membership of the Commission.\n(4) The appointment of a Commissioner is not invalidated, and shall\nnot be called in question, by reason of a defect or irregularity in\nconnection with his or her nomination.\n7 Function and powers of Commission\n(1) The function of the Commission is to provide legal assistance in\naccordance with this Act.\n(2) The Commission has such powers as are necessary to enable it to\nperform its functions and exercise its powers.\n(3) In the performance of its function, the Commission shall have\nregard to the amount of money for the time being standing to the\ncredit of the Legal Aid Fund or the Contingency Legal Aid Fund and\nof any money likely to be received by the Commission for the\npurposes of the Funds.\n\nPart II Establishment and function of Legal Aid Commission\nLegal Aid Act 1990 4\n8 Duties of Commission\nIn the performance of its function, the Commission must do the\nfollowing:\n(a) ensure that legal assistance is provided in the most effective,\nefficient and economic manner;\n(b) ensure that its activities are carried on consistently with, and\ndo not prejudice, the independence of the private legal\nprofession;\n(c) liaise and co-operate with, and if the Commission considers it\ndesirable to do so, make reciprocal arrangements with,\nprofessional bodies representing private legal practitioners\nand other bodies engaged or interested in the provision of\nlegal assistance in the Territory or elsewhere;\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;\n(e) make maximum use of services which private legal\npractitioners offer to provide on a voluntary basis;\n(f) encourage and permit persons who are not legal practitioners\nto participate, so far as the Commission considers it\npracticable and proper to do so, on a voluntary basis, under\nprofessional supervision, in the provision of legal assistance\nby officers;\n(g) provide officers and agencies of the Commonwealth or a State\nconcerned in the provision of legal assistance with such\nstatistical and other information as they reasonably require;\n(h) make its services available to persons eligible for legal\nassistance by establishing such local offices, and by making\nsuch other arrangements, as it considers appropriate;\n(j) determine priorities in the provision of legal assistance as\nbetween different classes of persons or classes of matters;\n(k) arrange for the provision of duty lawyer services at sittings in\nthe Territory in such courts as it considers appropriate;\n(m) endeavour to secure the services of language interpreters,\nmarriage counsellors and other appropriate persons to assist\nlegally assisted persons in connection with matters in respect\nof which they are provided with legal assistance;\n\nPart II Establishment and function of Legal Aid Commission\nLegal Aid Act 1990 5\n(n) initiate and carry out educational programs designed to\npromote an understanding by the public (and by sections of\nthe public having special needs in this respect) of their rights,\npowers, privileges and duties under the laws in force in the\nTerritory.\n9 Arrangements for provision of legal assistance by\nCommission\n(1) Without limiting the generality of section 7, legal assistance may be\nprovided by the Commission by arranging for the services of a\nprivate legal practitioner to be made available at the expense of the\nCommission or by making available the services of officers.\n(2) The Commission shall determine guidelines for the allocation of\nwork between officers and private legal practitioners and make the\nguidelines available to them.\n(3) Where the Commission provides legal assistance by making\navailable the services of officers, the Commission shall pay\ndisbursements and out-of-pocket expenses incurred in the course\nof providing that assistance.\n(4) Where the Commission provides legal assistance by arranging for\nthe services of private legal practitioners, the Commission shall,\nexcept where the services are provided on a voluntary basis, pay\nfees to the private legal practitioners for the performance of those\nservices (being fees determined by the Commission in accordance\nwith section 30(8), (9) and (10)) and shall pay disbursements and\nout-of-pocket expenses properly incurred by them.\n10 Financial assistance for assistance by voluntary bodies\nSubject to and in accordance with any agreement or arrangement\nbetween the Commonwealth and the Territory, the Commission\nmay provide financial assistance to voluntary legal aid bodies in the\nTerritory for the provision of legal assistance.\n11 Commission may hold money on trust\n(1) The Commission may accept money or property on trust and may,\nin accordance with the Trustee Act 1893, act as trustee of money or\nother property held by it on trust.\n(2) The Commission shall hold money received by it on trust separate\nfrom other money held by the Commission.\n(3) Money held by the Commission on trust may be invested by the\nCommission in any manner in which trust funds may, for the time\nbeing, be invested under the Trustee Act 1893, but not otherwise.\n\nPart II Establishment and function of Legal Aid Commission\nLegal Aid Act 1990 6\n12 Guidelines for provision of assistance\nThe Commission shall determine, and make known to the public,\nguidelines to be applied in:\n(a) the application of section 26 for the purposes of determining\nwhether legal assistance may be provided to a person under\nthis Act;\n(b) determining the conditions subject to which assistance\nreferred to in section 28(1)(a) or (b) will be granted;\n(c) determining the extent (if any) to which the Commission will\npay costs awarded against a legally assisted person in a\nproceeding;\n(d) determining the amount of costs or disbursements that will be\nrequired to be paid to the Commission under section 32 by a\nlegally assisted person who has been successful in the\nproceeding in respect of which the legal assistance was\nprovided;\n(e) determining the conditions (including conditions relating to the\nrecovery of money by the Commission on a contingency\nbasis) subject to which money in the Contingency Legal Aid\nFund will be made available for the provision of legal\nassistance to bring or defend legal proceedings; and\n(f) determining an amount to be paid under section 33 towards\ncosts an assisted person is directed to pay.\n13 Professional conduct by officers of Commission\n(1) An officer, when practising as, or performing any of the functions of,\na legal practitioner, in pursuance of this Act:\n(a) shall observe the same rules and standards of professional\nconduct and ethics as those that a private legal practitioner is,\nby law or the custom of the legal profession, required to\nobserve in the practice of his or her profession; and\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 his or her profession.\n(2) The like privileges as those that arise from the relationship of client\nand solicitor acting in his or her professional capacity and in the\ncourse of his or her professional employment shall arise between a\nperson who has applied for legal assistance, or to whom legal\nassistance is being provided, under this Act and an officer who\n\nPart III Establishment and functions of Legal Aid Committees\nLegal Aid Act 1990 7\npractices as, or performs any of the functions of, a legal practitioner\nfor the person in pursuance of this Act.\n14 Agreement between Commonwealth and Territory\n(1) The Territory may enter into an agreement with the Commonwealth\nfor or in relation to:\n(a) the operation of the Commission;\n(b) the money to be made available by the Commonwealth or by\nthe Territory and the Commonwealth, for the purposes of the\nprovision of legal assistance;\n(c) the priorities to be observed, in relation to money made\navailable by the Commonwealth, in the provision of legal\nassistance as between classes of persons, or classes of\nmatters, or both;\n(d) the sharing of the operational costs incurred in the provision of\nlegal assistance and other legal services by the Commission;\nand\n(e) any matter incidental to a matter mentioned in paragraph (a),\n(b), (c) or (d).\n(2) An agreement under subsection (1) shall, except in so far as it is\ninconsistent with this Act or the Regulations, be binding on the\nCommission.\nPart III Establishment and functions of Legal Aid\nCommittees\n15 Establishment of Committees\nSubject to and in accordance with the Regulations, there shall be\nsuch Legal Aid Committees as the Commission establishes in\naccordance with this Part.\n16 Constitution of Committees\n(1) Each Legal Aid Committee shall consist of the Director and 3 other\nmembers.\n(2) The members of a Legal Aid Committee, other than the Director,\nshall be appointed by the Commission.\n(3) The Commission shall appoint as a member of a Legal Aid\nCommittee one person who is not a lawyer.\n\nPart IV Staff of Commission\nLegal Aid Act 1990 8\n(4) The members of a Legal Aid Committee, other than the Director\nand the person appointed under subsection (3), shall be persons\nnominated by the Law Society.\n(5) Subject to subsection (6), the Director may appoint another officer\nto be his or her deputy, or may appoint other officers to be his or\nher deputies, in relation to the Director's membership of Legal Aid\nCommittees.\n(6) In the event of the absence of the Director from a meeting of a\nLegal Aid Committee, the deputy of the Director or, if there is more\nthan one deputy, one of the deputies, is entitled to attend that\nmeeting and, while so attending, shall be deemed to be a member\nof the Committee.