AUSTRALIAN CAPITAL TERRITORY

legal aid act 1977
This consolidation has been prepared by the ACT Parliamentary Counsel’s Office
Updated as at 9 December 1998
TABLE OF PROVISIONS
Section
part i—preliminary
	1.	Short title
	2.	Commencement
	3.	Repeal
	5.	Interpretation
Part II—Establishment And Functions Of Legal Aid Commission
	6.	Establishment of Commission
	7.	Constitution of Commission
	8.	Functions of Commission
	8A.	Funding agreements—application of the Act
	9.	Powers of Commission
	10.	Duties of Commission
	11.	Guidelines for allocation of work
	12.	Guidelines for the provision of assistance
	13.	Professional conduct by officers of Commission
Part III—Establishment And Functions Of The Legal Aid Committees
	14.	Establishment of Committees
	15.	Constitution of Committees

	16.	Functions of Committees
Part IV—Officers Of Commission
	17.	Chief Executive Officer and Assistant Executive Officers
	18.	Qualifications for appointment
	19.	Duties of Assistant Executive Officers
	19A.	Statutory officers of the Commission to furnish reports
	19B.	Statutory officers of the Commission to follow directions
	20.	Staff of Commission
	21.	Delegation
	22.	Rights of officers of Commission in respect of legal practice
	23.	Legal practitioner on the record
Part V—Provision Of Legal Assistance By Commission
	24.	Bringing services of Commission to public notice
	25.	Application for legal assistance
	26.	Determination of applications for legal assistance
	27.	Termination or variation of legal assistance
	28.	Circumstances in which legal assistance may be provided
	28A.	Legal assistance under the Convention
	29.	Legal assistance—interests adverse to the Territory
	30.	Legal advice and duty lawyer services
	31.	Contribution towards costs and expenses
	31A.	Security for payment of contribution
	32.	Arranging for services of private legal practitioners
	32A.	Prohibition of additional payments to private practitioners
	33.	Entitlement of legally assisted persons to costs in proceedings
	34.	Payment by Commission of costs awarded against legally assisted persons
	35.	Notification of decisions
Part VI—Reconsideration And Review Of Decisions
	36.	Reconsideration of a decision
	37.	Establishment and constitution of Review Committees
	39.	Function of Review Committee
	39A.	Chief Executive Officer and person requesting review to have opportunity to be heard
	39B.	Power of Review Committees to obtain information and documents
	40.	Decision of Review Committee
	40A.	Cessation of Committee
Part VII—Finances of Commission
	41.	Establishment of Fund
	42.	Banking accounts
	43.	Application of Fund
	44.	Limitation on contracts
	45.	Estimates of expenditure
	46.	Proper accounts to be kept by Commission
	47.	Audit
Part VIII—Administrative Provisions Relating To Commission
Division 1—Commissioners
	48.	Tenure of office
	50.	Qualifications for appointment
	51.	Resignation
	52.	Removal from office
	53.	Acting President of the Commission
	54.	Meetings
	55.	Interests to be disclosed
Division 2—Officers of Commission
	56.	Conditions of appointment
	58.	Leave of absence
	59.	Resignation
	60.	Removal from office
	60A.	Review of decision to remove from office
	61.	Outside employment
	62.	Acting appointments
	68.	Terms and conditions generally
	68A.	Personnel management
	69.	Application of Legal Practitioners Act to officers of the Commission
Part IX—Administrative Provisions Relating To Legal Aid Committees
	70.	Tenure of office
	71.	Senior member etc. of Committee
	72.	Resignation
	73.	Removal from office
	74.	Meetings of Committee
	75.	Interests to be disclosed
Part X—Administrative Provisions Relating To Review Committees
	76.	Membership of panel
	77.	Resignation from panel
	78.	Removal from panel
	79.	Allowances
	80.	Meetings of Review Committee
	81.	Interests to be disclosed
Part XI—Consultative Committees
	82.	Establishment of consultative committees
	83.	Constitution of consultative committees
	84.	General provisions relating to consultative committees
Part XIA—Inquiry Relating To Affairs Of Commission
	84A.	Interpretation
	84B.	Appointment of person to conduct inquiry
	84C.	Assistants
	84D.	Access to documents etc.
	84E.	Professional privilege
Part XIII—Miscellaneous
	91.	Liabilities of Commission and of the Territory
	91A.	Grants to voluntary legal assistance organisations
	92.	Secrecy
	92AA.	General exceptions to secrecy provisions
	92A.	Power of Commission to obtain information or documents
	93.	Exemption from fees and taxes
	94.	Commission to operate as “Legal Aid Office (A.C.T.)”
	95.	False or misleading statements
	95A.	Interest on amounts due to the Commission
	96.	Certificate as to amounts owing to Commission
	98.	Superannuation
	99.	Regulations

AUSTRALIAN CAPITAL TERRITORY

legal aid act 1977
An Act relating to the provision of Legal Aid
Part I—Preliminary
1. 	Short title
	This Act may be cited as the Legal Aid Act 1977.1
2. 	Commencement
(1) 	Subject to subsections (2) and (3), this Act shall come into operation on the date on which it is notified in the Gazette.1
(2) 	Section 3 shall come into operation on the commencing day.1
(3) 	Legal assistance shall not be provided under this Act before a date fixed by the Attorney-General, by notice in the Gazette3, as the date on which legal assistance is to commence to be made available under this Act.
3. 	Repeal
	The Legal Aid Ordinance 1972 is repealed.
