41Legal Aid Fund 93

41 Legal Aid Fund 93 Part VIII—Miscellaneous 96 43 Officers etc. of VLA not to reveal any information without consent of VLA 96 44 False statements 98 45 Court may order a person convicted of offence under section 44 to pay an amount to VLA 99 46 Legal costs 99 47 Costs to be paid to the Fund 100 47A Costs may be charged on the land 101 47B Charges over Transfer of Land Act land 102 47D Extinguishment of charge 103 47E Enforcement of the charge 103 47F Action not barred by Limitation of Actions Act 1958 105 48 Costs 106 48B Certificate of costs 108 48C Assignment of right to recover money to VLA 108 49 State may enter into agreements and arrangements 109 49AA VLA's power to enter legal aid arrangements 110 49A Supreme Court—limitation of jurisdiction 110 49B Supreme Court—limitation of jurisdiction 110 50 Regulations 111 51 Transitional provisions (1997 Amending Act) 111 52 Transitional provisions: Legal Aid (Amendment) Act 1998 113 53 Saving provision—Justice Legislation (Evidence and Other Acts) Amendment Act 2016 114 54 Transitional provision—Justice Legislation Amendment (Access to Justice) Act 2018 115 Endnotes 117 1 General information 117 2 Table of Amendments 119 3 Explanatory details 124 **Version No.** **073** **Legal Aid Act 1978** **No. 9245 of 1978** Version incorporating amendments as at An Act to establish a Legal Aid Commission and for other purposes. **BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):** 1 Short title and commencement S. 1(1) amended by No. 48/1995 s. 4. (1) This Act may be cited as the **Legal Aid Act 1978**. (2) The several provisions of this Act shall come into operation on the day or the respective days to be fixed by proclamation or successive proclamations of the Governor in Council published in the Government Gazette. S. 1(3) repealed by No. 10/1986 s. 4(d). Part I—Preliminary S. 2 amended by No. 61/1989 s. 4(a). 2 Definitions (1) In this Act, unless inconsistent with the context or subject-matter— S. 2(1) def. of *alternative dispute resolution program* inserted by No. 17/2005 s. 3(a). ***alternative dispute resolution program*** means a program for the resolution of disputes out of court and includes conferencing; S. 2(1) def. of *annual report* inserted by No. 15/2018 s. 18. ***annual report*** means a report under section 12N(1); ***applicant*** means a person who has made application for legal assistance under this Act; S. 2(1) def. of *assisted person* amended by No. 48/1995 s. 5(c). ***assisted person*** means a person to whom legal assistance is provided under this Act, except Part VIA; S. 2(1) def. of *Australian lawyer* inserted by No. 18/2005 s. 18(Sch. 1 item 57.1(a)), repealed by No. 17/2014 s. 160(Sch. 2 item 55.1(a)). ***Australian Legal Aid Office*** means the division of the Attorney-General's Department of the Commonwealth that is designated the Australian Legal Aid Office; S. 2(1) def. of *board* inserted by No. 48/1995 s. 5(b). ***board*** means the board of directors of VLA established under section 11; S. 2(1) def. of *chairman* repealed by No. 48/1995 s. 5(a). S. 2(1) def. of *chairperson* inserted by No. 48/1995 s. 5(b). ***chairperson*** means the chairperson of the board; S. 2(1) def. of *chief executive officer* inserted by No. 15/2018 s. 22(2). ***chief executive officer*** means the chief executive officer of VLA appointed under section 12JB; S. 2(1) def. of *commencing day* repealed by No. 48/1995 s. 5(a). S. 2(1) def. of *Commission* amended by No. 10/1986 s. 4(c), repealed by No. 48/1995 s. 5(a). S. 2(1) def. of *Common-wealth Commission* amended by No. 48/1995 s. 5(d). ***Commonwealth Commission*** means the Attorney-General's Department of the Commonwealth exercising its functions in respect of legal aid; S. 2(1) def. of *community legal service* inserted by No. 15/2018 s. 11. ***community legal service*** has the same meaning as in the Legal Profession Uniform Law (Victoria); S. 2(1) def. of *conference chairperson* inserted by No. 17/2005 s. 