\n(7) The Commission may appoint a person to be the deputy of a\nmember of a Legal Aid Committee other than the Director and, in\nthe event of the absence of the member from a meeting of the\nLegal Aid Committee, the deputy is entitled to attend that meeting\nand, while so attending, shall be deemed to be a member of the\nCommittee.\n17 Functions of Committees\nThe functions of a Legal Aid Committee are to decide:\n(a) applications for legal assistance coming before the\nCommittee; and\n(b) any other matters coming before the Committee under this\nAct.\nPart IV Staff of Commission\n18 Director\n(1) The Minister shall appoint a person to be the Director of Legal Aid\nwho shall be charged with carrying out the decisions of the\nCommission and the general administration of the service of the\nCommission, including the administration of staff employment.\n(2) The Director shall:\n(a) be paid such salary, allowances and expenses; and\n(b) hold office on such terms and conditions,\n\nPart IV Staff of Commission\nLegal Aid Act 1990 9\nas the Minister, with the advice of the Commissioner, as defined in\nthe Public Sector Employment and Management Act 1993,\ndetermines.\n(3) The Director, if he or she does not hold a current unrestricted\npractising certificate under the Legal Profession Act 2006, shall be\ndeemed to hold such a certificate.\n(4) The salary, allowances and expenses payable to the Director are to\nbe paid out of the Legal Aid Fund.\n19 Acting Director\n(1) Where the Director is or is expected to be absent from duty or from\nthe Territory or is, for any reason, unable to perform the duties of\nhis or her office, or there is a vacancy in the office of the Director,\nthe Chairman may appoint a person to act as the Director during\nthe absence or until the vacancy is filled.\n(2) A person appointed under subsection (1) to act in the office of the\nDirector, if he or she does not hold a current practising certificate\nunder the Legal Profession Act 2006, shall be deemed to hold such\na certificate.\n19A Commission staff\n(1) The Commission may employ persons necessary to enable it to\nperform its functions and exercise its powers under this Act.\n(2) All salaries, allowances and expenses payable to an employee of\nthe Commission are to be paid out of the Legal Aid Fund.\n20 Rights, privileges and duties of officers\nAn officer who is not the Director has all the rights, privileges and\nduties of a legal practitioner employed by a person who holds an\nunrestricted practising certificate under the Legal Profession\nAct 2006.\n21 Signature of legal practitioner\nWhere:\n(a) in a proceeding, a document is required or permitted to be\nsigned by a legal practitioner for a party to the proceeding who\nis an assisted person; and\n(b) legal services are being provided to the assisted person in\nrelation to the proceeding by an officer,\n\nPart V Provision of legal assistance by Commission\nLegal Aid Act 1990 10\nthe signature of the Director or of an officer authorized in writing by\nthe Director to sign documents on behalf of the Director for the\npurposes of this section shall be deemed to be the signature of a\nlegal practitioner for that party.\nPart V Provision of legal assistance by Commission\n22 Bringing services of Commission to public notice\nThe Commission may, by public advertisement or otherwise, bring\nthe services made available by the Commission to the attention of\nthe public and any officer may, in the course of the performance of\nhis or her duties, bring those services to the attention of the public\nor to the attention of particular persons.\n23 Application for legal assistance\n(1) An application for legal assistance, other than legal assistance\nconsisting of the giving of legal advice or the provision of duty\nlawyer services, shall:\n(a) be made to the Commission in writing and shall be\nsubstantially in accordance with a form approved by the\nCommission; and\n(b) contain such information as is required by that form.\n(2) The Commission may, in special circumstances, treat an\napplication that does not comply with all the requirements of\nsubsection (1) as having been duly made.\n(3) An applicant for legal assistance to which subsection (1) applies\nshall furnish to the Commission such declarations, certificates and\nother documents as the Commission requires for the purpose of\nenabling a decision to be made as to whether legal assistance\nshould be granted in respect of the application.\n(4) Where legal advice is being provided to a person under this Act and\nit appears to an officer that the legal advice required by the person\nis likely to be of a substantial or continuing nature, the officer may\nrequire the person to make an application for legal assistance in\naccordance with subsections (1) and (3) and, where such a\nrequirement is made, those subsections and sections 26(1), (2)\nand (3), 29 and 34(2) apply in relation to the application.\n(5) The Commission may distribute to private legal practitioners\napplication forms for completion by persons applying for legal\nassistance.\n\nPart V Provision of legal assistance by Commission\nLegal Aid Act 1990 11\n24 Determination of application for legal assistance\n(1) An application for legal assistance shall, in accordance with the\ndirections of the Commission, be decided by a Legal Aid\nCommittee, by the Director or by an officer authorized by the\nDirector to decide applications for legal assistance.\n(2) The Commission shall give directions as to the classes of cases in\nwhich:\n(a) applications for legal assistance are to be decided by a Legal\nAid Committee; and\n(b) applications are to be decided by officers.\n(3) Where a Legal Aid Committee or an officer decides to grant an\napplication for legal assistance, the Committee or officer shall also\ndecide, in accordance with guidelines determined by the\nCommission in pursuance of sections 9(2) and 12:\n(a) whether the legal assistance should be provided by making\navailable the services of a private legal practitioner or whether\nthe legal assistance should be provided by making available\nthe services of an officer;\n(b) the nature and extent of the legal assistance to be provided;\nand\n(c) whether the legal assistance is to be provided without charge\nor subject to either or both of the conditions referred to in\nsection 29(1).\n(4) The Director shall ensure that each Legal Aid Committee is\nprovided with such assistance as it requires to enable it to perform\nits functions under this Act.\n(5) For the purpose of deciding an application for legal assistance, a\nLegal Aid Committee or an officer may make such inquiries and\nobtain such advice (including the opinion of counsel) and reports as\nthe Committee or officer considers desirable.\n(6) The cost of making inquiries under subsection (5) or obtaining such\nadvice or reports shall be paid:\n(a) if the Committee or officer so determines – by the applicant for\nthe legal assistance; or\n(b) in any other case – out of the Legal Aid Fund.\n\nPart V Provision of legal assistance by Commission\nLegal Aid Act 1990 12\n25 Termination or variation of legal assistance\nA decision to provide legal assistance to a person under this Act\nmay be varied at any time so as to:\n(a) terminate the provision of the legal assistance;\n(b) alter the nature or extent of the legal assistance;\n(c) make the provision of the legal assistance subject to a\ncondition in accordance with section 29; or\n(d) alter a condition to which the provision of the legal assistance\nis subject in accordance with section 29,\nand may be so varied:\n(e) in a case where the decision was made by a Legal Aid\nCommittee – by such a Committee; or\n(f) in a case where the decision was made by an officer – by the\nDirector or by an appropriate officer in accordance with\narrangements made or approved by the Director.\n26 Circumstances in which legal assistance may be provided\n(1) Subject to this section, legal assistance, other than legal assistance\nconsisting of financial assistance from the Contingency Legal Aid\nFund to bring or defend a civil proceeding, the giving of legal advice\nor the provision of duty lawyer services, may be provided to a\nperson under this Act only if:\n(a) (i) the person is in need of assistance because the person\nis unable to afford the cost of obtaining from private legal\npractitioners the legal services in respect of which legal\nassistance is sought; and\n(ii) it is reasonable in all the circumstances to provide the\nlegal assistance; or\n(b) pursuant to an agreement under section 14(1)(b) the\nCommonwealth agrees to reimburse the Territory the cost of\nproviding legal assistance to the person.\n(2) In making a decision whether a person is in need of legal\nassistance because the person is unable to afford the cost of\nobtaining from private legal practitioners the legal services in\nrespect of which the legal assistance is sought, regard shall be had\nto all relevant matters, including:\n\nPart V Provision of legal assistance by Commission\nLegal Aid Act 1990 13\n(a) the income of the person and of each person associated with\nthe person;\n(b) the cash that is readily available to the person or can be made\nso available;\n(c) the debts, liabilities and other financial obligations of the\nperson;\n(d) the cost of living;\n(e) the cost of obtaining the legal services from a private legal\npractitioner; and\n(f) any other matter affecting the ability of the person to meet the\ncost of obtaining the legal services from a private legal\npractitioner.