5. 	Interpretation
(1) 	In this Act, unless the contrary intention appears—
“Assistant Executive Officer” means an Assistant Executive Officer of the Commission;

“Bar Association” means the Bar Association of the Australian Capital Territory;
“Chief Executive Officer” means the Chief Executive Officer of the Commission;
“commencing day”1 means the day appointed under subsection 2 (3);
“Commission” means the Legal Aid Commission established by section 6;
“Commissioner” means a Commissioner of the Commission and includes the President of the Commission;
“consultative committee” means a consultative committee established under Part XI;
“duty lawyer services” means legal services provided by a legal practitioner attending at a proceeding of a court or tribunal, being legal services consisting of appearing on behalf of a person at, or giving legal advice to a person in connection with, the proceeding, otherwise than by prior arrangement with the person;
“Fund” means the Legal Aid Fund established by section 41;
“funding agreement” means an agreement between the Territory and the Commonwealth, a State or another Territory (“the other jurisdiction”) for the provision of legal assistance by the Commission in matters arising under the laws of the other jurisdiction, where the agreement provides for the full funding of such assistance by the other jurisdiction, including funding of all overheads (including administrative overheads) involved in implementing the agreement;
“Judge” means a Judge of a federal court or of the Supreme Court of a State or Territory;
“Law Society” means the Law Society of the Australian Capital Territory;
“legal aid commission” means an authority established by or under a law of a State or Territory for the purpose of, or for purposes that include, the provision of legal assistance;
“Legal Aid Committee” means a Legal Aid Committee established under section 14;
“legally assisted person” means a person to whom legal assistance is provided under this Act;
“member of a Legal Aid Committee” includes a deputy of a member of a Legal Aid Committee other than a deputy of the Chief Executive Officer;
“member of a Review Committee” includes a deputy of a member of a Review Committee;
“member of the staff of the Commission” means a person employed under section 20;
“officer of the Commission” means a statutory officer of the Commission or a member of the staff of the Commission;
“practising certificate” means a restricted practising certificate or an unrestricted practising certificate issued under the Legal Practitioners Act 1970;
“private legal practitioner” means a person who is practising as a barrister, as a solicitor, or as a barrister and solicitor, on his or her own account or in partnership;
“produce” includes permit access to;
“Review Committee” means a Review Committee established under Part VI;
“Statutory Interest Account” means an account maintained at a bank in accordance with subsection 128 (2) of the Legal Practitioners Act 1970;
“statutory officer of the Commission” means the Chief Executive Officer or an Assistant Executive Officer;
“Territory matter” means a matter arising under a law of the Territory, other than a law in relation to which a funding agreement is in force;
“tribunal” includes an authority or person having power to require the production of documents or the answering of questions, but does not include a court;
“unrestricted practising certificate” means an unrestricted practising certificate issued under the Legal Practitioners Act 1970.
(2) 	A reference in this Act to the provision of legal assistance shall be construed as a reference to the provision of legal services (including the giving of legal advice) without charge to the person to whom the legal services are provided or subject to the making of a payment by that person that is less than the full cost of the provision of the legal services.
Part II—Establishment and Functions of Legal Aid Commission
6. 	Establishment of Commission
(1) 	There is established by this section a Commission by the name of the Legal Aid Commission (A.C.T.).
(2) 	The Commission—
	(a)	is a body corporate;
	(b)	shall have a common seal;
	(c)	may acquire, hold and dispose of real and personal property;
	(d)	may enter into such agreements and arrangements as it considers desirable for the purposes of this Act; and
	(e)	may sue and be sued in its corporate name.
(3) 	All courts and persons holding judicial office or acting judicially shall take judicial notice of the common seal of the Commission affixed to a document and shall presume that it was duly affixed.
7. 	Constitution of Commission
(1) 	Subject to subsection (2), the Commission shall be constituted by—
	(a)	a President;
	(ab)	a Commissioner to represent the Minister;
	(b)	a Commissioner nominated by the Attorney-General for the Commonwealth to represent him or her;
	(d)	a Commissioner chosen from a panel of not less than 3 persons nominated by the Council of the Bar Association;
	(e)	a Commissioner chosen from a panel of not less than 3 persons nominated by the Council of the Law Society;
	(f)	a Commissioner chosen from a panel of not less than 3 persons nominated by the Executive Committee of the Council of Social Service of the Australian Capital Territory; and
	(g)	a Commissioner who, in the opinion of the Minister, is a person who, by reason of qualifications, training or experience, will be able to afford specialist assistance to the Commission in the performance of its functions.
(2) 	The Chief Executive Officer shall, ex officio, be a Commissioner of the Commission.
(3) 	The President and the other Commissioners other than the Chief Executive Officer shall be appointed by the Minister and shall hold office on a part-time basis.
(4) 	The performance of the functions, or the exercise of the powers, of the Commission is not affected by reason of there being a vacancy or vacancies in the membership of the Commission.
(5) 	The appointment of a Commissioner is not invalidated, and shall not be called in question, by reason of a defect or irregularity in connection with his or her nomination.
(6) 	In this section, a reference to the Chief Executive Officer shall, if there is a person acting in the office of Chief Executive Officer, be read as a reference to the person so acting.
8. 	Functions of Commission
(1) 	The Commission shall provide legal assistance in Territory matters in accordance with this Act.
(2) 	Legal assistance may be provided by the Commission by arranging for the services of private legal practitioners to be made available at the expense of the Commission or by making available the services of officers of the Commission.
(3) 	Where a funding agreement is in force—
	(a)	the Minister may direct the Commission to apply the agreement; and
	(b)	the Commission shall comply with the Minister’s direction.
