Creates a statutory body called Tasmania Legal Aid (the Commission) with corporate powers, a common seal and the ability to hold property and sue or be sued (s4).
Prescribes the Commission's membership, staffing and leadership: 5 Commissioners appointed by the Minister (including a chairperson and the Director), specified experience requirements for Commissioners, and terms, vacancies and meeting rules set out in schedules (s5; Schedule 1; Schedule 2).
Establishes the Director as the Commission’s chief officer (appointed under the State Service Act), and enables acting appointments and staff appointments consistent with State Service arrangements (s8–s10).
Sets out the Commission’s primary functions: provide legal aid, liaise with private legal profession bodies, maximise voluntary private practitioner involvement, permit supervised non-lawyers to participate where practicable, collect and share information, and follow Ministerial directions (s6).
Creates decision-making bodies under the Commission: Legal Aid Committees to decide applications and advise private practitioners (s12–s14); Review Committees to review decisions (s30–s34). Decisions by officers, Committees or the Director follow Commission directions and guidelines (s17; s27).
Establishes how legal aid is delivered: by Commission officers or by engaging private legal practitioners (s15). The Commission keeps a list of willing private practitioners, allocates work equitably while prioritising the assisted person’s interest and stated choice (s22–s23).
The Legal Aid Commission Act 1990 establishes and governs Tasmania Legal Aid (the Commission), a body corporate constituted under section 4. Its primary function, defined in section 6(1)(a), is to provide legal aid in accordance with the Act. Legal aid means the provision of legal assistance and legal services (section 3). The Commission must liaise with professional bodies representing private legal practitioners and make maximum use of voluntary services offered by them (section 6(1)(b)-(d)). It must also encourage non-legal practitioners to participate voluntarily under professional supervision where practicable (section 6(1)(e)). The Commission is required to ascertain the most efficient, economical and effective means of maximising rights and remedies under the law in Tasmania (section 6(1)(g)). The Act directs the Commission, in performing its functions, to have regard to the amount of money in the Legal Aid Fund, to ensure legal aid is provided in the most effective, efficient and economical manner, and to ensure its activities do not prejudice the independence of the private legal profession (section 6(2)). The Commission has powers necessary to perform its functions, including the power to make recommendations to the Minister for law reform (section 7). However, section 7(3) specifically provides that the Commission cannot appoint any person as an employee or officer; such appointments are made under the State Service Act 2000. The Act establishes a framework for determining applications for legal aid through Legal Aid Committees, the Director, or authorised officers (section 17). It creates a Review Committee process for reviewing decisions (Part 5), governs the Legal Aid Fund (Part 6), imposes an offence for false or misleading statements on applications (section 46), and provides immunities for members acting in good faith (section 49). The Act also includes transitional provisions from the former Australian Legal Aid Office and approved schemes under the Legal Assistance Act 1962 (Schedule 3).
Current sections
Direct links to the current provisions in Legal Aid Commission Act 1990.
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Sets eligibility and decision criteria for legal aid, including inability to afford private services and that it be reasonable in all circumstances; lists financial and legal factors the Commission must consider (s19). There is a specific obligation to provide assistance when ordered under section 8A of the Evidence (Children and Special Witnesses) Act (s19(2A)).
Provides for contributions by assisted persons (payment or security), recovery of those contributions as debts, and directions to recover costs where an assisted person is successful (s21; s25). The Commission can require assignment of recoverable costs (s25(6)–(8)).
Controls payments to private practitioners: consultation with the Law Society on fees, an express objective that legal-aid fees be, so far as practicable, less than ordinary professional cost (s24(1)–(2)); the Commission can defer or refuse payment where allegations of misconduct, fraud or improper action are under investigation or proved (s24(4)–(5)).
Sets financial architecture: a Legal Aid Fund holding appropriations, recoveries and investment income; rules on application of the Fund; banking, investment, accounting, estimates and Ministerial approval of expenditure (s35–s42).
