{"id":"legal-services-commission-act-1977","name":"Legal Services Commission Act 1977","slug":"legal-services-commission-act-1977","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105739,"registerId":"sa-legal-services-commission-act-1977-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Legal Services Commission Act 1977","content":"South Australia\nLegal Services Commission Act 1977\nAn Act to establish the Legal Services Commission; to provide for legal assistance for persons throughout the State and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n5\tInterpretation\nPart 2—The Legal Services Commission\n6\tConstitution of Legal Services Commission\n7\tTerms and conditions of office\n8\tQuorum etc\n9\tAllowances and expenses\n9A\tDisclosure of interest\n10\tFunctions of Commission\n11\tPrinciples on which Commission operates\n11A\tLegal Profession Reference Committee\n12\tAdvisory and other committees\n12A\tAppeals\n12B\tPanel of assessors\n13\tDelegation\nPart 3—The Director of Legal Services and other staff\n14\tThe Director\n14A\tDirector's power of delegation\n15\tEmployment of legal practitioners and other persons by Commission\nPart 4—Legal assistance\n16\tLegal assistance to be provided by the Commission and by private practitioners\n17\tApplication for legal assistance\n18\tRecovery of legal assistance costs from assisted persons\n18A\tLegal assistance costs may be secured by charge on land\n18B\tSpecial provisions in relation to property subject to a restraining order\n18C\tDirector to determine scale of fees for professional legal work\n19\tDetermination and payment of legal assistance costs to legal practitioners (other than Commission practitioners)\n20\tCosts\n21\tDuty to supply information\n22\tDisclosure of information relating to legal assistance\nPart 5—Financial provisions\n23\tLegal Services Fund\n24\tPower to borrow with approval of Treasurer\n25\tAudit\n26\tCommission and trust money\nPart 6—Miscellaneous\n27\tAgreements between State and Commonwealth\n28\tRemission of fees\n29\tProvision of legal assistance by Commission practitioners\n30\tLegal practitioners employed by Commission bound by ethical standards of the profession\n31\tDiscipline of legal practitioner employed by Commission\n31A\tSecrecy\n33\tAnnual report\n33A\tImmunity\n34\tRegulations\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Legal Services Commission Act 1977.\n5—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nappointed member in relation to the Commission, means a member appointed by the Governor;\nassisted person means a person for whom legal assistance is provided or arranged by the Commission;\nthe Commission means the Legal Services Commission established under this Act;\nCommission practitioner means a legal practitioner employed by the Commission;\nthe Director means the person for the time being holding, or acting in, the office of Director of Legal Services under this Act;\nthe fund means the Legal Services Fund established under this Act;\nthe Law Society means the Law Society of South Australia Incorporated;\nlegal assistance means assistance in any matter affecting the rights or liberty of any person;\nlegal assistance costs means the costs of providing legal assistance to an assisted person (see also subsection (2));\nlegal practitioner means a person who is entitled to practise the profession of the law in this State;\nLegal Profession Reference Committee—see section 11A;\nnotional fees means the fees that would be paid for professional legal work if the work were—\n\t(a)\tauthorised by the Director to be performed; and\n\t(b)\tperformed by a legal practitioner who is not a Commission practitioner;\nrestraining order means a restraining order under the Criminal Assets Confiscation Act 2005;\nscale means the scale of fees for professional legal work determined by the Director under section 18C;\nthe statutory interest account means the account entitled the \"Statutory Interest Account\" maintained by the Law Society.\n\t(2)\tFor the purposes of this Act, legal assistance costs are comprised of the following:\n\t(a)\tin the case where the legal assistance is provided by a legal practitioner who is not a Commission practitioner—\n\t(i)\tthe fees determined in accordance with the scale plus interest (if any) on those fees; and\n\t(ii)\tany disbursements and out-of-pocket expenses approved by the Director;\n\t(b)\tin the case where the legal assistance is provided by a Commission practitioner—\n\t(i)\tthe notional fees determined in accordance with the scale; and\n\t(ii)\tany disbursements and out-of-pocket expenses approved by the Director.\nPart 2—The Legal Services Commission\n6—Constitution of Legal Services Commission\n\t(1)\tThe Legal Services Commission is established.\n\t(2)\tThe Commission is a body corporate and—\n\t(a)\thas perpetual succession and a common seal; and\n\t(b)\tis capable of—\n\t(i)\tacquiring, dealing with, and disposing of, real and personal property; and\n\t(ii)\tacquiring or incurring any other rights or liabilities that may properly attach to a body corporate; and\n\t(c)\tis capable of suing and being sued; and\n\t(d)\thas the powers, functions and duties prescribed or imposed upon it by or under this Act.\n\t(3)\tThe Commission is not an instrumentality of the Crown and is independent of the Government.\n\t(4)\tThe Commission consists of the following members:\n\t(a)\t1 (the Chairperson) will be—\n\t(i)\ta person holding judicial office; or\n\t(ii)\ta legal practitioner of not less than 5 years standing,\nappointed by the Governor on the nomination of the Attorney‑General; and\n\t(b)\t3 persons of whom—\n\t(i)\tat least 1 must have experience in financial management; and\n\t(ii)\tat least 1 must, in the opinion of the Attorney‑General, be an appropriate person to represent the interests of assisted persons,\nappointed by the Governor on the nomination of the Attorney‑General; and\n\t(c)\tthe Director.\n\t(5)\tThe Attorney‑General must consult with the Law Society and the South Australian Bar Association Incorporated before making a nomination under subsection (4)(b)(ii).\n7—Terms and conditions of office\n\t(1)\tSubject to this Act, an appointed member of the Commission holds office for a term of three years, and at the expiration of a term of office is eligible for re-appointment.\n\t(2)\tThe Governor may remove an appointed member of the Commission from office for—\n\t(a)\tmental or physical incapacity; or\n\t(b)\tneglect of duty; or\n\t(c)\tdishonourable conduct.\n\t(3)\tThe office of an appointed member of the Commission becomes vacant if the appointed member—\n\t(a)\tdies; or\n\t(b)\tcompletes a term of office and is not reappointed; or\n\t(c)\tresigns by written notice addressed to the Minister; or\n\t(d)\tis absent, without leave of the Commission, from three consecutive meetings of the Commission; or\n\t(e)\tis removed from office by the Governor pursuant to subsection (2).\n\t(4)\tOn the office of an appointed member becoming vacant, a person will be appointed in accordance with this Act to the vacant office, but where the office of an appointed member becomes vacant before the expiration of a term of appointment, the successor will be appointed only for the balance of the term.\n8—Quorum etc\n\t(1)\tSubject to this Act, 3 members of the Commission constitute a quorum of the Commission.\n\t(2)\tA decision carried by a majority of the votes cast by the members present at a meeting of the Commission is a decision of the Commission.\n\t(3)\tEach member of the Commission is entitled to one vote on any matter arising for the decision of the Commission and, in the event of an equality of votes, the person presiding at the meeting has a second or casting vote.\n\t(4)\tThe Chairperson will preside at any meeting of the Commission at which he or she is present and, in the absence of the Chairperson, the members present will decide who is to preside at that meeting.\n\t(5)\tSubject to this Act, the Commission may conduct its business in a manner determined by the Commission.\n9—Allowances and expenses\nA member of the Commission is entitled to such allowances and expenses as may be determined by the Governor.\n9A—Disclosure of interest\n\t(1)\tA member of the Commission who is directly or indirectly interested in a transaction entered into by, or in the contemplation of, the Commission—\n\t(a)\tmust as soon as the member becomes aware of the transaction, or the proposed transaction, disclose the nature of the interest to the Commission; and\n\t(b)\tmust not take part in any deliberations or decision of the Commission with respect to that transaction.\nMaximum penalty: $1 250.\n\t(2)\tA disclosure under this section must be recorded in the minutes of the Commission.