The Act creates a statutory Tasmania Legal Aid Commission to provide and organise legal aid, combining Commission officers and private practitioners, setting eligibility, contribution and payment rules, and establishing governance, review and enforcement mechanisms.
It affects applicants (who may be asked to contribute or repay recoverable costs), private practitioners (who join a Commission list, accept regulated fees and face removal/review processes), staff, and the Minister/government funding the Legal Aid Fund — concentrating discretion over who gets aid, how work is allocated, and how the Fund is spent.
This Act establishes and governs Tasmania Legal Aid, a statutory body corporate called the Commission, and sets out the institutional architecture, decision‑making rules, funding, operational controls and enforcement provisions for the provision of legal aid in Tasmania (ss 4, 5, 6, 35). Mechanically the Act does the following.
Constitutes Tasmania Legal Aid as a body corporate with power to hold property, sue and be sued, and a common seal (s 4).
Prescribes the Commission’s membership and composition, including a chairperson, the Director and four other Commissioners with specified skills and a Law Society nominee, plus schedules that deal with terms, vacancies and meetings (s 5; Schedule 1; Schedule 2).
Creates the office of Director of Legal Aid, requires the Director to be an Australian lawyer and to act under the State Service Act 2000, and allows acting appointments where necessary (s 8, 9).
Establishes Legal Aid Committees and Review Committees to decide and review applications for legal aid (ss 12-14; 30-34).
Sets out how legal aid is delivered: by officers employed by the Commission or by arranging services of private legal practitioners, and requires directions on allocation of work between officers and private practitioners (ss 15, 23).
Defines eligibility and decision‑making criteria for legal aid, including means and merits considerations and special rules for particular orders under other Acts (s 19; s 19(2A) referencing Evidence (Children and Special Witnesses) Act 2001).
Creates the Legal Aid Fund, prescribes its permitted receipts (including parliamentary appropriation and recoveries) and how it may be applied, and authorises bank accounts and investments (ss 35-38).
Current sections
Direct links to the current provisions in Legal Aid Commission Act 1990.
legal services includes services consisting of appearing on behalf of a person, or giving legal advice to a person, in connection with a proceeding of a court otherwise than by prior arrangement with the person;
(c) may take proceedings, and be proceeded against, in its corporate name; and
(d) may purchase, acquire, hold and dispose of property; and
(e) may do and be subject to all other things that corporations may by law do and be subject to and that are necessary for, or incidental to, the purpose for which it was constituted; and
(f) has the functions imposed, and the powers conferred, on it by this or any other Act.
(3) All courts, judges and persons acting judicially shall take judicial notice of the common seal of the Commission affixed to a document and until the contrary is established, shall presume that it was duly affixed.
(3) Schedule 1 has effect with respect to the membership of the Commission.
(4) Schedule 2 has effect with respect to the meetings of the Commission.
6
Functions of Commission
6 Functions of Commission
(1) The functions of the Commission are as follows:
(a) to provide legal aid in accordance with this Act;
(b) to liaise and co-operate with, and to make reciprocal arrangements with, professional bodies representing private legal practitioners and other bodies engaged or interested in the provision of legal aid;
(c) to liaise with professional bodies representing private legal practitioners to facilitate the use of services provided by private legal practitioners;
(d) to make maximum use of services which private legal practitioners offer to provide on a voluntary basis;
(e) [Section 6 Subsection (1) amended by No. 36 of 2017, s. 12, Applied:19 Sep 2017] to encourage and permit persons who are not legal practitioners to participate, so far as the Commission considers it practicable and proper to do so, on a voluntary basis and under professional supervision, in the provision of legal aid;
(f) to provide agencies of the Commonwealth or another State or Territory of the Commonwealth concerned in the provision of legal aid with such statistical and other information as they may reasonably require;
(g) to ascertain the most efficient, economical and effective means of maximizing rights and remedies under the law in Tasmania;
(h) to perform such other functions as the Minister may direct.
(2) In the performance of its functions, the Commission shall –
(a) have regard to the amount of money standing to the credit of the Fund and any other money likely to be received for the purposes of that Fund; and
(b) ensure that legal aid is provided in the most effective, efficient and economical manner; and
(c) ensure that its activities are carried on consistently with, and do not prejudice, the independence of the private legal profession.
7
Powers of Commission
7 Powers of Commission
(1) The Commission has such powers as are necessary to enable it to perform its functions and exercise its powers.
(2) The Commission may make recommendations to the Minister with respect to any reforms of the law it considers desirable.
(3) *[Section 7 Subsection (3) inserted by No. 40 of 1994, s. 4 ]*This section does not empower the Commission to appoint any person as an employee or officer.
(3) If the person appointed as Director does not hold a current practising certificate, the person is deemed to hold such a certificate for the period during which the person holds office as Director.
(4) The Director shall –
(a) perform all the duties imposed on the Director under this Act or regulations; and
(b) carry out all instructions from, and the decisions of, the Commission.
(a) the Director is absent from duty or from the State; or
(b) the Director is unable to perform the duties of the office; or
(c) there is a vacancy in the office of the Director –
the Secretary of the Department may appoint a person who is an Australian lawyer to act as the Director during the absence or until the vacancy is filled.
(2) If the person appointed to act in the office of the Director does not hold a current practising certificate, the person is deemed to hold such a certificate for the period during which the person acts in that office.
(1) Subject to and in accordance with the State Service Act 2000 , persons may be appointed or employed to assist the Commission in the performance of its functions or the exercise of its powers.
(2) The Secretary of the Department, at the request of the Commission, may provide it with State Service officers and State Service employees employed in the Department.
(1) An officer, when practising as, or performing any of the functions of, a legal practitioner, in pursuance of this Act –
(a) shall observe the same rules and standards of professional conduct and ethics as those that a private legal practitioner is, by law or the custom of the legal profession, required to observe in the practice of the legal profession; and
(b) is subject to the same professional duties as those to which a private legal practitioner is, by law or the custom of the legal profession, subject.
(2) The same privileges as those that arise from the relationship of client and legal practitioner acting in a professional capacity and in the course of professional employment shall arise –
(a) between a person who has applied for legal aid, or to whom legal aid is being provided, and an officer who practices as, or performs any of the functions of, a legal practitioner for the person under this Act; and
(b) between a private legal practitioner and the Commission in relation to services provided by the private legal practitioner for a person under this Act.
Part 3
Legal Aid Committees
Part 3 Legal Aid Committees
12
Establishment of Legal Aid Committees
12 Establishment of Legal Aid Committees
The Commission may establish such Legal Aid Committees as it considers necessary for the purposes of this Act.
13
Constitution of Legal Aid Committees
13 Constitution of Legal Aid Committees
(1) A Legal Aid Committee consists of 4 members of whom –
(2) The Commission shall appoint a member of a Legal Aid Committee as chairperson of that Legal Aid Committee.
(3) The Director may appoint an officer to be the Director's deputy as a member of a Legal Aid Committee.
(4) The deputy of the Director appointed is entitled to attend a meeting of the Legal Aid Committee in the absence of the Director from that meeting and while so attending is deemed to be a member of that Legal Aid Committee.
(5) The Commission may appoint a person as a deputy of a member referred to in subsection (1)(b) .
(6) The Commission may appoint a legal practitioner nominated by the Law Society as a deputy of a member referred to in subsection (1)(c) .
(7) The deputy of a member appointed under subsection (5) or (6) is entitled to attend a meeting of a Legal Aid Committee in the absence of the member from that meeting and while so attending is deemed to be a member of the Legal Aid Committee.
14
Functions and powers of Legal Aid Committees
14 Functions and powers of Legal Aid Committees
(1) The functions of a Legal Aid Committee are –
(a) to decide on applications for legal aid coming before the Committee; and
(b) to decide on any other matters coming before the Committee under this Act; and
(c) to provide advice to private legal practitioners in relation to services provided by them to an assisted person.
(2) In the performance of its functions, a Legal Aid Committee may require a private legal practitioner to submit such reports or documents in relation to services provided to an assisted person as it considers necessary.
Part 4
Legal Aid
Part 4 Legal Aid
15
Provision of legal aid
15 Provision of legal aid
(1) The Commission may provide legal aid by arranging for the services of a private legal practitioner to be made available at the expense of the Commission or by making available the services of an officer.
(2) The Commission shall issue directions for the allocation of work between officers and private legal practitioners.
(3) In issuing directions under subsection (2) , the Commission shall have regard to the desirability of enabling officers to engage in the practice of the law as comprehensively as reasonably practicable.
(4) Where the Commission provides legal aid by arranging for the services of a private legal practitioner, the Commission shall, except where the services are provided on a voluntary basis, pay fees and disbursements to the private legal practitioner for the performance of those services.
(2) An applicant for legal aid shall provide the Commission with such declarations, certificates and other documents as the Commission requires to enable it to make a decision as to whether legal aid should be granted in respect of the application.
(3) The Commission may distribute to private legal practitioners application forms for completion by persons applying for legal aid.
17
Determination of applications
17 Determination of applications
(1) An application for legal aid shall be decided by a Legal Aid Committee, by the Director or by an officer authorized by the Director for the purpose, according to directions of the Commission.
(2) The Commission shall give directions as to the classes of cases in which –
(a) applications for legal aid are to be decided by a Legal Aid Committee; and
(b) applications are to be decided by an officer.
(3) Where a Legal Aid Committee or an officer decides to grant an application for legal aid, the Legal Aid Committee or officer shall also decide, in accordance with guidelines issued –
(a) whether the legal aid should be provided by making available the services of a private legal practitioner or by making available the services of an officer; and
(b) the nature and extent of the legal aid to be provided; and
(c) whether the legal aid is to be provided free of charge or subject to any of the conditions referred to in section 21(1) ; and
(d) whether legal aid is to be provided subject to such conditions as may be considered appropriate.
(4) The Director shall ensure that a Legal Aid Committee is provided with such assistance as it requires for the purpose of the performance of its functions under this Act.
(5) For the purpose of deciding an application for legal aid, a Legal Aid Committee or an officer may make such inquiries and obtain such advice and reports as the Committee or officer considers desirable.
(6) The cost of making inquiries or obtaining such advice or reports shall be paid –
(a) if the Legal Aid Committee or officer so determines – by the applicant for the legal aid; or
(b) in any other case – out of the Fund.