Provides procedural safeguards and transparency: written notifications of decisions within 14 days, rights to reasons on request, review rights to Review Committees and limited judicial avenue for private practitioners challenging removal or limitations from the Commission’s list (s22(4)–(8); s28–s34).
Contains offences and remedies: false or misleading statements in applications are an offence with a monetary penalty and possible court-ordered repayment of Commission expenses (s46); certificates by the Director about debts are admissible evidence (s47).
Allows the Minister to make regulations and to establish consultative committees; preserves professional conduct rules for officers practicing as lawyers; and provides immunity for members acting in good faith (s52; s45; s11; s49).
Who is affected
Applicants / assisted persons: must apply in the manner the Commission requires, may be asked to contribute, and may have to assign or repay recoverable costs if they win (s16; s21; s25).
Private legal practitioners: can be placed on a Commission list to receive work, are paid fees set with input from the Law Society and intended to be below ordinary professional rates where practicable, can be removed or limited with procedural notice and may seek Supreme Court review (s22; s24; s22(4)–(8)).
Commission officers and staff: appointed under State Service rules; subject to professional conduct and client confidentiality protections (s8–s10; s11).
The Minister and Government: provide appropriations and may direct certain functions; the Minister approves estimates and can establish consultative committees (s6(1)(h); s35(2)(b); s42).
Why this matters (stated purpose and operational trade-offs)
Stated purpose: to provide legal aid in Tasmania and to organise a system that combines Commission officers and private practitioners, with rules for eligibility, charges, payments and oversight (s6; s15; s19; s27).
Costs and who pays: legal aid is paid from the Legal Aid Fund made up of parliamentary appropriations, recoveries and other money paid to the Commission (s35). Assisted persons may be required to contribute or later repay costs (s21; s25). The public purse (State and Commonwealth appropriations) underwrites the system (s35(2)).
Incentives and trade-offs: setting fees lower than ordinary professional costs (s24(2)) reduces the Commission’s outlays per case but reduces per-case revenue for private practitioners receiving legal-aid briefs, which may affect willingness to participate and shift more work to Commission officers (s15; s6(d)). The Commission explicitly encourages voluntary private work and supervised non-lawyer participation (s6(d)–(e)), which changes supply-side incentives.
Compliance burden and procedures: applicants must supply declarations and documents for eligibility (s16); private practitioners on the list face reporting obligations and possible removal procedures (s14(2); s22(3)–(5)); the Commission must keep records and accounts and submit annual estimates and reports (s40; s42; s48).
Bureaucratic discretion and oversight risks: the Commission and Director have wide powers to decide eligibility, allocate work, set conditions, defer or refuse payments, and remove practitioners from the list (s17; s21; s23; s24; s22). The Minister may direct functions (s6(1)(h)) and approves financial estimates (s42(3)). These provisions create implementation discretion that is checked by written-notice/consultation requirements, review committees (s27; s29–s34), and a limited judicial review route for practitioners on list-removal (s22(5)–(8)).
Effects on private choice and market structure: the Act channels funded legal work through the Commission’s list and allocation process (s22–s23). That channeling and the fee constraints alter the commercial terms of legal service provision for matter types funded by the Commission, and may cause substitution between public-sector officers and private practitioners (s15; s23).
Implementation risks and opportunity costs: sustaining services depends on Fund levels (s35(2)(a)–(b)) and administrative capacity to make timely decisions and manage payments (s17; s24; s42). The Act foresees transitional and savings provisions for past arrangements, showing how institutional change and administrative transition are handled (Schedule 3; Schedules 4–5).
Bottom line
The Act sets up a funded public mechanism to deliver and regulate legal aid in Tasmania: it creates the Commission, allocates decision-making powers among Commission bodies and staff, prescribes eligibility tests, sets funding and payment rules (including reduced fee expectations for legal-aid work), and establishes review, reporting and enforcement procedures. The key operational levers are the Commission’s discretion over eligibility and allocation (s17; s23), its control of the Fund and payments (s35; s24), and the procedural protections for applicants and practitioners (s22(4)–(8); s28; s29–s34).