\n\t(3)\tDespite subsection (1) or any other law, a legal practitioner who—\n\t(a)\tis, or is employed by, a member of the Commission; or\n\t(b)\tpractises in partnership with a member of the Commission; or\n\t(c)\tis, or is employed by, a body corporate of which a member of the Commission is a director, shareholder or employee,\nmay be assigned to provide legal assistance under this Act, and where such an assignment is, or is to be, made in the ordinary course of the business of the Commission, and in accordance with the criteria ordinarily applied by the Commission, no disclosure is required under subsection (1) in respect of the assignment.\n\t(4)\tWhere a member makes a disclosure of interest in respect of a transaction or proposed transaction in accordance with this section or the transaction or proposed transaction is such that disclosure is not required—\n\t(a)\tthe transaction is not void, or liable to be avoided, on any ground arising from the member's interest in the transaction; and\n\t(b)\tthe member is not required to account for profits arising from the transaction.\n10—Functions of Commission\n\t(1)\tThe Commission will—\n\t(b)\tprovide, or arrange for the provision of, legal assistance in accordance with this Act; and\n\t(c)\tdetermine the criteria under which the legal assistance is to be granted; and\n\t(d)\tconduct research with a view to ascertaining the needs of the community for legal assistance, and the most effective means of meeting those needs; and\n\t(e)\testablish such offices and other facilities as the Commission considers necessary or desirable; and\n\t(f)\tinitiate and carry out educational programmes to promote an understanding by the public (and especially those sections of the public who may have special needs) of their rights, powers, privileges and duties under the laws of the Commonwealth or the State; and\n\t(g)\tinform the public by advertisement or other means of the services provided by the Commission, and the conditions upon which those services are provided; and\n\t(h)\tco-operate and make reciprocal arrangements with persons administering schemes of legal assistance in other States and Territories of the Commonwealth or elsewhere; and\n\t(hb)\twhere it is practicable and appropriate to do so, make use of the services of interpreters, marriage guidance counsellors and social workers for the benefit of assisted persons; and\n\t(i)\tencourage and permit law students to participate, so far as the Commission considers practicable and proper to do so, on a voluntary basis and under professional supervision, in the provision of legal assistance by the Commission; and\n\t(j)\tmake grants to any person or body of persons carrying out work that will in the opinion of the Commission advance the objects of this Act; and\n\t(k)\tperform such other functions as the Attorney-General may direct.\n\t(2)\tIn determining the criteria under which legal assistance is to be granted under this Act, the Commission must have regard to the principles—\n\t(a)\tthat legal assistance should be granted where the public interest or the interests of justice so require; and\n\t(b)\tthat, subject to paragraph (a), legal assistance should not be granted where the applicant could afford to pay in full for that legal assistance without undue financial hardship.\n\t(2a)\tThe Commission may from time to time, with the approval of the Attorney-General, co-operate with any body established by the Commonwealth for the purpose of the administration of legal aid and provide it with such statistical and other information as the Commission thinks fit.\n\t(3)\tFor the purposes of this Act, the Commission may acquire, deal with, and dispose of, real and personal property.\n11—Principles on which Commission operates\nIn the exercise of its powers and functions the Commission must—\n\t(a)\tseek to ensure legal assistance is provided in the most efficient and economical manner;\n\t(b)\tuse its best endeavours to make legal assistance available to persons throughout the State;\n\t(d)\thave regard to the following factors:\n\t(i)\tthe need for legal assistance to be readily available and easily accessible to disadvantaged persons;\n\t(ii)\tthe desirability of enabling all assisted persons to obtain the services of legal practitioners of their choice;\n\t(iii)\tthe importance of maintaining the independence of the legal profession;\n\t(iv)\tthe desirability of enabling legal practitioners employed by the Commission to utilise and develop their expertise and maintain their professional standards by conducting litigation and doing other kinds of professional legal work.\n11A—Legal Profession Reference Committee\n\t(1)\tThe Commission must establish a committee (the Legal Profession Reference Committee) to—\n\t(a)\tadvise the Commission in relation to—\n\t(i)\tany matter referred to it by the Commission; or\n\t(ii)\tany of the Commission's functions under the Act; or\n\t(b)\tperform any other function assigned to the Committee by this Act.\n\t(2)\tThe Legal Profession Reference Committee will consist of 7 members appointed by the Commission, of whom—\n\t(a)\t1 will be the Chairperson of the Commission; and\n\t(b)\t1 will be the Director; and\n\t(c)\t1 will be an employee of the Commission nominated by the Commission; and\n\t(d)\t2 will be nominated by the Law Society; and\n\t(e)\t2 will be nominated by the South Australian Bar Association Incorporated.\n\t(3)\tMembers of the Legal Profession Reference Committee will hold office on such terms and conditions as the Commission thinks fit.\n\t(4)\tSubject to this Act and any directions of the Commission, the Legal Profession Reference Committee may determine its own procedures.\n12—Advisory and other committees\nThe Commission may establish such other committees to advise or assist it in the performance of any of its functions.\n12A—Appeals\n\t(1)\tAn appeal against a decision of the Director under Part 4 must be heard by a panel of 3 persons as constituted by the Commission as follows:\n\t(a)\tat least 1 person must be a member of the Commission (other than the Director); and\n\t(b)\tdepending on the number of members of the Commission under paragraph (a), may include up to 2 assessors selected by the Commission from the panel of assessors established under section 12B.\n\t(2)\tThe presiding member of a panel hearing an appeal will be—\n\t(a)\tif the constitution of the panel includes the Chairperson of the Commission—the Chairperson; or\n\t(b)\tif the constitution of the panel does not include the Chairperson of the Commission—\n\t(i)\tin the case of a panel that includes only 1 member of the Commission—that member; or\n\t(ii)\tin the case of a panel that includes 2 or more members of the Commission—the member agreed by those members of the Commission.\n\t(3)\tA matter required to be decided by the panel will be decided according to the opinion of the majority of them but, if their opinions on the matter are equally divided, the question is to be decided according to the opinion of the presiding member.\n12B—Panel of assessors\n\t(1)\tThe Commission must establish a panel of persons who may sit as assessors consisting of persons who, in the opinion of the Commission, have appropriate qualifications and experience to hear appeals against decisions of the Director.\n\t(2)\tA member of the panel is to be appointed by the Commission for a term of office not exceeding 3 years and on conditions determined by the Commission and specified in the instrument of appointment.\n\t(3)\tA member of the panel is, on the expiration of a term of office, eligible for reappointment.\n\t(4)\tA member of the panel who has a personal or a direct or indirect interest in a matter before the Commission is disqualified from participating in the hearing of the matter.\n13—Delegation\n\t(1)\tThe Commission may, by instrument in writing, delegate a power or function under this Act—\n\t(a)\tto a particular person or committee; or\n\t(b)\tto the person for the time being occupying a particular position.\n\t(2)\tHowever, the Commission may not delegate—\n\t(a)\tthe power to determine the criteria under which legal assistance is to be granted; or\n\t(b)\tthe power to hear and determine appeals.\n\t(2a)\tTo avoid doubt, subsection (2)(b) does not apply to, or in respect of, the inclusion of assessors on a panel hearing an appeal under section 12A.\n\t(3)\tA power or function delegated under this section may, if the instrument of delegation so provides, be further delegated.\n\t(4)\tA delegation—\n\t(a)\tmay be absolute or conditional; and\n\t(b)\tdoes not derogate from the power of the delegator to act in a matter; and\n\t(c)\tis revocable at will.\n\t(5)\tA person must not exercise, or participate in a decision to exercise, a power or function delegated under this section in relation to a transaction or proposed transaction in which the person has a direct or indirect interest.\nMaximum penalty: $1 250.\nPart 3—The Director of Legal Services and other staff\n14—The Director\n\t(1)\tThere will be a Director of Legal Services.