27Conditions

27 Conditions S. 27(1) amended by No. 10/1986 s. 13(1)(a). (1) The granting under this Act of an application by a person for legal assistance, other than legal assistance to which section 26(1) applies, may be on the basis that the assistance will be provided without charge or may be subject to all or any of the following conditions— S. 27(1)(a) amended by Nos 38/1992 s. 7(a)(i)(ii), 48/1995 s. 10(o). (a) a condition that the person pays to VLA or as directed by VLA a contribution of a specified amount or an amount to be specified towards the cost to VLA of providing the assistance and that the person is or may be required to pay interest on the specified amount or amount to be specified, upon any terms and conditions determined by VLA; and S. 27(1)(b) amended by Nos 38/1992 s. 7(b)(i)(ii), 48/1995 s. 10(o). (b) a condition that the person makes a payment or payments to VLA or as directed by VLA in respect of any out-of-pocket expenses incurred, or to be incurred, by VLA in providing the assistance and that the person is or may be required to pay interest on the payment or payments incurred or to be incurred, upon any terms and conditions determined by VLA; and S. 27(1)(c) inserted by No. 10/1986 s. 13(1)(b), amended by Nos 38/1992 s. 7(c), 48/1995 s. 10(o). (c) a condition that the cost or part of the cost, and any interest payable on the whole or the part of the cost to VLA of providing assistance be secured— S. 27(1)(c)(i) amended by No. 38/1992 s. 10(3). (i) by a charge under section 47A(1) over any land or a charge over any other property which is recovered or preserved for that person in the proceedings; or S. 27(1)(c)(ii) amended by Nos 48/1995 s. 10(o), 76/2001 s. 3. (ii) in any other manner VLA thinks fit over any property, whether land or any other property, in which the person has an interest or in which the person acquires an interest during the period of assistance. S. 27(1A) inserted by No. 10/1986 s. 13(1)(c), amended by No. 48/1995 s. 10(o). (1A) VLA must advise the applicant in writing before imposing any condition under subsection (1)(c) on the provision of legal assistance. S. 27(1B) inserted by No. 38/1992 s. 7(d), amended by No. 48/1995 s. 10(o). (1B) VLA may not impose a condition under subsection (1) requiring a person to pay a rate of interest which exceeds 70% of the rate fixed under section 2 of the **Penalty Interest Rates Act 1983**. S. 27(1C) inserted by No. 38/1992 s. 7(d), amended by No. 48/1995 s. 10(o). (1C) If VLA has imposed a condition under subsection (1) requiring a person to pay interest on any amount payable to VLA, interest must not accrue until 30 days after VLA has communicated to the assisted person under section 33— (a) its decision to impose a condition requiring the payment of the amount; and (b) its decision to impose the condition requiring the payment of interest. S. 27(1D) inserted by No. 38/1992 s. 7(d). (1D) If communication of one decision to impose a condition is given at a different time from the other, interest must not accrue until 30 days after the later communication. S. 27(2) amended by Nos 10/1986 s. 13(1)(d), 48/1995 s. 10(o). (2) An amount required to be paid by an assisted person under this section shall be paid or secured in such manner and within such time as VLA directs. S. 27(3) amended by No. 48/1995 s. 10(o). (3) If a person who is or has been an assisted person has not paid an amount payable by him to VLA under this section, the amount is recoverable by VLA by action in a court of competent jurisdiction as a debt due and payable to VLA. S. 27(4) inserted by No. 93/1998 s. 5. (4) All money paid by persons in accordance with a condition imposed under subsection (1) on account of costs or out-of-pocket expenses in advance of legal assistance to be provided by VLA— S. 27(4)(a) amended by Nos 18/2005 s. 18(Sch. 1 item 57.10), 17/2014 s. 160(Sch. 2 item 55.3). (a) is not required to be treated as trust money within the meaning of the Legal Profession Uniform Law (Victoria), despite anything to the contrary in that Act; and (b) must be paid into the Fund. S. 27A inserted by No. 93/1998 s. 6.