18
Termination or variation of legal aid
18 Termination or variation of legal aid
(1) A decision to provide legal aid may be varied at any time so as to –
(a) terminate the provision of the legal aid; or
(b) alter the nature or extent of the legal aid; or
(c) make the provision of the legal aid subject to a condition in accordance with section 21 ; or
(d) alter a condition to which the provision of the legal aid is subject in accordance with section 17 (3) (e) or 21 .
(2) A decision to provide legal aid may be varied –
(a) in a case where the decision was made by a Legal Aid Committee – by that Legal Aid Committee; or
(b) in a case where the decision was made by an officer – by the Director or by an appropriate officer in accordance with arrangements made or approved by the Director.
19
Circumstances in which legal aid may be provided
19 Circumstances in which legal aid may be provided
(a) the person is unable to afford the cost of obtaining from private legal practitioners the legal assistance or legal services in respect of which legal aid is sought; or
(b) it is reasonable in all the circumstances to provide the legal aid.
(2) In making a decision whether a person should be provided with legal aid, the Commission shall have regard to all relevant matters, including –
(a) the income of the person and of each person associated with the person; and
(b) the cash that is readily available to the person or can be made so available; and
(c) the debts, liabilities and other financial obligations of the person; and
(d) the cost of living; and
(e) the cost of obtaining legal assistance or legal services from a private legal practitioner; and
(f) any other matter affecting the ability of the person to meet the cost of obtaining legal assistance or legal services from a private legal practitioner; and
(g) the nature and extent of a benefit that may accrue to the person or to the public from the provision of legal aid; and
(h) the nature and extent of any detriment that may be suffered by the person or by the public if legal aid is not provided; and
partner means the person with whom a person is in a personal relationship, within the meaning of the Relationships Act 2003 .
20
Legal aid for certain persons
20 Legal aid for certain persons
Legal aid may be provided to a person in relation to a proceeding or matter notwithstanding that the interests of the person may be adverse –
(a) to the interests of the State; or
(b) to the interests of an authority or body established for a public purpose by or under a law of the State; or
(c) to the interests of a body corporate in which the State or such an authority or body has an interest.
21
Contributions towards costs and expenses
21 Contributions towards costs and expenses
(1) The Commission may provide to a person legal aid either free of charge or on condition that the person contributes towards the cost of providing that legal aid by –
(a) paying a specified amount; or
(b) paying an amount equal to a specified percentage of that cost; or
(c) giving such security as and when the Commission requires.
(2) Any amount payable by an assisted person under this section –
(a) shall be paid in such manner, within such period and at such times as the Commission determines; and
(b) is recoverable by the Commission as a debt due to the Commission.
22
Services of private legal practitioners
22 Services of private legal practitioners
(1) The Commission shall keep a list of private legal practitioners who have notified that they are willing to act, either generally or in particular classes of matters or courts, as legal practitioners on behalf of an assisted person.
(2) The Commission shall make available to a Legal Aid Committee the list kept under subsection (1) .
(a) refuse to include in the list kept under subsection (1) the name of a private legal practitioner who has notified the Commission that he or she is willing to act on behalf of any assisted persons; or
(b) remove the name of a private legal practitioner from that list; or
(c) include the name of a private legal practitioner in that list together with limitations as to the classes of matters in which the services of the private legal practitioner will be sought.
(4) The Commission shall not –
(a) refuse to include the name of a private legal practitioner in the list kept under subsection (1) ; or
(b) remove the name of a private legal practitioner from that list; or
(c) include in that list limitations as to the classes of matters in which the services of a private legal practitioner will be sought –
unless the Commission has –
(d) given written notice to the private legal practitioner setting out the reasons for the proposed refusal, removal or limitation; and
(e) given the private legal practitioner a reasonable opportunity to provide a written submission or to address the Commission in relation to the proposed refusal, removal or limitation.
(5) Where the Commission has –
(a) refused to include the name of a private legal practitioner in the list kept under subsection (1) ; or
(b) removed the name of a private legal practitioner from that list; or
(c) included in that list, in relation to a private legal practitioner, a limitation as mentioned in subsection (3)(c) –
the private legal practitioner may, within 28 days after receipt of the notice given to him under subsection (4)(d) , apply to the Supreme Court for an appropriate order.
(6) A private legal practitioner who makes an application to the Supreme Court shall forward a copy of that application to the Commission.
(7) The Commission may appear before the Supreme Court in the hearing of an application.
(8) In determining an application, the Supreme Court may –
(a) make the order applied for; or
(b) make any order it considers appropriate; or
(c) postpone the making of an order with liberty to apply; or
(d) dismiss the application.
23
Allocation of work
23 Allocation of work
(1) Subject to subsection (2) , the Commission shall allocate work among the private legal practitioners whose names are on the list kept under section 22(1) –
(a) in a manner that is equitable; and
(b) with regard to the nature of their legal practices.
(2) In determining to whom work should be allocated in a particular case, the paramount considerations are –
(a) the interest of the assisted person; and
(b) any choice expressed by the assisted person for a particular private legal practitioner.
(3) The Commission shall keep a record of the number and type of matters dealt with by specified private legal practitioners under this Act.
(4) The Commission shall make available the record kept under subsection (3) for inspection on request by the Law Society.
24
Fees and costs
24 Fees and costs
(1) In determining the fees payable to private legal practitioners for the provision of legal assistance or legal services to assisted persons, the Commission shall consult the Law Society and shall take into account its views.
(2) The fees payable to private legal practitioners for the provision of legal assistance or legal services to assisted persons shall, so far as practicable, be less than the ordinary professional cost of providing such legal assistance or legal services.
(3) The Director may refer to a Legal Aid Committee an account from a private legal practitioner in respect of the provision of legal assistance or legal services to determine whether any amounts claimed in the account are properly payable.
(4) *[Section 24 Subsection (4) amended by No. 68 of 1994, s. 3 and Sched. 1 ]*The Commission may defer payment of fees payable by it to a private legal practitioner in connection with proceedings in respect of which legal aid has been granted –
(a) until the conclusion of any investigation in relation to –
(ii) an alleged fraud or misrepresentation by the private legal practitioner in relation to the provision of services; or
(iii) an alleged improper action by the private legal practitioner in bringing, defending or conducting proceedings in relation to the provision of legal assistance or legal services to assisted persons; or
(b) until the completion of any criminal or disciplinary proceedings commenced against the private legal practitioner in respect of any matter referred to in paragraph (a) .
(5) The Commission may refuse to pay fees to a private legal practitioner in connection with proceedings in respect of which legal aid has been granted if an allegation referred to in subsection (4)(a) against the practitioner is substantiated in criminal or disciplinary proceedings.
25
Entitlement of assisted persons to costs
25 Entitlement of assisted persons to costs
(1) 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 in connection with the provision of the legal aid.
(2) The Director may direct that an assisted person take specific action to recover an amount by way of costs that is recoverable by that person in respect of the matter in which legal aid was given.
(3) An assisted person who is entitled to recover an amount by way of costs in respect of any matter in which legal aid is given shall pay to the Director –
(a) an amount equal to that amount; or
(b) such other lesser amount as the Director, in accordance with the guidelines, determines.
(4) In determining an amount under subsection (3)(b) , the Director shall have regard to –
(a) the amount actually recovered by the assisted person; and
(b) any failure by the assisted person to take action to recover the amount recoverable; and
(c) any failure by the assisted person to comply with a direction of the Director under subsection (2) .
(5) The Commission may recover as a debt due and payable to it any amount an assisted person is liable to pay to it under subsection (3) .
(6) If an assisted person is entitled to recover an amount by way of costs in respect of any matter in which legal aid is given, the Director may, by notice in writing, direct that the assisted person, within 28 days after receipt of the notice, assign to the Commission his or her rights to recover the amount.
(7) An assisted person who fails to comply with a direction under subsection (6) is deemed to have assigned to the Commission any right to recover an amount at the end of the period referred to in that subsection.
(8) Where an assisted person is deemed to have assigned to the Commission any right to recover an amount, the Commission, for the purposes of recovering the amount –
(a) shall stand in the place of the assisted person; and
(b) may use any of the remedies available to the assisted person; and
(c) may use the name of the assisted person.
26
Costs awarded against assisted persons
26 Costs awarded against assisted persons
(1) Where –
(a) legal aid is provided to a person in relation to a proceeding instituted by the person in a court; and
(b) the court makes an order in the proceeding directing the assisted person to pay costs incurred by another party to the proceeding –
either the assisted person or the other party may request the Commission to pay to the other party on behalf of the assisted person an amount representing the whole or a part of the costs that the assisted person was so directed to pay.
(b) by an officer, if the question whether legal aid should be granted in relation to the proceeding was decided by an officer; or
(c) by a Legal Aid Committee, if the question was decided by a Legal Aid Committee.
(3) An amount paid by the Commission under this section is deemed to have been paid by the assisted person.
27
Guidelines
27 Guidelines
The Commission shall issue guidelines to be applied in –
(a) determining whether legal aid is to be provided to a person; and
(b) determining the conditions subject to which legal aid is to be provided; and
(c) determining the extent to which the Commission shall pay costs awarded against an assisted person; and
(d) determining the amount of costs or disbursements required to be paid under section 25 by an assisted person.
28
Notification of decisions
28 Notification of decisions
(1) The Commission shall notify a person and the legal practitioner acting on behalf of that person of any decision made by a Legal Aid Committee or an officer in respect of that person in relation to –
(a) the provision of legal aid; or
(b) the making of a payment for costs.
(2) A notification shall be made in writing within 14 days after the decision is made.
(3) The Commission, at the request of a person, shall provide written reasons for any decision to which a notification relates.
Part 5
Review Committees
Part 5 Review Committees
29
Requests for review
29 Requests for review
(1) A person may, by notice in writing, request the Commission to refer a decision made by an officer or a Legal Aid Committee to a Review Committee.
(2) A request made by a person under subsection (1) shall be made –
(a) within a period of 14 days after the person receives a notice referred to in section 28(2) ; or
(b) within such longer period as the Commission may determine.
30
Establishment of Review Committees
30 Establishment of Review Committees
The Commission may establish such Review Committees as it thinks necessary for the purposes of this Act.
31
Constitution of Review Committee
31 Constitution of Review Committee
(1) A Review Committee consists of 3 members appointed by the Commission of whom –
(a) one is a private legal practitioner; and
(b) one is an officer; and
(c) one is a person who is not a private legal practitioner nor an officer but who has qualifications or experience relevant to the performance of the function of a Review Committee.
