12JDisclosure of interests

12J Disclosure of interests (a) a director of VLA has a direct or indirect pecuniary interest in a matter being considered, or about to be considered, by the board; and (b) the interest could conflict with the proper performance of the director's duties in relation to the consideration of the matter— the director, as soon as practicable after the relevant facts come to the director's knowledge, must disclose the nature of the interest at a meeting of the board. (2) A disclosure under subsection (1) must be recorded in the minutes of the meeting and, unless the board otherwise determines, the director— (a) must not be present during any deliberation of the board in relation to the matter; and (b) must not take part in any decision of the board in relation to the matter. S. 12JA inserted by No. 15/2018 s. 31. 12JA Role of chief executive officer The chief executive officer— (a) has control of the day to day administration of the affairs of VLA in accordance with— (i) the strategic plans and annual corporate plans; and (ii) the policies, priorities and strategies determined by the board; and (iii) any directions given to the chief executive officer by the board; and (b) may exercise any power delegated to the chief executive officer by the board; and (c) subject to directions of the board, may, by instrument, delegate to an officer of VLA— (i) any power of the chief executive officer under this Act, other than this power of delegation; or (ii) any power delegated to the chief executive officer by VLA. S. 12JB inserted by No. 15/2018 s. 31. 12JB Appointment of chief executive officer (1) The board, with the approval of the Attorney-General, may appoint a person as chief executive officer of VLA. (2) The **Public Administration Act 2004** (other than Part 3 of that Act) applies to the chief executive officer of VLA in respect of the office of chief executive officer. (3) A director of VLA is not eligible to be appointed as chief executive officer. S. 12JC inserted by No. 15/2018 s. 31. 12JC Terms and conditions of appointment of chief executive officer (1) The chief executive officer is appointed for the period, not exceeding 5 years, specified in the instrument of appointment. (2) The chief executive officer is eligible for re‑appointment. (3) The chief executive officer is appointed on the terms and conditions (including remuneration and allowances) specified in the instrument of appointment. (4) The chief executive officer may hold office on a full-time or part-time basis. S. 12JD inserted by No. 15/2018 s. 31. 12JD Vacancy, resignation, removal from chief executive officer's office (1) The office of the chief executive officer becomes vacant if the chief executive officer— (a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the officer's creditors or makes an assignment of the officer's remuneration for their benefit; or (b) is convicted of an indictable offence or an offence which, if committed in Victoria, would be an indictable offence. (2) The chief executive officer may resign by notice in writing delivered to the board. (3) The board, with the Attorney-General's approval, may remove the chief executive officer from office. S. 12JE inserted by No. 15/2018 s. 31. 12JE Acting chief executive officer (1) Subject to this section, the board may appoint a person to act as chief executive officer— (a) during a vacancy in the office; or (b) during any period or all periods when the chief executive officer is absent from duty or from the State or is for any other reason unable to perform the duties of that office. (2) An appointment under subsection (1) must not be for a period of more than 6 months. (3) Subject to subsection (4), an acting chief executive officer is eligible for re‑appointment. (4) The Attorney-General's approval is required for the re‑appointment of an acting chief executive officer if the re‑appointment would result in the person having been appointed to act as chief executive officer for more than 6 months in any one 12 month period. (5) Subject to subsections (2) and (6), an appointment under subsection (1) is on the terms and conditions determined by the board. (6) An appointment under subsection (1) must be on terms not more favourable than those applying to the chief executive officer. (7) While so acting, the person appointed under subsection (1) has all the powers and may perform all the functions and duties conferred by this Act or any other Act on the chief executive officer. (8) The **Public Administration Act 2004** (other than Part 3 of that Act) applies to an acting chief executive officer of VLA in respect of the office of acting chief executive officer. S. 12JF inserted by No. 15/2018 s. 31. 12JF Validity of decisions of chief executive officer (1) An act or decision of the chief executive officer is not invalid merely because of a defect or irregularity in, or in connection with, the appointment of the chief executive officer. (2) Anything done by or in relation to a person purporting to act as chief executive officer is not invalid merely because— (a) the occasion for the appointment had not arisen; or (b) there was a defect or irregularity in relation to the appointment; or (c) the appointment had ceased to have effect; or (d) the occasion for the person to act had not arisen or had ceased. S. 12K inserted by No. 48/1995 s. 6. 