Main concepts
Several defined terms in section 3 are central to the operation of the Act. An "assisted person" is any person to whom legal aid is provided under the Act. "Legal aid" itself is defined as the provision of both "legal assistance" and "legal services". "Legal assistance" means any legal work or legal advice provided to a person. "Legal services" includes appearing on behalf of a person or giving legal advice in connection with a proceeding otherwise than by prior arrangement with the person. The "Commission" is Tasmania Legal Aid constituted under section 4. The "Director" is the Director of the Commission appointed under section 8, and includes any person appointed to act in that office. An "officer" is defined as a State Service officer or employee employed in the office of the Commission who is a legal practitioner. A "private legal practitioner" is defined as a person practising as a legal practitioner, amended by No. 36 of 2017. "Legal Aid Committee" means a committee established under section 12 to decide on applications and other matters. "Review Committee" means a committee established under section 30 to review decisions. "Guidelines" means guidelines issued by the Commission under section 27, which are to be applied in determining whether legal aid is provided, the conditions, the extent of costs payable against an assisted person, and the amount of costs required to be paid by an assisted person under section 25. The "Fund" is the Legal Aid Fund established under section 35. The "Law Society" means The Law Society of Tasmania continued under the Legal Profession Act 2007. "Chairperson" means the chairperson of the Commission, appointed under section 5(1)(a). "Court" includes a tribunal or person entitled to receive evidence on oath. "Current practising certificate" means a practising certificate in force under the Legal Profession Act 1993 (now the Legal Profession Act 2007 via amendment). Another key concept is the "assisted person's" obligation to pay costs: section 25 provides that an assisted person who is successful in any proceeding is liable to pay the ordinary professional costs of legal aid provided and any disbursements and expenses incurred. The Act also distinguishes between legal aid provided by an officer (in-house) and by a private legal practitioner arranged by the Commission (section 15).
Who it affects
The Act primarily affects three groups: the Commission and its officers, persons seeking or receiving legal aid (applicants and assisted persons), and private legal practitioners who provide services under the scheme. The Commission itself consists of five Commissioners appointed by the Minister under section 5(1): a chairperson (eligible if a former judge, former magistrate, or Australian lawyer of at least five years' standing), the Director, a person with substantial experience and expertise in financial management, a person with experience in business or government operations, and a person nominated by the Law Society. The Director is appointed under the State Service Act 2000 and must be an Australian lawyer (section 8(2)). Officers are State Service officers or employees who are legal practitioners (section 3 definition). Applicants for legal aid must be persons unable to afford the cost of obtaining legal assistance from private legal practitioners and it must be reasonable in all circumstances to provide legal aid (section 19(1)). The Act also affects persons associated with the applicant, such as a spouse or partner or a person financially responsible for the applicant, because the Commission must have regard to the income of such associated persons (section 19(2)(a) and (4)). Legal aid may be provided even if the assisted person's interests are adverse to the State or a public authority (section 20). Non-residents may receive legal aid only if it relates to a proceeding in a Tasmanian court or a matter arising under a Tasmanian law (section 19(3)). Private legal practitioners are affected by the requirement that the Commission keep a list of those willing to act (section 22). The Commission may refuse to include, remove, or limit a practitioner's name on the list, but only after giving written reasons and a reasonable opportunity to be heard; the practitioner may challenge such a decision in the Supreme Court within 28 days (section 22(5)). The allocation of work among listed private practitioners must be equitable and with regard to the nature of their practices, but the assisted person's interest and choice are paramount (section 23). Fees are determined after consulting the Law Society and must be less than ordinary professional costs so far as practicable (section 24). The Commission may defer or refuse fees if an investigation or proceedings against the practitioner relate to breach of the Act, fraud, or improper conduct (section 24(4)-(5)).