(2) The Commission shall appoint a member of a Review Committee as chairperson of that Review Committee.
(3) The Commission may appoint as a deputy of a member of a Review Committee –
(a) a private legal practitioner, in the case of a member referred to in subsection (1)(a) ; or
(b) an officer, in the case of a member referred to in subsection (1)(b) ; or
(c) a person who is not a private legal practitioner nor an officer but who has qualifications and experience relevant to the performance of the function of a Review Committee, in the case of a member referred to in subsection (1)(c) .
(4) The deputy of a member appointed under subsection (3) is entitled to attend a meeting of a Review Committee in the absence of the member from that meeting and while so attending is deemed to be a member of that Review Committee.
32
Function of Review Committee
32 Function of Review Committee
The function of a Review Committee is to review any decision referred to it under section 29 .
33
Hearing
33 Hearing
(1) A Review Committee shall not make a decision relating to a review unless the person requesting the review has been given a reasonable opportunity to –
(a) provide a written submission to the Review Committee in relation to the review; and
(b) place before the Review Committee any document relevant to the review.
(2) A Review Committee may, at the request of a person, permit the person to attend and address the Review Committee in relation to the review.
34
Decision of Review Committee
34 Decision of Review Committee
(1) After reviewing a decision a Review Committee may –
(a) confirm the decision; or
(b) vary the decision; or
(c) set aside the decision and substitute another decision in its place.
(2) Subject to subsection (6) , the decision of a Review Committee is final.
(3) A Review Committee shall notify the Commission and the person requesting the review of its decision.
(4) A notification shall be made in writing within 14 days after the decision is made.
(5) The Commission, at the request of a person, shall provide written reasons for any decision to which a notification relates.
(6) A person whose circumstances in relation to a matter change after a Review Committee has made a decision under this section may apply again under section 16 for legal aid in respect of that matter.
Part 6
Finances of Commission
Part 6 Finances of Commission
35
Legal Aid Fund
35 Legal Aid Fund
(1) There is established a fund to be known as the Legal Aid Fund.
(2) The Fund shall consist of –
(a) any money paid to, or recovered by, the Commission under this Act (other than money received or held by the Commission on trust); and
(b) any money appropriated by the Parliaments of the Commonwealth and the State for the purposes of this Act; and
(c) any other money paid to the Commission for the provision of legal aid; and
(d) any income derived from the investment of any money forming part of the Fund.
(3) The Fund shall be administered by the Commission.
36
Application of Fund
36 Application of Fund
Money in the Fund shall be applied only –
(a) in the payment or discharge of the expenses, charges and obligations incurred or undertaken by the Commission under this Act; and
(b) in the payment of salaries, remuneration, allowances and expenses payable under this Act.
(2) The Commission shall pay any money received by it into the account referred to in subsection (1) .
(3) Payment of money into the account referred to in subsection (1) is deemed to be a payment of money into the Fund.
(4) The Commission shall ensure that any money received or held by it on trust is paid into an account that does not contain any money of the Commission not held on trust.
38
Investment of funds
38 Investment of funds
The Commission may invest any money standing to the credit of the Fund in any of the ways referred to in section 5 of theTrustee Act 1898 .
39
Money held on trust
39 Money held on trust
(1) The Commission may accept money or property on trust and may act as trustee of money or property held by it on trust.
(2) The Commission may invest any money held by it on trust in any of the ways referred to in section 5 of theTrustee Act 1898 .
40
Accounts
40 Accounts
(1) The Commission shall keep proper accounts and records in relation to its transactions.
(a) as soon as practicable after the day on which this Act commences, submit to the Minister an estimate of the expenditure and revenue of the Commission for the period commencing on that day and ending on the next following 30 June; and
(b) no later than 31 May in each subsequent year, submit to the Commonwealth Minister and the Minister an estimate of the expenditure and revenue of the Commission during the financial year beginning on the next following 1 July.
(2) The Minister may require the Commission to provide such further details as the Minister considers necessary.
(3) The funds of the Commission, other than money held on trust, shall not be expended otherwise than in accordance with estimates approved by the Minister.
Part 7
Miscellaneous
Part 7 Miscellaneous
43
Publicity of services
43 Publicity of services
The Commission and its officers may publicize any of its services by any means the Commission considers appropriate.
44
Signature of legal practitioner
44 Signature of legal practitioner
Where –
(a) in a proceeding, a document is required to be signed by a legal practitioner for a party to the proceeding who is an assisted person; and
(b) legal services are being provided to the assisted person in relation to the proceeding by an officer –
the signature of the Director or an officer authorized by the Director for that purpose is deemed to be the signature of a legal practitioner for that party.
45
Establishment of consultative committees
45 Establishment of consultative committees
(1) The Minister may establish such consultative committees as the Minister thinks fit to assist the Commission in the performance of its functions.
(2) In deciding whether to establish a consultative committee in a particular locality, the Minister shall take into account any representations received from a local community organization or from persons living, or carrying on a business, profession or trade, in the locality.
46
False or misleading statements
46 False or misleading statements
(1) A person shall not make a statement or representation orally or in writing, or provide a document, in relation to an application for legal aid, knowing or believing that the statement, representation or document is false or misleading.
Penalty: Fine not exceeding 50 penalty units.
(2) Where –
(a) a person is convicted of an offence under subsection (1) ; and
(b) legal aid was granted; and
(c) the Commission incurred expenses in providing the legal aid –
a court may, in addition to imposing a penalty in respect of the offence, order the person to pay to the Commission an amount equal to the amount of those expenses incurred by the Commission.
47
Certificates
47 Certificates
A certificate signed by the Director certifying that –
(a) the Commission incurred expenses of an amount specified in the certificate in relation to an application for legal aid; and
(b) the amount specified in the certificate was, at the date of the certificate, payable by a person under section 21(1) or 25(3) –
is evidence of the matters so specified.
48
Annual reports
48 Annual reports
On or before 31 October in each financial year, the Commission shall provide the Minister with a report on its activities and financial matters relating to the previous financial year ending on 30 June.
49
Immunity of members
49 Immunity of members
No action lies against a member of the Commission, of a Legal Aid Committee, of a Review Committee or of a consultative committee in respect of any act done or omission made by that member in good faith and in the performance or purported performance of any function imposed by this Act.
50
Delegation by Commission or Director
50 Delegation by Commission or Director
(1) The Commission or the Director may, by instrument in writing, delegate to a person specified in the instrument the performance or exercise of such functions and powers under this Act (other than this power of delegation) as are specified in the instrument, and may, by instrument in writing, revoke wholly or in part any such delegation.
(2) A function or power the performance or exercise of which has been delegated under this section may, while the delegation remains unrevoked, be performed or exercised from time to time in accordance with the terms of the delegation.
(3) A delegation under this section may be made subject to such conditions or limitations as to the performance or exercise of any of the functions or powers delegated, or as to time or circumstance, as are specified in the instrument.
(4) Notwithstanding any delegation under this section, the Commission or the Director may continue to perform or exercise all or any of the functions or powers delegated.
(5) Any act or thing done by, or to, a delegate of the Commission or the Director while acting in the exercise of a delegation under this section has the same force and effect as if the act or thing had been done by, or to, the Commission or the Director and is deemed to have been done by, or to, the Commission or the Director.
(6) An instrument purporting to be signed by a delegate of the Commission or the Director in the capacity as such a delegate shall, in all courts and before all persons acting judicially, be received in evidence as if it were an instrument executed by the Commission or the Director and, until the contrary is proved, is deemed to be an instrument signed by a delegate of the Commission or the Director under this section.
(7) Where the exercise of a power by the Commission or the Director is dependent on the opinion or belief of the Commission or the Director, a delegate of the Commission or the Director under this section may, in exercising that power, act on the delegate's own opinion or belief.
51
Exemption from duty, &c.
51 Exemption from duty, &c.
(1) The Commission, a legal practitioner or an assisted person is exempted from the payment of any duty, fee or charge imposed under any Act relating to any action, matter, transaction or proceeding in respect of which legal aid is provided.
(2) Where costs are awarded to an assisted person in any proceedings –
(a) those costs are deemed to include any duty, fee or charge that would, but for subsection (1) , have been payable; and
(b) the assisted person is deemed to have paid or incurred that duty, fee or charge for the purposes of any taxation of costs, award of costs or the recovery of costs.
52
Regulations
52 Regulations
(1) The Governor may make regulations for the purposes of this Act.
(2) The regulations may –
(a) provide that a contravention of, or a failure to comply with, any of the regulations is an offence; and
(b) in respect of such an offence, provide for the imposition of a fine not exceeding 10 penalty units and, in the case of a continuing offence, a further fine not exceeding one penalty unit for each day during which the offence continues.
53
Transitional and savings provisions
53 Transitional and savings provisions
Schedule 3 has effect with respect to transitional and savings provisions.
A Commissioner, other than the Director, holds office for such period, not exceeding 3 years, as is specified in the instrument of appointment and is eligible for re-appointment.
2. Provisions relating to Commissioners
Where, by or under any Act, provision is made requiring the holder of an office to devote the whole of the time to the duties of that office under that Act, that provision shall not operate to disqualify that holder from holding that office and also the office of a Commissioner.
3. Remuneration
A Commissioner is entitled to be paid such remuneration and allowances as the Minister may determine.
4. Vacation of office
(1) The office of a Commissioner, other than the Director, becomes vacant if the Commissioner –
(a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration or estate for their benefit; or
(b) is absent from 3 consecutive ordinary meetings of the Commission of which reasonable notice has been given, unless the Commissioner is excused by the Minister from attending those meetings; or
(d) is convicted in Tasmania of a crime or an offence which is punishable by imprisonment for 12 months or more, or is convicted outside Tasmania of an offence which, if committed in Tasmania, would be a crime or an offence so punishable; or
(e) resigns from office and the Minister accepts the resignation; or
(f) is removed from office by the Minister under subclause (2) ; or
(g) dies during the term of office.
(2) The Minister may remove a Commissioner from office for misbehaviour or incompetence.
5. Filling of casual vacancies
(1) If the office of a Commissioner becomes vacant, the Minister may, subject to subclause (2) , appoint a person to the vacant office for the remainder of that Commissioner's term of office.
(2) A person appointed under subclause (1) shall be a person nominated by the person who, or the body, which nominated the Commissioner whose vacant office is to be filled by that appointment.