\n\t(2)\tThe Director will be appointed by the Commission, and will hold office on terms and conditions determined by the Commission and approved by the Governor.\n\t(4)\tThe Director is responsible to the Commission for the provision of legal assistance in accordance with this Act.\n14A—Director's power of delegation\n\t(1)\tThe Director may, by instrument in writing, delegate a power or function under this Act—\n\t(a)\tto a particular person or committee; or\n\t(b)\tto the person for the time being occupying a particular position.\n\t(2)\tA power or function delegated under this section may, if the instrument of delegation so provides, be further delegated.\n\t(3)\tA delegation—\n\t(a)\tmay be absolute or conditional; and\n\t(b)\tdoes not derogate from the power of the delegator to act in a matter; and\n\t(c)\tis revocable at will.\n15—Employment of legal practitioners and other persons by Commission\n\t(1)\tThe Commission may employ such legal practitioners as it considers necessary or desirable for the purpose of providing legal assistance in accordance with this Act.\n\t(2)\tThe Commission may employ such other persons as it considers necessary or desirable for the administration of this Act.\n\t(3)\tPersons employed by the Commission must be appointed on such terms and conditions as are from time to time determined by the Commission and approved by the Commissioner for Public Sector Employment.\n\t(8)\tThe Commission may make reciprocal arrangements with other bodies for the purpose of facilitating the transfer of staff between the Commission and those bodies.\nPart 4—Legal assistance\n16—Legal assistance to be provided by the Commission and by private practitioners\nLegal assistance under this Act will be provided—\n\t(a)\tby officers of the Commission; and\n\t(b)\tby legal practitioners assigned by the Commission for that purpose.\n17—Application for legal assistance\n\t(1)\tSubject to subsection (2), an application for legal assistance must be made to the Director in a manner and form determined by the Commission.\n\t(2)\tAn application for legal assistance may be made without formality or verification—\n\t(a)\twhere the application is of a class exempted by the Commission from the provisions of subsection (1); or\n\t(b)\twhere the Director considers the matter to which the application relates to be of a minor nature and waives compliance with subsection (1).\n\t(3)\tThe Director must deal with an application for legal assistance in accordance with principles laid down by the Commission, and may grant, unconditionally or subject to such conditions as the Director thinks fit, or may refuse, the application.\n\t(4)\tWhere an application for legal assistance is refused by the Director, or granted subject to conditions, the applicant may, within fourteen days after receiving notice of the Director's decision, appeal to the Commission against the decision.\n\t(5)\tThe Director may at any time, by notice in writing, impose conditions on the continuance of the legal assistance, or vary or revoke any of the conditions on which legal assistance is being provided.\n\t(6)\tAn assisted person may—\n\t(a)\twithin fourteen days after receiving a notice under subsection (5); or\n\t(b)\twithin fourteen days after receiving notice of refusal by the Director to vary or revoke a condition on which legal assistance was granted,\nappeal to the Commission against the decision of the Director.\n\t(7)\tOn an appeal under subsection (4) or (6), the Commission may affirm the decision of the Director, or vary it in such manner as it thinks fit.\n18—Recovery of legal assistance costs from assisted persons\n\t(1)\tAn assisted person must make such payments (if any) to the Commission towards legal assistance costs as may be stipulated by the Director in the conditions on which legal assistance is granted.\n\t(1a)\tAn assisted person must indemnify the Commission in full for legal assistance costs if so stipulated by the Director in the conditions on which legal assistance is granted.\n\t(2)\tThe Director must, at the conclusion of the matter for which legal assistance was provided, give the assisted person written notice of the total amount payable by the assisted person to the Commission.\n\t(3)\tAn assisted person may, within one month after receiving a notice under subsection (2), appeal to the Commission against the amount specified in the notice.\n\t(4)\tOn an appeal under subsection (3), the Commission may—\n\t(a)\taffirm the amount payable by the assisted person; or\n\t(b)\treduce the amount to such extent as it thinks fit.\n\t(5)\tAn amount due by an assisted person under this section may be recovered as a debt due to the Commission in any court of competent jurisdiction and, in any proceedings for the recovery of such an amount an apparently genuine document purporting to be signed by the Director or an officer of the Commission certifying that a specified amount is payable to the Commission in respect of the legal assistance provided is, in the absence of proof to the contrary, proof of the matter so certified.\n18A—Legal assistance costs may be secured by charge on land\n\t(1)\tWhere, pursuant to a condition on which legal assistance is granted, legal assistance costs payable to the Commission are to be secured by a charge on land, the Director may lodge with the Registrar-General a notice (in a form approved by the Registrar-General) specifying the land to be charged and certifying that legal assistance costs are to be charged on the land.\n\t(2)\tWhere a notice is lodged under subsection (1), the Registrar-General must register the notice by entering a memorandum of charge in the register book or register of Crown leases.\n\t(3)\tIf the land to be charged is not under the Real Property Act 1886 a notice specifying the land to be charged and certifying that legal assistance costs are to be charged on the land may be registered in the General Registry Office.\n\t(4)\tWhere a notice is lodged with the Registrar-General or registered in the General Registry Office under this section, the Director must inform the assisted person in writing of the action so taken.\n\t(5)\tOn the registration of a notice under this section, legal assistance costs payable to the Commission are a charge on the land for the benefit of the fund (and the notice is, for the purposes of section 56 of the Real Property Act 1886, treated as if it were an instrument presented for registration at the time the notice was lodged).\n\t(6)\tIf any default is made in the payments towards legal assistance costs, the Commission has the same powers of sale over the land charged as are given by the Real Property Act 1886 to a mortgagee under a mortgage in respect of which default has been made in the payment of principal (and a sale by the Commission is, for the purposes of that Act, treated as if it were such a sale by a mortgagee).\n\t(6a)\tIf the charged land is sold by a mortgagee or encumbrancee, the charge is, for the purposes of sections 135 and 135A of the Real Property Act 1886, to be treated as if it were an encumbrance referred to in those sections.\n\t(7)\tWhere the amount secured by a charge registered under this section is paid or recovered or the Commission determines that such a charge is no longer required, the Director must—\n\t(a)\tin the case of a charge on land under the Real Property Act 1886—request the Registrar-General to remove the charge;\n\t(b)\tin the case of a charge on land not under the Real Property Act 1886—register a notice of the removal of the charge in the General Registry Office.\n\t(8)\tThe Registrar-General must, on receipt of a request for the removal of a charge on land under the Real Property Act 1886, register a memorandum of the removal of the charge in the register book or register of Crown leases.\n\t(9)\tNo stamp duty or fee is payable in respect of any notice lodged or action of the Registrar-General pursuant to this section.\n18B—Special provisions in relation to property subject to a restraining order\n\t(1)\tIn deciding whether a person is eligible for legal assistance, the value of property subject to a restraining order is to be disregarded.\n\t(2)\tIn fixing payments to be made by an assisted person towards legal assistance costs while the property remains subject to a restraining order, the property subject to the order is to be disregarded but this subsection does not prevent the Commission from applying for an order that provision be made out of such property (in addition to the contributions to be made by the assisted person) towards payment of legal assistance costs.\n\t(3)\tDespite the preceding subsections, the liability of an assisted person to the Commission may be for the whole of the legal assistance costs and this liability may be secured by a charge on property subject to a restraining order.