(4) 	The Minister shall cause a copy of a direction under paragraph (3) (a), together with a copy of the relevant funding agreement, to be laid before the Legislative Assembly within 15 sitting days after the day on which the direction is issued. 
8A. 	Funding agreements—application of the Act
(1) 	Where the Minister issues a direction under paragraph 8 (3) (a), this Act applies in relation to the provision of legal assistance in a matter to which the relevant funding agreement applies, subject to subsection (2).
(2) 	The following provisions of this Act only apply in relation to the provision of legal assistance in a matter to which a funding agreement applies to the extent to which those provisions are not inconsistent with the funding agreement:
	(a)	paragraph 10 (1) (j);
	(b)	sections 11 and 12;
	(c)	Parts V and VI.
9. 	Powers of Commission
(1) 	The Commission may do all things necessary or convenient to be done for or in connection with the performance of its functions.
(2) 	Where the Commission provides legal assistance by making available the services of officers of the Commission, the Commission shall pay any disbursements (including barristers’ fees) and out-of-pocket expenses incurred in the course of providing that assistance.
(3) 	Where the Commission provides legal assistance by arranging for the services of private legal practitioners, the Commission shall, except where the services are provided on a voluntary basis, pay fees to those private legal practitioners for the performance of those services (being fees determined by the Commission in accordance with subsections 32 (8), (9) and (10)) and shall pay any disbursements (including barristers’ fees) and out-of-pocket expenses properly incurred by them.
(4) 	The Commission may accept moneys or other property on trust and may act as trustee of moneys or other property held by the Commission upon trust.
(5) 	Notwithstanding anything contained in any other provision of this Act, but subject to subsection (7), any moneys or other property held by the Commission upon trust shall be dealt with in accordance with the powers and duties of the Commission as trustee under the Trustee Act 1957.
(6) 	The provisions of the Legal Practitioners Act 1970 relating to the keeping of accounts by solicitors in respect of moneys held by them upon trust, and the audit of such accounts, do not apply in relation to moneys held by the Commission upon trust.
(7) 	The provision of Division 8 of Part XI of the Legal Practitioners Act 1970 apply to and in relation to moneys held by the Commission upon trust for persons who are or have been legally assisted persons and, in the application of those provisions by reason of this subsection, a reference in those provisions to a solicitor shall be read as a reference to the Commission.
(8) 	Moneys held by the Commission upon trust (other than moneys required to be deposited with the Law Society in pursuance of Division 8 of Part XI of the Legal Practitioners Act 1970) may be invested by the Commission in any manner in which trust funds may, for the time being, be invested under the Trustee Act 1957, but not otherwise, and any moneys resulting from investments so made shall be paid to the credit of the Fund.
10. 	Duties of Commission
(1) 	In the performance of its functions, the Commission shall—
	(a)	ensure that legal assistance is provided in the most effective, efficient and economical manner;
	(b)	ensure that its activities are carried on consistently with, and do not prejudice, the independence of the private legal profession;
	(c)	liaise and co-operate with and, if the Commission considers it desirable to do so, make reciprocal arrangements with, other legal aid commissions, professional bodies representing private legal practitioners and other bodies engaged or interested in the provision of legal assistance in the Territory or elsewhere;
	(d)	liaise with professional bodies representing private legal practitioners in order to facilitate the use, in appropriate circumstances, of services provided by private legal practitioners;
	(e)	make maximum use of services which private legal practitioners offer to provide on a voluntary basis;
	(h)	make the services of the Commission available to persons eligible for legal assistance by establishing such local offices as it considers appropriate and by making such other arrangements as it considers appropriate;
	(j)	determine priorities in the provision of legal assistance as between different classes of persons or classes of matters;
	(k)	arrange for the provision of duty lawyer services at sittings in the Territory of such courts and tribunals as the Commission considers appropriate;
	(l)	endeavour to secure the services of language interpreters, marriage counsellors, welfare officers and other appropriate persons to assist legally assisted persons in connection with matters in respect of which they are provided with legal assistance; and
	(m)	encourage and permit law students to participate, so far as the Commission considers it practicable and proper to do so, on a voluntary basis, under professional supervision, in the provision of legal assistance by officers of the Commission.
(2) 	The Commission shall—
	(a)	make recommendations to the Minister with respect to any reforms of the law the desirability for which has come to its attention in the course of the performance of its functions; and
	(b)	initiate and carry out educational programs designed to promote an understanding by the public, and by sections of the public who have special needs in this respect, of their rights, powers, privileges and duties under the law in force in the Territory.
(3) 	In the performance of its functions, the Commission shall have regard to the amount of moneys for the time being standing to the credit of the Fund and of any moneys likely to be received by the Commission for the purposes of the Fund.
11. 	Guidelines for allocation of work
	The Commission shall determine guidelines for the allocation of work between officers of the Commission and private legal practitioners having regard to the following considerations:
	(a)	the need for legal services to be readily available and easily accessible to disadvantaged persons:
	(b)	the need to make the most efficient use of the moneys available to the Commission;
	(c)	the desirability of enabling a legally assisted person to obtain the services of the legal practitioner of his or her choice;
	(d)	the desirability of maintaining the independence of the private legal profession; and
	(e)	the desirability of enabling officers of the Commission to utilise and develop their expertise and maintain their professional standards by conducting litigation and doing other kinds of professional legal work.
