54Transitional provision—Justice Legislation Amendment (Access to Justice) Act 2018

54 Transitional provision—Justice Legislation Amendment (Access to Justice) Act 2018 (1) Despite the amendments made to section 11 by section 24 of the **Justice Legislation Amendment (Access to Justice) Act 2018**— (a) the board is taken to be the same body as it was immediately before the commencement of those amendments; and (b) no decision, matter or thing is affected because of those amendments; and (c) a director of the board who held office immediately before that commencement continues in office, subject to this Act, on the same terms and conditions on which the director held office immediately before that commencement. (2) On and after the day on which section 25 of the **Justice Legislation Amendment (Access to Justice) Act 2018** comes into operation, the person who, immediately before that day, held the office of managing director under section 12A as in force immediately before that day— (a) ceases to be a member of the board; and (b) is taken to be appointed as chief executive officer for the remainder of the term that is specified in the instrument of appointment as managing director. Pt 9 (Heading and ss 51–64) amended by No. 50/1988 s. 93(2)(Sch. 2 Pt 2 item 30), repealed by No. 14/1994 s. 8. Endnotes 1 General information See [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information. The **Legal Aid Commission Act 1978** was assented to on 19 December 1978 and came into operation as follows: Section 4 on 4 April 1979: Government Gazette 4 April 1979 page 901; sections 1–3, 5–8, 12, 13, 15, 18, 19, 21, 22, 49–64 on 13 February 1980: Government Gazette 13 February 1980 page 498; rest of Act on 1 September 1981: Government Gazette 15 July 1981 page 2307. Appointed day under section 51 is 1 September 1981. The name of this Act was changed from the **Legal Aid Commission Act 1978** to the **Legal Aid Act 1978** by the **Legal Aid Commission (Amendment) Act 1995**, No. 48/1995 section 4. INTERPRETATION OF LEGISLATION ACT 1984 (ILA) Style changes Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act. References to ILA s. 39B Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause. Interpretation As from 1 January 2001, amendments to section 36 of the ILA have the following effects: • Headings All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A). • Examples, diagrams or notes All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A). • Punctuation All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B). • Provision numbers All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C). • Location of "legislative items" A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B. • Other material Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. See section 36(3)(3D)(3E). 2 Table of Amendments This publication incorporates amendments made to the **Legal Aid Act 1978** by Acts and subordinate instruments. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– **Legal Profession Practice (Amendment) Act 1981, No. 9697/1981** | Assent Date: | 5.1.82 | | Commencement Date: | 31.3.82: s. 1(3) | **Penalties and Sentences (Amendment) Act 1983, No. 9945/1983** | Assent Date: | 20.9.83 | | Commencement Date: | S. 3(1)(Sch. 1 item 34) on 20.12.83: Government Gazette 14.12.83 p. 4035 | **Legal Aid Commission (Amendment) Act 1986, No. 10/1986** | Assent Date: | 8.4.86 | | Commencement Date: | 1.5.86: Government Gazette 30.4.86 p. 1116 | **Community Services Act 1987, No. 16/1987** | Assent Date: | 12.5.87 | | Commencement Date: | S. 4(3)(Sch. 1 item 13) on 22.2.89: Government Gazette 22.2.89 p. 386 | **State Superannuation Act 1988, No. 50/1988** | Assent Date: | 24.5.88 | | Commencement Date: | S. 93(2)(Sch. 2 Pt 2 item 30) on 1.7.88: Government Gazette 1.6.88 p. 1487 | **Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989** | Assent Date: | 14.6.89 | | Commencement Date: | S. 4(1)(a)–(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90 p. 2217 | **Legal Aid Commission (Amendment) Act 1989, No. 61/1989** (as amended by Nos 48/1995, 35/1996, 44/1997) | Assent Date: | 12.9.89 | | Commencement Date: | Ss 1–4, 6, 7, 9(1)(a)(f)–(n), 10, 11, 13–15 on 20.9.89: Government Gazette 20.9.89 p. 2403; s. 12 on 14.7.97: Special Gazette (No. 77) 10.7.97 p. 1; s. 8 on 28.7.97: Government Gazette 24.7.97 p. 1824; s. 9(1)(d)(i) never proclaimed, repealed by No. 35/1996 s. 453(Sch. 1 item 