\n(3) In making a decision whether it is reasonable in all the\ncircumstances to provide assistance to a person, regard shall be\nhad to all relevant matters, including:\n(a) the nature and extent of a benefit that may accrue to the\nperson, to the public or to a 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 a 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\ncourt – whether the proceeding is likely to terminate in a\nmanner favourable to the person.\n(4) Legal assistance shall not be provided under this Act to a person\nwho is not ordinarily resident in the Territory unless the assistance\nrelates to:\n(a) a proceeding in a court in the Territory; or\n(b) a matter arising under a law in force in the Territory.\n(5) Legal assistance shall not be provided under this Act to a person in\nor in connection with a review by a Review Committee under\nPart VI.\n(6) A reference in subsection (2)(a) to a person who is associated with\na person is a reference to:\n(a) the person's spouse or de facto partner; or\n\nPart V Provision of legal assistance by Commission\nLegal Aid Act 1990 14\n(b) a person who is financially responsible for, or who provides\nfinancial support to, that person.\n27 Commission may assist person having interest adverse to\nTerritory\nLegal assistance may be provided under this Act to a person in\nrelation to a proceeding or matter notwithstanding that the interests\nof the person are, or may be, adverse to the interests of the\nTerritory, the interests of an authority or body established for a\npublic purpose by or under a law of the Territory or in the interests\nof a body corporate in which the Territory or such an authority or\nbody has an interest.\n28 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\nsection 23(4); or\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\nto a condition that the person to whom the legal assistance is to be\nprovided pays to the Commission a fixed charge determined by the\nCommission.\n(3) In special circumstances determined by the Commission, legal\nassistance mentioned in subsection (1) shall not be provided to a\nperson.\n29 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 28(1)\napplies, may be on the basis that the assistance will be provided\nwithout charge or may be subject to all or any of the following\nconditions:\n(a) a condition that the person pays to the Commission the full\namount of, or a contribution of a specified amount or an\namount to be specified towards, the cost to the Commission of\nproviding the assistance;\n\nPart V Provision of legal assistance by Commission\nLegal Aid Act 1990 15\n(b) a condition that the person makes a payment or payments to\nthe Commission in respect of any out-of-pocket expenses\nincurred, or to be incurred, by the Commission in providing the\nassistance;\n(c) a condition that the cost or part of the cost to the Commission\nof providing assistance be secured:\n(i) by a charge under section 59 over any land or a charge\nover any other property which is recovered or preserved\nfor that person in the proceedings; or\n(ii) in any other manner the Commission thinks fit over any\nproperty in which the person has an interest or in which\nthe person acquires an interest during the period of\nassistance.\n(2) The Commission shall advise the applicant in writing before\nimposing a condition under subsection (1)(c) on the provision of\nlegal assistance.\n(3) An amount required to be paid or secured by an assisted person\nunder this section shall be paid or secured in such manner and\nwithin such time as the Commission directs.\n(4) If a person who is or has been a legally assisted person has not\npaid an amount payable by the person to the Commission under\nthis section, the amount is recoverable by the Commission as a\ndebt due and payable to the Commission.\n30 Arranging for services of private legal practitioners\n(1) For the purpose of facilitating arrangements for the services of\nprivate legal practitioners to be made available to legally assisted\npersons, the Commission shall cause to be prepared and\nmaintained, and to be made available to Legal Aid Committees, a\nlist of private legal practitioners who have notified the Commission\nthat they are willing to act as legal practitioners on behalf of legally\nassisted persons, whether generally, in particular classes of matters\nor in particular courts.\n(2) Subject to this section, the Commission may:\n(a) refuse to include in the list maintained under subsection (1)\nthe name of a private legal practitioner who has notified the\nCommission that he or she is willing to act as a legal\npractitioner on behalf of legally assisted persons;\n(b) remove the name of a private legal practitioner from the list\nmaintained under subsection (1); or\n\nPart V Provision of legal assistance by Commission\nLegal Aid Act 1990 16\n(c) include the name of a private legal practitioner in that list\ntogether with limitations as to the classes of matters in which\nthe services of the private practitioner will be sought by the\nCommission for the purposes of this Act.\n(3) The Commission shall not refuse to include the name of a private\nlegal practitioner in the list maintained under subsection (1), remove\nthe name of a private legal practitioner from that list or include in\nthat list limitations as to the classes of matters in which the services\nof a private legal practitioner will be sought by the Commission for\nthe purposes of this Act, unless the Commission has:\n(a) given written notice to the practitioner setting out the reasons\nfor the proposed refusal, removal or limitation; and\n(b) afforded the practitioner a reasonable opportunity to be heard\nin relation to the proposed refusal, removal or limitation.\n(4) Where the Commission has:\n(a) refused to include the name of a practitioner in the list\nmaintained under subsection (1);\n(b) removed the name of a practitioner from that list; or\n(c) included in that list, in relation to a practitioner, a limitation as\nmentioned in subsection (2)(c),\nthe practitioner may, before the expiration of 3 months (or where\nanother period is prescribed for that purpose, the expiration of that\nother period) after receipt of the notice given to him under\nsubsection (3), apply to the Supreme Court for an order directing\nthe Commission to include his or her name in the list, to restore his\nor her name in the list or to remove the limitation, as the case may\nbe.\n(5) Where an application is made under subsection (4) to the Supreme\nCourt, the Court may:\n(a) make the order applied for;\n(b) postpone the making of the order applied for with liberty to\napply; or\n(c) dismiss the application,\nand, subject to subsection (6), the decision of the Court is final and\nconclusive.\n\nPart V Provision of legal assistance by Commission\nLegal Aid Act 1990 17\n(6) Where an application (including a further application made in\npursuance of a previous application of this subsection) is\ndismissed, the applicant may, at any time after the expiration of 3\nmonths (or where another period is prescribed for that purpose, the\nexpiration of that other period) after the date of the dismissal, make\na further application for an order as mentioned in subsection (4),\nand subsection (5) applies in relation to any such further\napplication.\n(7) In selecting a private legal practitioner whose services may be\nsought to be made available to an assisted person in a particular\ncase, the paramount considerations shall be the interest of the\nassisted person and any choice expressed by the person for the\nservices of a particular practitioner but, subject to those\nconsiderations, work shall be allocated among the practitioners\nwhose names are on the list maintained under subsection (11) in a\nmanner that is equitable having regard to the nature of their legal\npractices and their expertise in particular fields of law.\n(8) In determining the fees to be offered to private legal practitioners for\nthe performance of services on behalf of assisted persons, the\nCommission shall consult and take into account the views of the\nLaw Society and, where it considers it appropriate, the body known\nas the Northern Territory Bar Association.\n(9) Subject to subsection (8), the fees to be offered to private legal\npractitioners for the performance of services on behalf of assisted\npersons shall, so far as practicable, consist of fixed amounts in\nrespect of the performance of particular services and be less than\nthe ordinary professional cost of those services.\n(10) The Director may, in such classes of cases as the Commission\ndetermines, refer to a Legal Aid Committee accounts from private\nlegal practitioners in respect of fees, disbursements or out-of-\npocket expenses in connection with the provision of legal\nassistance for the purpose of determining whether the amounts\nclaimed are properly payable.\n(11) The Commission shall maintain a record containing particulars of\nthe number and type of matters dealt with by specified private legal\npractitioners under this Act and shall make the record available for\ninspection on request by the Law Society.