12. 	Guidelines for the provision of assistance
	The Commission shall determine, and make known to the public, guidelines to be applied—
	(a)	in the application of section 28 for the purposes of determining whether legal assistance may be provided to a person under this Act;
	(b)	in determining whether the granting of legal assistance to a person will be subject to any of the conditions mentioned in subsection 31 (1);
	(c)	in determining the extent (if any) to which the Commission will pay costs awarded against a legally assisted person in any proceeding; and
	(d)	in determining the amount of costs or disbursements that will be required to be paid to the Commission under section 33 by a legally assisted person who has been successful in the proceeding in respect of which the legal assistance was provided.
13. 	Professional conduct by officers of Commission
(1) 	An officer of the Commission, when practising as, or performing any of the functions of, a solicitor, or exercising a right of audience in a court or before a tribunal, 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 his or her profession; and
	(b)	is subject to the same professional duties as those to which a private legal practitioner is subject, by law or the custom of the legal profession, in the practice of his or her profession.
(2) 	Subject to the section 92AA, the like privileges as those that arise from the relationship of client and solicitor acting in his or her professional capacity and in the course of his or her professional employment shall arise between a person who has applied for legal assistance, or to whom legal assistance is being provided, under this Act and a statutory officer of the Commission who practises as, or performs any of the functions of, a solicitor for the person in pursuance of this Act.
(3) 	For the purposes of the application of subsection (1) in respect of an officer of the Commission who is practising as, or performing any of the functions of, a solicitor, or is exercising a right of audience in a court or before a tribunal, in the Territory on behalf of a legally assisted person—
	(a)	if there are no Assistant Executive Officers—
	(i)	the Chief Executive Officer shall be deemed to be a solicitor lawfully practising on his or her own account in the Territory and retained by the person to act on his or her behalf; and
	(ii)	the members of the staff of the Commission shall be deemed to be employed by the Chief Executive Officer; or
	(b)	if there is an Assistant Executive Officer or there are Assistant Executive Officers—
	(i)	the Chief Executive Officer and the Assistant Executive Officer or Assistant Executive Officers shall be deemed to be a firm of solicitors lawfully practising in partnership in the Territory and retained by the person to act on his or her behalf; and
	(ii)	the members of the staff of the Commission shall be deemed to be employed by that firm.
(4) 	In this section—
“Assistant Executive Officer” includes a person acting in the office of Assistant Executive Officer;
“Chief Executive Officer” includes a person acting in the office of Chief Executive Officer.
Part III—Establishment And Functions Of The Legal Aid Committees
14. 	Establishment of Committees
	For the purposes of this Act, there shall be such Legal Aid Committees as the Commission establishes in accordance with this Part.
15. 	Constitution of Committees
(1) 	Each Legal Aid Committee shall consist of the Chief Executive Officer and 3 other members.
(2) 	The members of a Legal Aid Committee, other than the Chief Executive Officer, shall be appointed by the Commission.
(3) 	The Commission shall appoint as a member of a Legal Aid Committee 1 person who is not a legal practitioner.
(4) 	The members of a Legal Aid Committee, other than the Chief Executive Officer and the person appointed under subsection (3), shall be persons nominated by the Law Society or Bar Association.
(5) 	Subject to subsection (6), the Chief Executive Officer may appoint another officer of the Commission to be his or her deputy, or may appoint other officers of the Commission to be his or her deputies, in relation to his or her membership of Legal Aid Committees.
(6) 	An officer of the Commission is not eligible to be appointed as the deputy or as a deputy of the Chief Executive Officer under subsection (5) unless he or she holds a current practising certificate.
(7) 	In the event of the absence of the Chief Executive Officer from a meeting of a Legal Aid Committee, the deputy of the Chief Executive Officer, or, if there is more than one deputy, one of the deputies, is entitled to attend that meeting and, while so attending, shall be deemed to be a member of the Committee.
(8) 	The Commission may appoint a person to be the deputy of a member of a Legal Aid Committee other than the Chief Executive Officer and, in the event of the absence of the member from a meeting of the Legal Aid Committee, the deputy is entitled to attend that meeting and, while so attending, shall be deemed to be a member of the Committee.
(9) 	In this section, “Chief Executive Officer” includes a person acting in the office of Chief Executive Officer.
16. 	Functions of Committees
	The functions of a Legal Aid Committee are—
	(a)	to decide applications for legal assistance coming before the Committee; and
	(b)	to decide any other matters coming before the Committee under this Act.
Part IV—Officers of Commission
17. 	Chief Executive Officer and Assistant Executive Officers
(1) 	There shall be a Chief Executive Officer of the Commission who shall be charged with the management of the operations and affairs of the Commission.
(2) 	The Chief Executive Officer shall be appointed by the Commission.
(3) 	The Commission may appoint such Assistant Executive Officers of the Commission as it considers necessary to assist the Chief Executive Officer in the performance of the functions of the Chief Executive Officer under this Act.
18. 	Qualifications for appointment
	A person is not eligible for appointment as a statutory officer of the Commission unless he or she is a legal practitioner who holds a current unrestricted practising certificate issued under the Legal Practitioners Act 1970.
19. 	Duties of Assistant Executive Officers
	An Assistant Executive Officer shall perform such duties in relation to the management of the operations or affairs of the Commission as the Chief Executive Officer directs.
19A. 	Statutory officers of the Commission to furnish reports
	A statutory officer of the Commission shall, if requested by the Commission to do so, furnish a report in writing to the Commission with respect to—
	(a)	the exercise of the officer’s powers, or the performance of the officer’s duties or functions, under this Act; or
	(b)	the policy the officer is pursuing, or proposes to pursue, in connection with those powers, duties or functions.