48(b)(i)) | **Legal Aid Commission (Amendment) Act 1992, No. 38/1992** | Assent Date: | 16.6.92 | | Commencement Date: | 12.8.92: Government Gazette 12.8.92 p. 2178 | **Legal Aid Commission (Amendment) Act 1994, No. 14/1994** | Assent Date: | 3.5.94 | | Commencement Date: | 3.5.94 | **Financial Management (Consequential Amendments) Act 1994, No. 31/1994** | Assent Date: | 31.5.94 | | Commencement Date: | S. 4(Sch. 2 item 47) on 1.1.95: Government Gazette 28.7.94 p. 2055 | **Legal Aid Commission (Amendment) Act 1995, No. 48/1995** | Assent Date: | 14.6.95 | | Commencement Date: | Pt 1 (ss 1–3) on 14.6.95: s. 2(1); rest of Act on 14.12.95: s. 2(3) | **Miscellaneous Acts (Omnibus Amendments) Act 1996, No. 22/1996** | Assent Date: | 2.7.96 | | Commencement Date: | Pt 5 (ss 13–15) on 2.7.96: s. 2(1) | **Legal Practice Act 1996, No. 35/1996** | Assent Date: | 6.11.96 | | Commencement Date: | S. 453(Sch. 1 items 47.1–47.15) on 1.1.97: s. 2(3) | **Law and Justice Legislation Amendment Act 1997, No. 44/1997** | Assent Date: | 11.6.97 | | Commencement Date: | Ss 12, 18, 24 on 11.6.97: s. 2(1); ss 14–17, 19–23 on 14.7.97: Special Gazette (No. 77) 10.7.97 p. 1; s. 13 on 1.7.98: s. 2(3) | **Legal Practice (Amendment) Act 1997, No. 102/1997** | Assent Date: | 16.12.97 | | Commencement Date: | S. 49(Sch. item 3) on 16.12.97: s. 2(1) | **Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998** | Assent Date: | 26.5.98 | | Commencement Date: | S. 7(Sch. 1) on 1.7.98: s. 2(2) | **Transfer of Land (Single Register) Act 1998, No. 85/1998** | Assent Date: | 17.11.98 | | Commencement Date: | S. 24(Sch. item 38) on 1.1.99: s. 2(3) | **Legal Aid (Amendment) Act 1998, No. 93/1998** | Assent Date: | 24.11.98 | | Commencement Date: | All of Act (*except* Pts 3, 4) on 24.11.98: s. 2(1); Pt 3 (ss 5, 6) Pt 4 (ss 7–12) on 1.1.99: s. 2(3) | **Legal Aid (Amendment) Act 2001, No. 76/2001** | Assent Date: | 27.11.01 | | Commencement Date: | 28.11.01: s. 2 | **Public Administration Act 2004, No. 108/2004** | Assent Date: | 21.12.04 | | Commencement Date: | S. 117(1)(Sch. 3 item 111) on 5.4.05: Government Gazette 31.3.05 p. 602 | **Justice Legislation (Amendment) Act 2005, No. 17/2005** | Assent Date: | 24.5.05 | | Commencement Date: | Ss 3–5 on 25.5.05: s. 2(1) | **Legal Profession (Consequential Amendments) Act 2005, No. 18/2005** | Assent Date: | 24.5.05 | | Commencement Date: | S. 18(Sch. 1 item 57) on 12.12.05: Government Gazette 1.12.05 p. 2781 | **Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006** | Assent Date: | 10.10.06 | | Commencement Date: | S. 26(Sch. item 58) on 11.10.06: s. 2(1) | **Justice Legislation Amendment Act 2007, No. 53/2007** | Assent Date: | 17.10.07 | | Commencement Date: | S. 22 on 18.10.07: s. 2(1) | **Justice Legislation Further Amendment Act 2009, No. 55/2009** | Assent Date: | 22.9.09 | | Commencement Date: | Ss 53, 54 on 30.10.09: Government Gazette 29.10.09 p. 2729 | **Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009** | Assent Date: | 24.11.09 | | Commencement Date: | S. 97(Sch. item 76) on 1.1.10: Government Gazette 10.12.09 p. 3215 | **Integrity and Accountability Legislation Amendment Act 2012, No. 82/2012** | Assent Date: | 18.12.12 | | Commencement Date: | S. 163 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 2; s. 310 on 11.2.13: s. 2(5) | **Legal Profession Uniform Law Application Act 2014, No. 17/2014** (as amended by No. 8/2015) | *Assent Date:* | 25.3.14 | | *Commencement Date:* | S. 160(Sch. 2 item 55) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1 | **Criminal Organisations Control and Other Acts Amendment Act 2014, No. 55/2014** | Assent Date: | 26.8.14 | | Commencement Date: | S. 149 on 31.10.14: Special Gazette (No. 330) 23.9.14 p. 1 | **Integrity and Accountability Legislation Amendment (A Stronger System) Act 2016, No. 30/2016** | Assent Date: | 31.5.16 | | Commencement Date: | S. 82 on 1.7.16: Special Gazette (No. 194) 21.6.16 p. 1 | **Justice Legislation (Evidence and Other Acts) Amendment Act 2016, No. 38/2016** | *Assent Date:* | 28.6.16 | | *Commencement Date:* | Ss 12–14 on 3.10.16: Special Gazette (No. 296) 27.9.16 p. 1 | **Justice Legislation Amendment (Access to Justice) Act 2018, No. 15/2018** | *Assent Date:* | 29.5.18 | | *Commencement Date:* | Ss 22–36, 41 on 1.11.18: Special Gazette (No. 517) 30.10.18 p. 1; ss 11–21, 37–40 on 12.4.19: Special Gazette (No. 135) 9.4.19 p. 1 | **Mental Health and Wellbeing Act 