\n\nPart V Provision of legal assistance by Commission\nLegal Aid Act 1990 18\n(12) The Commission may defer payment of fees payable by it to a\nprivate legal practitioner in connection with proceedings in respect\nof which legal assistance has been granted until:\n(a) the Commission is satisfied that the practitioner has taken\nreasonable steps to recover party and party costs to which the\nassisted person is entitled;\n(b) the conclusion of any investigation in relation to an alleged:\n(i) breach of this Act or the Legal Profession Act 2006 by\nthe practitioner;\n(ii) fraud or misrepresentation by the practitioner in relation\nto the provision of legal assistance or any such fraud or\nmisrepresentation to which the practitioner is a party; or\n(iii) improper action by the practitioner in bringing, defending\nor conducting proceedings in relation to which legal aid\nhas been provided or any such action to which the\npractitioner is a party; or\n(c) the completion of any criminal or disciplinary proceedings\ncommenced against the practitioner in respect of a matter\nreferred to in paragraph (b).\n(13) Without affecting any other power of the Commission to refuse\npayment of fees, the Commission may refuse to make a payment of\nfees to a private legal practitioner in connection with proceedings in\nrespect of which legal assistance has been granted if an allegation\nreferred to in subsection (12)(b) against the practitioner is\nsubstantiated in criminal or disciplinary proceedings.\n31 Prohibition of additional payments to private practitioners\nWhere a private legal practitioner performs, or has performed, legal\nservices on behalf of an assisted person the practitioner shall not\ndemand, 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 he or she is entitled under this Act.\n32 Entitlement of assisted persons to costs in proceedings\n(1) For the purposes of the making or enforcement of an order for\ncosts, or the determination of an entitlement to costs, in a\nproceeding before a court to which an assisted person is a party,\nthe person shall be deemed to be liable to pay the ordinary\nprofessional costs of the legal services provided to the person or in\nconnection with the proceeding and any disbursements and\n\nPart V Provision of legal assistance by Commission\nLegal Aid Act 1990 19\nout-of-pocket expenses incurred in or in connection with the\nprovision of those services.\n(2) Where an amount is recoverable by an assisted person (whether in\na proceeding or by virtue of a settlement or compromise) in respect\nof the matter in which the legal assistance was given, the person is\nliable to pay to the Commission:\n(a) in the case of an amount recoverable in a civil proceeding in\nrespect of which legal assistance comprising financial\nassistance from the Contingency Legal Aid Fund was\nprovided:\n(i) an amount up to the value of that financial assistance;\nand\n(ii) such proportion of that amount recoverable,\nas was agreed to be paid by the assisted person as a\ncondition subject to which the legal assistance was made\navailable; and\n(b) in any other case – an amount equal to so much of the\namount as the Director, having regard to guidelines\ndetermined by the Commission in pursuance of section 12(d),\ndetermines.\n(3) In determining the amount that an assisted person to whom\nsubsection (2)(b) relates is liable to pay under subsection (2), the\nDirector shall have regard to:\n(a) the amount actually recovered by the assisted person; and\n(b) any failure by the assisted person to take action to recover the\namount recoverable, including a failure to comply with a\ndirection of the Director under subsection (4).\n(4) The Director may give directions to an assisted person requiring the\nperson to take specific action to recover an amount that is\nrecoverable by the person in respect of the matter in which legal\nassistance was given.\n(5) If an amount is recoverable by an assisted person (whether in a\nproceeding or by virtue of a settlement or compromise) in respect of\nthe matter in which the legal assistance was given, the Director\nmay, by writing signed by the Director, direct the assisted person to\nassign his or her right to recover the amount to the Commission\nwithin 3 months (or where another period is prescribed for that\npurpose, the expiration of that other period) after the day on which\nthe direction is given.\n\nPart V Provision of legal assistance by Commission\nLegal Aid Act 1990 20\n(6) Where an assisted person fails to comply with a direction under\nsubsection (5), the person shall be deemed to have assigned to the\nCommission his or her right to recover the amount at the expiration\nof the period referred to in that subsection and, for the purpose of\nrecovering the amount, the Commission shall stand in place of the\nperson and may use all the remedies and, if necessary, the name,\nof the person in any proceeding to recover the amount.\n(7) The amount that a person is liable to pay to the Commission under\nsubsection (2) is recoverable by the Commission as a debt due and\npayable to it.\n33 Payment by Commission of costs awarded against assisted\npersons\n(1) Where:\n(a) legal assistance (other than financial assistance from the\nContingency Legal Aid Fund to bring or defend a civil\nproceeding) is provided under this Act to a person in relation\nto a proceeding (other than a cross-proceeding) instituted by\nthe person in a court; and\n(b) the court makes an order in the proceeding directing the\nassisted person to pay costs incurred by another party to the\nproceeding,\neither the assisted person or the other party may request the\nCommission to pay to the other party on behalf of the assisted\nperson an amount representing the whole or a part of the costs that\nthe assisted person was so directed to pay.\n(2) A request under subsection (1) shall be decided, in accordance with\nguidelines under section 12(c):\n(a) if the question whether legal assistance should be granted in\nrelation to the proceeding was decided by an officer – by an\nofficer; or\n(b) if the question was decided by a Legal Aid Committee – by a\nLegal Aid Committee.\n(3) Subject to subsection (4), the Commission shall pay so much (if\nany) of the amount requested to be paid as the officer or the Legal\nAid Committee, as the case may be, considers just and equitable\nfor the Commission to pay.\n(4) The Commission shall not pay an amount in respect of costs\nincurred in a proceeding at first instance except in accordance with\nguidelines under section 12(f).\n\nPart VI Reconsideration and review of decisions\nLegal Aid Act 1990 21\n(5) An amount paid by the Commission under this section shall be\ndeemed to have been paid by the assisted person.\n34 Notification of decisions\n(1) Where a decision under this Act in relation to the provision of legal\nassistance or to the making of a payment in respect of costs,\nincluding a decision reconsidering or reviewing a previous decision,\nis made by an officer or by a Legal Aid Committee, the Commission\nshall, as soon as practicable after the decision is made,\ncommunicate the decision to the person who applied for the legal\nassistance or for the payment.\n(2) Where a decision referred to in subsection (1) is a decision refusing\nto provide, or imposing a condition on the provision of, legal\nassistance under this Act, the Commission, if requested to do so,\nshall cause to be furnished to the person a short statement of the\nreasons for the decision.\n(3) 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) where the matter to which the decision relates was dealt with\non behalf of the person by a practitioner – by giving to the\npractitioner, or by sending to the practitioner by post to the\naddress of the practitioner last known to the Commission, a\ndocument setting out the terms of the decision and particulars\nof the right of the person to have the decision reconsidered\nand reviewed in accordance with section 35; and\n(b) in any other case – by giving such a document to the person\nor by sending it 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 authorized by the person.\nPart VI Reconsideration and review of decisions\n35 Reconsideration of decisions\n(1) Where a decision has been made:\n(a) refusing to provide legal assistance under this Act;\n(b) refusing to provide legal assistance under this Act of the\nnature, or to the extent, applied for;\n\nPart VI Reconsideration and review of decisions\nLegal Aid Act 1990 22\n(c) imposing a condition on the provision of legal assistance\nunder this Act or varying adversely to a legally assisted person\na condition so imposed;\n(d) terminating the provision of legal assistance under this Act;\n(e) refusing to pay the whole or a part of an amount that the\nCommission has been requested to pay under section 33; or\n(f) in relation to any other matter relating to the provision or\nrefusal of legal assistance,\nthe person who applied for the legal assistance or for the payment\nmay, by notice in writing to the Commission, request that the\ndecision be reconsidered.\n(2) Where a notice requesting that a decision be reconsidered is\nreceived by the Commission, the decision shall be reconsidered:\n(a) where the decision was made by a Legal Aid Committee – by\nthe Committee; or\n(b) where the decision was made by an officer – by an\nappropriate officer in accordance with arrangements made or\napproved by the Director,\nand may be confirmed or varied.