3(a). ***conference chairperson*** means a person to whom a matter has been referred for conferencing; S. 2(1) def. of *conferencing* inserted by No. 17/2005 s. 3(a). ***conferencing*** means a structured negotiation process in which a conference chairperson assists the parties to a dispute to settle the dispute; S. 2(1) def. of *corporate plan* inserted by No. 15/2018 s. 18. ***corporate plan*** means a plan under section 12MC(1); ***Court*** includes a tribunal; S. 2(1) def. of *current practitioner* inserted by No. 35/1996 s. 453(Sch. 1 item 47.1(a)), amended by No. 102/1997 s. 49(Sch. item 3), repealed by No. 18/2005 s. 18(Sch. 1 item 57.1(b)). S. 2(1) def. of *Director* repealed by No. 48/1995 s. 5(a). S. 2(1) def. of *duty lawyer services* amended by No. 18/2005 s. 18(Sch. 1 item 57.1(c)). ***duty lawyer services*** means legal services provided by an Australian lawyer attending a court, being legal services consisting of appearing on behalf of a person or giving legal advice to a person at that court, otherwise than by prior arrangement with the person; S. 2(1) def. of *Federation of Community Legal Centres* inserted by No. 15/2018 s. 37. ***Federation of Community Legal Centres*** means the Federation of Community Legal Centres (Vic.) Inc. ABN 30 036 539 902; ***Fund*** means the Legal Aid Fund established under section 41; S. 2(1) def. of *incorporated legal practice* inserted by No. 18/2005 s. 18(Sch. 1 item 57.1(a)), amended by No. 17/2014 s. 160(Sch. 2 item 55.1(b)). ***incorporated legal practice*** has the same meaning as in the Legal Profession Uniform Law (Victoria); S. 2(1) def. of *incorporated practitioner* inserted by No. 35/1996 s. 453(Sch. 1 item 47.1(b)), repealed by No. 18/2005 s. 18(Sch. 1 item 57.1(b)). S. 2(1) def. of *independent reviewer* inserted by No. 44/1997 s. 17(1)(a). ***independent reviewer*** means member of the panel of independent reviewers appointed under section 18 and includes the panel chairperson; S. 2(1) def. of *Law Institute* inserted by No. 15/2018 s. 37. ***Law Institute*** has the same meaning as in the **Legal Profession Uniform Law Application Act 2014**; S. 2(1) def. of *law practice* inserted by No. 18/2005 s. 18(Sch. 1 item 57.1(a)), amended by No. 17/2014 s. 160(Sch. 2 item 55.1(b)). ***law practice*** has the same meaning as in the Legal Profession Uniform Law (Victoria); S. 2(1) def. of *legal advice* amended by No. 18/2005 s. 18(Sch. 1 item 57.1(c)). ***legal advice*** means advice on matters of law given by an Australian lawyer and includes assistance in preparing an application for legal assistance and in furnishing information required for that purpose; S. 2(1) def. of *legal aid* amended by Nos 48/1995 s. 5(e), 17/2005 s. 3(b), 18/2005 s. 18(Sch. 1 item 57.1(d)). ***legal aid*** means— (a) education, advice or information in or about the law; (b) any legal services that may be provided by a law practice or an Australian lawyer; and (c) any other matter within the scope of section 6, 7 or 8— and, without limiting or affecting the generality of the foregoing, includes alternative dispute resolution programs, duty lawyer services, legal advice and legal assistance; S. 2(1) def. of l*egal aid appeal committee* inserted by No. 10/1986 s. 16(a)(i), repealed by No. 44/1997 s. 17(1)(b). *** * * * *** S. 2(1) def. of *legal aid arrangement* inserted by No. 93/1998 s. 13. ***legal aid arrangement*** means an arrangement with respect to the provision of legal aid under which— (a) the Commonwealth— (i) makes available amounts of money for the provision of legal aid; and (ii) specifies the legal aid VLA is to provide in consideration of those amounts of money, including any priorities to be observed by VLA in providing legal aid as between classes of persons or classes of matters; and (b) VLA provides that legal aid in accordance with that arrangement; S. 2(1) def of *legal aid review committee* substituted by No. 10/1986 s. 9(a), repealed by No. 44/1997 s. 17(1)(b). *** * * * *** ***legal assistance*** means