12K Community consultative committee (1) There shall be established a community consultative committee. (2) The function of the committee is to make recommendations to the board in relation to any matter referred to the committee by the board. (3) The committee must consist of not less than 2 members of whom— S. 12K(3)(a) amended by No. 15/2018 s. 38(1). (a) one shall be a person nominated by the Federation of Community Legal Centres; and (b) one shall be a person representing staff of VLA nominated by the staff— and any other person or persons who may be appointed by the board to be members of the committee. S. 12K(4) amended by No. 15/2018 s. 38(2). (4) If the Federation of Community Legal Centres or the staff of VLA do not within one month after receiving a request in writing from the board to submit a nomination for the purposes of this section, submit a nomination, the board may appoint a person whom the board considers appropriate and that person shall be deemed to have been nominated by the Federation of Community Legal Centres or the staff of VLA, as the case may be. (5) Subject to directions of the board, the committee may regulate its own procedure. S. 12L (Heading) inserted by No. 15/2018 s. 16. S. 12L inserted by No. 48/1995 s. 6. 12L Terms and conditions of appointment to community consultative committee (1) A member of the community consultative committee holds office for the period, not exceeding 3 years, specified in the instrument of appointment and is eligible for re-appointment. (2) The board may in the instrument of appointment of a member of the committee specify terms and conditions of appointment. (3) The board may remove a member of the committee from office at any time. (4) A member may resign his or her office in writing given to the board. (5) A member of the committee is entitled to be paid any fees for attendance at meetings of the committee and allowances that are determined by the board in relation to that member. S. 12LA inserted by No. 15/2018 s. 17. 12LA Collaborative planning committee (1) There shall be established a collaborative planning committee. (2) The function of the committee is to provide evidence-based advice and recommendations to the board in relation to— (a) the legal and related needs of the community; and (b) the provision of legal aid; and (c) VLA's functions under section 6(1)(ab) and (ac). (3) The committee— (a) must consist of— (i) an employee or officer of VLA (other than a director of the board) appointed by the board; and (ii) a person nominated by the Federation of Community Legal Centres; and (iii) a person nominated by the Law Institute; and (iv) a person nominated by the Victorian Bar; and (v) a person nominated by the Department of Justice and Regulation; and (vi) a person nominated by the Victoria Law Foundation; and (b) may additionally consist of no more than 3 persons nominated by the committee. (4) In nominating a person as described in subsection (3)(b), the committee must have regard to the need for the committee to have experience and expertise that is relevant to its functions. (5) On receiving a nomination referred to in subsection (3)(a)(ii), (iii), (iv), (v), (vi) or (3)(b), the board must appoint the nominated person to the committee. (6) The committee may regulate its own procedure. (7) The committee is to have a chairperson, who is to be appointed by the committee in accordance with the committee's procedures. S. 12LB inserted by No. 15/2018 s. 17. 12LB Terms and conditions of appointment to collaborative planning committee (1) A member of the collaborative planning committee holds office for the period, not exceeding 3 years, specified in the instrument of appointment and is eligible for re-appointment. (2) The board may, in the instrument of appointment of a member of the committee, specify terms and conditions of the appointment. (3) A member, other than a member who is employed under Part 3 of the **Public Administration Act 2004**, is entitled to be paid the remuneration and allowances fixed in the instrument of appointment by the board. (4) A member of the committee may resign from that office in writing given to the board. S. 12LC inserted by No. 15/2018 s. 17. 12LC Reports of collaborative planning committee (1) The collaborative planning committee may give the board recommendations in the form of a report that includes a request for a response. (2) The board must provide a response within 3 months of receiving a report under subsection (1). (3) The board's response must set out the action (if any) that has been taken, or will be taken, in relation to the recommendations in the report. (4) Nothing in this section prevents the collaborative planning committee from giving recommendations to the board other than in accordance with this section. S. 12M inserted by No. 48/1995 s. 6. 