\n\t(4)\tIf such a liability is secured on property subject to a restraining order and the property is later forfeited—\n\t(a)\tthe property is automatically released from the charge; but\n\t(b)\tthe Administrator (of forfeited property under the Criminal Assets Confiscation Act 2005) must pay to the Commission out of the forfeited property or the proceeds of its sale or conversion into money the lesser of—\n\t(i)\tthe amount secured by the charge at the time of the forfeiture;\n\t(ii)\tthe net proceeds of the forfeiture.\n18C—Director to determine scale of fees for professional legal work\nThe Director must determine, in accordance with principles laid down by the Commission after consultation with the Legal Profession Reference Committee, a scale of fees for professional legal work in relation to the provision of legal assistance for assisted persons.\n19—Determination and payment of legal assistance costs to legal practitioners (other than Commission practitioners)\n\t(1)\tA legal practitioner assigned to provide legal assistance for an assisted person is only entitled to be paid for professional legal work that the Director has authorised to be performed.\n\t(2)\tThe legal practitioner must provide the Commission with such accounts as the Director may require.\n\t(2a)\tThe Director must determine, in accordance with the scale, the fees for professional legal work performed by the legal practitioner.\n\t(3)\tThe legal practitioner may, within 1 month after receiving written notice of the determination of the Director, appeal against the determination to the Commission.\n\t(4)\tOn an appeal under subsection (3), the Commission may affirm the determination of the Director or vary the determination as it thinks fit.\n\t(5)\tThe Commission must at such times as it thinks fit (being not less than twice in any year) pay to legal practitioners who have been assigned to provide legal assistance for assisted persons—\n\t(a)\tthe disbursements and out-of-pocket expenses approved by the Director; and\n\t(b)\tsuch proportion of the balance of the legal assistance costs determined by the Director under this section as the Commission thinks fit.\n\t(6)\tThe Commission may make payments to a legal practitioner under subsection (5)(a) in respect of legal assistance without concurrently making a payment under subsection (5)(b) in respect of that legal assistance.\n\t(7)\tDespite the preceding subsections, the Commission may remunerate legal practitioners who have been assigned to provide legal assistance for assisted persons—\n\t(a)\tby way of lump sum payments fixed in relation to the various categories of professional legal work; or\n\t(b)\ton any other basis determined by the Commission after consultation with the Legal Profession Reference Committee.\n\t(8)\tThis section does not apply to Commission practitioners.\n20—Costs\n\t(1)\tA court or tribunal in making an order for costs, or security for costs, in favour of, or against, an assisted person, may not take into account the fact that that person is an assisted person and is for that reason relieved wholly or in part from liability to pay costs.\n\t(2)\tWhere legal assistance has been provided for an assisted person the Commission is subrogated to the rights of the assisted person to costs in respect of that legal assistance and any such costs received or recovered by the assisted person or a legal practitioner engaged to provide the legal assistance must be applied in accordance with the directions of the Commission.\n\t(3)\tWhere the Commission has instituted proceedings for the recovery of any amount in respect of legal costs, and the Commission is entitled to reimbursement of the costs of the proceedings, the costs will be assessed in all respects as if a legal practitioner had acted for the Commission in the institution and conduct of the proceedings whether or not the Commission in fact engaged a legal practitioner so to act.\n21—Duty to supply information\n\t(1)\tA person who applies to the Commission for legal assistance and, with intent to deceive or mislead the Commission, withholds any relevant information that the person is required by the Commission to furnish, or makes any statement or representation that is false or misleading in any material particular, is guilty of an offence.\nMaximum penalty: $750.\n\t(2)\tIf the Commission has made a payment for the provision of legal assistance for a person who has been convicted of an offence against subsection (1), the Commission may recover the amount of that payment, as a debt due to the Commission from the convicted person, in any court of competent jurisdiction.\n22—Disclosure of information relating to legal assistance\n\t(1)\tA legal practitioner—\n\t(a)\tmust disclose to the Commission any information relating to the provision of legal assistance to assisted persons that the Commission may require; and\n\t(b)\tmay disclose any such information that the practitioner considers relevant to the provision of legal assistance,\nand the assisted person will be taken to have waived any right or privilege that might prevent such disclosure.\n\t(2)\tExcept as provided in subsection (1), the relationship of legal practitioner and client, and the privileges arising from the relationship, are unaffected by the fact that the practitioner is acting for an assisted person.\nPart 5—Financial provisions\n23—Legal Services Fund\n\t(1)\tThe Legal Services Fund is established.\n\t(2)\tThe fund consists of—\n\t(a)\tall money payable to the fund by the Law Society from the statutory interest account; and\n\t(b)\tall money paid to the Commission for the provision of legal assistance by the Government of the State or the Commonwealth; and\n\t(c)\tall money paid to, or recovered by, the Commission as legal assistance costs, or as payments towards legal assistance costs; and\n\t(d)\tthe income and accretions arising from the investment of any of the money from the fund; and\n\t(e)\tany other money paid to the Commission for the purpose of enabling it to provide legal assistance.\n\t(3)\tThe fund will be administered by the Commission and applied for the purpose of providing legal assistance in accordance with this Act and otherwise in the administration of this Act.\n\t(4)\tThe Commission may, with the approval of the Attorney-General, invest money from the fund, not immediately required for the purposes of this Act, in such manner as it thinks fit.\n24—Power to borrow with approval of Treasurer\n\t(1)\tThe Commission may, with the approval of the Treasurer, borrow money for the purposes of enabling it to carry out its functions under this Act.\n\t(2)\tAny liability incurred by the Commission under subsection (1) is guaranteed by the Treasurer.\n\t(3)\tThe Treasurer may, without any other authority than this section, pay out of the Consolidated Account any money required to satisfy any liability of the Treasurer arising by virtue of a guarantee under this section.\n25—Audit\n\t(1)\tThe Auditor-General may at any time, and must at least once in every calendar year, audit the accounts of the Commission.\n26—Commission and trust money\n\t(1)\tSubject to subsection (2) and to such modifications as may be prescribed, the provisions of the Legal Practitioners Act 1981 relating to trust money (within the meaning of that Act) apply to the Commission as if the Commission were a law practice.\n\t(2)\tThe provisions referred to in subsection (1) do not apply in relation to money paid to the Commission under this Act as legal assistance costs, or as payments towards legal assistance costs.\nPart 6—Miscellaneous\n27—Agreements between State and Commonwealth\n\t(1)\tThe State, or the Commission with the approval of the Attorney-General, may from time to time enter into an agreement or arrangement with the Commonwealth with respect to the provision of legal assistance.\n\t(1a)\tThe matters for which any such agreement or arrangement may provide include (but are not limited to) the following:\n\t(a)\tthe money to be made available by the Commonwealth, or (in the case of an agreement or arrangement between the State and the Commonwealth) by the State and the Commonwealth, for the purposes of the provision of legal assistance; and\n\t(b)\tthe priorities to be observed, in relation to money made available by the Commonwealth, in the provision of legal aid and other legal services.\n\t(2)\tAny such agreement or arrangement will, to the extent that it involves matters within the purview of the Commission, be binding on the Commission.\n28—Remission of fees\n\t(1)\tThe Attorney-General may, by a special or general direction, reduce, remit or postpone, or provide for the conditional or unconditional reduction, remission or postponement of any fees that would, if no such direction were given, be payable to the Crown in connection with any act, transaction or matter arising in the course of professional legal work carried out for an assisted person.\n\t(2)\tThe Attorney-General may, by a special or general direction, require any officer in the employment of the State to supply free of cost, or for such fees as the Attorney-General fixes, to any legal practitioner acting for an assisted person, a certified or other copy of any document in the possession, custody or control of that officer, if that copy is required in connection with any professional legal work carried out for an assisted person.\n\t(3)\tIn this section—\ndocument includes any transcript or notes of evidence or arguments in any court.\n\t(4)\tA general or special direction given under this section prevails over any inconsistent enactment or regulation.\n\t(5)\tIn this section—\nassisted person means a person for whom legal assistance is provided or arranged—\n\t(a)\tby the Commission; or\n\t(b)\tby any prescribed agency.\n29—Provision of legal assistance by Commission practitioners\n\t(1)\tFor the purposes of managing the provision of legal assistance to an assisted person by a Commission practitioner, the Commission—\n\t(a)\twill be taken to be the legal practitioner retained by the person to act on the person's behalf; and\n\t(b)\tmay require a Commission practitioner to provide legal assistance to the person; and\n\t(c)\tmust supervise the provision of legal assistance to the person by the Commission practitioner.\n\t(2)\tThe Director is responsible for ensuring the provision of legal assistance to assisted persons by Commission practitioners is properly allocated and supervised.\n\t(3)\tIf, in any proceedings—\n\t(a)\ta document is required or permitted to be signed by the solicitor for an assisted person; and\n\t(b)\tthe document is signed by a Commission practitioner authorised for the purposes of paragraph (a) by the Commission,\nthe document will be taken to have been signed by the assisted person's solicitor.\n\t(4)\tDespite subsection (1), for the purposes of Part 3 of the Legal Practitioners Act 1981, the legal practitioner for an assisted person is the Commission practitioner required by the Commission to provide legal assistance to the person.\n30—Legal practitioners employed by Commission bound by ethical standards of the profession\nNothing in this Act derogates from the duty of a legal practitioner employed by the Commission to observe the ethical principles and standards appropriate to the practice of the profession of the law.\n31—Discipline of legal practitioner employed by Commission\nA legal practitioner employed by the Commission—\n\t(a)\tincurs the same liability for unsatisfactory professional conduct or professional misconduct as a legal practitioner in private practice; and\n\t(b)\tis subject to the same discipline as a legal practitioner in private practice.\n31A—Secrecy\n\t(1)\tThis section applies to—\n\t(a)\ta member or former member of the Commission; or\n\t(b)\tan employee or former employee of the Commission; or\n\t(c)\ta member or former member of a committee (including the Legal Profession Reference Committee) established by the Commission; or\n\t(ca)\ta member or former member of the panel of assessors established under section 12B; or\n\t(d)\ta person who is or has been engaged in duties relating to the audit of the accounts of the Commission.\n\t(2)\tSubject to subsection (3), a person to whom this section applies must not—\n\t(a)\tcommunicate directly or indirectly to any person information concerning the affairs of another person acquired by reason of his or her position, duties or functions under this Act; or\n\t(b)\tproduce to any person a document relating to the affairs of another person furnished for the purposes of this Act.\nMaximum penalty: $1 250 or imprisonment for 6 months.\n\t(3)\tSubsection (2) does not prevent the communication of information, or the production of documents, by a person to whom this section applies—\n\t(a)\tin the ordinary course of carrying out duties or functions under this Act; or\n\t(b)\tin accordance with an authorisation of the person to whose affairs the information or documents relate; or\n\t(c)\tin accordance with the rules relating to disclosure of documents; or\n\t(d)\tin accordance with a requirement or authorisation of a court, tribunal or body invested by law with judicial or quasi-judicial powers; or\n\t(e)\tin accordance with a requirement of a person who is by law invested with power to require disclosure of the information, or to require production of, or inspect, the documents; or\n\t(f)\tin accordance with a requirement or authorisation of the Commission.\n33—Annual report\n\t(1)\tThe Commission must, not later than 30 September in each year, prepare and present to the Attorney-General a report on the administration of this Act during the preceding financial year, together with the audited accounts of the Commission for that financial year.\n\t(2)\tThe Attorney-General must cause the report, together with the audited accounts, to be laid before each House of Parliament as soon as practicable.\n33A—Immunity\n\t(1)\tA member of the Commission or a member of the panel of assessors established under section 12B incurs no liability for an honest act or omission in the exercise or discharge, or purported exercise or discharge, by the member or the Commission of a power, function or duty under this Act.\n\t(2)\tA liability that would, but for subsection (1), lie against a member lies instead against the Commission.\n34—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by this Act, or as are necessary or expedient for the purposes of this Act.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation repealed by principal Act\nThe Legal Services Commission Act 1977 repealed the following:\nPoor Persons Legal Assistance Act 1925\nPoor Persons Legal Assistance Act Amendment Act 1968\nPoor Persons Legal Assistance Act Amendment Act 1969\nLegislation amended by principal Act\nThe Legal Services Commission Act 1977 amended the following:\nLegal Practitioners Act 1936\nLocal and District Criminal Courts Act Amendment Act 1972\nStatutes Amendment (Capital Punishment Abolition) Act 1976\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1977\n25\nLegal Services Commission Act 1977\n12.5.1977\n4.5.1978 (Gazette 4.5.1978 p1541) except ss 10(1)(a), (c)—(k), 11—13, 15—23, 26, 28—31—21.12.1978 and except ss 4, 10(1)(b) & Sch—30.1.1979 (Gazette 21.12.1978 p2305)\n1979\n37\nLegal Services Commission Act Amendment Act 1979\n15.3.1979\n15.3.1979 (Gazette 15.3.1979 p681)\n1983\n110\nLegal Services Commission Act Amendment Act 1983\n22.12.1983\n22.12.1983 (Gazette 22.12.1983 p1722)\n1990\n22\nLegal Services Commission Act Amendment Act 1990\n26.4.1990\n26.7.1990 (Gazette 26.7.1990 p397)\n1995\n27\nStatutes Amendment (Attorney-General's Portfolio) Act 1995\n27.4.1995\ns 16—4.5.1995 (Gazette 4.5.1995 p1705)\n2001\n10\nLegal Assistance (Restrained Property) Amendment Act 2001\n12.4.2001\ns 5—30.12.2001 (Gazette 13.12.2001 p5352)\n2002\n23\nLegal Services Commission (Miscellaneous) Amendment Act 2002\n31.10.2002\n22.12.2002 (Gazette 19.12.2002 p4735) except s 11—31.10.2004 (s 7(5) Acts Interpretation Act 1915)\n2004\n55\nStatutes Amendment (Legal Assistance Costs) Act 2004\n16.12.2004\nPt 3 (ss 12—20)—13.1.2005 (Gazette 13.1.2005 p69)\n2005\n19\nCriminal Assets Confiscation Act 2005\n9.6.2005\nSch 1 (cll 8 & 9)—2.4.2006 (Gazette 16.2.2006 p578)\n2009\n84\nStatutes Amendment (Public Sector Consequential Amendments) Act 2009\n10.12.2009\nPt 82 (s 194)—1.2.2010 (Gazette 28.1.2010 p320)\n2011\n38\nLegal Services Commission (Charges on Land) Amendment Act 2011\n6.10.2011\n27.10.2011 (Gazette 27.10.2011 p4343)\n2013\n44\nLegal Practitioners (Miscellaneous) Amendment Act 2013\n3.10.2013\nSch 2 (cll 3 & 4)—1.7.2014 (Gazette 5.6.2014 p2241)\n2013\n47\nStatutes Amendment (Attorney-General's Portfolio No 2) Act 2013\n24.10.2013\nPt 6 (s 9)—17.5.2014 (Gazette 8.5.2014 p1630)\n2016\n25\nLegal Services Commission (Miscellaneous) Amendment Act 2016\n2.6.2016\n1.12.2016 (Gazette 1.12.2016 p4572)\n2016\n29\nReal Property (Electronic Conveyancing) Amendment Act 2016\n16.6.2016\nSch 1 (cl 1)—4.7.2016 (Gazette 30.6.2016 p2761)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended by 23/2002 s 13 (Sch)\n22.12.2002\nPt 1\n\n\nss 2—4\ndeleted by 23/2002 s 13 (Sch)\n22.12.2002\ns 5\n\n\ns 5(1)\ns 5 redesignated as s 5(1) by 55/2004 s 12(5)\n13.1.2005\nthe amended Act\ndeleted by 23/2002 s 13 (Sch)\n22.12.2002\nthe appointed day\ninserted by 37/1979 s 3\n15.3.1979\n\ndeleted by 23/2002 s 13 (Sch)\n22.12.2002\nCommission practitioner\ninserted by 55/2004 s 12(1)\n13.1.2005\nlegal costs\nsubstituted by 22/1990 s 3\n26.7.1990\n\ndeleted by 55/2004 s 12(2)\n13.1.2005\nlegal assistance costs\ninserted by 55/2004 s 12(2)\n13.1.2005\nLegal Profession Reference Committee\ninserted by 25/2016 s 4\n1.12.2016\nnotional fees\ninserted by 55/2004 s 12(3)\n13.1.2005\nthe repealed Act\ndeleted by 23/2002 s 13 (Sch)\n22.12.2002\nrestraining order\ninserted by 10/2001 s 5(a)\n30.12.2001\n\namended by 19/2005 Sch 1 cl 8\n2.4.2006\nscale\ninserted by 55/2004 s 12(4)\n13.1.2005\ns 5(2)\ninserted by 55/2004 s 12(5)\n13.1.2005\nPt 2\n\n\ns 6\n\n\ns 6(1)\nsubstituted by 23/2002 s 13 (Sch)\n22.12.2002\ns 6(2) and (3)\namended by 23/2002 s 13 (Sch)\n22.12.2002\ns 6(4) before substitution by 25/2016\namended by 37/1979 s 4(a)\n15.3.1979\n\namended by 22/1990 s 4(a)\n26.7.1990\n\namended by 23/2002 s 13 (Sch)\n22.12.2002\n\n(b) deleted by 23/2002 s 3(a)\n22.12.2002\ns 6(4)\nsubstituted by 25/2016 s 5\n1.12.2016\ns 6(5)\ninserted by 37/1979 s 4(b)\n15.3.1979\n\namended by 22/1990 s 4(b)\n26.7.1990\n\ndeleted by 23/2002 s 3(b)\n22.12.2002\ns 6(5)\ninserted by 25/2016 s 5\n1.12.2016\ns 7\n\n\ns 7(1)\nsubstituted by 37/1979 s 5\n15.3.1979\n\namended by 23/2002 s 13 (Sch)\n22.12.2002\ns 7(3) and (4)\nsubstituted by 23/2002 s 13 (Sch)\n22.12.2002\ns 8\n\n\ns 8(1)\namended by 110/1983 s 3(a)\n22.12.1983\n\namended by 23/2002 s 13 (Sch)\n22.12.2002\n\nsubstituted by 25/2016 s 6(1)\n1.12.2016\ns 8(1a)\ninserted by 110/1983 s 3(b)\n22.12.1983\n\namended by 23/2002 s 13 (Sch)\n22.12.2002\n\ndeleted by 25/2016 s 6(2)\n1.12.2016\ns 8(2) and (3)\namended by 23/2002 s 13 (Sch)\n22.12.2002\ns 8(4)\namended by 23/2002 s 13 (Sch)\n22.12.2002\n\namended by 25/2016 s 6(3)\n1.12.2016\ns 8(5)\nsubstituted by 23/2002 s 13 (Sch)\n22.12.2002\ns 9\namended by 23/2002 s 13 (Sch)\n22.12.2002\ns 9A\ninserted by 110/1983 s 4\n22.12.1983\ns 9A(1)—(4)\namended by 23/2002 s 13 (Sch)\n22.12.2002\ns 10\n\n\ns 10(1)\namended by 37/1979 s 6\n15.3.1979\n\namended by 22/1990 s 5\n26.7.1990\n\namended by 23/2002 ss 4(b), 13 (Sch)\n22.12.2002\n\n(a) deleted by 23/2002 s 4(a)\n22.12.2002\n\n(ha) deleted by 23/2002 s 4(c)\n22.12.2002\ns 10(2)\namended by 23/2002 s 13 (Sch)\n22.12.2002\ns 10(2a)\ninserted by 23/2002 s 4(d)\n22.12.2002\ns 11\namended by 37/1979 s 7 \n15.3.1979\n\namended by 23/2002 s 13 (Sch)\n22.12.2002\n\n(c) deleted by 23/2002 s 5\n22.12.2002\ns 11A\ninserted by 25/2016 s 7\n1.12.2016\ns 12\namended by 25/2016 s 8\n1.12.2016\nss 12A and 12B\ninserted by 25/2016 s 9\n1.12.2016\ns 13\namended by 110/1983 s 5\n22.12.1983\n\nsubstituted by 23/2002 s 6\n22.12.2002\ns 13(2a)\ninserted by 25/2016 s 10\n1.12.2016\nPt 3\n\n\ns 14\n\n\ns 14(1)\namended by 23/2002 s 13 (Sch)\n22.12.2002\ns 14(2)\nsubstituted by 23/2002 s 13 (Sch)\n22.12.2002\ns 14(3)\ndeleted by 23/2002 s 13 (Sch)\n22.12.2002\ns 14(4)\namended by 23/2002 s 13 (Sch)\n22.12.2002\ns 14A\ninserted by 23/2002 s 7\n22.12.2002\ns 15\n\n\ns 15(3)\namended by 37/1979 s 8(a)\n15.3.1979\n\nsubstituted by 22/1990 s 6\n26.7.1990\n\namended by 84/2009 s 194\n1.2.2010\ns 15(4)\ndeleted by 22/1990 s 6\n26.7.1990\ns 15(5)—(7)\ninserted by 37/1979 s 8(b)\n15.3.1979\n\ndeleted by 22/1990 s 6\n26.7.1990\ns 15(8)\ninserted by 37/1979 s 8(b)\n15.3.1979\n\nsubstituted by 23/2002 s 8\n22.12.2002\nPt 4\n\n\ns 16\namended by 23/2002 s 13 (Sch)\n22.12.2002\ns 17\n\n\ns 17(1)\namended by 37/1979 s 9(a)\n15.3.1979\n\nsubstituted by 23/2002 s 9\n22.12.2002\ns 17(2)\nsubstituted by 37/1979 s 9(b)\n15.3.1979\n\namended by 23/2002 s 13 (Sch)\n22.12.2002\ns 17(3)—(7)\namended by 23/2002 s 13 (Sch)\n22.12.2002\ns 18\n\n\ns 18(1)\namended by 23/2002 s 13 (Sch)\n22.12.2002\n\namended by 55/2004 s 13(1)\n13.1.2005\ns 18(1a)\ninserted by 55/2004 s 13(2)\n13.1.2005\ns 18(2)\namended by 23/2002 s 13 (Sch)\n22.12.2002\n\nsubstituted by 55/2004 s 13(2)\n13.1.2005\ns 18(3)\namended by 23/2002 s 13 (Sch)\n22.12.2002\n\namended by 55/2004 s 13(3)\n13.1.2005\ns 18(4)\namended by 23/2002 s 13 (Sch)\n22.12.2002\n\namended by 55/2004 s 13(4)\n13.1.2005\ns 18(5)\namended by 23/2002 s 13 (Sch)\n22.12.2002\ns 18A\ninserted by 22/1990 s 7\n26.7.1990\ns 18A(1)\namended by 55/2004 s 14(1), (2)\n13.1.2005\ns 18A(3)\namended by 55/2004 s 14(3)\n13.1.2005\ns 18A(5)\namended by 55/2004 s 14(4), (5)\n13.1.2005\n\namended by 38/2011 s 4(1)\n27.10.2011\n\namended by 29/2016 Sch 1 cl 1\n4.7.2016\ns 18A(6)\namended by 55/2004 s 14(6)\n13.1.2005\n\namended by 38/2011 s 4(2)\n27.10.2011\ns 18A(6a)\ninserted by 38/2011 s 4(3)\n27.10.2011\ns 18B\ninserted by 10/2001 s 5(b)\n30.12.2001\ns 18B(2)\namended by 55/2004 s 15(1)—(3)\n13.1.2005\ns 18B(3)\nsubstituted by 55/2004 s 15(4)\n13.1.2005\ns 18B(4)\namended by 19/2005 Sch 1 cl 9\n2.4.2006\ns 18C\ninserted by 55/2004 s 16\n13.1.2005\n\namended by 25/2016 s 11\n1.12.2016\ns 19\n\n\ns 19(1)\namended by 23/2002 s 13 (Sch)\n22.12.2002\n\nsubstituted by 55/2004 s 17(1)\n13.1.2005\ns 19(2)\nsubstituted by 37/1979 s 10(a)\n15.3.1979\n\namended by 23/2002 s 13 (Sch)\n22.12.2002\n\nsubstituted by 55/2004 s 17(1)\n13.1.2005\ns 19(2a)\ninserted by 55/2004 s 17(1)\n13.1.2005\ns 19(3)\namended by 23/2002 s 13 (Sch)\n22.12.2002\n\nsubstituted by 55/2004 s 17(1)\n13.1.2005\ns 19(4)\namended by 23/2002 s 13 (Sch)\n22.12.2002\ns 19(5)\namended by 23/2002 s 13 (Sch)\n22.12.2002\n\namended by 55/2004 s 17(12)\n13.1.2005\ns 19(6)\namended by 23/2002 s 13 (Sch)\n22.12.2002\ns 19(7)\ninserted by 37/1979 s 10(b)\n15.3.1979\n\namended by 23/2002 s 13 (Sch)\n22.12.2002\n\nsubstituted by 55/2004 s 17(3)\n13.1.2005\n\namended by 25/2016 s 12\n1.12.2016\ns 19(8)\ninserted by 55/2004 s 17(3)\n13.1.2005\ns 20\n\n\ns 20(1)—(3)\namended by 23/2002 s 13 (Sch)\n22.12.2002\ns 21\n\n\ns 21(1)\nsubstituted by 23/2002 s 13 (Sch)\n22.12.2002\ns 21(2)\namended by 23/2002 s 13 (Sch)\n22.12.2002\ns 22\n\n\ns 22(1) and (2)\namended by 23/2002 s 13 (Sch)\n22.12.2002\nPt 5\n\n\ns 23\n\n\ns 23(1)\nsubstituted by 23/2002 s 13 (Sch)\n22.12.2002\ns 23(2)\namended by 37/1979 s 11\n15.3.1979\n\namended by 23/2002 s 13 (Sch)\n22.12.2002\n\namended by 55/2004 s 18\n13.1.2005\ns 23(3) and (4)\namended by 23/2002 s 13 (Sch)\n22.12.2002\ns 24\n\n\ns 24(1) and (2)\namended by 23/2002 s 13 (Sch)\n22.12.2002\ns 24(3)\namended by 37/1979 s 12\n15.3.1979\n\namended by 23/2002 s 13 (Sch)\n22.12.2002\ns 25\n\n\ns 25(1) and (2)\namended by 23/2002 s 13 (Sch)\n22.12.2002\ns 26\nsubstituted by 37/1979 s 13\n15.3.1979\n\nsubstituted by 23/2002 s 13 (Sch)\n22.12.2002\ns 26(1)\namended by 44/2013 Sch 2 cl 3\n1.7.2014\ns 26(2)\namended by 55/2004 s 19\n13.1.2005\nPt 6\n\n\ns 27\n\n\ns 27(1)\nsubstituted by 23/2002 s 10\n22.12.2002\ns 27(1a)\ninserted by 23/2002 s 10\n22.12.2002\ns 27(2)\namended by 37/1979 s 14\n15.3.1979\n\namended by 23/2002 s 13 (Sch)\n22.12.2002\ns 28\n\n\ns 28(2)\namended by 37/1979 s 15(a)\n15.3.1979\ns 28(4)\nsubstituted by 23/2002 s 13 (Sch)\n22.12.2002\ns 28(5)\ninserted by 37/1979 s 15(b)\n15.3.1979\ns 29\nsubstituted by 37/1979 s 16\n15.3.1979\n\nsubstituted by 23/2002 s 11\n31.10.2004\n\nsubstituted by 55/2004 s 20\n13.1.2005\ns 31\namended by 23/2002 s 12\n22.12.2002\n\namended by 44/2013 Sch 1 cl 4\n1.7.2014\ns 31A\ninserted by 37/1979 s 17\n15.3.1979\n\nsubstituted by 110/1983 s 6\n22.12.1983\ns 31A(1)\namended by 25/2016 s 13(1), (2)\n1.12.2016\ns 31A(2)\namended by 23/2002 s 13 (Sch)\n22.12.2002\ns 31A(3)\namended by 23/2002 s 13 (Sch)\n22.12.2002\n\namended by 47/2013 s 9\n17.5.2014\ns 32\ndeleted by 23/2002 s 13 (Sch)\n22.12.2002\ns 33\n\n\ns 33(1) and (2)\namended by 23/2002 s 13 (Sch)\n22.12.2002\ns 33A\ninserted by 27/1995 s 16\n4.5.1995\ns 33A(1)\namended by 25/2016 s 14\n1.12.2016\ns 34\n\n\ns 34(1)\ns 34 redesignated as s 34(1) by 37/1979 s 18\n15.3.1979\ns 34(2) before deletion by 25/2016\ninserted by 37/1979 s 18\n15.3.1979\n\namended by 23/2002 s 13 (Sch)\n22.12.2002\ns 34(2)\ndeleted by 25/2016 s 15\n1.12.2016\nSch\ndeleted by 23/2002 s 13 (Sch)\n22.12.2002\nTransitional etc provisions associated with Act or amendments\nLegal Services Commission (Charges on Land) Amendment Act 2011, Sch 1—Transitional provision\n\tThe amendments to the Legal Services Commission Act 1977 effected by section 4 of this Act apply, after the commencement of section 4, in relation to charged land whether the charge was created before or after that commencement.\nLegal Services Commission (Miscellaneous) Amendment Act 2016, Sch 1\n1—Transitional provision\n\t(1)\tDespite any other provision of the principal Act, a member of the Commission, other than the Chairman or the Director of the Commission, holding office immediately before the relevant day will cease to hold office on the relevant day and any contract of employment, agreement or arrangement relating to the office held by that member is terminated by force of this clause at the same time (and no right of action will arise against a Minister or the State on account of that termination).\n\t(2)\tIn this clause—\nprincipal Act means the Legal Services Commission Act 1977;\nrelevant day means the day on which this clause comes into operation.\nHistorical versions\nReprint No 1—1.10.1991\n\nReprint No 2—4.5.1995\n\nReprint No 3—30.12.2001\n\nReprint No 4—22.12.2002\n\n31.10.2004\n\n13.1.2005\n\n2.4.2006\n\n1.2.2010\n\n27.10.2011\n\n17.5.2014\n\n1.7.2014\n\n4.7.2016\n\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment is not possible — no legislative text was provided. The content returned was an error page from the South Australian legislation website, not the Act itself."},"complexity_factors":["No legislative content was retrievable — the source URL returned a 404 Page Not Found error","Unable to assess provisions, definitions, schedules, or amendments","Complexity score of 1 reflects absence of content, not simplicity of the Act itself"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThe actual text of the **Legal Services Commission Act 1977 (SA)** could not be retrieved. The link provided returned a **'Page Not Found' error** from the South Australian legislation website, likely due to a website update that occurred around **24 March 2026** which broke older hyperlinks.\n\n### What we do know:\n- This is **South Australian legislation** (a state law, not a federal one)\n- It relates to the **Legal Services Commission** — the body responsible for funding and administering **legal aid** (free or subsidised legal help for people who can't afford a lawyer) in South Australia\n- The Act dates to **1977**, making it a long-standing piece of legislation\n\n### What this likely means for you:\nIf you were researching this Act to understand your rights around **legal aid eligibility**, how the Commission operates, or your obligations as a legal professional — **please visit [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) directly** and search for the Act by name, or report the broken link to OPCWeb@sa.gov.au."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act’s core purpose at commencement was to establish a body to provide legal assistance statewide. Over time the statutory scope has expanded and been refined through multiple amendments. Significant scope additions include formalised cost‑recovery powers (indemnities and recoverable debts) and the power to secure costs by charge on land (s18, s18A; inserted/amended 1990, 2001, 2011 changes), the requirement and process for a Director to set a fee scale and determine fees (s18C; inserted 2004), creation of appeals structures and panels of assessors (ss12A, 12B; inserted 2016), establishment of the Legal Profession Reference Committee (s11A; inserted 2016), and expanded secrecy/confidentiality and disclosure regimes (s31A, s22; various amendments). Financial and governance changes affecting scope include the Fund composition and Law Society interest account as a source (s23(2); amended 2005), and the Treasurer guarantee for borrowing (s24). These changes increase the Act’s emphasis on recoverability, administrative fee control, formal internal governance and regulatory intersections with property and confiscation law, relative to the Act’s original enabling role."},"complexity_factors":["Multiple decision‑making actors: Commission, Director, Attorney‑General, Legal Profession Reference Committee, panel of assessors (s6, s14, s11A, s12A, s12B).","Detailed fee and payment architecture including scale setting, Director authorisation, notional fees, alternative remuneration models and periodic payments (s18C, s19(2a), s19(5)–(7)).","Cost recovery mechanisms that include debt recovery, registration of charges on land and interaction with property and confiscation regimes (s18, s18A, s18B; cross‑refs to Real Property Act and Criminal Assets Confiscation Act).","Delegation rules with express non‑delegable powers and parallel delegation by the Director, creating layered discretion (s13, s14A).","Confidentiality, disclosure and statutory offence provisions with criminal and monetary penalties (s21, s22, s31A, s9A).","Financial arrangements: Fund composition, investment approvals, Treasurer‑backed borrowing and audit obligations (s23, s24, s25).","Numerous amendments and cross‑references to other statutes over decades, raising interpretive and transitional complexity (legislative history and many amended provisions)."],"plain_english_summary":"What this law does (mechanics)\n\n- Establishes the Legal Services Commission as an independent corporate body to provide and arrange legal assistance across South Australia (s6, s10). The Commission has a Chairperson, appointed members and the Director of Legal Services as members (s6(4)).\n- Gives the Commission duties and operating principles: set criteria for granting aid, run offices and education programmes, cooperate with other legal aid bodies, and aim for efficient statewide delivery (s10(1), s11). The Attorney‑General may give directions on other functions (s10(1)(k)).\n- Appoints a Director (appointed by the Commission) who decides on individual applications for assistance, supervises Commission practitioners and may delegate powers (s14, s14A, s17, s29). The Director determines the scale of fees for professional work after Commission principles and consultation with the Legal Profession Reference Committee (s18C). The Commission sets overall principles and may establish committees including the Legal Profession Reference Committee (s11, s11A).\n- Provides legal assistance through Commission employees (Commission practitioners) and private legal practitioners assigned by the Commission (s16). The Director authorises which professional work a private practitioner may be paid for (s19(1)).\n- Creates a financial structure: the Legal Services Fund is the Commission’s pool of money (s23). The fund includes money from the Law Society’s statutory interest account, State or Commonwealth payments, money recovered as legal assistance costs, investment income and other contributions (s23(2)). The Commission may invest and, with Treasurer approval, borrow; borrowing is guaranteed by the Treasurer (s23(4), s24).\n- Allows the Commission to recover legal assistance costs from assisted persons. The Director can set payment conditions or require indemnity (s18(1), 18(1a)). The Commission may recover amounts as a debt (s18(5)). Costs can be secured by a registered charge on land where that is a condition of assistance; the Registrar‑General must register and remove such notices on request (s18A). Special rules apply where property is subject to a restraining order (s18B).\n- Sets processes for applications, conditions, variations and appeals. Applicants apply to the Director (form set by the Commission); refusals or conditions imposed by the Director are appealable to the Commission within 14 days (s17(1), (3)–(6)). Appeals about Director decisions under Part 4 are heard by a 3‑person panel constituted by the Commission (s12A) drawn where appropriate from a panel of assessors (s12B).\n- Controls fees and payments to private practitioners: the Director determines fees under the scale (s19(2a)). The Commission pays approved disbursements and a proportion of costs at least twice a year, and may use lump sums or other payment arrangements after consulting the Legal Profession Reference Committee (s19(5)–(7)). Commission practitioners’ work is measured in notional fees for internal accounting (s5 definition, s5(2)).\n- Imposes duties and limits: applicants must supply truthful information (offence, s21); legal practitioners must disclose information to the Commission about assistance (s22); Commission members must disclose conflicts and not participate (s9A). Confidentiality obligations apply to members, employees and others with penalties for unauthorised disclosure (s31A).\n- Provides administrative safeguards: audit by Auditor‑General at least annually (s25), annual report to the Attorney‑General (s33), immunity for honest acts/omissions by members (s33A), and regulation‑making power (s34).\n\nWhat the Act is said to aim to achieve (claimed purpose) and the tradeoffs it creates\n\n- Claimed purpose: to provide legal assistance throughout the State and to ensure assistance is granted where public interest or the interests of justice require it, while avoiding grants where applicants can pay without undue hardship (s10(1)(b), s10(2); s11). The Act also claims to promote efficient, economical, and accessible delivery (s11).\n\n- Costs and who pays: the Fund finances assistance (s23). The State or Commonwealth may contribute (s23(2)(b)) and the Law Society’s statutory interest account funds part of it (s23(2)(a)). Assisted persons can be required to pay contributions or indemnify the Commission for legal assistance costs (s18(1), 18(1a)); the Commission can register a charge on land to secure repayment (s18A) and sue to recover debts (s18(5)). The Treasurer guarantees borrowing by the Commission (s24), which transfers fiscal risk to the State.