6. Acting chairperson
(1) The Minister may appoint a Commissioner who is eligible for appointment as chairperson to act in the office of chairperson where –
(a) there is a vacancy in the office, whether or not an appointment has previously been made to the office; or
(b) the chairperson is absent from duty or from the State or is for any reason unable to perform the duties of office.
(2) The Minister may at any time terminate an appointment under this section.
(3) A person appointed to act in the office of chairperson may resign from office by writing delivered to the Minister.
(4) The validity of anything done by a person acting in the office of chairperson shall not be called in question on the ground that the occasion for the appointment had not arisen, that the appointment had ceased to have effect or that the occasion to act had not arisen or had ceased.
7. Validity of proceedings, &c.
(1) Any act or proceeding of the Commission or of any person acting pursuant to any direction of the Commission is not invalidated or prejudiced by reason only of the fact that, at the time when the act or proceeding was done, taken or commenced, there was a vacancy in the membership of the Commission.
(2) All acts and proceedings of the Commission or of any person acting pursuant to any direction of the Commission are, notwithstanding the subsequent discovery of any defect in the appointment of any Commissioner or that any person was disqualified from acting as, or incapable of being, a Commissioner, as valid as if the Commissioner had been duly appointed and was qualified to act as, or capable of being, a Commissioner, and as if the Commission had been fully constituted.
8. Presumptions
In any proceedings by or against the Commission, unless evidence is given to the contrary, no proof is required of –
(a) the constitution of the Commission; or
(b) any resolution of the Commission; or
(c) the appointment of any Commissioner; or
(d) the presence of a quorum at any meeting of the Commission.
SCHEDULE 2 - Meetings of Commi
SCHEDULE 2 - Meetings of Commission
SCHEDULE 2 - Meetings of Commi SCHEDULE 2 - Meetings of Commission
(2) Questions arising at a duly convened meeting of the Commission are to be determined by a majority of the votes of the Commissioners present.
(3) In the event of an equality of votes at a meeting of the Commission, the person presiding at the meeting has a casting vote in addition to a deliberative vote.
3. Chairperson
(1) The chairperson or acting chairperson of the Commission shall preside at all meetings of the Commission.
(2) If the chairperson or acting chairperson is not present at a meeting of the Commission, a Commissioner elected by the Commissioners present shall preside at that meeting.
4. Minutes
The Commission shall cause full and accurate minutes to be kept of its proceedings at meetings.
5. General procedure
Subject to this Schedule, the procedure for the calling of, and for the conduct of business at, meetings of the Commission is as determined by the Commission.
6. Disclosure of interests
(1) A Commissioner who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Commission shall, as soon as possible after the relevant facts have come to that Commissioner's knowledge, disclose the nature of that interest at a meeting of the Commission.
(2) A disclosure shall be recorded in the minutes of the meeting of the Commission and the Commissioner shall not, unless the Commission otherwise determines –
(a) be present during any deliberation of the Commission with respect to that matter; or
(b) take part in any decision of the Commission with respect to that matter.
SCHEDULE 3 - Transitional and
SCHEDULE 3 - Transitional and Savings Provisions
SCHEDULE 3 - Transitional and SCHEDULE 3 - Transitional and Savings Provisions
Australian Legal Aid Office means that part of the Attorney-General's Department of the Commonwealth that is designated the Australian Legal Aid Office and that operates in Tasmania;
eligible person means a person employed in the Australian Legal Aid Office immediately before the commencement of this Act.
2. Application for legal aid
An application for legal aid made to the Australian Legal Aid Office or under an approved scheme which has not been determined immediately before the commencement of this Act is deemed to be an application under section 16 .
3. Any services performed by legal aid office
Any services being performed by the Australian Legal Aid Office or pursuant to an approved scheme on behalf of a person by way of legal aid or legal assistance immediately before the commencement of this Act shall, on that commencement, be performed by the Commission.
4. Private legal practitioner
A private legal practitioner who, immediately before the commencement of this Act, was acting for a person in a matter in the course of the operations of the Australian Legal Aid Office or of an approved scheme is, on the commencement of this Act, deemed to be a private legal practitioner to whom the Commission has assigned work under this Act in respect of that matter.
5. Services to be performed or carried out subject to certain conditions
(1) Any services –
(a) performed on or after the commencement of this Act by the Commission on behalf of a person under clause 3 ; or
(b) carried out on or after the commencement of this Act by a private legal practitioner under clause 4 –
shall be performed or carried out subject to any conditions attached to, and the policies of the Australian Legal Aid Office or an approved scheme in relation to, the performance or carrying out of the services before that commencement.
(2) For the purposes of subclause (1) , the Commission is deemed to stand in the place of and to have all the rights, duties and obligations of the Australian Legal Aid Office or the Law Society in respect of the performance or the carrying out of the services referred to in that subclause before the commencement of this Act.
6. Director deemed to be solicitor
On and from the commencement of this Act, the Director is deemed to be the solicitor for a person in any proceeding in a court or in any other matter in which an officer or employee of the Australian Legal Aid Office was acting in the course of the operations of that Office as the solicitor for the person immediately before that commencement.
7. Staff of Australian Legal Aid Office
(1) An eligible person who, immediately before the commencement of this Act, was employed in the Australian Legal Aid Office, shall on that day become an employee within the meaning of the Tasmanian State Service Act 1984 .
(1) On the commencement of this Act, any assets vested in or liabilities incurred by the Australian Legal Aid Office or under an approved scheme is transferred to and vests in the Commission.
(2) Any instrument made for the purposes of subclause (1) is exempted from the payment of any duty, fee or charge imposed under any Act in relation to such an instrument.
SCHEDULE 4 - Savings and Trans
SCHEDULE 4 - Savings and Transitional Provisions
SCHEDULE 4 - Savings and Trans SCHEDULE 4 - Savings and Transitional Provisions
former Act means this Act as in force immediately before the commencement day.
2. Continuation of certain existing appointments
(1) The Commissioner who, immediately before the commencement day, was the chairperson referred to in section 5(1)(a) of the former Act is, on and after the commencement day, taken to have been appointed as the chairperson under section 5(1)(a) for the remainder of his or her term of appointment on the same terms and conditions as were applicable immediately before the commencement day.
(2) The Commissioner who, immediately before the commencement day, was the Director referred to in section 5(1)(b) of the former Act is, on and after the commencement day, taken to have been appointed as the Director under section 5(1)(b) for the remainder of his or her term of appointment on the same terms and conditions as were applicable immediately before the commencement day.
(3) The Commissioner who, immediately before the commencement day, was the person with substantial experience and expertise in financial management referred to in section 5(1)(d) of the former Act is, on and after the commencement day, taken to have been appointed as a Commissioner under section 5(1)(c) for the remainder of his or her term of appointment on the same terms and conditions as were applicable immediately before the commencement day.
(4) The Commissioner who, immediately before the commencement day, was the person referred to in section 5(1)(d) of the former Act who is not the person referred to in subclause (3) is, on and after the commencement day, taken to have been appointed as a Commissioner under section 5(1)(d) for the remainder of his or her term of appointment on the same terms and conditions as were applicable immediately before the commencement day.
(5) The Commissioner who, immediately before the commencement day, was the person referred to in section 5(1)(e) of the former Act who was most recently appointed as a Commissioner under that section is, on and after the commencement day, taken to have been appointed as a Commissioner under section 5(1)(e) for the remainder of his or her term of appointment on the same terms and conditions as were applicable immediately before the commencement day.
3. Termination of certain existing appointments
The term of appointment of the following Commissioners ceases on the commencement day:
(a) the 2 Commissioners who, immediately before the commencement day, were the 2 persons referred to in section 5(1)(c) of the former Act;
(b) the Commissioner who, immediately before the commencement day, was not the person most recently appointed as a Commissioner under section 5(1)(e) of the former Act;
(c) the Commissioner who, immediately before the commencement day, was the person referred to in section 5(1)(f) of the former Act;
(d) the Commissioner who, immediately before the commencement day, was the person referred to in section 5(1)(g) of the former Act.
SCHEDULE 5 - Further Savings a
SCHEDULE 5 - Further Savings and Transitional Provisions
SCHEDULE 5 - Further Savings a SCHEDULE 5 - Further Savings and Transitional Provisions
commencement day means the day on which the Justice and Related Legislation (Miscellaneous Amendments) Act 2022 commences;
former Act means this Act as in force immediately before the commencement day.
2. References to Legal Aid Commission of Tasmania, &c.
(1) If, in any proceedings commenced before the commencement day, a reference is made to Tasmania Legal Aid, that reference is taken to be a reference to the Legal Aid Commission of Tasmania as constituted under the former Act.
(2) On and after the commencement day, a reference in any legislation, contract, agreement, document or proceedings to the Legal Aid Commission of Tasmania, the Legal Aid Commission or the Tasmanian Legal Aid Commission is to be taken to be a reference to Tasmania Legal Aid.
Source text: opening excerpt
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
1 Short title
1 Short title
This Act may be cited as the Legal Aid Commission Act 1990 .
2 Commencement
2 Commencement
The provisions of this Act commence on a day to be proclaimed.
3 Interpretation
3 Interpretation
*[Section 3 Amended by No. 68 of 1994, s. 3 and Sched. 1 ]*In this Act, unless the contrary intention appears –
assisted person means a person to whom legal aid is provided under this Act;
[Section 3 Amended by No. 36 of 2017, s. 10, Applied:19 Sep 2017]
chairperson means the chairperson of the Commission and includes a person appointed to act in the office of chairperson;
[Section 3 Amended by No. 2 of 2022, Sched. 1, Applied:18 Mar 2022]
[Section 3 Amended by No. 2 of 2022, Sched. 1, Applied:18 Mar 2022]Commission means Tasmania Legal Aid constituted under section 4 ;
Commissioner means a Commissioner of the Commission and includes the chairperson;
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 ;
Director means the Director of the Commission appointed under section 8 and includes a person appointed to act in the office of the Director;
Fund means the Legal Aid Fund established under section 35 ;
means guidelines issued by the Commission under ;
Regulates the engagement, remuneration and removal process for private legal practitioners on the Commission’s list, including consultation with the Law Society on fees, a duty to keep equitable allocation records and a right of private practitioners to seek Supreme Court review of adverse listing decisions (ss 22-24).