19B. 	Statutory officers of the Commission to follow directions
	The Commission may issue directions to a statutory officer of the Commission in relation to—
	(a)	the exercise of the officer’s powers, or the performance of the officer’s duties or functions, under this Act; or
	(b)	the policy the officer is to pursue in connection with those powers, duties or functions,
and the statutory officer shall observe and carry out those directions.
20. 	Staff of Commission
(1) 	The Commission may employ as members of the staff of the Commission such persons as it considers necessary to enable it to properly perform its functions.
(2) 	The Commission, if it is practicable to do so, shall make reciprocal arrangements with other legal aid commissions for the purpose of facilitating the transfer of staff between the Commission and any of those other legal aid commissions.
21. 	Delegation
(1) 	The Chief Executive Officer may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him or her, delegate to another officer of the Commission any of his or her powers under this Act, other than this power of delegation.
(2) 	A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Chief Executive Officer.
(3) 	A delegation under this section does not prevent the exercise of a power by the Chief Executive Officer.
22. 	Rights of officers of Commission in respect of legal practice
(1) 	A statutory officer of the Commission shall not perform any functions under this Act unless he or she holds a current unrestricted practising certificate.
(2) 	A member of the staff of the Commission shall not perform any functions of a solicitor under this Act unless he or she holds a current practising certificate.
(3) 	Subject to subsection (11), a statutory officer of the Commission who holds a current unrestricted practising certificate is entitled to practise as a solicitor, and to perform the functions of a solicitor, in the Territory and in any court of the Territory and has a right of audience in any court of the Territory.
(4)	Subject to subsection (11), a member of the staff of the Commission who holds a current practising certificate has such rights to practise as a solicitor, and such rights to perform the functions of a solicitor, in the Territory, and such rights of audience in any court of the Territory, as he or she would have if the Chief Executive Officer were a solicitor lawfully practising on his or her own account in the Territory and the member of the staff were employed by that solicitor.
(5) 	An officer of the Commission who is a legal practitioner is entitled to practise as a barrister, and to perform the functions of a barrister, in the Territory and in any court of the Territory.
(6) 	In practising as a solicitor or performing any of the functions of a solicitor in pursuance of this section—
	(a)	a statutory officer of the Commission has all the rights and privileges of a solicitor practising on his or her own account; and
	(b)	a member of the staff of the Commission has all the rights and privileges of a solicitor employed by a person practising as a solicitor on his or her own account.
(7) 	In appearing for a legally assisted person in a proceeding in a court or before a tribunal in pursuance of this section, an officer of the Commission has the same protection and immunity as a barrister has in appearing for a party in a proceeding in that court or before that tribunal.
(8) 	This section applies in relation to a person acting in the office of a statutory officer of the Commission in like manner as it applies in relation to the statutory officer of the Commission concerned.
(9) 	The preceding provisions of this section have effect only for the purposes of the performance by the Commission of its functions.
(10) 	Nothing in this section affects any right to practise as a solicitor or perform the functions of a solicitor, or any right of audience in a court or before a tribunal, that an officer of the Commission has apart from this section.
(11) 	Part VIII of the Legal Practitioners Act 1970 applies to and in relation to officers of the Commission who are legal practitioners within the meaning of that Act in like manner as it applies to and in relation to other persons who are legal practitioners within the meaning of that Act.
23. 	Legal practitioner on the record
(1) 	Where—
	(a)	in any proceeding, a document is required or permitted to be signed by a legal practitioner for a party to the proceeding who is a legally assisted person; and
	(b)	legal services are being provided to the legally assisted person in relation to the proceeding by an officer of the Commission,
the signature of the Chief Executive Officer, or of an officer of the Commission authorised in writing by the Chief Executive Officer to sign documents on behalf of the Chief Executive Officer for the purposes of this section, shall be deemed to be the signature of a legal practitioner for that party.
(2) 	In this section, “Chief Executive Officer” includes a person acting in the office of Chief Executive Officer.
Part V—Provision Of Legal Assistance By Commission
24. 	Bringing services of Commission to public notice
	The Commission may, by public advertisement or otherwise, bring the services made available by the Commission to the attention of the public and any officer of the Commission may, in the course of the performance of his or her duties, bring those services to the attention of the public or to the attention of particular persons.
25. 	Application for legal assistance
(1) 	An application for legal assistance, other than legal assistance consisting of the giving of legal advice or the provision of duty lawyer services—
	(a)	shall be made to the Commission in writing and shall be substantially in accordance with a form approved by the Commission; and
	(b)	shall contain such information as is required by that form.
(2) 	The Commission may, in special circumstances, treat an application that does not comply with all the requirements of subsection (1) as having been duly made.
(3) 	An applicant for legal assistance to which subsection (1) applies shall furnish to the Commission such declarations, certificates and other documents as the Commission requires for the purpose of enabling a decision to be made as to whether legal assistance should be granted in respect of the application.
(4) 	Where legal advice is being provided to a person under this Act and it appears to an officer of the Commission that the legal advice required by the person is likely to be of a substantial or continuing nature, the officer may require the person to make an application for legal assistance in accordance with subsections (1) and (3) and, where such a requirement is made, those subsections and subsections 28 (1), (2) and (3), section 31 and subsection 35 (2) apply in relation to the application.
(5) 	The Commission may distribute to private legal practitioners application forms for completion by persons wishing to apply for legal assistance.
