ACTIn ForceAct
Legal Aid Act 1977
100Regulation-making power
Start here
Get a plain-English read of 100
Turn the raw legal text into a practical explanation grounded in Legal Aid Act 1977.
100 Regulation-making power
The Executive may make regulations for this Act.
(see s 2)
Note 1 The Legislation Act contains definitions and other provisions relevant to
Note 2 For example, the Legislation Act, dict, pt 1 defines the following terms:
• ACAT
• ACT
• auditor-general
• bankrupt or personally insolvent
• Commonwealth
• document
• exercise
• function
• legal practitioner
• property
• public sector standards commissioner
• reviewable decision notice
• sitting day
• State
• the Territory.
approved negotiation, for part 5A (Dispute resolution)—see
section 35A.
approved records management program, for division 8.3 (Records
management—legal services records)—see section 69A.
assistant, for part 12 (Inquiry relating to affairs of commission)—see
section 84A.
assistant executive officer means an Assistant Executive Officer of
the commission.
Australian legal practitioner—see the Legal Profession Act 2006,
section 8.
bar association means the Bar Association of the Australian Capital
Territory.
board means the board of the commission established under
section 14.
chief executive officer means the Chief Executive Officer of the
commission means the legal aid commission established by section 6.
commissioner means a member of the board appointed under
section 16.
consultative committee means a consultative committee established
under part 11.
convener, for part 5A (Dispute resolution)—see section 35A.
director of territory records, for division 8.3 (Records
management—legal services records)—see section 69A.
duty lawyer services means legal services provided by a legal
practitioner attending at a proceeding of a court or tribunal, being
legal services consisting of appearing on behalf of a person at, or
giving legal advice to a person in connection with, the proceeding,
otherwise than by prior arrangement with the person.
fund means the legal aid fund established by section 41.
funding agreement means an agreement between the Territory and
the Commonwealth, a State or another Territory (the other
jurisdiction) for the provision of legal assistance by the commission
in matters arising under the laws of the other jurisdiction, if the
agreement provides for the full funding of such assistance by the other
jurisdiction, including funding of all overheads (including
administrative overheads) involved in implementing the agreement.
inquiry, for part 12 (Inquiry relating to affairs of commission)—see
section 84A.
judge means a judge of a federal court or of the Supreme Court of a
State or Territory.
law society means the Law Society of the Australian Capital
Territory.
legal aid commission means an authority established by or under a
law of a State or Territory for the purpose of, or for purposes that
include, the provision of legal assistance.
legal assistance—a reference to the provision of legal assistance is a
reference to the provision of legal services (including the giving of
legal advice) without charge to the person to whom the legal services
are provided or subject to the making of a payment by that person that
is less than the full cost of the provision of the legal services.
legally assisted person means a person to whom legal assistance is
provided under this Act.
legal services record, for division 8.3 (Records management—legal
services records)—see section 69A.
member of a review committee includes a deputy of a member of a
review committee.
member of the staff of the commission means a person employed
under section 20.
negotiation session, for part 5A (Dispute resolution)—see
section 35A.
officer of the commission means a statutory officer of the
commission or a member of the staff of the commission.
practising certificate means an unrestricted practising certificate, a
restricted practising certificate or a barrister practising certificate
under the Legal Profession Act 2006.
prescribed matter, for part 12 (Inquiry relating to affairs of
commission)—see section 84A.
prescribed person, for part 12 (Inquiry relating to affairs of
commission)—see section 84A.
private legal practitioner means a person who is—
(a) a principal of a law practice under the Legal Profession
Act 2006, section 9; or
(b) an Australian legal practitioner employed by a law practice
under the Legal Profession Act 2006.
produce includes permit access to.
records management, for division 8.3 (Records management—legal
services records)—see section 69A.
review committee means a review committee established under
part 6.
statutory interest account—see the Legal Profession Act 2006,
section 253.
statutory officer of the commission means the chief executive officer
or an assistant executive officer.
tribunal includes an authority or person having power to require the
production of documents or the answering of questions, but does not
include a court.
unrestricted practising certificate means an unrestricted practising
certificate under the Legal Profession Act 2006.
1 About the endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
This Act was originally a Commonwealth ordinance—the Legal Aid
Ordinance 1977 No 31 (Cwlth).
The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4)
converted most former Commonwealth ordinances in force in the ACT into ACT
enactments. This allowed the ACT Legislative Assembly to amend and repeal the
laws. This Act was converted into an ACT enactment on 11 May 1989 (self-
government day).
As with most ordinances in force in the ACT, the name was changed from
Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 A1989-21,
s 5 on 11 May 1989 (self-government day).
Before 11 May 1989, ordinances commenced on their notification day unless
otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).
After 11 May 1989 and before 10 November 1999, Acts commenced on their
notification day unless otherwise stated (see Australian Capital Territory (Self-
Government) Act 1988 (Cwlth) s 25).
Legislation before becoming Territory enactment
Legal Aid Act 1977 A1977-31
notified 11 July 1977
s 3 commenced 3 July 1978 (s 2 (2) and Cwlth Gaz 1978 No S108)
remainder commenced 11 July 1977 (s 2 (1))
as amended by
Legal Aid (Amendment) Ordinance 1978 Ord1978-29
notified 26 September 1978
commenced 26 September 1978
Ordinances Revision Ordinance 1978 Ord1978-46 sch 2
notified 28 December 1978
commenced 28 December 1978
Legal Aid (Amendment) Ordinance 1980 Ord1980-15
notified 30 June 1980
commenced 30 June 1980 (s 3)
Legal Aid (Amendment) Ordinance 1982 Ord1982-84
notified 20 October 1982
commenced 11 December 1982 (s 2 and Cwlth Gaz 1982 No S242)
Legal Aid (Amendment) Ordinance 1984 Ord1984-3
notified 10 February 1984
commenced 10 February 1984
Legal Aid (Amendment) Ordinance (No 2) 1984 Ord1984-55 (as am by
Legal Aid (Amendment) Ordinance 1985 Ord1985-1)
notified 19 October 1984
commenced 8 February 1985 (s 2 and Cwlth Gaz 1985 No S26)
Legal Aid (Amendment) Ordinance 1985 Ord1985-1
notified 24 January 1985
commenced 24 January 1985
Note This Act only amends the Legal Aid (Amendment) Ordinance (No 2)