Grants the Commission powers to issue guidelines, require applicants to provide information, recover contributions and costs, defer or refuse payments to private practitioners pending investigations, and to delegate functions (ss 16-18, 21, 24, 27, 50).
Prescribes offences and penalties relating to false or misleading statements in aid applications and provides for debt recovery and court orders in those circumstances (s 46).
The Act sets administrative obligations on the Commission: accounts and records (s 40(1)), annual reporting to the Minister (s 48), estimates to Ministers (s 42) and the ability to accept funds on trust (s 39). It also contains immunity for members acting in good faith (s 49), exemptions from duties and fees for Commission activity (s 51), and standard regulation‑making power with possible penal consequences (s 52). The Act contains multiple transitional and savings schedules and a number of recorded amendments referenced in the text.
The Act therefore creates a single institutional vehicle for legal aid in Tasmania, allocates responsibilities between the Commission, Director, Legal Aid Committees and Review Committees, sets a funding and recovery regime, and provides procedural protections and enforcement mechanisms for applicants, assisted persons and private legal practitioners.
Main concepts
The statute uses a compact vocabulary that drives eligibility, decision processes and financial arrangements.
Commission, Director, Commissioners: the institutional core. Tasmania Legal Aid is the Commission (s 4). The Commission’s functions are to provide legal aid, liaise with private legal profession bodies, promote use of private practitioners, enable supervised participation by non‑lawyers and perform functions directed by the Minister (s 6). The Director is a statutory office under the State Service Act 2000 and must be an Australian lawyer (s 8). The Commission comprises five Commissioners including the Director and a chairperson (s 5).
Legal aid, legal assistance, legal services, assisted person: legal aid is defined to mean the provision of legal assistance and legal services; legal assistance is any legal work or advice; legal services includes appearances or advice in relation to proceedings absent prior arrangement (s 3). An assisted person is someone to whom legal aid is provided under the Act (s 3).
Private legal practitioner and officer: private legal practitioner is an Australian legal practitioner who may be engaged by the Commission (s 3, s 22). Officer means a State Service officer or employee in the Commission’s office who is a legal practitioner (s 3). Officers when practising under the Act must observe the same professional rules and ethical duties as private practitioners and enjoy the same client‑lawyer privileges (s 11).
Lists, allocation and fees: the Commission must keep a list of private legal practitioners who have notified willingness to act and must allocate work equitably with regard to nature of practice, subject to paramount considerations of the assisted person’s interest and choice (ss 22, 23). Fees paid to private practitioners shall, so far as practicable, be less than ordinary professional cost (s 24(2)). The Commission must consult the Law Society on fees (s 24(1)).
Eligibility and discretion: legal aid may be provided only where inability to afford private legal advice is established and where it is reasonable in all circumstances to provide aid (s 19(1)). The Commission must consider income, readily available cash, debts, cost of living, costs of private services, possible benefits and detriments to the person or public, and prospects of a favourable outcome for proceedings (s 19(2) and (2)(i)). The Commission must have regard to the Fund balance and provide services in the most effective, efficient and economical manner while not prejudicing the independence of the private legal profession (s 6(2)).
Financial mechanics: the Legal Aid Fund receives parliamentary appropriations, recoveries and other money (s 35). Money in the Fund may be applied only to payment of expenses and remuneration under the Act (s 36). The Commission may invest Fund money as allowed by Trustee Act provisions (s 38). The Commission may accept money on trust (s 39).
Reviews and procedural protections: decisions may be made by Legal Aid Committees, the Director or authorised officers according to Commission directions (s 17). Commission issues guidelines setting eligibility, conditions, contributions and extent of Commission payments for costs (s 27). Decisions must be notified in writing within 14 days and reasons provided on request (s 28). Requesters may seek referral to a Review Committee within 14 days (s 29). Review Committees are constituted with specific membership and their decisions are generally final (ss 31-34).
Enforcement and accountability: the Act creates an offence for providing false or misleading statements in relation to applications (s 46) with a monetary penalty and potential court orders to reimburse expenses incurred. The Commission may defer or refuse payment to private practitioners pending investigations or if allegations are substantiated (s 24(4)-(5)). The Commission must keep proper accounts and deliver annual reports and estimates to Ministers (s 40(1), s 42, s 48).
These concepts combine institutional centralisation of legal aid delivery with delegated decision‑making through committees and delegated officers, together with statutory financial channels and procedural safeguards for practitioners and applicants.
Who it affects
The Act directly affects several distinct groups, and indirectly affects others through financial and regulatory mechanisms.
Assisted persons and applicants for legal aid: People who apply for or receive legal aid are the primary subjects. The Act defines eligibility criteria (s 19), requires applicants to make applications in the manner determined by the Commission and to supply declarations, certificates and documents as required (s 16). Assisted persons who succeed in proceedings are liable for ordinary professional costs and must pay amounts recoverable to the Director or be deemed to assign rights (s 25). Assisted persons are exempt from duty, fees and charges in relation to actions for which legal aid is provided (s 51).
Private legal practitioners: Private practitioners who accept assignments from the Commission are affected in multiple ways. They can notify the Commission to be included on the list (s 22(1)), they will be paid fees and disbursements by the Commission where services are not voluntary (s 15(4)), and the Commission sets fees after consulting the Law Society and expects fees to be, so far as practicable, less than ordinary professional cost (s 24(1)-(2)). The Commission may remove or limit names on the list but must give written reasons and a reasonable opportunity to respond before doing so; affected practitioners may apply to the Supreme Court within 28 days (s 22(3)-(5)). Practitioners are subject to deferral and possible non‑payment of fees pending investigations or criminal/disciplinary proceedings (s 24(4)-(5)). When acting for assisted persons under this Act, private practitioners share client‑lawyer privilege and professional duties (s 11(2)).
Officers and Commission staff: Officers are State Service legal practitioners employed in the Commission’s office (s 3, s 10). They may be authorised to decide applications, and the Director may appoint deputies (ss 13, 17). Officers practising under the Act must comply with the same professional standards and ethical rules as private practitioners and enjoy client‑lawyer privilege (s 11).
The Law Society and professional bodies: The Law Society has structured roles: it continues as a defined entity (s 3) and is to nominate one Commissioner (s 5(1)(e)); it also nominates members of Legal Aid Committees and may be consulted on fees (s 13(1)(c), s 24(1)). The Commission must liaise and cooperate with professional bodies representing private legal practitioners (s 6(1)(b)-(d)).
The State, Ministers and public finances: The Commission receives money by parliamentary appropriation from both Commonwealth and State Parliaments for the purposes of this Act and must submit estimates to the Commonwealth Minister and the State Minister (s 35(2)(b), s 42). The administration of the Act is assigned to the Minister for Justice until administrative arrangements are changed (s 54). The Commission’s requirement to have regard to Fund balance (s 6(2)(a)) ties service levels to available public funds and recoveries.
Courts and third parties: Courts are empowered to take judicial notice of the Commission’s common seal (s 4(3)). The Supreme Court has jurisdiction to hear applications by private practitioners challenging removal or limitation on the Commission’s list (s 22(5)-(8)). Where a person is convicted of making false statements and legal aid was granted, a court may order reimbursement of expenses to the Commission (s 46(2)).
Entities providing funding or services: Agencies of the Commonwealth or other States are to be provided with statistical and other information as they reasonably require (s 6(1)(f)), and the Commission may accept money on trust and invest it (ss 35(2)(c), 39).
Who pays: the Fund is fed by parliamentary appropriations and recoveries (s 35); assisted persons may be required to contribute to costs (s 21); the Commission pays private practitioner fees except for voluntary services (s 15(1), (4)). The Act therefore distributes financial burdens between public appropriation, assisted person contributions and recoveries.
Key duties and rights
The Act assigns decision‑making responsibilities and specifies rights and obligations for applicants, practitioners and the Commission.
Duties of the Commission and Director
Provide legal aid and manage the Fund in accordance with the Act (s 6; ss 35-36).
Liaise with professional bodies, encourage voluntary private practitioner services and permit supervised participation by non‑lawyers where practicable (s 6(1)(b)-(e)).
Issue directions on allocation of work between officers and private legal practitioners (s 15(2)) and ensure officers can practise comprehensively (s 15(3)).
Issue guidelines on eligibility, conditions, contributions, extent of payments for costs and amounts recoverable from assisted persons (s 27).
Keep a list of private practitioners willing to act, allocate work equitably, consult Law Society on fees and keep records of matters dealt with by private practitioners for inspection by the Law Society (ss 22-24, 23(3)-(4)).
Maintain proper accounts and submit annual estimates and reports to Ministers (s 40(1); s 42; s 48).
Notify applicants and practitioners in writing within 14 days of decisions and provide written reasons on request (s 28).
Rights and duties of applicants and assisted persons
Apply for legal aid in a manner determined by the Commission and provide declarations, certificates and documents as required (s 16).
Be considered for legal aid only where unable to afford private advice and where provision is reasonable, with the Commission required to take into account specified means and merits factors (s 19(1)-(2)).
Where legal aid is provided, be liable for ordinary professional costs if successful and required to pay amounts recoverable to the Director; the Director may require assignment of recovery rights (s 25(1), (3), (6)-(8)).
Contribute towards costs where legal aid is provided subject to conditions (s 21). Any amount payable is recoverable as a debt (s 21(2)).
Rights and duties of private legal practitioners
Notify the Commission to be listed and, if included, accept allocation of work subject to equitable allocation rules and the assisted person’s interest and choice (ss 22, 23).
Receive fees and disbursements from the Commission for non‑voluntary services, subject to Commission determination and consultation with the Law Society (s 15(4); s 24(1)-(2)).
Be given written reasons and an opportunity to respond before removal, refusal to list, or imposition of limitations; may apply to Supreme Court within 28 days (s 22(3)-(5)).
Be subject to potential deferral and refusal of payment pending investigation of alleged breaches, fraud or improper actions and refusal if allegations are substantiated (s 24(4)-(5)).
Hold the same professional responsibilities and be subject to the same duties as private practice when acting under the Act (s 11(1)).
Procedural and review rights
Decisions are made by Legal Aid Committees, Director or authorised officers (s 17(1)-(2)); Legal Aid Committees make initial determinations on applications (s 14(1)(a)).
Applicants may request that a decision be referred to a Review Committee within 14 days of notice (s 29); Review Committees operate with specified membership and must give persons a reasonable opportunity to make submissions and place materials before the Committee (ss 31, 33).