Key duties and rights
The Commission has a duty under section 6(2) to ensure legal aid is provided in the most effective, efficient and economical manner while having regard to the Fund's balance. It must issue guidelines (section 27) and directions for the allocation of work between officers and private legal practitioners (section 15(2)). It must issue directions for the classes of cases where applications are decided by a Legal Aid Committee or by an officer (section 17(2)). The Commission must notify applicants and their legal practitioners of decisions within 14 days (section 28) and provide written reasons upon request (section 28(3)). The Director must perform duties imposed under the Act and carry out instructions and decisions of the Commission (section 8(4)). Legal Aid Committees have the function to decide applications, decide other matters, and provide advice to private legal practitioners (section 14(1)). They may require reports or documents from private practitioners (section 14(2)). Applications for legal aid are made in a manner determined by the Commission (section 16(1)), and the applicant must provide required declarations and documents (section 16(2)). The decision on an application includes determining the nature and extent of legal aid, whether it is free or subject to conditions, and whether services are provided by a private practitioner or an officer (section 17(3)). An assisted person has the right to request review of a decision by an officer or Legal Aid Committee to a Review Committee within 14 days (section 29). The Review Committee must allow a reasonable opportunity for written submissions and documents (section 33(1)) and may permit oral address (section 33(2)). The Review Committee may confirm, vary, or set aside the decision and substitute another (section 34(1)); its decision is final, subject to the right to reapply if circumstances change (section 34(6)). An assisted person who is successful in proceedings must pay the ordinary professional costs of legal aid to the Commission (section 25(1)). The Director may direct the assisted person to take specific action to recover costs from the other party (section 25(2)), and the assisted person must pay the recovered amount to the Director (section 25(3)). The Director may also direct the assisted person to assign their rights to recover costs to the Commission (section 25(6)); failure results in deemed assignment (section 25(7)). An assisted person may request the Commission to pay costs awarded against them to the other party (section 26). Private legal practitioners have the right to be on the list of willing practitioners, subject to refusal or removal only after procedural fairness and with Supreme Court review (section 22). They are entitled to fees determined after consultation with the Law Society (section 24(1)), though fees may be deferred or refused if allegations of breach or fraud are substantiated (section 24(4)-(5)).
Penalties and enforcement
The Act creates one specific criminal offence in section 46: making a false or misleading statement or providing a false or misleading document in relation to an application for legal aid, knowing or believing it to be false or misleading. The penalty is a fine not exceeding 50 penalty units. Additionally, if a person is convicted and legal aid was granted, the court may order the person to pay the Commission an amount equal to the expenses incurred in providing that legal aid (section 46(2)). This is a civil remedy in addition to the criminal penalty. Section 47 provides that a certificate signed by the Director certifying that the Commission incurred expenses of a specified amount payable by a person under section 21 or 25 is evidence of those matters. This assists the Commission in recovering debts. Section 21(2)(b) states that any amount payable by an assisted person under a contribution condition is recoverable as a debt due to the Commission. Similarly, section 25(5) provides that the Commission may recover as a debt any amount an assisted person is liable to pay under section 25(3) (costs recovered). The Act also allows the Commission to defer or refuse payment of fees to a private legal practitioner if an investigation or proceeding is underway concerning an alleged breach of the Act or the Legal Profession Act 2007, fraud, misrepresentation, or improper conduct (section 24(4)-(5)). If the allegation is substantiated in criminal or disciplinary proceedings, the Commission may refuse to pay those fees entirely (section 24(5)). The regulations under section 52 may create offences for contravening regulations, with a fine not exceeding 10 penalty units, and for continuing offences a further fine of up to one penalty unit per day. The Act does not specify any other enforcement mechanisms beyond debt recovery and the offence provision. However, the Commission's ability to terminate or vary legal aid under section 18 acts as a quasi-enforcement tool: if a person fails to comply with conditions (e.g., pay contributions, provide information), the Commission may vary the decision to terminate aid. There is no express power to impose administrative penalties for non-compliance other than termination.
