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—