VICIn ForceAct
Legal Aid Act 1978
40MImmunity for conference chairpersons
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40M Immunity for conference chairpersons
(1) A conference chairperson is not personally liable for anything done or omitted to be done in good faith—
(a) in the capacity of conference chairperson under this Act; or
(b) in the reasonable belief that the thing was done or omitted to be done in the capacity of conference chairperson under this Act.
(2) Any liability that would, but for subsection (1), attach to a conference chairperson, attaches instead to VLA.
Part VII—Financial
S. 41(1) amended by No. 48/1995 s. 10(za)(iii).
41 Legal Aid Fund
(1) There shall be established a Fund to be controlled and administered by VLA and known as the Legal Aid Fund.
(2) Into the Legal Aid Fund shall be paid—
(a) all moneys made available by the State and the Commonwealth or by one or other of them for the purposes of legal aid;
S. 41(2)(b) substituted by No. 35/1996
s. 453(Sch. 1 item 47.13(a)), amended by Nos 18/2005 s. 18(Sch. 1 item 57.26(a)), 17/2014 s. 160(Sch. 2 item 55.6).
(b) all amounts payable to the fund under section 143 of the **Legal Profession Uniform Law Application Act 2014**;
S. 41(2)(ba) inserted by No. 9697 s. 4, repealed by No. 35/1996
s. 453(Sch. 1 item 47.13(b)).
S. 41(2)(c) amended by No. 48/1995 s. 10(za)(iii).
(c) any moneys paid to VLA pursuant to the provisions of the **Appeals Costs Fund Act 1964**;
S. 41(2)(d) amended by Nos 61/1989 s. 15(2), 48/1995 s. 10(za)(iii), 35/1996
s. 453(Sch. 1 item 47.13(c)), 18/2005 s. 18(Sch. 1 item 57.26(b)), 17/2014 s. 160(Sch. 2 item 55.7).
(d) all moneys, other than money required to be paid into a trust account by section 137 of the Legal Profession Uniform Law (Victoria), paid to VLA by assisted persons;
(e) income derived from the investment of moneys forming part of the Fund;
S. 41(2)(f) amended by No. 48/1995 s. 10(za)(iii).
(f) costs payable to VLA under section 46;
(g) any amount standing at the commencement of this Part to the credit of the Legal Aid Fund established under section 10 of the **Legal Aid Act 1969**; and
S. 41(2)(h) amended by No. 48/1995 s. 10(za)(iii).
(h) any other moneys paid to VLA for the purposes of the provision of legal assistance or otherwise for the purposes of the Fund.
(3) Out of the Fund shall be paid—
(a) amounts payable in or in connexion with the provision of legal aid;
S. 41(3)(b) substituted by No. 10/1986 s. 19(b), amended by Nos 48/1995 s. 10(za)(i), 44/1997
s. 17(19), 15/2018 s. 34.
(b) the remuneration and allowances of the directors of the board, the acting chairperson, the chief executive officer and acting chief executive officer, the members of the community consultative committee and independent reviewers;
S. 41(3)(c) amended by No. 48/1995 s. 10(za)(iii).
(c) the administrative costs and expenses incurred by VLA in the provision of legal assistance including—
(i) the costs and expenses of providing premises and equipment; and
S. 41(3)(c)(ii) amended by No. 48/1995 s. 10(za)(ii)(iii).
(ii) salaries and wages and other payments to or in respect of the members of the staff of VLA; and
S. 41(3)(d) amended by No. 48/1995 s. 10(za)(iii).
(d) such other amounts as are necessary in order that VLA may properly exercise and perform its powers functions and duties under this Act.
S. 41(4) amended by No. 48/1995 s. 10(za)(iii).
(4) Subject to the approval of the Treasurer VLA may from time to time invest such portion of the Fund as is not immediately required for the purposes of this Act in such a manner as it thinks fit.
S. 41(5) inserted by No. 10/1986 s. 19(a).
(5) The Treasurer may advance from the Public Account any moneys required during the course of a financial year to meet payments out of the Fund pending the payment into the Fund of the moneys referred to in subsection (2)(b).
S. 41(6) inserted by No. 10/1986 s. 19(a).
(6) All moneys advanced to the Fund under subsection (5) must be repaid to the Public Account in the same financial year in which the moneys were advanced.
S. 41(7)(8) inserted by No. 61/1989 s. 15(3), repealed by No. 48/1995 s. 10(za)(iv).
S. 42 substituted by No. 10/1986 s. 20(1), repealed by No. 31/1994 s. 4(Sch. 2 item 47).
Part VIII—Miscellaneous