How it interacts with other laws
The Act explicitly references several other pieces of legislation. The Director and staff are appointed under the State Service Act 2000 (sections 8(1) and 10(1)). The Director must be an Australian lawyer; if the appointed Director does not hold a current practising certificate, they are deemed to hold such a certificate while in office (section 8(2)-(3)). Similarly, acting Directors who are Australian lawyers but lack a practising certificate are deemed to hold one (section 9(2)). The definition of "legal practitioner" was amended to mean an Australian legal practitioner, aligning with the Legal Profession Act 2007 (section 3). The Law Society is defined by reference to the Legal Profession Act 2007 (section 3). The Commission's ability to defer or refuse fees to a private practitioner can be triggered by an alleged breach of the Legal Profession Act 2007 (section 24(4)(a)(i)). Section 19(1)(ab) was omitted by amendment, and section 19(2A) was inserted by No. 26 of 2020 requiring the Commission to provide legal aid in accordance with section 8A of the Evidence (Children and Special Witnesses) Act 2001 if a judge orders assistance. Section 19(2)(j) also refers to limitations on the person's right to cross-examine a witness under section 8A of that Act. The definition of "partner" in section 19(5) refers to a personal relationship under the Relationships Act 2003. The Commission may invest money from the Fund in any of the ways referred to in section 5 of the Trustee Act 1898 (section 38). Money held on trust is similarly invested (section 39(2)). Transitional provisions in Schedule 3 refer to the Legal Assistance Act 1962 and the Australian Legal Aid Office. Schedule 4 deals with transitional provisions following the Legal Aid Commission Amendment Act 2016, and Schedule 5 deals with the Justice and Related Legislation (Miscellaneous Amendments) Act 2022 which renamed the Commission to Tasmania Legal Aid. The Act provides for exemption from duty, fees or charges under any Act for the Commission, a legal practitioner or an assisted person in relation to any action or proceeding for which legal aid is provided (section 51(1)). If costs are awarded to an assisted person, those costs are deemed to include any duty, fee or charge that would otherwise have been payable (section 51(2)). The Act's interaction with the general law of costs is also significant: section 25 and 26 govern the position of assisted persons in relation to costs orders. Section 25(8) deems assignment of rights to the Commission for recovery of costs, and section 26 deems any amount paid by the Commission to satisfy a costs order against an assisted person to have been paid by the assisted person.
Amendment history
The Act has been amended many times. Notable amendments include: No. 68 of 1994 (amended definition of "assisted person" and section 24); No. 40 of 1994 (inserted section 7(3) limiting Commission's power to appoint employees, and amended section 10); No. 17 of 1996 (inserted section 53A validating appointments); No. 32 of 1996 (amended Schedule 1 vacation of office to include incompetence); No. 62 of 1996 (amended section 37 regarding accounts); No. 86 of 2000 (amended definitions of "officer", substituted sections 8(1), 10, 53A, amended section 53A); No. 103 of 2000 (inserted section 10A on superannuation); No. 45 of 2003 (amended section 19(4) to include partner and inserted section 19(5)); No. 65 of 2005 (amended section 10A); No. 66 of 2007 (amended definitions of "Law Society", "legal practitioner", and section 24(4)); No. 50 of 2008 (repealed section 41, omitted section 40(2)); No. 63 of 2013 (amended section 19(1)(ab) and (2)); No. 37 of 2016 (amended section 5(1) reducing membership to five, inserted section 53B and Schedule 4); No. 54 of 2016 (substituted section 10A); No. 36 of 2017 (amended definitions of "chairperson", "private legal practitioner", and sections 5(2), 6(1)(e), 8(2), 9(1), 13(1)); No. 26 of 2020 (amended section 19(1), inserted subsection (2A)); No. 2 of 2022 (renamed the Commission from Legal Aid Commission of Tasmania to Tasmania Legal Aid, amended sections 3, 4(1), inserted section 53C and Schedule 5). The Act commenced on a day to be proclaimed (section 2). The extensive amendment history reflects evolving legal profession regulation, superannuation arrangements, and the need to streamline the Commission's membership and name.