26. 	Determination of applications for legal assistance
(1) 	An application for legal assistance shall, in accordance with the directions of the Commission, be decided by a Legal Aid Committee, by the Chief Executive Officer or by another officer of the Commission authorised by the Chief Executive Officer to decide applications for legal assistance.
(2) 	The Commission shall give directions as to—
	(a)	the classes of cases in which applications for legal assistance are to be decided by a Legal Aid Committee; and
	(b)	the classes of cases in which such applications are to be decided by officers of the Commission.
(3) 	Where a Legal Aid Committee or an officer of the Commission decides to grant an application for legal assistance, the Committee or officer shall also decide, in accordance with guidelines determined by the Commission in pursuance of sections 11 and 12—
	(a)	whether the legal assistance should be provided by making available the services of a private legal practitioner or whether the legal assistance should be provided by making available the services of an officer of the Commission;
	(b)	the nature and extent of the legal assistance to be provided; and
	(c)	whether the legal assistance is to be provided without charge or subject to all or any of the conditions referred to in subsection 31 (1).
(4) 	The Chief Executive Officer shall ensure that each 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 assistance, a Legal Aid Committee or an officer of the Commission may make such inquiries and obtain such advice (including the opinion of counsel) and reports as the Committee or officer considers desirable.
(6) 	The cost of making such inquiries or obtaining such advice or reports shall be paid—
	(a)	if the Committee or officer so determines—by the applicant for the legal assistance; or
	(b)	in any other case—out of the Fund.
27. 	Termination or variation of legal assistance
	A decision to provide legal assistance to a person under this Act may be varied at any time so as to—
	(a)	terminate the provision of the legal assistance;
	(b)	alter the nature or extent of the legal assistance;
	(c)	make the provision of the legal assistance subject to a condition in accordance with section 31; or
	(d)	alter a condition to which the provision of the legal assistance is subject in accordance with section 31, 
and may be so varied—
	(e)	in a case where the decision was made by a Legal Aid Committee—by such a Committee; or
	(f)	in a case where the decision was made by an officer of the Commission—by the Chief Executive Officer or by an appropriate officer of the Commission in accordance with arrangements made or approved by the Chief Executive Officer.
28. 	Circumstances in which legal assistance may be provided
(1) 	Subject to this section, and section 28A, legal assistance, other than legal assistance consisting of the giving of legal advice or the provision of duty lawyer services, may be provided to a person under this Act if, and only if—
	(a)	the person is in need of that legal assistance by reason that he or she is unable to afford the cost of obtaining from private legal practitioners the legal services in respect of which legal assistance is sought; and
	(b)	it is reasonable in all the circumstances to provide the legal assistance.
(2) 	In the making of a decision whether a person is in need of legal assistance by reason that he or she is unable to afford the cost of obtaining from private legal practitioners the legal services in respect of which the legal assistance is sought, regard shall be had to all relevant matters, including the following matters:
	(a)	the income of the person;
	(b)	the cash that is readily available to the person or can be made so available;
	(c)	the debts, liabilities and other financial obligations of the person;
	(d)	the cost of living;
	(e)	the cost of obtaining the legal services from private legal practitioners; and
	(f)	any other matter affecting the ability of the person to meet the cost of obtaining the legal services from private legal practitioners.
(3) 	In the making of a decision whether it is reasonable in all the circumstances to provide legal assistance to a person, regard shall be had to all relevant matters, including—
	(a)	the nature and extent of any benefit that may accrue to the person, to the public or to any section of the public from the provision of the assistance or of any detriment that may be suffered by the person, by the public or by any section of the public if the assistance is not provided; and
	(b)	in the case of assistance in relation to a proceeding in a court or before a tribunal—whether the proceeding is likely to terminate in a manner favourable to the person.
(4) 	Legal assistance shall not be provided under this Act to a person who is not ordinarily resident in the Territory unless the assistance relates to—
	(a)	a proceeding in a court, or before a tribunal, in the Territory; or
	(b)	a matter arising under the law in force in the Territory.
(5) 	Legal assistance shall not be provided under this Act to a person in or in connection with a review by a Review Committee under Part VI.
(6) 	Legal assistance may be provided under this Act to a body corporate in special circumstances determined by the Commission, but not otherwise.
28A. 	Legal assistance under the Convention
(1) 	Where—
	(a)	a person makes an application for legal assistance for the purpose of securing the recognition or enforcement of a decision given in proceedings in a Contracting State within the meaning of the Convention; and
	(b)	a Legal Aid Committee, the Chief Executive Officer or another officer of the Commission authorised under section 26 is satisfied that in accordance with Article 1 of the Convention, the person has received legal aid for those proceedings;
the person is entitled to the provision of legal assistance.
(2) 	In this section, “the Convention” means the Convention on International Access to Justice adopted by the Fourteenth Session of the Hague Conference on Private International Law and signed at the Hague on 25 October 1980.
29. 	Legal assistance—interests adverse to the Territory
	Legal assistance may be provided under this Act (including legal assistance provided by making available the services of officers of the Commission) to a person in relation to any proceeding or matter notwithstanding that the interests of that person are, or may be, adverse to the interests of the Territory, the interests of an authority or body established for a public purpose by or under a law of the Territory or the interests of an incorporated company in which the Territory or such an authority or body has an interest.
30. 	Legal advice and duty lawyer services
(1) 	Legal assistance provided under this Act, being legal assistance consisting of—
	(a)	legal advice, other than legal advice mentioned in subsection 25 (4); or
	(b)	the provision of duty lawyer services,
shall, subject to subsection (2), be provided without charge.