\n(3) Where a decision is confirmed or varied following a reconsideration\nunder subsection (2), the person who requested the reconsideration\nmay, by notice in writing to the Commission, request the\nCommission to refer the decision, or the decision as varied, as the\ncase may be, to a Review Committee for review and the\nCommission shall comply with the request.\n(4) A request by a person for a reconsideration or review of a decision\nshall be made before the expiration of 3 months after the person\nreceived notice of the relevant decision or such longer period as the\nCommission, in special circumstances, allows.\n36 Establishment and constitution of Review Committees\n(1) Subject to and in accordance with the Regulations, there shall be\nsuch Review Committees as the Commission establishes in\naccordance with this Part.\n(2) A Review Committee shall consist of:\n(a) a private legal practitioner;\n\nPart VI Reconsideration and review of decisions\nLegal Aid Act 1990 23\n(b) an officer; and\n(c) a person, (not being a private legal practitioner or an officer)\nwho has qualifications or experience relevant to the\nperformance of the function of a Review Committee.\n37 Appointment of members of Review Committee\n(1) The members of a Review Committee shall be appointed by the\nCommission.\n(2) The Commission shall appoint a member of each Review\nCommittee to be Chairman of that Committee.\n(3) The Commission may appoint as a deputy a member of a Review\nCommittee:\n(a) in the case of a member referred to in section 36(2)(a) – a\nprivate legal practitioner;\n(b) in the case of a member referred to in section 36(2)(b) – an\nofficer; and\n(c) in the case of a member referred to in section 36(2)(c) – a\nperson (not being a private legal practitioner or an officer) who\nhas qualifications or experience relevant to the performance of\nthe function of a Review Committee.\n(4) In the event of the absence of a member of a Review Committee\nfrom a meeting of the Review Committee, the deputy of the\nmember is entitled to attend the meeting and while so attending\nshall be deemed to be a member.\n38 Function of Review Committee\n(1) The function of a Review Committee is to review decisions referred\nto the Committee under section 35(3).\n(2) In making a decision on a matter referred to it, a Review Committee\nshall have regard to the amount of funds available to the\nCommission for the provision of legal assistance, the nature and\nextent of legal assistance that has been provided from those funds\nand the nature and extent of the legal assistance that the\nCommission is likely to be required to provide in the future.\n\nPart VI Reconsideration and review of decisions\nLegal Aid Act 1990 24\n39 Person requesting review to have opportunity to be heard\nA Review Committee that reviews a decision referred to in\nsection 35(3) shall not make a decision on the review unless it has\nafforded to the person who requested the review a reasonable\nopportunity to:\n(a) attend a meeting of the Review Committee;\n(b) address the Review Committee in relation to the review; and\n(c) place before the Committee documents relevant to the review.\n40 Power of Review Committees to obtain information and\ndocuments\nA Review Committee may request the Director or another officer of\nthe Commission to:\n(a) furnish to the Committee any information known to him or her,\nor to which he or she has access, that relates to a decision\nbeing reviewed by the Committee;\n(b) produce to the Committee any document in his or her 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\namount of the funds available to the Commission for the\nprovision of legal assistance, the nature and extent of the legal\nassistance that has been provided from those funds and the\nnature and extent of the legal assistance that the Commission\nis likely to be requested to provide in the future,\nand that person shall provide the information or produce the\ndocuments requested.\n41 Decision of Review Committee\n(1) A Review Committee that reviews a decision of an officer or of a\nLegal Aid Committee referred to it under section 35(3) (in this\nsection referred to as a primary decision) shall give a decision in\nwriting:\n(a) confirming the primary decision;\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\nPart VII Finances of Commission\nDivision 1 Accountability and reporting\nLegal Aid Act 1990 25\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 the purposes of this Act (other than section 35(3)), be\ndeemed to be a decision made by the officer who, or the Legal Aid\nCommittee which, made the primary 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 asked to do so by the person who\nrequested the review, cause a short statement in writing of the\nreasons for the decision to be sent to the person.\n(5) The decision of a Review Committee shall be final and conclusive.\nPart VII Finances of Commission\nDivision 1 Accountability and reporting\n42 Audit Act 1995 to apply\nThe Audit Act 1995 applies to and in relation to:\n(a) the Commission – as if a reference in that Act to an Agency\nwere a reference to the Commission; and\n(b) the Director – as if a reference in that Act to an Accountable\nOfficer were a reference to the Director.\n42A Financial responsibilities of Director\n(1) The Director is responsible for the financial administration of the\nCommission.\n(2) The Director must ensure that:\n(a) proper records of all transactions affecting the Commission\nare kept;\n(b) employees of the Commission observe the requirements\nimposed by or under this Act in relation to financial matters;\nand\n(c) procedures that ensure proper internal control of financial\nmatters of the Commission are in place.\n(3) The Director must ensure that the Commission has an adequate\ninternal audit capacity.\n\nPart VII Finances of Commission\nDivision 1 Accountability and reporting\nLegal Aid Act 1990 26\n42B Accounting and property manual to be kept\n(1) The Commission must issue and maintain an accounting and\nproperty manual for the use of the Director and employees of the\nCommission.\n(2) The accounting and property manual is to include:\n(a) information about and an explanation of legislation that\ngoverns the operation of the Commission;\n(b) information about and an explanation of agreements that\ngovern the operation of the Commission; and\n(c) information about, explanations of and directions as to the\nmanagement and control of the assets of the Commission.\n(3) A copy of, or in an appropriate case, an extract from the accounting\nand property manual is to be made available to the Director and\neach employee of the Commission.\n(4) The accounting and property manual is to be complied with by the\nDirector and each employee of the Commission.\n42C Annual financial statements\n(1) The Director must prepare a financial statement relating to each\nfinancial year.\n(2) The financial statement is to be prepared:\n(a) within 3 months after the end of the financial year to which it\nrelates; or\n(b) within another period, after the end of the financial year,\ndetermined by the Treasurer.\n(3) The financial statement:\n(a) is to be prepared in the form the Treasurer directs; and\n(b) except to the extent that the Treasurer directs otherwise – is to\nbe a general purpose financial report prepared in accordance\nwith the Australian Accounting Standards determined by the\nAustralian Accounting Standards Board.\n(4) The Director must provide a copy of the financial statement to the\nAuditor-General.\n(5) The Auditor-General must audit the statement provided under\nsubsection (4).\n\nPart VII Finances of Commission\nDivision 1 Accountability and reporting\nLegal Aid Act 1990 27\n(6) The Auditor-General must, before 2 months after receiving the\nstatement provided under subsection (4) or another period\ndetermined by the Administrator:\n(a) report on the statement to the Minister; and\n(b) provide a copy of the report to the Director.\n42D Annual reports\n(1) The Commission must provide a report to the Minister on the\noperations of the Commission during each financial year.\n(2) The report is to contain information about:\n(a) the organisation of the Commission, including the number of\nemployees at each salary level or salary range in the\nCommission and any variation in those numbers since the last\nreport;\n(b) the Commission's operations, initiatives and achievements\n(including those relating to planning, efficiency, effectiveness\nand performance and, where appropriate, delivery of services\nto the community);\n(c) the financial planning and performance of the Commission;\n(d) equal opportunity management programs and other initiatives\ndesigned to ensure that employees employed in the\nCommission have equal employment opportunities;\n(e) management training and staff development programs in the\nCommission; and\n(f) occupational health and safety programs in the Commission.\n(3) The report is to include:\n(a) the financial statement prepared under section 42C; and\n(b) the report provided to the Director under section 42C(6)(b),\nin relation to the financial year.\n(4) The report is to be provided to the Minister:\n(a) within 6 months after the end of the financial year to which it\nrelates; or\n(b) within a longer period determined by the Treasurer.\n\nPart VII Finances of Commission\nDivision 2 Funds of the Commission\nLegal Aid Act 1990 28\n(5) The Minister must table a copy of the report in the Legislative\nAssembly within 6 sitting days after he or she receives the report.\nDivision 2 Funds of the Commission\n43 Establishment of Legal Aid Fund\n(1) There is established by this section a fund to be known as the Legal\nAid Fund.\n(2) The Fund shall consist of:\n(a) money paid to, or recovered by, the Commission under this\nAct (other than money received or held by the Commission on\ntrust);\n(b) money paid to the Commission, being money appropriated by\nthe Parliament of the Territory or the Commonwealth for the\npurposes of the Commission;\n(c) other money paid to the Commission for the purposes of the\nprovision of legal assistance or otherwise for the purposes of\nthe Fund; and\n(d) income derived from the investment of money forming part of\nthe Fund.\n(3) The Legal Aid Fund shall be controlled and administered by the\nCommission.\n44 Establishment of Contingency Legal Aid Fund\n(1) There is established by this section a fund to be known as the\nContingency Legal Aid Fund.\n(2) The Contingency Legal Aid Fund shall consist of money paid or lent\nto it by any person.\n(3) The Contingency Legal Aid Fund shall be controlled and\nadministered by the Commission.\n45 Application of funds\n(1) Money in the Legal Aid Fund shall be applied only:\n(a) in the discharge of obligations and liabilities of the\nCommission arising under this Act;\n(b) in the payment of remuneration and allowances payable under\nthis Act; and\n\nPart VIII Administrative provisions relating to Commission\nLegal Aid Act 1990 29\n(c) as a loan or payment to the Contingency Legal Aid Fund.\n(2) Money in the Contingency Legal Aid Fund shall be applied only:\n(a) to provide legal assistance to bring or defend a civil\nproceeding, including the provision of such assistance by\nofficers; or\n(b) to repay money lent to it by the Legal Aid Fund together with\ninterest, if any, charged on the money.\n(3) Money standing to the credit of either 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 1893, but not otherwise.\n(4) The Commission may authorize the Treasurer to invest money\nstanding to the credit of either Fund on its behalf and the Treasurer\nmay invest that money accordingly.\n46 Limitation of liability of Contingency Legal Aid Fund\nNotwithstanding anything in this Act, the liability of the Commission\nin relation to assistance to be made available from the Contingency\nLegal Aid Fund shall not exceed the amount from time to time\nstanding to the credit of that Fund.\nPart VIII Administrative provisions relating to\nCommission\n47 Tenure of office\nSubject to this Part, a Commissioner other than the Director or a\nperson appointed under section 51A to act in the place of a\nCommissioner, holds office for such period, not exceeding 3 years,\nas is specified in the instrument of appointment, but is eligible for\nre-appointment.\n48 Qualifications for appointment\nA person is not eligible for appointment as the Chairman of the\nCommission unless the person is:\n(a) a Supreme Court Judge or Local Court Judge; or\n(b) a lawyer who has been admitted to the legal profession for at\nleast 5 years.\n\nPart VIII Administrative provisions relating to Commission\nLegal Aid Act 1990 30\n49 Resignation\nA Commissioner, other than the Director or a person appointed\nunder section 51A to act in the place of a Commissioner, may\nresign office by writing signed by him or her delivered to the\nMinister.\n50 Removal from office\n(1) The Minister may remove a Commissioner, other than the Director\nor a person appointed under section 51A to act in the place of a\nCommissioner, from office for misbehaviour or physical or mental\nincapacity.\n(2) If a Commissioner, other than the Director or a person appointed\nunder section 51A to act in the place of a Commissioner:\n(a) becomes bankrupt, applies to take the benefit of any law for\nthe relief of bankrupt or insolvent debtors, compounds with his\nor her creditors or makes an assignment of his or her\nremuneration for their benefit;\n(b) is absent, except by leave of the Commission, from\n3 consecutive meetings of the Commission; or\n(c) fails to comply with his or her obligations under section 53,\nthe Minister shall remove the Commissioner from office.\n51 Acting Chairman of Commission\n(1) The Minister may appoint a Commissioner who is eligible for\nappointment as Chairman to act in the office of Chairman where:\n(a) there is a vacancy in the office, whether or not an appointment\nhas previously been made to the office; or\n(b) the Chairman is, or is expected to be, absent from duty or\nfrom the Territory or is, for any reason, unable to perform the\nduties of his or her office.\n(2) The Minister may at any time terminate an appointment under this\nsection.\n(3) A person appointed to act in the office of Chairman may resign the\nappointment by writing signed by him or her delivered to the\nMinister.\n(4) The validity of anything done by a person acting in the office of\nChairman shall not be called in question on the ground that the\n\nPart VIII Administrative provisions relating to Commission\nLegal Aid Act 1990 31\noccasion for his or her appointment had not arisen or that the\nappointment had ceased to have effect or that the occasion for the\nperson to act had not arisen or had ceased.\n51A Regional representatives of staff-elected Commissioner\n(1) The Commission may appoint a member of the staff of the\nCommission employed at a place outside Darwin to act at a\nmeeting of the Commission in the place of the Commissioner\nappointed under section 6(1)(f).\n(2) A person appointed under subsection (1) may, with the consent of\nthe Commissioner appointed under section 6(1)(f), act in the place\nof the Commissioner at a meeting of the Commission.\n(3) The Commission may at any time terminate an appointment under\nsubsection (1).\n(4) A person appointed under subsection (1) may resign from the\nappointment at any time by writing signed by him or her delivered to\nthe Commission.\n52 Meetings\n(1) Subject to subsection (2), the Chairman shall call such meetings of\nthe Commission as are necessary for the performance of the\nfunctions of the Commission.\n(2) The Chairman shall call a meeting of the Commission if requested\nin writing to do so by 3 Commissioners.\n(3) The Chairman shall preside at all meetings of the Commission at\nwhich he or she is present.\n(4) If the Chairman is not present at a meeting of the Commission, the\nCommissioners present shall elect one of their number to preside at\nthe meeting.\n(5) At a meeting of the Commission:\n(a) 4 Commissioners constitute a quorum;\n(b) questions arising shall be determined by a majority of the\nvotes of the Commissioners present and voting and in the\nevent of an equality of votes the person presiding at the\nmeeting shall have a casting vote in addition to his or her\ndeliberative vote; and\n(c) subject to this Act, the Commission shall determine the\nprocedure to be followed at or in connection with the meeting.\n\nPart IX Miscellaneous\nLegal Aid Act 1990 32\n(6) The Commission shall cause minutes to be kept of its meetings.\n53 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\nCommission, otherwise than as a member of, and in common with\nthe other members of, an incorporated company which consists of\nmore than 25 persons and of which he or she is not a director,\nshall, as soon as possible after the relevant facts have come to his\nor her knowledge, disclose the nature of his or her interest at a\nmeeting of the Commission.\n(2) A disclosure under subsection (1) shall be recorded in the minutes\nof the meeting of the Commission and the Commissioner shall not\nbe present during any deliberation of the Commission in relation to\nthat matter.\nPart IX Miscellaneous\n54 Delegation\n(1) The Commission, Minister or Director may, by instrument in writing,\ndelegate to a person any of its or his or her powers and functions\nunder this Act, other than this power of delegation.\n(2) A power or function delegated under this section, when exercised\nor performed by the delegate, shall, for the purpose of this Act, be\ndeemed to have been exercised or performed by the Commission,\nMinister or Director, as the case may be.\n(3) A delegation under this section does not prevent the exercise of a\npower or the performance of a function by the Commission, Minister\nor Director.\n55 Secrecy\n(1) This section applies to:\n(a) every person who is or has been a Commissioner, an officer\nor other person employed in the service of the Commission, a\nmember of a Legal Aid Committee, a member of a Review\nCommittee; and\n(b) any person who has performed any function in relation to this\nAct under the Financial Management Act 1995 or the Audit\nAct 1995.\n\nPart IX Miscellaneous\nLegal Aid Act 1990 33\n(2) A person to whom this section applies shall not, either directly or\nindirectly, except for the purpose of this Act:\n(a) make a record of, or divulge or communicate to a person, any\ninformation concerning the affairs of another person acquired\nby him or her by reason of his or her office or employment\nunder or for the purposes of this Act or in the performance of a\nfunction under this Act; or\n(b) produce to a person a document relating to the affairs of\nanother person furnished for the purposes of this Act.\nMaximum penalty: 17 penalty units or imprisonment for\n6 months.\n(3) Subject to sections 18 to 21 inclusive of the Audit Act 1995, a\nperson to whom this section applies shall not be required to\nproduce before a court a document relating to the affairs of another\nperson of which he or she has the custody or to which he or she\nhas access, by virtue of his or her office or employment under or for\nthe purposes of this Act or in the performance of a function under\nthis Act, or to divulge or to communicate to a court any information\nconcerning the affairs of another person obtained by him or her by\nreason of such an office or employment or in the performance of\nsuch a function.\n(3A) Subsections (2) and (3) do not apply to:\n(a) an investigation undertaken in respect of the commission of an\noffence against this Act or proceedings for an offence against\nthis Act;\n(b) a proceeding under Chapter 4 of the Legal Profession\nAct 2006, including a proceeding initiated by the Commission\nin respect of the professional conduct of a private legal\npractitioner whose services have been made available under\nthis Act to legally assisted persons; or\n(c) proceedings brought by the Commission under section 29\nor 32 to recover money payable to the Commission.\n(4) Subsection (3) does not apply if the court considers that it is\nnecessary in the interests of justice that the document be produced\nor the information be divulged or communicated.\n(5) This section does not affect any law or rule of practice or procedure\nrelating to the discovery of documents in a proceeding in respect of\nwhich legal assistance is provided to a person under this Act.\n(6) In this section, court includes a tribunal.\n\nPart IX Miscellaneous\nLegal Aid Act 1990 34\n56 Liabilities of Commission\n(1) The Commission has the same liability for acts or omissions by an\nofficer in the course of the performance of the officer's duties as a\nmaster has for acts or omissions of his or her servants.\n(2) A member of the Commission, of a Legal Aid Committee or of a\nReview Committee is not liable for any act or omission of the\nmember, of the Commission, or of the Committee of which he or\nshe is a member, if the act was done, or the omission occurred, in\ngood faith in the performance of a function under this Act.\n57 False or misleading statements\n(1) A person shall not:\n(a) make, whether orally or in writing, a false or misleading\nstatement in connection with, or in support of, an application\nfor legal assistance; or\n(b) furnish to the Commission in connection with an application for\nlegal assistance a document that is false or misleading in a\nmaterial particular.\nMaximum penalty: 17 penalty units.\n(2) Where:\n(a) a person is found guilty of an offence against subsection (1) in\nrespect of an application for legal assistance;\n(b) legal assistance under this Act was granted on the application;\nand\n(c) the Commission incurred expenses in providing the 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\nequal to the amount of those expenses incurred by the\nCommission.\n(3) For the purposes of subsection (2), a certificate in writing signed by\nthe Director, or by a person acting in the office of Director, certifying\nthat the Commission incurred expenses of an amount specified in\nthe certificate in providing legal assistance on an application\nidentified in the certificate is prima facie evidence of the matters\nstated in the certificate.\n\nPart IX Miscellaneous\nLegal Aid Act 1990 35\n58 Certificate as to amounts owing to Commission\nIn an action against a person for the recovery of an amount payable\nto the Commission under section 29 or 32, a certificate in writing\nsigned by the Director, or by a person acting in the office of\nDirector, certifying that the amount specified in the certificate was,\nat the date of the certificate, payable by the first-mentioned person\nto the Commission under that section is prima facie evidence of the\nmatters stated in the certificate.\n59 Costs may be charged on land\n(1) Any amount required to be paid to the Commission by an assisted\nperson which is subject to a condition under section 29(1)(c)(i) is,\non and from the lodging of the relevant application referred to in\nsubsection (2) until paid or recovered, a statutory charge within the\nmeaning of the Land Title Act 2000, for the benefit of the Legal Aid\nFund on any land which is recovered or preserved for the assisted\nperson in the proceedings.\n(2) The Director may, in the name and on behalf of the Commission,\napply under section 86 of the Land Title Act 2000 to have the\ncharge registered.\n(5) When:\n(a) the amount charged is paid or recovered;\n(b) payment of the amount charged is waived by the Commission;\nor\n(c) the amount charged is otherwise secured,\nthe Director shall request the Registrar-General to cancel the\nregistration of the charge and the Registrar-General shall comply\nwith the request.\n(6) If land is charged under this section, the Registrar-General shall not\nregister a transfer or mortgage of that land without the consent of\nthe Director.\n(7) Stamp duty is not payable on a notice lodged under this section.\n60 Regulations\nThe Administrator may make regulations, not inconsistent with this\nAct, prescribing matters:\n(a) required or permitted by this Act to be prescribed; or\n\nPart X Transitional\nLegal Aid Act 1990 36\n(b) necessary or convenient to be prescribed for carrying out or\ngiving effect to this Act.\nPart X Transitional\n61 Definitions\nIn this Part:\nAustralian Legal Aid Office means that part of the Office of Legal\nAid Administration Division of the Attorney-General's Department of\nthe Commonwealth that is designated the Australian Legal Aid\nOffice and that operates in the Territory.\neligible person means a person employed in the Australian Legal\nAid Office.\n62 Legal aid provided by Australian Legal Aid Office\n(1) An application for legal aid made to the Australian Legal Aid Office\nwhich has not been determined immediately before the\ncommencement of this Act shall be deemed to be an application\nunder section 23.\n(2) Where, before the commencement of this Act, the Australian Legal\nAid Office was performing services on behalf of a person by way of\nlegal aid, then, as from that commencement, the services shall, so\nfar as is necessary, continue to be performed on behalf of the\nperson by the Commission.\n(3) A private legal practitioner who, immediately before the\ncommencement of this Act, was acting for a person in a matter in\nthe course of the operations of the Australian Legal Aid Office shall,\nin respect of that matter, be deemed to be a private legal\npractitioner to whom the Commission has assigned work under this\nAct.\n(4) Services:\n(a) performed on or after the commencement of this Act by the\nCommission on behalf of a person under subsection (2); or\n(b) carried out on or after the commencement of this Act by a\nprivate legal practitioner under subsection (3),\n\nPart X Transitional\nLegal Aid Act 1990 37\nshall, notwithstanding anything to the contrary in this Act, be\nperformed or carried out subject to any conditions attached to, and\nthe policies of the Australian Legal Aid Office in relation to, the\nperformance or carrying out of the services before that\ncommencement.\n(5) For the purposes of subsection (4), the Commission shall be\ndeemed to stand in the place of and shall have all or any of the\nrights, duties and obligations of the Australian Legal Aid Office in\nrespect of the performance or carrying out of the services referred\nto in that subsection before the commencement of this Act.\n(6) On and from the commencement of this Act, the Director shall be\ndeemed to be the solicitor for a person in any proceeding in a court,\nor in any other matter, in which an officer or employee of the\nAustralian Legal Aid Office was acting in the course of the\noperations of that Office as the solicitor for the person immediately\nbefore that commencement.\n64 Validation\nAn agreement entered into before the commencement of this Act,\nand anything done before that commencement in accordance with\nany such agreement, that would have been valid if entered into or\ndone after that commencement is validated.\n\nENDNOTES\nLegal Aid Act 1990 38\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nLegal Aid Act 1990 (Act No. 30, 1990)\nAssent date 11 June 1990\nCommenced 1 July 1990 (Gaz S40, 29 June 1990)\nLegal Aid Amendment Act 1992 (Act No. 75, 1992)\nAssent date 14 December 1992\nCommenced 14 December 1992\nPublic Sector Employment and Management (Consequential Amendments) Act 1993\n(Act No. 28, 1993)\nAssent date 30 June 1993\nCommenced 1 July 1993 (s 2, s 2 Public Sector Employment and\nManagement Act 1993 (Act No. 11, 1993) and Gaz S53,\n29 June 1993)\nStatute Law Revision Act (No. 2) 1993 (Act No. 70, 1993)\nAssent date 9 November 1993\nCommenced 9 November 1993\nReal Property (Statutory Charges Consequential Amendments) Act 1993 (Act No. 77,\n1993)\nAssent date 23 November 1993\nCommenced 1 October 1994 (s 2, s 2 Real Property Amendment Act\n(No. 2) 1993 (Act No. 76, 1993) and Gaz G37,\n14 September 1994, p 2)\nFinancial Management (Consequential Amendments) Act 1995 (Act No. 5, 1995)\nAssent date 21 March 1995\nCommenced 1 April 1995 (s 2, s 2 Financial Management 1995 (Act No. 4,\n1995) and Gaz S13, 31 March 1995)\n\nENDNOTES\nLegal Aid Act 1990 39\nSentencing (Consequential Amendments) Act 1996 (Act No. 17, 1996)\nAssent date 19 April 1996\nCommenced s 7: 19 April 1996; rem: 1 July 1996 (s 2, s 2 Sentencing\nAct 1995 (Act No. 39, 1995) and Gaz S15, 13 June 1996)\nLegal Aid Amendment Act 1998 (Act No. 78, 1998)\nAssent date 21 October 1998\nCommenced 1 January 1999 (Gaz G45, 18 November 1998, p 4)\nLegal Aid Amendment Act 1999 (Act No. 63, 1999)\nAssent date 14 December 1999\nCommenced 1 February 2000 (Gaz G1, 12 January 2000, p 6)\nLand Title (Consequential Amendments) Act 2000 (Act No. 45, 2000)\nAssent date 12 September 2000\nCommenced 1 December 2000 (s 2, s 2 Land Title Act 2000 (Act No. 2,\n2000) and Gaz G38, 27 September 2000, p 2)\nStatute Law Revision Act (No. 2) 2001 (Act No. 62, 2001)\nAssent date 11 December 2001\nCommenced 11 December 2001\nJustice Legislation Amendment Act (No. 2) 2006 (Act No. 35, 2006)\nAssent date 3 November 2006\nCommenced 3 November 2006\nLegal Profession (Consequential Amendments) Act 2007 (Act No. 7, 2007)\nAssent date 17 May 2007\nCommenced s 10: 1 July 2007 (Gaz G26, 27 June 2007, p 3);\nrem: 17 May 2007\nJustice Legislation Amendment (Penalties) Act 2010 (Act No. 12, 2010)\nAssent date 20 May 2010\nCommenced 1 July 2010 (Gaz G24, 16 June 2010, p 2)\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n29 April 2016)\nStatute Law Revision Act 2020 (Act No. 26, 2020)\nAssent date 19 November 2020\nCommenced 20 November 2020\n3 SAVINGS AND TRANSITIONAL PROVISIONS\ns 12 Legal Aid Amendment Act 1998 (Act No. 78, 1998)\n4 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22 of 2018) to: ss 1, 4, 11, 18, 19, 20, 30, 42,\n45, 55 and 59 and lt.