Litigation history
The Act itself does not mention any specific case law. However, it provides for judicial review in one specific context: a private legal practitioner may apply to the Supreme Court within 28 days if the Commission refuses to list them, removes their name, or imposes limitations on their listing (section 22(5)-(8)). The Supreme Court may make the order applied for, any order it considers appropriate, postpone with liberty to apply, or dismiss the application (section 22(8)). This is the only explicit right of appeal to a court under the Act. Decisions of Review Committees are final under section 34(2), but this finality is not absolute: a person whose circumstances change may reapply for legal aid (section 34(6)). The Act does not oust judicial review by the Supreme Court on administrative law grounds (e.g., jurisdictional error, natural justice) because section 34(2) is subject to section 34(6) and does not explicitly exclude certiorari or other prerogative remedies. The immunity provision in section 49 protects members of the Commission, Legal Aid Committees, Review Committees and consultative committees from civil liability for acts or omissions done in good faith in performance of functions. This may affect the availability of tort claims against such members, but constitutional challenges are not precluded. The validation provisions in section 53A and Schedules 4 and 5 indicate that the legislature was mindful of potential challenges to appointments and sought to validate them retrospectively. No reported cases are referenced in the text, but practitioners should be aware that disputes over listing decisions, refusals of aid, and cost recovery likely generate litigation. Section 21(2)(b) provides for recovery of contributions as a debt, which may lead to civil proceedings in magistrates courts. The certificate under section 47 is admissible as evidence, facilitating such recovery actions. The deemed assignment provision in section 25(7)-(8) allows the Commission to sue in the assisted person's name for costs, which may also generate litigation. The Act does not create any other statutory rights of action.
Gotchas
Several provisions contain traps for applicants, assisted persons, private legal practitioners, and the Commission itself. For applicants: section 46 makes it an offence to knowingly make a false or misleading statement in an application, with a fine up to 50 penalty units. Even if the Commission grants aid based on a false statement, the court can order repayment of all expenses incurred by the Commission in providing that aid (section 46(2)). This is a double hit , a criminal fine plus restitution. For assisted persons: section 25(1) states that an assisted person who is successful in any proceeding is liable to pay the ordinary professional costs of any legal aid provided and any disbursements and expenses incurred. This means success does not result in a windfall; the Commission recovers its costs from the proceeds. Further, the Director may direct the assisted person to take specific action to recover costs from the other party (section 25(2)), and if the assisted person fails to comply with such a direction, the Director determines a lesser amount having regard to that failure (section 25(4)(b)). The Director may also direct the assisted person to assign their rights to recover costs to the Commission (section 25(6)). If the assisted person fails to assign within 28 days, they are deemed to have assigned the rights (section 25(7)), and the Commission steps into their shoes to sue using the assisted person's name (section 25(8)). This can surprise a successful assisted person who might expect to keep the costs award. Section 26 allows the Commission to pay costs awarded against an assisted person, but only if a request is made and determined in accordance with guidelines; there is no guarantee. For private legal practitioners: the Commission may defer or even refuse payment of fees if an investigation or proceeding is pending into alleged breach of the Act or the Legal Profession Act 2007, fraud, misrepresentation, or improper conduct (section 24(4)-(5)). This power is unilateral , the Commission can halt payments without a finding of wrongdoing, simply based on an investigation or proceeding. The practitioner must seek judicial review under section 22 if they are removed from the list, but the notice and opportunity provisions under section 22(4) only apply to listing decisions, not to fee deferral decisions under section 24. Another trap for practitioners: section 23(2) provides that in allocating work, the paramount considerations are the interest of the assisted person and any choice expressed by that person. This means a practitioner who expects equitable allocation under section 23(1) may be bypassed if the assisted person chooses another practitioner. For the Commission itself: section 19(2A) imposes a mandatory duty to provide legal aid if a judge makes an order under section 8A of the Evidence (Children and Special Witnesses) Act 2001 directing that an unrepresented defendant be given assistance. The Commission cannot refuse on financial grounds in such a case. The Commission must also ensure that its activities do not prejudice the independence of the private legal profession (section 6(2)(c)). This may limit how aggressively the Commission uses its in-house officers versus private practitioners. Another subtlety: section 44 deems the signature of the Director or an authorised officer to be a legal practitioner's signature for court documents where services are provided by an officer. This is an important procedural provision that ensures assisted persons represented by in-house lawyers are not disadvantaged by signature requirements.
