{"id":"legal-aid-commission-consultative-committees-rules-1978","name":"Legal Aid Commission (Consultative Committees) Rules 1978","slug":"legal-aid-commission-consultative-committees-rules-1978","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":178457,"registerId":"wa-legal-aid-commission-consultative-committees-rules-1978-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Legal Aid Commission (Consultative Committees) Rules 1978","content":"![Crest]()Western Australia\n\nLegal Aid Commission Act 1976\n\nLegal Aid Commission (Consultative Committees) Rules 1978\n\nWestern Australia\n\nLegal Aid Commission (Consultative Committees) Rules 1978\n\nContents\n\n1. Citation 1\n\n2. Definitions 1\n\n3. Chairman 1\n\n4. Secretary 2\n\n5. Quorum 2\n\n6. Meetings 2\n\n7. Voting at meetings 2\n\n8. Records 3\n\n9. Disputes 3\n\n10. Business 3\n\n11. Procedure 3\n\nNotes\n\nCompilation table 4\n\nDefined terms\n\n  \n\nWestern Australia\n\nLegal Aid Commission Act 1976\n\nLegal Aid Commission (Consultative Committees) Rules 1978\n\n##### 1. Citation\n\nThese rules may be cited as the *Legal Aid Commission (Consultative Committees) Rules 1978* 1.\n\n##### 2. Definitions\n\nThe Act means the *Legal Aid Commission Act 1976* (as amended);\n\n  Chairman means a chairman of a Consultative Committee elected pursuant to these Rules;\n\n  Committee means a Consultative Committee established under section 62A of the Act;\n\n  Director means the Director of Legal Aid appointed under section 18 of the Act;\n\n  Meeting means a Meeting of a Consultative Committee;\n\n  Secretary means the Secretary of a Consultative Committee elected pursuant to these Rules.\n\n##### 3. Chairman\n\n(a) The Chairman shall be elected by the members of the Committee.\n\n(b) The Chairman shall, when present, preside at any meeting of the Committee.\n\n(c) In the absence of the Chairman the members who are present at any meeting may elect one of their number to preside at that meeting.\n\n##### 4. Secretary\n\n(a) The members of each Committee shall elect a Secretary from amongst their number.\n\n(b) Subject to these Rules the Secretary shall have such duties as the Committee shall from time to time determine.\n\n##### 5. Quorum\n\nTo constitute a meeting there must be no fewer than one half of the members present.\n\n##### 6. Meetings\n\n(a) If possible, at each meeting the Committee shall fix the time and place for its next meeting and no further notice need be given to members then present. The Secretary shall promptly and in writing notify the Director (if he is not a member) and any member who was not then present.\n\n(b) The Chairman shall on his own motion from time to time convene such other meetings as are necessary in order for the Committee to perform and exercise its powers and functions under the Act.\n\n(c) Subject to subrule (a) meetings shall be called by not less than 4 days written notice. Provided that in the case of an urgency meeting the notice may be by telephone and less than 4 clear days before the meeting.\n\n##### 7. Voting at meetings\n\n(a) At any meeting all questions shall be decided by a majority of the members present and voting.\n\n(b) Voting shall be by show of hands.\n\n(c) Each member, including the member presiding, will have a deliberative vote only.\n\n(d) Where there is an equality of votes the question shall be declared to be negatived.\n\n##### 8. Records\n\n(a) The Secretary shall keep proper minutes of the proceedings.\n\n(b) A copy of the minutes as taken by the Secretary shall be sent to each member and to the Director (if he is not a member) as soon as possible after each meeting.\n\n(c) Confirmation of the minutes shall be the first business at the next meeting.\n\n##### 9. Disputes\n\nIn all cases of dispute, doubt or difficulty arising out of matters of procedure or order the decision of the member presiding shall be final and conclusive.\n\n##### 10. Business\n\nThe Committee shall consider all matters referred to it by the Legal Aid Commission of Western Australia.\n\n##### 11. Procedure\n\nSubject to the Act and these Rules the proceedings may be regulated in such manner as the members think fit.\n\nNotes\n\n1 This is a compilation of the *Legal Aid Commission (Consultative Committees) Rules 1978.* The following table contains information about these rules.\n\nCompilation table\n\n| **Citation** | **Gazettal** | **Commencement** |\n| --- | --- | --- |\n| *Legal Aid Commission (Consultative Committees) Rules 1978* | 30 Jun 1978 p. 2137‑8 | 30 Jun 1978 |\n| **Reprint of the *Legal Aid Commission (Consultative Committees) Rules 1978* as at 6 Dec 2002** | | |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nChairman 2\n\nCommittee 2\n\nDirector 2\n\nMeeting 2\n\nSecretary 2\n\nThe Act 2\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The Rules remain narrowly focused on internal meeting and procedural arrangements for Consultative Committees established under the Legal Aid Commission Act 1976. They do not expand the committees’ substantive powers, create new external obligations, or alter the Commission’s statutory remit. The compilation notes and reprint history do not change scope; any changes since 1978 would be drafting or clerical (e.g. punctuation, reprint dates) rather than an expansion of purpose."