143Provision of legal aid

143 Provision of legal aid

(1) If a court is satisfied at any time that—

S. 143(1)(a) amended by Nos 68/2010 s. 66(a)(b), 79/2014 s. 41(1).

(a) a restraining order or a civil forfeiture restraining order or an unexplained wealth restraining order has been made in respect of property of a person and the restraining order or the civil forfeiture restraining order or the unexplained wealth restraining order, as the case requires, is in force; and

S. 143(1)(b) amended by Nos 18/2005 s. 18(Sch. 1 item 17.2), 68/2010 s. 66(b), 79/2014 s. 41(1)(b).

(b) the person is in need of legal assistance in respect of any legal proceeding, whether civil or criminal, and whether in respect of a charge to which the restraining order or the civil forfeiture restraining order or the unexplained wealth restraining order, as the case requires, relates or otherwise, because the person is unable to afford the full cost of obtaining legal assistance from a private law practice or private legal practitioner (within the meaning of the Legal Aid Act 1978) from unrestrained property or income of the person—

the court may order Victoria Legal Aid to provide legal assistance to the person, on any conditions specified by the court, and may adjourn the legal proceeding until such assistance has been provided.

(2) Despite anything in the Legal Aid Act 1978, Victoria Legal Aid must provide legal assistance in accordance with an order made under subsection (1).

(3) If—

(a) a court makes an order under this section; and

(b) a condition of the provision of legal assistance is that the cost or part of the cost, and any interest payable on the whole or the part of the cost, to Victoria Legal Aid of providing the assistance be secured by a charge over any land or any other property in which the person has an interest; and

(c) an amount required to be paid to Victoria Legal Aid under such a condition is not paid; and

(d) the person to whom legal assistance is provided is registered as the proprietor of an estate in fee simple, either solely or as a joint tenant or a tenant in common, in land under the Transfer of Land Act 1958 or holds an estate in fee simple or an equity of redemption, either solely or as a joint tenant or a tenant in common, in land not under that Act—

Victoria Legal Aid may secure the payment of any amount which has not been paid (including any unpaid interest) and any interest which may become due and unpaid on the whole or any part of that amount by taking out a charge over that land.

(4) A charge taken out by Victoria Legal Aid is to be for the benefit of the Legal Aid Fund.