(2) 	In special circumstances determined by the Commission, legal assistance to which subsection (1) applies may be provided subject to a condition that the person to whom the legal assistance is to be provided pays to the Commission a fixed charge determined by the Commission.
(3) 	In special circumstances determined by the Commission, legal assistance mentioned in subsection (1) shall not be provided to a person.
31. 	Contribution towards costs and expenses
(1) 	The granting under this Act of an application by a person for legal assistance, other than legal assistance to which subsection 30 (1) applies, may be on the basis that the assistance will be provided without charge or may be subject to all or any of the following conditions:
	(a)	a condition that the person pays to the Commission a contribution of a specified amount towards the cost to the Commission of providing the assistance;
	(b)	a condition that the person makes a payment or payments to the Commission in respect of any out-of-pocket expenses incurred, or to be incurred, by the Commission in providing the assistance;
	(c)	a condition that the payment of an amount required to be paid by the person under this subsection, together with interest, be secured by a charge under section 31A on land of the person.
(2) 	An amount required to be paid by a legally assisted person under this section shall be paid in such manner as the Commission directs.
(2A) 	A direction under subsection (2) may require that an amount be paid to the Commission by the legally assisted person’s private legal practitioner out of moneys recoverable on behalf of the person.
(3) 	If a person who is or has been a legally assisted person has not paid an amount payable by him or her to the Commission under this section, the amount is recoverable by the Commission by action in a court of competent jurisdiction as a debt due and payable to the Commission.
(4) 	Where—
	(a)	the Commission has directed that an amount be paid by the legally assisted person’s private legal practitioner to the Commission out of moneys recoverable by the practitioner on behalf of the person;
	(b)	the Commission has notified the practitioner of its direction; and
	(c)	the practitioner recovers an amount on behalf of the legally assisted person;
the practitioner shall pay to the Commission—
	(d)	if the amount recovered is less than the amount referred to in paragraph (a)—an amount equal to the amount recovered; or
	(e)	in any other case—an amount equal to the amount referred to in paragraph (a).
(5) 	An amount payable by a private legal practitioner under subsection (4) is a debt due and payable to the Commission by the practitioner and recoverable in a court of competent jurisdiction.
(6) 	An amount paid by or recovered from a legally assisted person’s private legal practitioner under this section shall be taken, for the purposes of subsection (3), to have been paid by the legally assisted person.
31A. 	Security for payment of contribution
(1) 	Where the provision of legal assistance is subject to the condition referred to in paragraph 31 (1) (c), the Chief Executive Officer may lodge with the Registrar-General for registration a notice specifying the land to be charged and certifying that an amount is payable by the proprietor of the land to the Commission under this Act.
(2) 	An amount payable to the Commission by a person in respect of whose land a notice under subsection (1) has been registered is a charge on the land.
(3) 	The Registrar-General shall register a notice under subsection (1).
(4) 	The Chief Executive Officer shall notify the assisted person in writing of the lodgment of a notice under subsection (1).
(5) 	Subsection 48 (2) of the Land Titles Act 1925 does not apply to a notice under subsection (1).
(6) 	Subject to subsection (7), the Commission has the same power of sale over the land charged as a mortgagee who, under section 94 of the Land Titles Act 1925, is entitled to sell the estate and interest of the mortgagor.
(7) 	The Commission may not exercise its power of sale under subsection (6) unless—
	(a)	where the Commission has issued a direction under subsection 31 (2)—the legally assisted person is in breach of that direction;
	(b)	at least 1 year before exercising the power the Commission has served on the legally assisted person a notice that—
	(i)	states the amount then due to the Commission by the person;
	(ii)	demands payment of the amount payable to the Commission by the person; and
	(iii)	states that, unless that amount, together with interest until the day of payment, is paid, the Commission may exercise its power of sale under the charge at the expiration of the period of 12 months after the date of service of the notice; and
	(c)	at least 2 months before exercising the power the Commission has served on the legally assisted person and every other person who appears to have an interest in the land a notice that states—
	(i)	the amount then due to the Commission by the legally assisted person; and
	(ii)	that, unless that amount together with interest is paid within the period of 2 months after the date of service of the notice, the Commission may exercise its power of sale.
(8) 	Where—
	(a)	an amount equal to the amount secured by a charge under this section is paid;
	(b)	the Commission has exercised its power of sale under subsection (6); or
	(c)	the Commission determines that the charge is no longer required;
the Chief Executive Officer shall lodge with the Registrar-General a notice discharging the land from any amount due to the Commission and notify the legally assisted person that he or she has done so.
(9) 	Upon the lodgment of a notice under subsection (8) the Registrar-General shall make an entry in the Register noting that the land is discharged.
(10) 	In this section “land” and “proprietor” have the same respective meanings as they have in the Land Titles Act 1925.
32. 	Arranging for services of private legal practitioners
(1) 	For the purpose of facilitating the making of arrangements for the services of private legal practitioners to be made available to legally assisted persons, the Commission shall cause to be prepared and maintained, and to be made available to Legal Aid Committees, a list of private legal practitioners who have notified the Commission that they are willing to act as barristers or solicitors on behalf of legally assisted persons, whether generally, in particular classes of matters or in particular courts or before particular tribunals.
(2) 	Subject to this section, the Commission may—
	(a)	refuse to include in the list maintained under subsection (1) the name of a private legal practitioner who has notified the Commission that he or she is willing to act as a barrister or solicitor on behalf of legally assisted persons;
	(b)	remove the name of a private legal practitioner from the list maintained under that subsection; 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 that private legal practitioner will be sought by the Commission for the purposes of this Act.