Review Committee decisions may confirm, vary or substitute a decision and are generally final (s 34).
Regulatory and criminal obligations
It is an offence to make false or misleading statements in relation to an application for legal aid; penalty up to 50 penalty units and potential court orders to reimburse Commission expenses where legal aid was granted and expenses incurred (s 46).
The Governor may make regulations creating offences with fines up to 10 penalty units and daily fines for continuing offences (s 52).
Delegation and exercise of discretion
The Commission and Director may delegate functions, and delegates act with the same force and effect as the delegator; where powers are dependent on opinion or belief, delegates may act on their own opinion or belief (s 50(1), (5)-(7)). This vests operational discretion across the organisation.
These duties and rights structure decision pathways from application to possible review and create reciprocal obligations between the Commission, applicants, private practitioners and the courts.
Penalties and enforcement
The Act contains targeted criminal and civil enforcement mechanisms, debt recovery powers, and administrative consequences.
Criminal offences and monetary penalties
Making false or misleading statements, representations, or providing documents in relation to an application for legal aid with knowledge or belief that they are false or misleading is an offence punishable by a fine not exceeding 50 penalty units (s 46(1)). The maximum financial penalty is set in the statute and attaches to intentional or knowing misrepresentations in aid applications.
The regulations may create offences with fines not exceeding 10 penalty units and, for continuing offences, a further fine not exceeding one penalty unit per day (s 52(2)). The statute expressly contemplates regulatory criminalisation under delegated legislative instruments.
Court remedies and debt recovery
Where a person is convicted of an offence under s 46(1), and legal aid was granted and the Commission incurred expenses, a court may order the person to pay to the Commission an amount equal to those expenses in addition to any penalty (s 46(2)). This provides a restitutionary power alongside penal sanction.
Any amount payable by an assisted person under s 21 (contributions) or s 25 (recovered costs) is recoverable by the Commission as a debt (s 21(2); s 25(5)). Debts are recoverable in ordinary enforcement channels; the Act also empowers the Director to require assignment of recoverable costs (s 25(6)).
A certificate signed by the Director certifying the Commission incurred specified expenses and that an amount is payable is evidence of those matters (s 47). This evidentiary provision facilitates recovery proceedings.
Administrative consequences for practitioners
The Commission may defer payment of fees to a private legal practitioner until the conclusion of investigations into alleged breach of the Act or the Legal Profession Act 2007, alleged fraud or misrepresentation, or alleged improper action in conducting proceedings; it may also defer payment until completion of any criminal or disciplinary proceedings (s 24(4)). That deferral is an administrative lever to protect the Fund pending investigation or discipline.
If allegations are substantiated in criminal or disciplinary proceedings, the Commission may refuse to pay fees related to those proceedings (s 24(5)). This creates a direct financial consequence for practitioners found culpable.
Procedural protections and review
Before refusal to include, removal from, or limitation placed on the Commission’s list of private practitioners, the Commission must give written notice of reasons and a reasonable opportunity to provide a written submission or address the Commission (s 22(4)(d)-(e)). A practitioner may apply to the Supreme Court within 28 days after receipt of the notice and the Commission may appear in those proceedings (s 22(5)-(7)). The Supreme Court may make any order it considers appropriate (s 22(8)).
Reviews of Commission decisions are available through Review Committees (ss 29-34). Review Committees’ decisions are generally final (s 34(2)), limiting further internal challenge but leaving judicial avenues intact where specified (e.g., s 22(5)-(8)).
Immunity and evidentiary presumptions
Members of the Commission, Legal Aid Committees, Review Committees and consultative committees have statutory immunity for acts or omissions done in good faith in performance or purported performance of functions under the Act (s 49). This limits personal liability for decision‑makers acting in good faith.
Courts are to take judicial notice of the Commission’s common seal and presume, until contrary is established, that it was duly affixed (s 4(3)). This assists in evidentiary efficiency for Commission instruments.
Delegation and opinion‑based powers
Delegates of the Commission or Director may exercise delegated powers and where a power is dependent on opinion or belief, the delegate may act on their own opinion or belief (s 50(1), (7)). Delegation thus affects enforcement posture by distributing decision authority and the factual basis on which enforcement actions depend.
Together these provisions create a mix of criminal, civil and administrative enforcement tools aimed at protecting the Fund, ensuring truthful applications, and holding practitioners accountable while providing procedural safeguards for affected parties.
How it interacts with other laws
The Act explicitly cross‑references several other statutes and places the Commission within broader legal and administrative frameworks.
State Service Act 2000 and Public Sector arrangements
The Director is appointed subject to and in accordance with the State Service Act 2000 (s 8(1)), and persons may be appointed or employed to assist the Commission in accordance with the State Service Act 2000 (s 10(1)). Section 10(2) permits the Department Secretary to provide State Service officers at the Commission’s request. These provisions integrate the Commission into the Tasmanian public service machinery for employment, remuneration and administrative control.
Legal Profession Acts and professional regulation
The Act defines "current practising certificate" with reference to the Legal Profession Act 1993 and, in other amendments and definitions, references the Legal Profession Act 2007 (s 3). The Commission may defer payment pending alleged breach of this Act or the Legal Profession Act 2007 and pending criminal or disciplinary proceedings (s 24(4)). Officers and private practitioners acting under the Act are subject to the same professional conduct and ethical rules as in general practice (s 11). The Law Society is a statutory participant: it nominates one Commissioner and law‑society‑nominated members of Legal Aid Committees (s 5(1)(e); s 13(1)(c)).
Evidence (Children and Special Witnesses) Act 2001
The Act directs that in considering applications the Commission must have regard to limitations on the person’s right to cross‑examine under s 8A of the Evidence (Children and Special Witnesses) Act 2001 (s 19(2)(j)). Additionally, s 19(2A) requires the Commission to provide legal aid in accordance with s 8A where a judge orders assistance to an unrepresented defendant. This links legal aid eligibility and mandatory assistance obligations to specific evidence protections for vulnerable witnesses.
Trustee Act 1898
Investment powers for the Fund and for money held on trust are expressly tied to the ways referred to in section 5 of the Trustee Act 1898 (s 38; s 39(2)). This places the Fund within established fiduciary and investment regimes for trustees.
Other Commonwealth and State legal aid arrangements
The Commission must provide statistical and other information to agencies of the Commonwealth or other States concerned in the provision of legal aid (s 6(1)(f)). The Fund (s 35(2)(b)) can include money appropriated by Parliaments of the Commonwealth and the State, which reflects intergovernmental funding arrangements. Schedule 3 contains transitional provisions referencing the former Australian Legal Aid Office and approved schemes under the Legal Assistance Act 1962, transferring assets, liabilities and staff to the Commission on commencement (Schedule 3, clauses 1-8).
Administrative Arrangements Act 1990
Administration of the Act is assigned to the Minister for Justice until an order under s 4 of the Administrative Arrangements Act 1990 is made (s 54). This sets the administrative point of contact in the executive.
Court jurisdiction and procedures
The Supreme Court is the forum for judicial review of certain administrative decisions affecting private practitioners (s 22(5)-(8)). The Act itself does not set out a comprehensive judicial review regime for Commission decisions beyond Review Committees and the s 22 proceedings, but it preserves court involvement where practitioners seek relief from listing or limitation decisions.
Penalties and other Acts
The Act refers to penalty units rather than a dollar amount, implicitly tying fines to the penalty unit regime in the Tasmanian Penalties and Sentences framework (s 46; s 52). The Act also links to the Public Sector Superannuation Reform Act 2016 for classification of the Director as an employee for superannuation purposes (s 10A).
Overall, the Act is designed to work within existing administrative, professional and trustee law frameworks, imposing specific duties and cross‑references to ensure legal aid operations interact coherently with employment law, professional regulation, trust investment law and evidence law protections.
Amendment history
The Act contains multiple in‑text amendment annotations. The following summarises the legislative changes recorded in the statute text itself; each citation is taken from the amendment notes appearing in the source.
1994 amendments: Section 3 amended by No. 68 of 1994 (s 3 and Sch 1); section 7(3) inserted by No. 40 of 1994 (s 4). These annotations appear adjacent to definitional provisions and powers (section 3 and 7).
1996, 1999, 2000 series: Schedule and section annotations indicate amendments across the late 1990s, including a validation provision (s 53A inserted by No. 17 of 1996) and changes to bank account provisions (s 37 amended, applied 1 Jan 2000). Section 24(4) indicates later amendment by No. 66 of 2007 as to the particulars of alleged breaches in subsection (4)(a)(i).
2000 amendments: Sections 8 and 10 were substituted by No. 86 of 2000 with an applied date of 1 May 2001; section 10A was inserted by No. 103 of 2000 applied 13 Dec 2000, later substituted by No. 54 of 2016 (applied 31 Mar 2017) to classify the Director for superannuation purposes under the Public Sector Superannuation Reform Act 2016.
2003 and 2004 amendments: Section 19(4) was amended by No. 45 of 2003 and applied 1 Jan 2004, adding definitions relating to “partner” and linking to the Relationships Act 2003. Schedule 3 records transfers from the Australian Legal Aid Office on commencement of the Act and references the Legal Assistance Act 1962.
2005 and 2007 amendments: Section 10A subsections amended by No. 65 of 2005; section 24(4) amended by No. 66 of 2007 to identify specific grounds for deferral/investigation, applied 31 Dec 2008.
2008-2010 amendments: There are annotations that certain subsections (e.g. s 40(2)) were omitted by No. 50 of 2008 with applied dates in 2009 and 2010.
2013 and 2014 amendments: Section 19 received amendments by No. 63 of 2013, applied 1 Mar 2014, altering subsection numbering and adding considerations for court proceedings (s 19(2)(i)-(j)).
2016 amendments: Significant structural changes to membership and schedules were effected by No. 37 of 2016, including substitution of s 5(1) and amendments to Schedule 1 and Schedule 2 (applied 7 Oct 2016). Schedule 4, containing savings and transitional provisions, was inserted by No. 37 of 2016 (applied 7 Oct 2016).
2017 amendments: Multiple definitional and appointment changes are recorded as amended by No. 36 of 2017, with applied date 19 Sep 2017 (notably to s 3 definitions and to s 5(2) eligibility for chairperson, s 6(1)(e) permitting non‑lawyers to participate under supervision, s 8(2) requiring the Director be an Australian lawyer, and other sections).