2022, No. 39/2022** | Assent Date: | 6.9.22 | | Commencement Date: | S. 844 on 1.9.23: s. 2(2) | ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 3 Explanatory details 1. Pt 2: Section 9 of the **Legal Aid Commission (Amendment) Act 1995**, No. 48/1995 (*repealed*) read as follows: 9 Transitional provision—abolition of LACV (1) In this section— ***appointed day*** means the day on which section 6 comes into operation; ***VLA*** has the same meaning as in the Principal Act; ***former body*** means the Legal Aid Commission of Victoria established under section 3 of the Principal Act as in force immediately before the appointed day. (2) On the appointed day— (a) the former body shall be abolished and the members of the former body shall go out of office; and (b) the Director of Legal Aid shall go out of office; and (c) all rights, property and assets that, immediately before that day, were vested in the former body are, by force of this subsection, vested in VLA; and (d) all debts, liabilities and obligations of the former body existing immediately before that day shall become, by force of this subsection, debts, liabilities and obligations of VLA; and (e) VLA shall, by force of this subsection, be substituted as a party to any proceedings pending in any court to which the former body was a party immediately before that day; and (f) VLA shall, by force of this subsection, be substituted as a party to any arrangement or contract entered into by or on behalf of the former body as a party and in force immediately before that day; and (g) all officers or employees of the former body immediately before that day shall become, by force of this subsection, officers or employees (as the case requires) of VLA; and (h) any reference to the former body in any Act or in any proclamation, Order in Council, rule, regulation, order, agreement, instrument, deed or other document whatsoever shall, so far as it relates to any period after that day and if not inconsistent with the context or subject-matter, be construed as a reference to VLA. (3) A person transferred to VLA under subsection (2)(g) is to be regarded as— (a) having been employed by VLA with effect from the appointed day; and (b) having been so employed on the same terms and conditions as those that applied to the person, immediately before the appointed day, as an officer or employee of the former body; and (c) having accrued an entitlement to benefits, in connection with that employment by VLA, that is equivalent to the entitlement that the person had accrued, as an officer or employee of the former body, immediately before the appointed day. (4) The service of a person referred to in subsection (3) as an officer or employee of VLA is to be regarded for all purposes as having been continuous with the service of the person, immediately before the appointed day, as an officer or employee of the former body. (5) A person referred to in subsection (3) is not entitled to receive any payment or other benefit by reason only of having ceased to be an officer or employee of the former body because of this Act. (6) Nothing in this section prevents— (a) any of the terms and conditions of employment of a person referred to in subsection (2) from being altered by or under any law, award or agreement with effect from any time after the appointed day; (b) a person referred to in subsection (2) from resigning or being dismissed at any time after the appointed day in accordance with the then existing terms and conditions of his or her employment by VLA. (7) Section 43 of the Principal Act continues to apply to— (a) any document or information received by the former body or an officer of the former body or by a legal aid review committee or legal aid appeal committee or by a delegate of the former body or a person employed by the delegate before the appointed day; and (b) any information or document supplied by the former body before the appointed day. [↑](#endnote-ref-2) 2. S. 30: Section 27 of the **Legal Aid Commission (Amendment) Act 1986**, No. 10/1986 (*repealed*) read as follows: 27 Referral panels The referral panels prepared by the Commission under section 30 of the Principal Act before the commencement of this Act are deemed to have been prepared under section 30 as substituted by this Act. [↑](#endnote-ref-3) 3. S. 48A (*repealed*): Section 14 of the **Legal Aid Commission (Amendment) Act 1992**, No. 38/1992 (*repealed*) read as follows: