43APayment of costs to law practices

#### 43A Payment of costs to law practices 43A Payment of costs to law practices > > (1) The Commission may defer payment of any fees payable by it to a law practice in connection with proceedings in respect of which legal aid has been granted— > > > > > (a) until the Commission is satisfied that the law practice has taken reasonable steps to recover any party and party costs to which the legally assisted person is entitled, or > > > > > (b) until the conclusion of any official investigation in relation to— > > > > > > > (i) any alleged breach of this Act or the regulations by the law practice, > > > > > > > (ii) any alleged fraud or misrepresentation by the law practice in relation to the provision of legal aid or any such fraud or misrepresentation to which the law practice is a party, or > > > > > > > (iii) any alleged improper action by the law practice in bringing, defending or conducting any proceedings in relation to which legal aid has been provided or any such action to which the law practice is a party, or > > > > > > > (iv) any matter concerning the assignment of work to, or the performance of work by, the law practice, or > > > > > (c) until the completion of any criminal or disciplinary proceedings commenced against the law practice in respect of a matter referred to in paragraph (b). > > > (1A) A reference in subsection (1) (b) to an official investigation includes a reference to an investigation conducted by or under the authority of the Commission, but only if the Commission has given written notice to the law practice concerned that the investigation is to be or is being conducted. > > > (2) Without affecting any other power of the Commission to refuse payment of any fees, the Commission may refuse to make a payment of any fees to a law practice in connection with proceedings in respect of which legal aid has been granted if any allegation referred to in subsection (1) (b) against the law practice is substantiated in any criminal or disciplinary proceedings. > > > (2A) The power of the Commission to defer or refuse to make a payment to a law practice under this section applies only to the payment of fees in connection with the proceedings in respect of which legal aid has been granted and to which subsection (1) relates. > > > (3) A law practice is a party to any fraud or misrepresentation or to any improper action if the law practice becomes aware of any such fraud, misrepresentation or improper action and fails to notify the Commission promptly of that fact. > > > (4) The Commission may reduce an amount payable by the Commission to a law practice by an amount payable by the law practice to the Commission. > > > (5) A reference to a law practice in this section includes a reference to an associate of a law practice. > > **s 43A:** Ins 1985 No 86, Sch 1 (24). Am 1987 No 9, Sch 2 (7); 1989 No 137, Sch 1 (5); 1996 No 94, Sch 4 \[15\] \[16\]; 2002 No 49, Sch 1 \[3\] \[4\]; 2019 No 20, Sch 1.15\[4\] \[11\]–\[14\].