2020-2021 amendments: Section 19 was amended by No. 26 of 2020, with applied date 1 Mar 2021, inserting subsection (2A) to implement mandatory legal aid where a judge orders assistance under the Evidence (Children and Special Witnesses) Act 2001.
2022 amendments: No. 2 of 2022 (schedules applied 18 Mar 2022) introduced changes to the name/constitution references to Tasmania Legal Aid and inserted Schedule 5 containing further savings and transitional provisions.
The statute itself retains detailed applied dates and amendment sources in its margins and definitions. Practitioners should consult the in‑text amendment notes for precise applied dates and the specific amendment instruments cited adjacent to each affected section. The Act also contains multiple transitional and savings schedules (Schedules 3-5) that effect transfers of staff, assets and continuity of appointments where earlier schemes or organisational names are replaced.
Litigation history
The Act text does not record or cite judicial decisions. It sets out internal review processes and provides for limited judicial intervention in particular circumstances; however, it contains no embedded case law or litigation history.
Mechanisms enabling court involvement
Private legal practitioners who are refused inclusion in the Commission’s list, removed from that list or subject to newly imposed limitations may apply to the Supreme Court within 28 days after receipt of the Commission’s notice (s 22(5)). The Commission may appear in those proceedings (s 22(7)) and the Supreme Court has a wide range of remedies including making the order sought, making any appropriate order, postponing with liberty to apply, or dismissing the application (s 22(8)). These provisions establish a discrete judicial avenue for practitioners affected by listing decisions.
Absence of judicial references in the Act
The Act’s review architecture otherwise relies on administrative Review Committees (ss 29-34). Review Committee decisions are final subject to reapplication where circumstances change (s 34(2), (6)). The statute does not itself provide for automatic court appeal from Review Committee decisions nor does it record appellate treatment of such decisions; practitioners should note that the Act’s text does not document any cases construing its provisions.
Implication for practice
Practitioners should be aware that the Act contemplates and preserves the Supreme Court’s jurisdiction to entertain challenges to the Commission’s administrative decisions in the specified context (s 22), but the Act does not supply further information about how courts have interpreted the Act’s provisions. The Act also provides for certificates (s 47) and judicial notice of the Commission’s common seal (s 4(3)) which have evidentiary consequences in litigation. For an authoritative picture of litigation history, external case law research is required; the statute itself contains no cases or reported judicial constructions.
Gotchas
The Act contains practical points that frequently matter in administration and practice; each is grounded in the statute’s text.
Fee levels and practitioner remuneration
The Commission is required to consult the Law Society on fees (s 24(1)) and the fees payable to private legal practitioners "shall, so far as practicable, be less than the ordinary professional cost" of providing those services (s 24(2)). Practitioners should note that statutory expectation of below ordinary cost fees is explicit and binding in tone; this creates a predictable downward pressure on remuneration for Commission work relative to normal private practice rates.
Deferral and non‑payment risk for private practitioners
The Commission may defer payment of fees pending investigations into alleged breaches of the Act or the Legal Profession Act 2007, alleged fraud or misrepresentation, or alleged improper actions in conducting proceedings; it may defer until completion of criminal or disciplinary proceedings (s 24(4)). If allegations are substantiated in criminal or disciplinary proceedings, the Commission may refuse to pay fees (s 24(5)). Practitioners who accept Commission work therefore run an explicit statutory risk of deferred or withheld payment while under investigation.
Listing, removal and judicial recourse timing
The Commission may refuse, remove or limit a practitioner’s listing only after giving written notice of reasons and a reasonable opportunity to make submissions (s 22(4)(d)-(e)). An affected practitioner has 28 days from receipt of the notice to apply to the Supreme Court (s 22(5)). Missing that 28‑day window will foreclose the specified judicial remedy. The statute therefore requires prompt engagement on receipt of a show‑cause notice.
Assisted person cost liabilities and assignments
An assisted person who is successful in proceedings is liable to pay ordinary professional costs and must pay recovered costs to the Director; the Director can require assignment of recovery rights and assisted persons who fail to comply are deemed to have assigned rights at the end of the 28‑day period (s 25(1), (3), (6)-(7)). Assisted persons and their advisers must be alert to the Director’s potential directions and to the Commission’s right to stand in the assisted person’s place to recover costs (s 25(8)).
False statements offence and restitution
Knowingly false or misleading statements in relation to applications attract a fine up to 50 penalty units and, where conviction follows and legal aid was granted and expenses incurred, a court may order repayment to the Commission equal to those expenses (s 46). Applicants must therefore take care in completing applications and supplying supporting documents (s 16(2)).
Wide delegation and opinion‑based powers
The Commission and Director may delegate functions in writing (s 50(1)) and delegates may act on their own opinion or belief where the exercise of a power is dependent on opinion or belief (s 50(7)). Delegation therefore distributes discretionary power and may reduce predictability because decisions can be made by delegated officers acting on their own judgment.
Finality of Review Committee decisions
Review Committee decisions are, subject to s 34(6), final (s 34(2)). Administrative appeal avenues within the Act are limited; external judicial review paths are not detailed in the statute beyond the Supreme Court role under s 22. Applicants and practitioners should therefore consider their remedies carefully when engaging Review Committees.
Guidelines and discretion
The Commission is required to issue guidelines on eligibility, conditions, contributions and recoveries (s 27). While guidelines exist, they are issued by the Commission and will determine how statutory discretion is operationalised; the Act leaves significant discretion to the Commission in issuing those guidelines. The content and availability of guidelines will materially affect how the statutory rules are applied.
Requirement to provide information and evidentiary consequences
Applicants must provide declarations, certificates and other documents required by the Commission to determine entitlement (s 16(2)). Section 47 allows a Director’s certificate to be evidence that specified expenses were incurred and are payable, which may expedite recovery but limits evidentiary contest on certain facts in debt recovery actions.
Exemptions from duty, fee and charge
The Commission, legal practitioners and assisted persons are exempt from payment of duties, fees or charges in respect of actions for which legal aid is provided (s 51(1)). However, when costs are awarded to assisted persons those costs are deemed to include such duties, and assisted persons are deemed to have paid or incurred those duties for taxation of costs and recovery purposes (s 51(2)). This creates countervailing technical rules that advisers must track when calculating recoverable amounts.
Time limits for reviews and notices
Notifications of decisions must be made in writing within 14 days (s 28(2)); requests for review must be made within 14 days after that notice (s 29(2)(a)). The statutory timetable is tight and procedural missteps on time may foreclose review options.
These are statutory features that commonly generate practical consequences for practitioners, applicants and administrators; they arise directly from the Act’s provisions and procedural architecture.
How to comply
Compliance obligations flow to the Commission, to applicants/assisted persons, to private legal practitioners and to Commission staff and committees. Below are concrete compliance steps tied to the Act’s provisions.
For applicants and assisted persons
Apply in the manner set by the Commission (s 16(1)). Check the Commission’s prescribed application form and process; the Commission may distribute forms to private practitioners for completion (s 16(3)).
Provide all declarations, certificates and other documents the Commission requires to determine eligibility (s 16(2)). Failure to provide accurate material risks contravening the false‑statement offence (s 46).
Be prepared to demonstrate inability to afford private legal services and to supply information relevant to s 19(2) considerations: income, readily available cash, debts, cost of living, likely cost of private services, foreseeable benefits and detriments, and (for court proceedings) prospects of a favourable outcome (s 19(1)-(2)).
If legal aid is granted on condition of contribution, comply with the Commission’s terms for payment and timing; any amount payable is recoverable as a debt (s 21(1)-(2)).
If successful in proceedings, be ready to pay ordinary professional costs and to follow Director directions to recover costs. If required to assign rights to the Commission, comply with a written direction within 28 days or the assignment will be automatic (s 25(1)-(3), (6)-(7)).
For private legal practitioners
Notify the Commission that you are willing to act and, if listed, keep records consistent with the Commission’s allocation registries (s 22(1); s 23(3)). Expect the Commission to make records available to the Law Society (s 23(4)).
Understand fees: the Commission consults the Law Society (s 24(1)) and expects fees to be, so far as practicable, less than ordinary professional cost (s 24(2)). Agree written terms on fees and disbursements where Commission funding applies (s 15(4); s 24).
If the Commission proposes to refuse listing, remove you or impose limitations, engage promptly with the written notice, provide a written submission or address the Commission within the reasonable opportunity given, and be prepared to apply to the Supreme Court within 28 days if necessary (s 22(3)-(5)).
Maintain professional standards and ethical conduct when acting under the Act; officers and private practitioners are subject to the same rules and benefits of privilege (s 11). Be aware that alleged breaches, fraud or improper actions may trigger investigation and fee deferral (s 24(4)-(5)).
Keep proper records and accounts in respect of matters handled under the Act: the Commission will keep accounts and the Director may refer practitioner accounts to a Legal Aid Committee for determination of proper payment (s 24(3)).
For officers, Legal Aid Committees and Review Committees
Observe statutory composition rules and delegations: Legal Aid Committees include the Director, non‑lawyer appointed member and Law Society nominees (s 13). Review Committees have specified membership and must provide reasonable opportunity for applicants to make written submissions and present documents (ss 31, 33).
Apply the Commission’s guidelines in decisions on whether to grant legal aid, in setting conditions and determining payment extents (ss 17(3), 27). Ensure that decisions are notified in writing within 14 days and that written reasons are available on request (s 28).
Where exercising delegated powers, document the instrument of delegation in writing and ensure that any conditions or limitations are recorded (s 50(1), (3)). When powers depend on opinion or belief, keep contemporaneous records of the basis for that opinion in case of later scrutiny (s 50(7)).
For the Commission and Director
Ensure formal establishment and maintenance of the Legal Aid Fund, bank accounts in authorised deposit‑taking institutions and compliance with trust account separation where money is held on trust (ss 35-37). Invest Fund money in accordance with Trustee Act investments (s 38).
Issue guidelines required by s 27 and make those guidelines available to applicants, practitioners and committees so that discretionary decisions are consistent and reviewable.
Provide timely estimates and annual reports to the Ministers as required: initial and annual estimates (s 42) and annual reports by 31 October each financial year (s 48).
Keep proper accounts and records of the Commission’s transactions (s 40(1)). Ensure that any money received on trust is held in separate accounts (s 37(4)).
When the Commission contemplates removal or limitation of a private practitioner’s listing, give written reasons and a reasonable opportunity to respond as required by s 22(4). Where investigation or disciplinary proceedings are underway, consider statutory deferral powers under s 24(4) and record the factual basis for any deferral or refusal to pay.