},"complexity_factors":["Short instrument: 11 rules, concise text","Few defined terms: 6 defined terms in Rule 2 (The Act, Chairman, Committee, Director, Meeting, Secretary)","Minimal cross-referencing: only to the Legal Aid Commission Act 1976 (sections 18 and 62A implicitly)","Simple conditional logic: quorum set as one half (Rule 5); urgency exception to notice (Rule 6(c)); absence of Chair allows election of presiding member (Rule 3(c))","Limited exceptions: tie votes are negatived (Rule 7(d)); presiding member’s procedural ruling is final (Rule 9)","Some open-ended discretion: Secretary’s duties determined by committee (Rule 4(b)); committees may regulate proceedings as they see fit subject to the Act and these Rules (Rule 11)","Routine administrative requirements: minutes, circulation to members and Director (Rule 8)","No external enforcement provisions or penalties – internal governance only"],"plain_english_summary":"**What these rules do (mechanically)**\n\n- These Rules set the internal meeting and decision-making rules for Consultative Committees that the Legal Aid Commission of Western Australia establishes under the Legal Aid Commission Act 1976 (see Rule 2 definition of “Committee” and Act cross-references).\n- They require the committee members to elect a Chair (Rule 3) and a Secretary (Rule 4); the Chair presides at meetings when present and, if absent, the members present may elect a temporary presiding member (Rule 3(b)–(c)).\n- A meeting requires at least one half of the members present to make decisions (quorum) (Rule 5).\n- Meetings are normally called on at least 4 days’ written notice; urgency meetings may be called on shorter notice and by telephone (Rule 6(c)). Meetings may fix the next meeting time at the end of the current meeting and then only those not present must be separately notified (Rule 6(a)). The Chair may convene such meetings as needed (Rule 6(b)).\n- Decisions at meetings are by majority of members present and voting; voting is by show of hands; the presiding member has the same deliberative vote as others; ties are lost (question is negatived) (Rule 7).\n- The Secretary must keep minutes, circulate them to members and to the Director of Legal Aid if the Director is not a member, and the minutes are confirmed as the first business at the next meeting (Rule 8).\n- The presiding member’s ruling on procedure and order is final in cases of dispute or doubt about procedure (Rule 9).\n- The Committee’s remit under these Rules is to consider matters referred to it by the Legal Aid Commission (Rule 10).\n- Subject to the Act and these Rules, the committee members may regulate their own proceedings in the manner they think fit (Rule 11).\n\n**Who is affected and who decides**\n\n- Affected: members of any Consultative Committee established under section 62A of the Legal Aid Commission Act 1976, the Secretary and Chair of those committees, and the Director of Legal Aid (to the extent the Director is not a member and must receive minutes).\n- Decision-makers: the committee members themselves (they elect Chair and Secretary, regulate procedure and duties subject to these Rules) and the presiding member who resolves procedural disputes (Rule 9).\n- Who pays/implements: administrative tasks (calling meetings, minute-taking, circulating minutes) fall on the Commission/Committee’s existing administrative resources; there is no new charging or external regulatory enforcement mechanism in these Rules.\n\n**Why it matters (stated purpose and practical implications)**\n\n- Purpose-claim: these Rules exist to provide predictable, simple procedures for the Consultative Committees so they can carry out their functions under the Act (Rules 1 and 10, plus cross-reference to the Act in Rule 2).\n\n- Practical implications and trade-offs:\n  - Low compliance and administrative cost: obligations are limited to routine meeting practice (notice, quorum, minutes). These impose small time costs on committee members and minimal record-keeping duties on the Secretary (Rules 6, 5, 8).\n  - Delegated discretion inside the committee: members may decide the Secretary’s duties and regulate proceedings subject to the Act and these Rules (Rules 4(b), 11). That gives committees flexibility but also creates variability between committees and places responsibility on members to set clear internal rules.\n  - Concentration of procedural authority: the presiding member’s ruling on procedure is final (Rule 9). This reduces formal appeal routes over process but places power to determine procedural disputes in a single person at meetings.\n  - Responsiveness vs. notice certainty: the Rules allow short-notice telephone meetings for urgent matters (Rule 6(c)), trading off certainty of written notice against the ability to act quickly when needed.\n  - Limited substantive reach: the Rules do not change the Committees’ substantive powers or membership under the Act; they only regulate meeting procedure (Rule 10). They therefore do not create new powers affecting third parties or markets.\n\n**Concrete behavioural changes required**\n\n- Members must attend enough meetings to meet the one-half quorum requirement (Rule 5).\n- Committees must elect officers (Chair and Secretary) and operate meetings by majority vote and show-of-hands (Rules 3, 4, 7).\n- Secretaries must keep and circulate minutes promptly, including to the Director where the Director is not a member (Rule 8).\n- The presiding member’s procedural rulings are binding at meetings (Rule 9).\n\n**Implementation risks and compliance burden**\n\n- Implementation risk is low: the rules mirror standard meeting practice and place few novel administrative burdens on the Commission.\n- Compliance burden is small and internal: time spent on electing officers, calling meetings with appropriate notice, minute-taking and circulating records. No external reporting or sanctions mechanism is introduced by these Rules.\n\n**Notes on drafting style and modern considerations**\n\n- The text contains brief, permissive provisions that give committees latitude to set internal practices (Rules 4(b) and 11). These are efficient but mean different committees may adopt different local procedures.\n- The Rules use gendered wording for the Director; they predate common modern drafting conventions that allow electronic notices and remote participation. Those are not explicitly provided for and would need updating if intended.\n\nOverall, these Rules are a compact procedural code for Consultative Committees: they set how meetings are called and decided, who records decisions, and who resolves procedural disputes — without altering the Committees’ substantive role under the Act (see Rules 3–11)."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: establishing procedural rules for Consultative Committees under the Legal Aid Commission Act 1976. The scope has not expanded beyond basic meeting administration, voting procedures, and record-keeping for these advisory bodies."},"complexity_factors":["Only 6 defined terms in a single interpretation section (section 2)","Straightforward procedural rules with minimal cross-referencing (only references to the parent Act and these Rules themselves)","No nested exceptions or conditional logic — most provisions are direct commands or simple conditions","Short document: 11 substantive sections covering basic meeting mechanics","Single layer of regulation (subordinate legislation under one Act) with no external statutory references beyond the parent Act"],"plain_english_summary":"**What this legislation does:**\n\nThese Rules set up the practical \"housekeeping\" arrangements for **Consultative Committees** that advise Western Australia's Legal Aid Commission. Think of these committees as local advisory groups that help the Commission understand community needs regarding legal aid services.\n\n**Who it affects:**\n\n* **Members of Consultative Committees** — people appointed to advise on legal aid matters in specific regions or areas\n* **The Director of Legal Aid** — who receives meeting notices and minutes (unless they're already a committee member)\n* **The Legal Aid Commission itself** — which refers matters to these committees for consideration\n\n**Key practical arrangements:**\n\n* **Leadership**: Committees elect their own **Chairman** (who runs meetings) and **Secretary** (who keeps records) from among their members\n* **Meetings**: Need at least **half the members present** to make decisions. Regular meetings require 4 days' written notice, though urgent meetings can be called by phone with shorter notice\n* **Decision-making**: Simple majority vote by show of hands; the chair gets one vote like everyone else (no casting vote), and tied votes mean the motion fails\n* **Records**: Minutes must be kept, circulated to all members and the Director, and confirmed at the next meeting\n* **Flexibility**: Committees can largely run their own affairs as they see fit, provided they follow these basic rules and the parent Act\n\n**Why it matters:**\n\nThese rules ensure grassroots input into legal aid services happens in an orderly, transparent way — while keeping things flexible enough that volunteer committee members aren't bogged down in rigid bureaucracy. It's essentially the \"meeting playbook\" that lets community voices feed into how legal aid is delivered across WA."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text is entirely unavailable. No comparison between original intent and final form is possible from the information provided."},"complexity_factors":["No substantive legislative text is available to analyse — the page returns a 'not found' error","Only the title and a web error message are present","No provisions, definitions, schedules, or operative clauses can be assessed"],"plain_english_summary":"The Legal Aid Commission (Consultative Committees) Rules 1978 likely set how advisory consultative committees within the Legal Aid Commission of Western Australia operated, affecting commission staff, committee members and people relying on legal aid by shaping advisory input into services. The actual rules are currently unavailable on the WA legislation site; search the site or contact the Parliamentary Counsel’s Office to access them."},"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-commission-consultative-committees-rules-1978","history":"/api/acts/legal-aid-commission-consultative-committees-rules-1978/history","analysis":"/api/acts/legal-aid-commission-consultative-committees-rules-1978/analysis","conflicts":"/api/acts/legal-aid-commission-consultative-committees-rules-1978/conflicts","importantCases":"/api/acts/legal-aid-commission-consultative-committees-rules-1978/important-cases","documents":"/api/acts/legal-aid-commission-consultative-committees-rules-1978/documents"}}