12M Attorney-General may give directions to the board S. 12M(1) amended by No. 44/1997 s. 13(3). (1) The Attorney-General may give to the board written directions in relation to— (a) the performance of the functions or exercise of the powers of VLA; (b) the policies, priorities or guidelines of VLA, including priorities in the funding of legal aid; S. 12M(1)(c) inserted by No. 93/1998 s. 14(1). (c) the provision of legal aid by VLA in accordance with a legal aid arrangement. S. 12M(1A) inserted by No. 93/1998 s. 14(2). (1A) The Attorney-General may only give a direction under subsection (1)(c) if that direction has been requested in writing by the Commonwealth Attorney-General after the Commonwealth Attorney-General has consulted with the Attorney-General and VLA. (2) A direction under subsection (1) must not relate to the grant of legal aid to any specific person. (3) The board must comply with any direction given under subsection (1). S. 12M(4) amended by No. 15/2018 s. 32. (4) A direction has effect when written notice of the direction is received by the chairperson. (5) The Attorney-General must cause a copy of a direction given under this section to be tabled in each House of the Parliament within 10 sitting days of the House after notice of the direction is given. S. 12MA inserted by No. 15/2018 s. 19. 12MA Directions regarding funding of community legal services (1) The Attorney-General may give the board a written direction requiring that the total amount paid out of the Fund to community legal services in a financial year must not be below a specified amount. (2) The Attorney-General may specify an amount referred to in subsection (1) by specifying a method for calculating that amount. (3) The board must comply with any direction given under subsection (1). (4) The Attorney-General may vary or revoke a direction under subsection (1). S. 12MB inserted by No. 15/2018 s. 19. 12MB Strategic plan (1) VLA must, in respect of each applicable period— (a) prepare a plan regarding VLA's strategy for its operation during that period; and (b) submit the plan to the Attorney-General on or before the day specified for that period by the Attorney-General by notice in writing given to VLA. (2) The ***applicable periods*** are the consecutive periods of 4 years, the first of which begins on 1 July 2018. (3) The Attorney-General may specify that the strategic plan for the first applicable period is to be submitted on a day that is later than 1 July 2018. (4) The strategic plan for an applicable period must— (i) the intended achievements and financial projections of VLA for that period; and (ii) the matters which VLA intends to prioritise or have regard to when making decisions during that period; and (b) be in a form agreed to by VLA and the Attorney-General. (5) No later than one month after a strategic plan is received by the Attorney-General, the Attorney-General may— (a) approve the plan; or (b) request VLA to amend the strategic plan. (6) If, by the end of the period referred to in subsection (5), the Attorney-General has not taken an action referred to in subsection (5)(a) or (b), the Attorney-General is taken to have approved the strategic plan. (7) If the Attorney-General requests amendments under subsection (5)(b), VLA must— (a) consult the Attorney-General about the requested amendments; and (b) amend the plan as agreed with the Attorney-General; and (c) submit the amended plan no later than 2 months after the amendments were requested. (8) VLA may, with the Attorney-General's agreement, amend a strategic plan approved by the Attorney-General. (9) VLA must publish a strategic plan on its internet site— (a) as soon as practicable after it is approved by the Attorney-General; and (b) if the plan is later amended under subsection (8), as soon as practicable after that amendment. S. 12MC inserted by No. 15/2018 s. 19. 12MC Annual corporate plan (1) Before 31 August in each year, VLA must— (a) prepare a plan in accordance with this section for the financial year that begins in that year; and (b) submit the plan to the Attorney-General. (2) The corporate plan for a financial year must— (i) VLA's budget for that financial year, including the total amount that is to be paid out of the Fund to community legal services in that year; and (ii) the priorities, intended achievements and intended activities for that financial year; and (iii) the financial projections of VLA for that financial year; and (b) be consistent with— (i) each strategic plan that applies to any part of that financial year; and (ii) any direction given under section 12MA(1) for that financial year; and (c) be in a form agreed to by VLA and the Attorney-General. (3) No later than one month after a corporate plan is received by the Attorney-General, the Attorney-General may give VLA comments on the corporate plan. (4) If, by the end of the period referred to in subsection (3), the Attorney-General has not given VLA comments in accordance with that subsection, VLA must publish the corporate plan on its internet site as soon as practicable. (5) If the Attorney-General gives comments under subsection (3), the following provisions apply— (a) VLA may amend the corporate plan having regard to the comments; and (b) no later than one month after comments are given, VLA must— (i) publish the plan, incorporating any amendments made under paragraph (a), on its internet site; and (ii) if the plan was amended, give a copy of the amended plan to the Attorney-General. S. 12N (Heading) inserted by No. 15/2018 s. 20(1). S. 12N inserted by No. 48/1995 s. 6. 