legal services provided under this Act other than by way of duty lawyer services or legal advice; S. 2(1) def. of *legal assistance information* inserted by No. 15/2018 s. 11. ***legal assistance information*** means information that is— (a) for use by the community; and (b) designed to provide guidance or education in relation to the law, including— (i) guidance (other than legal advice) for identifying, preventing or dealing with legal problems; and (ii) information on support services that are related to the law; S. 2(1) def. of *legal practitioner* inserted by No. 18/2005 s. 18(Sch. 1 item 57.1(a)), amended by No. 17/2014 s. 160(Sch. 2 item 55.1(c)). ***legal practitioner*** means an Australian legal practitioner; S. 2(1) def. of *managing director* inserted by No. 48/1995 s. 5(b), repealed by No. 15/2018 s. 22(1). ***order for costs*** means a judgment, order, decree, award or direction for payment of the costs of one party to the proceedings by another or others, whether given or made in that proceedings or not; S. 2(1) def. of *officer of the Commission* repealed by No. 48/1995 s. 5(a). S. 2(1) def. of *panel chairperson* inserted by No. 44/1997 s. 17(1)(c). ***panel chairperson*** means chairperson of the panel of independent reviewers appointed under section 18; S. 2(1) def. of *panel member* inserted by No. 44/1997 s. 17(1)(c). ***panel member***, in relation to the panel of independent reviewers, includes the panel chairperson; S. 2(1) def. of *practitioner* repealed by No. 18/2005 s. 18(Sch. 1 item 57.1(b)). ***prescribed*** means prescribed by regulations made under this Act; S. 2(1) def. of *previous committee* repealed by No. 48/1995 s. 5(a). S. 2(1) def. of *principal* inserted by No. 18/2005 s. 18(Sch. 1 item 57.1(a)), amended by No. 17/2014 s. 160(Sch. 2 item 55.1(b)). ***principal***, of a law practice, has the same meaning as in the Legal Profession Uniform Law (Victoria); S. 2(1) def. of *private law practice* inserted by No. 18/2005 s. 18(Sch. 1 item 57.1(a)). ***private law practice*** means a law practice other than VLA; S. 2(1) def. of *private legal practitioner* inserted by No. 18/2005 s. 18(Sch. 1 item 57.1(a)). ***private legal practitioner*** means a legal practitioner who is not employed by VLA; S. 2(1) def. of *private practitioner* substituted by No. 35/1996 s. 453(Sch. 1 item 47.1(c)), amended by No. 102/1997 s. 49(Sch. item 3), repealed by No. 18/2005 s. 18(Sch. 1 item 57.1(b)). S. 2(1) def. of *professional association* inserted by No. 18/2005 s. 18(Sch. 1 item 57.1(a)), substituted by No. 17/2014 s. 160(Sch. 2 item 55.1(d)). ***professional association*** means a local professional association within the meaning of the **Legal Profession Uniform Law Application Act 2014**; S. 2(1) def. of *Review Committee* repealed by No. 10/1986 s. 16(a)(ii). S. 2(1) def. of *solicitor* repealed by No. 35/1996 s. 453(Sch. 1 item 47.1(d)). S. 2(1) def. of *strategic plan* inserted by No. 15/2018 s. 18. ***strategic plan*** means a plan under section 12MB(1); ***the State*** means the State of Victoria; S. 2(1) def. of *Victoria Law Foundation* inserted by No. 15/2018 s. 37. ***Victoria Law Foundation*** means the body corporate continued by section 4 of the **Victoria Law Foundation Act 2009**; S. 2(1) def. of *Victorian Bar* inserted by No. 15/2018 s. 37. ***Victorian Bar*** has the same meaning as in the **Legal Profession Uniform Law Application Act 2014**; S. 2(1) def. of *VLA* inserted by No. 48/1995 s. 5(b). ***VLA*** means Victoria Legal Aid established under section 3. S. 2(2) inserted by No. 61/1989 s. 4(b). (2) It is the intention of Parliament that in this Act ***person*** includes a body corporate. Pt 2 (Heading and ss 3–12) amended by Nos 10/1986 ss 4(a)(b), 5–7, 8(2), 9(b)(c), 13(2), 20(2)(a) (b), 16/1987 s. 4(3)(Sch. 1 item 13), 38/1992 ss 4–6, 14/1994 ss 3, 4, substituted as Pt 2 (Heading and ss 3–12N) by No. 48/1995 s. 6. Part II—Victoria Legal Aid[[1]](#endnote-2) S. 3 substituted by No. 48/1995 s. 6.