\n\n- Incentives and behavioural effects: making repayment recoverable and securable against land creates an incentive for assisted persons to repay (s18, 18A). Authorisation and fee determination by the Director centralises control over which private legal work attracts payment and at what rate (s19(1), s19(2a), s18C), which affects private practitioners’ willingness to accept assignments and the type of arrangements (including lump sums) the Commission may use (s19(7)). Commission practitioners are employees supervised by the Commission and the Director (s15, s29), which changes employment relations and oversight compared with private practice.\n\n- Compliance burden and administrative discretion: applicants face formal application requirements (s17(1)) unless exempted; withholding information is an offence (s21). Legal practitioners must disclose information to the Commission about assistance (s22). Significant decision‑making discretion sits with the Director (granting, conditions, fee authorisations, s17, s18C, s19) and with the Commission for policy and criteria (s10(c), s13(2) limits delegations). The Attorney‑General has defined levers (consultation, approvals and directions) that can influence the Commission’s operations (s6(4) nomination role; s6(5) consultative duty; s10(1)(k); s23(4) approval for investments).\n\n- Implementation risk and cross‑legal interaction: registering charges on land interacts with the Real Property Act procedures and with rules on restrained/forfeited property under the Criminal Assets Confiscation Act (s18A, s18B). Recovery and subrogation of costs involve courts and may require the Commission to act as claimant (s20(2)–(3)). These cross‑references create procedural steps and potential timing or priority issues in practice.\n\n- Effects on private choice and the legal market: the Act permits assisted persons to obtain a practitioner of their choice as a desirability to be considered (s11(d)(ii)), but payments, authorisations and the Director’s control over authorised work and fee rates (s19(1), (2a)) affect private practitioners’ commercial incentives to accept legal aid work. The Commission may adopt alternative remuneration models after consultation (s19(7)), which can change market payment norms for legal aid work.\n\nKey discretion, compliance and enforcement points (section citations)\n\n- Commission established, independent of Crown; membership and appointment nomination by Attorney‑General (s6(1)–(5)).\n- Director authority over applications, conditions and fee scale implementation (s14, s17, s18C). Appeals from Director decisions to the Commission (s17(4)–(7); s12A). Commission may not delegate its power to determine criteria or to hear appeals (s13(2)).\n- Recovery and security of costs: Director can require payments, indemnities and security by charge on land; commission may sell charged land on default (s18, s18A). Special rules for property under restraining orders (s18B).\n- Funding sources and borrowing guarantee: Fund composition (s23(2)); Commission may borrow with Treasurer approval and the Treasurer guarantees liabilities (s24).\n- Information duties and penalties: false/misleading withholding an offence (s21); confidentiality obligations with criminal penalty (s31A); conflict disclosure and prohibition on participation with monetary penalty (s9A).\n\nWho pays, who decides, and what changes in behaviour\n\n- Who pays: the Fund (state/Commonwealth/Law Society interest/ recovered costs) funds legal assistance (s23). Assisted persons may be asked to contribute, indemnify or have a charge registered over land to secure payment (s18, 18A). The Treasurer bears guaranteed liability on borrowing (s24).\n- Who decides: the Commission sets principles and criteria (s10(c), s11); the Director makes individual determinations, sets fee determinations under the scale and supervises Commission practitioners (s14, s18C, s19); the Attorney‑General has consultative and directive roles (s6(5), s10(1)(k), s23(4)).\n- Behavioural changes: potential assisted persons face repayment obligations and possible property charges; private practitioners face Director authorisation to be paid and a fee scale; the Commission centralises allocation and supervision of legal aid work.\n\nPractical implementation friction points to watch\n\n- Registering and enforcing charges on land (interaction with Real Property Act and Registrar‑General processes) (s18A).\n- Coordinating fee scales, appeals and payments to private practitioners (s18C, s19, s12A).\n- Maintaining confidentiality while permitting necessary disclosures to the Commission and courts (s22, s31A).\n\nThis summary uses the Act’s text as the source for mechanical effects, the stated purposes and the concrete trade‑offs created by the statutory mechanisms (section references in parentheses)."},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 1977 purpose of establishing a basic legal aid scheme. Major expansions include: (1) 2001 amendments adding complex provisions for property subject to criminal asset confiscation (section 18B); (2) 2004 amendments introducing detailed fee scales, notional fees, and comprehensive cost recovery mechanisms including land charges (sections 18A, 18C, 19); (3) 2016 amendments restructuring governance with new Legal Profession Reference Committee and appeal panels (sections 11A, 12A, 12B). The original Act was a straightforward legal aid establishment statute; it is now a sophisticated administrative and financial management framework with property law and criminal law intersections."},"complexity_factors":["Multiple overlapping definitions in section 5 (12 defined terms including nested definitions for 'legal assistance costs' with sub-paragraphs)","Complex property charging mechanisms in sections 18A and 18B involving interaction with the Real Property Act 1886 and Criminal Assets Confiscation Act 2005","Detailed appeal procedures with panel composition rules (section 12A) and assessor panels (section 12B)","Multiple delegation chains: Commission can delegate (section 13), Director can delegate (section 14A), but with specific exclusions and conditions","Cross-references to external legislation including Legal Practitioners Act 1981, Real Property Act 1886, and Criminal Assets Confiscation Act 2005","Conditional cost recovery provisions with exceptions (sections 18, 18B) including indemnity clauses and charge enforcement powers equivalent to mortgagee rights","Secrecy provisions with 6 specific exceptions (section 31A(3))","Transitional provisions in legislative history indicating structural changes to Commission membership in 2016"],"plain_english_summary":"**What this law does:**\n\nThis Act creates the **Legal Services Commission** — an independent body (not part of the government) that provides free or subsidised legal help to people in South Australia who can't afford a lawyer.\n\n**Who it affects:**\n- **People who need legal help** — if you can't afford a lawyer, you can apply to the Commission for assistance (called being an \"assisted person\")\n- **Private lawyers** — the Commission can assign private lawyers to help people and pays them according to a set fee scale\n- **Commission staff lawyers** — lawyers employed directly by the Commission to provide legal help\n- **The community** — the Commission also runs education programs and research about legal needs\n\n**Key things the law covers:**\n\n- **Setting up the Commission**: Establishes it as a corporate body with its own members (including a Chairperson who must be a judge or experienced lawyer, plus other members with financial expertise and community representation)\n- **How decisions are made**: The Director of Legal Services handles day-to-day decisions about who gets help, but people can appeal to the Commission if refused\n- **Paying for legal help**: The Commission can ask assisted people to contribute what they can afford. If someone owns property, the Commission can place a charge (like a mortgage) on their land to secure payment\n- **Special rules for criminal assets**: If someone's property is frozen under crime laws, the Commission can still help them and may claim costs from that property if it's later confiscated\n- **Funding**: Money comes from government, interest on lawyers' trust accounts (via the Law Society), and repayments from assisted people\n- **Protections**: Staff must keep information confidential, and Commission members are protected from personal liability for honest mistakes\n\n**Why it matters:**\nThis is South Australia's legal aid scheme. It ensures that lack of money doesn't prevent people from accessing justice, while also managing public funds responsibly by recovering costs where possible."}},"importantCases":[],"_links":{"self":"/api/acts/legal-services-commission-act-1977","history":"/api/acts/legal-services-commission-act-1977/history","analysis":"/api/acts/legal-services-commission-act-1977/analysis","conflicts":"/api/acts/legal-services-commission-act-1977/conflicts","importantCases":"/api/acts/legal-services-commission-act-1977/important-cases","documents":"/api/acts/legal-services-commission-act-1977/documents"}}