How to comply
Compliance with the Act depends on whether you are the Commission, an officer, a private legal practitioner, or an applicant. For the Commission: it must constitute itself as a body corporate with a common seal (section 4). The Commission must issue guidelines under section 27 covering eligibility, conditions for provision of legal aid, payment of costs awarded against an assisted person, and cost recovery from assisted persons. It must issue directions under section 17(2) for the classes of applications to be decided by Legal Aid Committees and by officers. It must establish Legal Aid Committees as necessary (section 12) and Review Committees (section 30). The Commission must keep a list of private legal practitioners willing to act (section 22(1)), allocate work equitably and with regard to the assisted person's interest and choice (section 23), and keep records of matters handled by practitioners (section 23(3)). In determining fees for private practitioners, the Commission must consult the Law Society and take into account its views, ensuring fees are less than ordinary professional costs (section 24). The Commission must also open and maintain at least one account in an authorised deposit-taking institution in Tasmania (section 37(1)), pay all money received into that account (section 37(2)), ensure trust money is kept in a separate account (section 37(4)), and keep proper accounts and records (section 40(1)). It must submit annual estimates of expenditure and revenue by 31 May each year (section 42(1)), and not expend funds otherwise than in accordance with approved estimates (section 42(3)). It must submit an annual report by 31 October (section 48). The Commission must notify applicants of decisions in writing within 14 days (section 28) and provide written reasons on request. The Commission must issue directions for the allocation of work between officers and private practitioners (section 15(2)), and ensure that officers observe the same rules of professional conduct and ethics as private legal practitioners (section 11(1)). For the Director: must perform duties imposed and carry out Commission instructions (section 8(4)). The Director may delegate functions and powers, but the power of delegation cannot be delegated further (section 50). For private legal practitioners: they must notify the Commission if willing to act (section 22(1)). If listed, they must comply with the Commission's directions and submit reports or documents as required by a Legal Aid Committee (section 14(2)). They must submit accounts for work done; those accounts may be referred to a Legal Aid Committee to determine proper payment (section 24(3)). They should be aware that fees can be deferred or refused if an investigation is underway for breach, fraud or improper conduct (section 24(4)-(5)). For applicants: they must apply in the manner determined by the Commission and provide all required declarations and documents (section 16). They must not make false or misleading statements (section 46). If granted legal aid subject to a contribution condition, they must pay as determined (section 21). If successful in proceedings, they must pay the costs of legal aid (section 25(1)) and must comply with any direction to take action to recover costs from the other party (section 25(2)). They must also pay to the Commission any costs recovered (section 25(3)). Failure to comply may result in variation or termination of aid (section 18) and debt recovery (section 25(5)). If an assisted person wants the Commission to pay costs awarded against them, they must make a request under section 26(1) in accordance with guidelines. For all parties: the Act provides for delegation (section 50), which should be done in writing. Members of the Commission, Legal Aid Committees, and Review Committees must disclose pecuniary interests (Schedule 2 clause 6).