Ensure communications and publicity of services are managed appropriately (s 43), and that signature rules for proceedings where officers act are correctly implemented (s 44).
Across all participants
Observe statutory timeframes closely: written decision notifications within 14 days (s 28(2)); review requests within 14 days of notice (s 29(2)(a)); Supreme Court applications within 28 days of a practitioner’s notice (s 22(5)); and Director assignment notices with 28‑day compliance windows (s 25(6)).
Treat Director certificates under s 47 as evidence in recovery actions; where liable amounts are asserted under such a certificate, ensure factual checks and timely challenges where appropriate.
These compliance steps map directly to statutory provisions and indicate where practical operations and record‑keeping will prevent enforcement risk and preserve procedural rights for all parties.
[Section 3 Amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008]Law Society means The Law Society of Tasmania continued under the Legal Profession Act 2007 ;
legal aid means the provision of legal assistance and legal services;
Legal Aid Committee means a Legal Aid Committee established under section 12 ;
legal assistance means any legal work or legal advice provided to a person;
[Section 3 Amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008]legal practitioner means an Australian legal practitioner;
legal services includes services consisting of appearing on behalf of a person, or giving legal advice to a person, in connection with a proceeding of a court otherwise than by prior arrangement with the person;
[Section 3 Amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001]officer means a State Service officer or State Service employee employed in the office of the Commission and who is a legal practitioner;
[Section 3 Amended by No. 36 of 2017, s. 10, Applied:19 Sep 2017]private legal practitioner means a person who is practising as a legal practitioner;
regulations means regulations made under this Act;
Review Committee means a Review Committee established under section 30 .
Part 2 Legal Aid Commission
Part 2 Legal Aid Commission
4 Constitution of Commission
4 Constitution of Commission
(1) [Section 4 Subsection (1) amended by No. 2 of 2022, Sched. 1, Applied:18 Mar 2022] There is constituted by this Act a body corporate with the corporate name of Tasmania Legal Aid.
(2) The Commission –
(a) has perpetual succession; and
(b) shall have a common seal; and
(c) may take proceedings, and be proceeded against, in its corporate name; and
(d) may purchase, acquire, hold and dispose of property; and
(e) may do and be subject to all other things that corporations may by law do and be subject to and that are necessary for, or incidental to, the purpose for which it was constituted; and
(f) has the functions imposed, and the powers conferred, on it by this or any other Act.
(3) All courts, judges and persons acting judicially shall take judicial notice of the common seal of the Commission affixed to a document and until the contrary is established, shall presume that it was duly affixed.
5 Membership of Commission
5 Membership of Commission
(1) [Section 5 Subsection (1) substituted by No. 37 of 2016, s. 4, Applied:07 Oct 2016] The Commission consists of 5 Commissioners appointed by the Minister of whom –
(a) one is a person appointed as the chairperson of the Commission; and
(b) one is the Director; and
(c) one is a person with substantial experience and expertise in financial management; and
(d) one is a person with experience in business or government operations; and
(e) one is a person nominated by the Law Society.
(2) A person is not eligible for appointment as the chairperson of the Commission unless the person is –
(a) a former judge or a former magistrate; or
(b) [Section 5 Subsection (2) amended by No. 36 of 2017, s. 11, Applied:19 Sep 2017] an Australian lawyer of at least 5 years' standing as an Australian legal practitioner.
(3) Schedule 1 has effect with respect to the membership of the Commission.
(4) Schedule 2 has effect with respect to the meetings of the Commission.
6 Functions of Commission
6 Functions of Commission
(1) The functions of the Commission are as follows:
(a) to provide legal aid in accordance with this Act;
(b) to liaise and co-operate with, and to make reciprocal arrangements with, professional bodies representing private legal practitioners and other bodies engaged or interested in the provision of legal aid;
(c) to liaise with professional bodies representing private legal practitioners to facilitate the use of services provided by private legal practitioners;
(d) to make maximum use of services which private legal practitioners offer to provide on a voluntary basis;
(e) [Section 6 Subsection (1) amended by No. 36 of 2017, s. 12, Applied:19 Sep 2017] to encourage and permit persons who are not legal practitioners to participate, so far as the Commission considers it practicable and proper to do so, on a voluntary basis and under professional supervision, in the provision of legal aid;
(f) to provide agencies of the Commonwealth or another State or Territory of the Commonwealth concerned in the provision of legal aid with such statistical and other information as they may reasonably require;
(g) to ascertain the most efficient, economical and effective means of maximizing rights and remedies under the law in Tasmania;
(h) to perform such other functions as the Minister may direct.
(2) In the performance of its functions, the Commission shall –
(a) have regard to the amount of money standing to the credit of the Fund and any other money likely to be received for the purposes of that Fund; and
(b) ensure that legal aid is provided in the most effective, efficient and economical manner; and
(c) ensure that its activities are carried on consistently with, and do not prejudice, the independence of the private legal profession.
7 Powers of Commission
7 Powers of Commission
(1) The Commission has such powers as are necessary to enable it to perform its functions and exercise its powers.
(2) The Commission may make recommendations to the Minister with respect to any reforms of the law it considers desirable.
(3) *[Section 7 Subsection (3) inserted by No. 40 of 1994, s. 4 ]*This section does not empower the Commission to appoint any person as an employee or officer.
8 Director of Legal Aid
8 Director of Legal Aid
(1) [Section 8 Subsection (1) substituted by No. 86 of 2000, Sched. 1, Applied:01 May 2001] Subject to and in accordance with the State Service Act 2000 , a Director of the Commission is to be appointed.
(2) [Section 8 Subsection (2) amended by No. 36 of 2017, s. 13, Applied:19 Sep 2017] A person appointed as Director of the Commission shall be an Australian lawyer.
(3) If the person appointed as Director does not hold a current practising certificate, the person is deemed to hold such a certificate for the period during which the person holds office as Director.
(4) The Director shall –
(a) perform all the duties imposed on the Director under this Act or regulations; and
(b) carry out all instructions from, and the decisions of, the Commission.
9 Acting Director
9 Acting Director
(1) [Section 9 Subsection (1) amended by No. 36 of 2017, s. 14, Applied:19 Sep 2017] Where –
(a) the Director is absent from duty or from the State; or
(b) the Director is unable to perform the duties of the office; or
(c) there is a vacancy in the office of the Director –
the Secretary of the Department may appoint a person who is an Australian lawyer to act as the Director during the absence or until the vacancy is filled.
(2) If the person appointed to act in the office of the Director does not hold a current practising certificate, the person is deemed to hold such a certificate for the period during which the person acts in that office.
10 Staff of Commission
10 Staff of Commission
[Section 10 Amended by No. 40 of 1994, s. 5 ][Section 10 Substituted by No. 86 of 2000, Sched. 1, Applied:01 May 2001]
(1) Subject to and in accordance with the State Service Act 2000 , persons may be appointed or employed to assist the Commission in the performance of its functions or the exercise of its powers.
(2) The Secretary of the Department, at the request of the Commission, may provide it with State Service officers and State Service employees employed in the Department.
10A Superannuation
10A Superannuation
[Section 10A Inserted by No. 103 of 2000, Sched. 1, Applied:13 Dec 2000][Section 10A Subsection (1) amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005][Section 10A Subsection (3) amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005][Section 10A Subsection (3A) inserted by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005][Section 10A Subsection (5) amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005][Section 10A Subsection (6) omitted by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005][Section 10A Substituted by No. 54 of 2016, s. 62, Applied:31 Mar 2017] The Commissioner is an employee for the purposes of the Public Sector Superannuation Reform Act 2016 .
11 Professional conduct of officers
11 Professional conduct of officers
(1) An officer, when practising as, or performing any of the functions of, a legal practitioner, in pursuance of this Act –
(a) shall observe the same rules and standards of professional conduct and ethics as those that a private legal practitioner is, by law or the custom of the legal profession, required to observe in the practice of the legal profession; and
(b) is subject to the same professional duties as those to which a private legal practitioner is, by law or the custom of the legal profession, subject.
(2) The same privileges as those that arise from the relationship of client and legal practitioner acting in a professional capacity and in the course of professional employment shall arise –
(a) between a person who has applied for legal aid, or to whom legal aid is being provided, and an officer who practices as, or performs any of the functions of, a legal practitioner for the person under this Act; and
(b) between a private legal practitioner and the Commission in relation to services provided by the private legal practitioner for a person under this Act.
Part 3 Legal Aid Committees
Part 3 Legal Aid Committees
12 Establishment of Legal Aid Committees
12 Establishment of Legal Aid Committees
The Commission may establish such Legal Aid Committees as it considers necessary for the purposes of this Act.
13 Constitution of Legal Aid Committees
13 Constitution of Legal Aid Committees
(1) A Legal Aid Committee consists of 4 members of whom –
(a) one is the Director; and
(b) [Section 13 Subsection (1) amended by No. 36 of 2017, s. 15, Applied:19 Sep 2017] one is a person, appointed by the Commission, who is not a legal practitioner; and
(c) [Section 13 Subsection (1) amended by No. 36 of 2017, s. 15, Applied:19 Sep 2017] 2 are persons, nominated by the Law Society and appointed by the Commission, who are legal practitioners.
(2) The Commission shall appoint a member of a Legal Aid Committee as chairperson of that Legal Aid Committee.
(3) The Director may appoint an officer to be the Director's deputy as a member of a Legal Aid Committee.
(4) The deputy of the Director appointed is entitled to attend a meeting of the Legal Aid Committee in the absence of the Director from that meeting and while so attending is deemed to be a member of that Legal Aid Committee.
(5) The Commission may appoint a person as a deputy of a member referred to in subsection (1)(b) .
(6) The Commission may appoint a legal practitioner nominated by the Law Society as a deputy of a member referred to in subsection (1)(c) .
(7) The deputy of a member appointed under subsection (5) or (6) is entitled to attend a meeting of a Legal Aid Committee in the absence of the member from that meeting and while so attending is deemed to be a member of the Legal Aid Committee.
14 Functions and powers of Legal Aid Committees
14 Functions and powers of Legal Aid Committees
(1) The functions of a Legal Aid Committee are –
(a) to decide on applications for legal aid coming before the Committee; and
(b) to decide on any other matters coming before the Committee under thi
This is an opening excerpt, not the complete document.