\n\nENDNOTES\nLegal Aid Act 1990 40\n5 LIST OF AMENDMENTS\nlt amd No. 26, 2020, s 3\ns 4 amd No. 28, 1993, s 3; No. 78, 1998, s 4; No. 63, 1999, s 4; No. 62, 2001,\ns 15; No. 7, 2007, s 16\ns 6 amd No. 63, 1999, s 5\ns 8 amd No. 35, 2006, s 25\ns 11 amd No. 5, 1995, s 19; No. 78, 1998, s 5\ns 18 amd No. 28, 2993, s 3; No. 70, 1993, s 8; No. 78, 1998, s 6; No. 7, 2007, s 16\ns 19 amd No. 7, 2007, s 16\ns 19A ins No. 78, 1998, s 7\ns 20 sub No. 28, 1993, s 3\namd No. 7, 2007, s 16\ns 30 amd No. 78, 1998, s 8; No. 7, 2007, s 16\npt 7\ndiv 1 hdg ins No. 78, 1998, s 9\ns 42 rep No. 5, 1995, s 19\nins No. 78, 1998, s 9\nss 42A – 42D ins No. 78, 1998, s 9\npt 7\ndiv 2 hdg ins No. 78, 1998, s 9\ns 45 amd No. 5, 1995, s 19; No. 78, 1998, s 10\ns 47 amd No. 63, 1999, s 6\ns 48 amd No. 7, 2007, s 16; No. 8, 2016, s 45\ns 49 amd No. 63, 1999, s 7\ns 50 amd No. 63, 1999, s 8\ns 51A ins No. 63, 1999, s 9\ns 52 amd No. 63, 1999, s 10\ns 55 amd No. 75, 1992, s 2; No. 5, 1995, s 19; No. 7, 2007, s 16; No. 3, 2010, s 3\ns 57 amd No. 17, 1996, s 6; No. 3, 2010, s 3\ns 59 amd No. 77, 1993, s 8; No. 45, 2000, s 11\ns 63 amd No. 28, 1993, s 3\nrep No. 78, 1998, s 11\ns 65 amd No. 7, 2007, s 16","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act’s operational scope has expanded since its original enactment: later amendments introduced explicit financial-accountability and reporting duties for the Director and Commission (ss 42A–42D inserted; see endnotes showing insertion No. 78, 1998 s 9), created the Contingency Legal Aid Fund with a capped liability (ss 44–46), added staff-elected/regional representation (s 6(1)(f) and s 51A), and tightened private-practitioner payment and oversight arrangements (s 30 amended). These changes shift the statute from a basic establishment of legal-aid services toward a more detailed governance and finance regime with clearer audit, investment and recovery mechanics (see ss 43–46, 42A–42D, 30)."},"complexity_factors":["Multiple decision-makers and levels of review (Commission, Director, Legal Aid Committees, officers, Review Committees) create layered discretion and procedural rules (see ss 5–7, 18, 24, 35–41).","Wide financial regime: two separate funds (Legal Aid Fund and Contingency Legal Aid Fund), investment powers and a statutory cap on Contingency liability (ss 43–46, 45(2), 46).","Significant delegated discretion guided by required public guidelines (s 12) but leaving many ‘reasonable’ judgements to the Commission or Director (eg. eligibility and reasonableness in s 26).","Detailed arrangements for engaging, listing, remunerating and disciplining private legal practitioners, including fixed-fee aims, deferral/refusal of payments and right to Supreme Court review of listing decisions (s 30(1)–(13)).","Recovery mechanisms create creditor-like powers: assignment of recoverable amounts, statutory charge on land, and certificates as prima facie evidence for recovery (ss 32(5)–(7), 59, 58).","Accountability and reporting obligations tied to the Audit Act and Treasurer directions, plus specific Director financial duties and required manuals (ss 42–42D, 42A–42C).","Confidentiality and secrecy rules with criminal penalties, but with specified exceptions for prosecutions, disciplinary proceedings and recovery actions (s 55, s 55(3A)).","Offences and sanctions (false or misleading statements, recovery orders) add compliance risk for applicants and practitioners (ss 57, 57(2))."],"plain_english_summary":"Establishes the Northern Territory Legal Aid Commission to provide legal assistance (advice, duty lawyer services, and financial help for civil proceedings), creates dedicated funds, and sets rules on eligibility, contributions, recovery and use of private practitioners. It assigns decision-making to the Commission, the Director, Legal Aid Committees and Review Committees and requires published guidelines. It affects people who cannot afford private legal services, private lawyers who may be engaged and paid under Commission rules, and Territory/Commonwealth funding and accountability arrangements."},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation appears to maintain its original scope as established in 1990. While there have been numerous amendments (as shown in the endnotes) updating references to other Acts and refining administrative processes, the core purpose—establishing a Legal Aid Commission to provide legal assistance to disadvantaged persons—remains unchanged. The amendments appear to be maintenance updates rather than expansions into new policy areas."},"complexity_factors":["Multiple decision-making bodies with overlapping functions (Commission, Legal Aid Committees, Review Committees, Director)","Two separate funds with different purposes and restrictions (Legal Aid Fund vs Contingency Legal Aid Fund)","Detailed financial recovery mechanisms including statutory charges on land (section 59), assignment of rights (section 32), and contribution conditions (section 29)","Nested review processes: reconsideration by original decision-maker, then review by independent Review Committee (Part VI)","Extensive cross-referencing to other NT legislation (Audit Act 1995, Legal Profession Act 2006, Land Title Act 2000, Trustee Act 1893, Public Sector Employment and Management Act 1993)","Specific eligibility criteria with multiple exceptions and conditions (sections 26, 28, 29)","Detailed procedural rules for private practitioner panel membership including Supreme Court appeal rights (section 30)","Transitional provisions dealing with predecessor body (Australian Legal Aid Office) in Part X"],"plain_english_summary":"**What this law does:**\n\nThis is the **Northern Territory Legal Aid Act 1990**. It creates a government body called the **Legal Aid Commission** to provide free or subsidised legal help to people who can't afford a private lawyer.\n\n**Who it affects:**\n\n*   **People who need legal help but can't pay:** If you're facing court or need legal advice and you meet the financial tests, this Act sets up how you can get help.\n*   **Private lawyers:** The Commission can pay private lawyers to take on legal aid cases, and the Act sets the rules for how they get paid and what they can charge.\n*   **The Commission itself:** It establishes the Commission as a corporate body with a board (Commissioners), a Director who runs day-to-day operations, and staff who are lawyers.\n\n**Key things the Act covers:**\n\n*   **How legal aid is decided:** Applications are assessed based on whether you can afford a lawyer (means test) and whether your case has merit (merits test). The Act sets up **Legal Aid Committees** to make these decisions.\n*   **Types of help:** This includes legal advice, having a \"duty lawyer\" at court for urgent matters, and full representation in court cases.\n*   **Paying it back:** If you win money from your case, you may have to pay some or all of your legal aid costs back to the Commission. The Act also allows the Commission to place a **charge on your property** (like a mortgage) to secure these costs.\n*   **Review process:** If your application is refused, you can ask for a **reconsideration** and then a **review by an independent Review Committee**.\n*   **Two funds:** The Act establishes a **Legal Aid Fund** (for general operations) and a **Contingency Legal Aid Fund** (specifically for risky civil cases where you might win money).\n*   **Professional standards:** Lawyers working for Legal Aid must follow the same ethical rules as private lawyers, and your conversations with them are confidential (privileged).\n\n**Why it matters:**\n\nThis Act is the backbone of access to justice in the NT. It ensures that having no money doesn't automatically mean you lose your legal rights. It balances helping vulnerable people with managing public money responsibly—making sure the Commission doesn't go broke and that people who can afford to contribute do so."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/legal-aid-act-1990","history":"/api/acts/legal-aid-act-1990/history","analysis":"/api/acts/legal-aid-act-1990/analysis","conflicts":"/api/acts/legal-aid-act-1990/conflicts","importantCases":"/api/acts/legal-aid-act-1990/important-cases","documents":"/api/acts/legal-aid-act-1990/documents"}}