VICIn ForceAct
Legal Aid Act 1978
43Officers etc. of VLA not to reveal any information without consent of VLA
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43 Officers etc. of VLA not to reveal any information without consent of VLA
S. 43(1AA) inserted by No. 15/2018 s. 41(1).
(1AA) Subsections (1) and (2) apply to a person who is or was—
(a) the chairperson or another director of the board; or
(b) the chief executive officer; or
(c) a member of the community consultative committee; or
(d) a member of the collaborative planning committee; or
(e) an independent reviewer; or
(f) an employee or officer of VLA; or
(g) a delegate of VLA; or
(h) a person employed by a delegate of VLA.
S. 43(1) amended by Nos 10/1986 ss 9(b), 16(b), 61/1989 s. 13(1), 14/1994 s. 7(1), 48/1995 s. 10(zb)(i)(ii), 44/1997
s. 17(20)(a), 15/2018 s. 41(2).
(1) A person to whom this subsection applies shall not without the consent of VLA—
S. 43(1)(a) amended by Nos 48/1995 s. 10(zb)(ii), 44/1997
s. 17(20)(b).
(a) produce in a court any document received by VLA or any officer of VLA or by an independent reviewer in relation to an application for legal assistance or the provision of legal assistance; or
S. 43(1)(b) amended by Nos 48/1995 s. 10(zb)(ii), 35/1996
s. 453(Sch. 1 item 47.14(a)), 44/1997
s. 17(20)(b).
(b) communicate or permit to be communicated to any person other than the legal practitioner acting for the assisted person or give in evidence in a court any information received by VLA or any officer of VLA or by an independent reviewer in relation to an application for legal assistance or the provision of legal assistance.
1. 25 penalty units or imprisonment for 6 months.
S. 43(2) amended by Nos 10/1986 ss 9(b), 16(b), 61/1989 s. 13(2), 48/1995 s. 10(zc)(i)(ii), 44/1997
s. 17(21), 15/2018 s. 41(3).
(2) A court shall not have power to compel a person to whom this subsection applies to produce any such document or communicate or give in evidence any such information unless VLA, the applicant for legal assistance or the assisted person has consented to that production or communication.
S. 43(3) inserted by No. 14/1994 s. 7(2), amended by No. 48/1995 s. 10(zd)(i)(ii), repealed by No. 15/2018 s. 41(4).
S. 43(4) inserted by No. 14/1994 s. 7(2), amended by Nos 48/1995 s. 10(ze), 35/1996
s. 453(Sch. 1 item 47.14(b)), substituted by No. 18/2005 s. 18(Sch. 1 item 57.27).
(4) If VLA calls for tenders to conduct a case, a private law practice that, or private legal practitioner who, is supplied with any information about the case by VLA, and any person who is a partner, director or employee of such a private law practice, must not without the consent of VLA—
(a) communicate or permit to be communicated to any person, or give in evidence in a court, any of that information; or
(b) produce in a court any document received from VLA in relation to the case.
1. 25 penalty units or imprisonment for 6 months.
S. 43(5) inserted by No. 14/1994 s. 7(2), amended by Nos 48/1995 s. 10(ze), 18/2005 s. 18(Sch. 1 item 57.28).
(5) A court does not have the power to compel any private law practice or partner, director or employee of a private law practice to communicate, or give in evidence, any such information or to produce any such document unless VLA, or the person on whose behalf the case is being (or was) conducted, has consented to the communication or production.
S. 44 amended by No. 9945 s. 3(1)(Sch. 1 item 34), substituted by No. 10/1986 s. 21.