12N Annual report S. 12N(1) amended by No. 15/2018 s. 20(2). (1) VLA must each September furnish to the Attorney-General a report of the operations of VLA during the year ending on 30 June of that year together with the audited financial statements in respect of that year. S. 12N(1A) inserted by No. 15/2018 s. 20(3). (1A) The annual report for a financial year must set out the operations of VLA by reference to, or comparison with, the budget, intended achievements, intended activities and financial projections set out in the corporate plan for that financial year. S. 12N(2) amended by No. 15/2018 s. 20(4). (2) The Attorney-General must cause the annual report and the audited financial statements to be laid before both Houses of Parliament as soon as practicable after receipt or, if Parliament is not then sitting, as soon as practicable after the next meeting of Parliament. (3) Subject to subsection (4) but despite any other provision in this Act, VLA— (a) may at any time furnish to the Attorney-General any report it considers necessary; and (b) must provide without delay to the Attorney-General any information that the Attorney-General may require in relation to any matter dealt with by VLA. (4) VLA is not required to provide information of the kind referred to in section 43 unless the assisted person concerned consents to the provision of the information. S. 12O inserted by No. 15/2018 s. 21. 12O Quarterly reports (1) No later than 2 months after the end of a quarter, VLA must prepare and publish a quarterly report on VLA's internet site. (2) The quarterly report for a quarter must— (i) VLA's financial performance for that quarter; and (ii) a projection of VLA's financial performance for the next quarter; and (iii) VLA's service delivery performance for that quarter; and (iv) a projection of VLA's service delivery performance for the next quarter; and (b) measure those performances and projected performances against indicators specified by the Attorney-General by notice in writing given to VLA. (3) For the purposes of this section, each of the following periods is a ***quarter***— (a) the period beginning on 1 January and ending on 31 March; (b) the period beginning on 1 April and ending on 30 June; (c) the period beginning on 1 July and ending on 30 September; (d) the period beginning on 1 October and ending on 31 December. Part III—Officers of commission Ss 13, 14 repealed by No. 48/1995 s. 10(a). 15 Officers and employees S. 15(1) substituted by No. 48/1995 s. 10(b)(i). (1) VLA may employ any officers and employees necessary for the purposes of this Act. S. 15(2) substituted by No. 48/1995 s. 10(b)(i). (2) VLA must consult with the Secretary to the Department of Justice on the terms and conditions of employment of officers and employees. S. 15(2A) inserted by No. 10/1986 s. 8(1), repealed by No. 48/1995 s. 10(b)(ii). S. 15(3) repealed by No. 48/1995 s. 10(b)(ii). S. 15(4) amended by No. 48/1995 s. 10(b)(iii). (4) VLA, if it is practicable to do so, shall make reciprocal arrangements with other legal aid commissions for the purpose of facilitating the transfer of staff between VLA and any of those other legal aid commissions. S. 16 amended by Nos 61/1989 ss 6, 15(1), 48/1995 s. 10(c)–(g), 35/1996 s. 453(Sch. 1 items 47.2–47.4), substituted by No. 18/2005 s. 18(Sch. 1 item 57.5). 16 VLA and its officers are subject to legal professional standards and duties (1) VLA or an officer of VLA when engaging in legal practice— (a) must observe the same rules and standards of professional conduct and ethics as those that a legal practitioner is, by law or a custom of the legal profession, required to observe in engaging in legal practice; and (b) is subject to the same professional duties as those to which a legal practitioner is subject, by law or a custom of the legal profession, in engaging in legal practice. (2) For the purpose of the application of subsection (1) in respect of a member of staff of VLA who is providing legal services to a person— (a) VLA is deemed to be a law practice retained by the person to act on the person's behalf; and (b) the members of staff of VLA are deemed to be employed by that law practice. (3) For the purposes of this section, a reference to engaging in legal practice or providing legal services includes a reference to exercising a right of audience in a court. (4) VLA must indemnify an officer of VLA against any negligent act or omission by the officer in the course of the performance of his or her duties or in good faith in the purported performance of those duties. S. 16(5) amended by No. 17/2014 s. 160(Sch. 2 item 55.2). (5) Parts 4.2 and 4.5 of the Legal Profession Uniform Law (Victoria) apply to the VLA as if it were an incorporated legal practice. S. 17 amended by Nos 48/1995 s. 10(h), 35/1996 s. 453(Sch. 1 item 47.5).