(3) 	The Commission shall not refuse to include the name of a private legal practitioner in the list maintained under subsection (1), remove the name of a private legal practitioner from that list or include in that list limitations as to the classes of matters in which the services of a private legal practitioner will be sought by the Commission for the purposes of this Act, unless the Commission has—
	(a)	given written notice to the private legal practitioner setting out the reasons for the proposed refusal, removal or limitation; and
	(b)	afforded the private legal practitioner a reasonable opportunity to be heard in relation to the proposed refusal, removal or limitation.
(7) 	In selecting a private legal practitioner whose services are to be sought to be made available to a legally assisted person in a particular case, the paramount considerations shall be the interests of the legally assisted person and any choice expressed by him or her for the services of a particular private legal practitioner but, subject to those considerations, work shall be allocated among the private legal practitioners whose names are on the list maintained under subsection (1) in a manner that is equitable having regard to the nature of their legal practices and their expertise in particular fields of law.
(8) 	In determining the fees to be offered to private legal practitioners for the performance of services on behalf of legally assisted persons, the Commission shall consult the Council of the Law Society and the Council of the Bar Association and shall take into account the views of those bodies.
(9) 	Subject to subsection (8), the fees to be offered to private legal practitioners for the performance of services on behalf of legally assisted persons shall, so far as practicable, consist of fixed amounts in respect of the performance of particular services.
(10) 	The fees to be offered to private legal practitioners for the performance of legal services under this Act shall be less than the ordinary professional cost of those services.
(11) 	The Chief Executive Officer may, in such classes of cases as the Commission determines, refer to a Legal Aid Committee any accounts from private legal practitioners in respect of fees, disbursements (including barristers’ fees) or out-of-pocket expenses in connection with the provision of legal assistance for the purpose of determining whether the amounts claimed are properly payable.
(12) 	The Commission shall maintain a record containing particulars of the number and type of matters dealt with by specified private legal practitioners under this Act and shall make the record available for inspection on request by the Law Society or Bar Association.
32A. 	Prohibition of additional payments to private practitioners
	Where a private legal practitioner performs, or has performed, legal services on behalf of a legally assisted person he or she shall not demand, take or accept payment for performing the services in respect of which the legally assisted person is receiving, or has received, legal assistance under this Act other than the payment or payments to which he or she is entitled under this Act.
33. 	Entitlement of legally assisted persons to costs in proceedings
(1) 	For the purposes of the making or enforcement of any order for costs, or the determination of any entitlement to costs, in a proceeding before a court or tribunal to which a legally assisted person is a party, that person shall be deemed to be liable to pay the ordinary professional costs of the legal services provided to him or her in or in connection with that proceeding and any disbursements (including barristers’ fees) and out-of-pocket expenses incurred in or in connection with the provision of those services.
(2) 	Where an amount is recoverable by a legally assisted person (whether in a proceeding or by virtue of a settlement or compromise) in respect of the matter in which the legal assistance was given, the person is liable to pay to the Commission an amount equal to so much of that amount as the Chief Executive Officer, having regard to guidelines determined by the Commission in pursuance of paragraph 12 (d), determines but the amount so determined shall not exceed the amount by which the sum of—
	(a)	the ordinary professional costs (including solicitor and client costs) of the legal services provided to the person in the proceeding or matter in respect of which legal assistance was provided; and
	(b)	any disbursements (including barristers’ fees) and out-of-pocket expenses incurred in or in connection with the provision of those services;
exceeds any amount, or the sum of any amounts, paid by the person to the Commission under section 31 in relation to the legal assistance.
(3) 	In determining the amount that a legally assisted person is liable to pay under subsection (2), the Chief Executive Officer shall have regard to—
	(a)	the amount actually recovered by the legally assisted person; and
	(b)	any failure by the legally assisted person to take action to recover the amount recoverable, including any failure to comply with a direction of the Chief Executive Officer under subsection (4).
(4) 	The Chief Executive Officer may give directions to a legally assisted person requiring the person to take specified action to recover an amount that is recoverable by the person in respect of the matter in which legal assistance was given.
(5) 	Where an amount is recoverable by a legally assisted person (whether in a proceeding or by virtue of a settlement or compromise) in respect of the matter in which the legal assistance was given, the Chief Executive Officer may, by writing under his or her hand, direct the legally assisted person to assign his or her right to recover the amount to the Commission within 28 days after the day on which the direction is given.
(6) 	Where a legally assisted person fails to comply with a direction under subsection (5) to assign to the Commission his or her right to recover an amount, the legally assisted person shall be deemed to have assigned to the Commission his or her right to recover the amount at the expiration of the period during which any action by way of reconsideration or review may be taken under Part VI in relation to the decision to give the direction.
(6A) 	Subsection (6) does not apply where the decision to give the direction with which the legally assisted person has failed to comply has, under Part VI, been—
	(a)	varied so that the direction is negated; or
	(b)	set aside and replaced with a decision in accordance with which the direction is negated.
(6B) 	Where a right to recover an amount is assigned to the Commission in pursuance of a direction under subsection (5), or is to be deemed to be assigned to the Commission in accordance with subsection (6), the Commission shall, for the purpose of recovering the amount, stand in the place of the legally assisted person and may use the name of the legally assisted person and all remedies which would, but for the assignment or the operation of subsection (6), be available to the legally assisted person in any proceedings to recover the amount.
(7) 	The amount that a person is liable to pay to the Commission under subsection (2) is recoverable by the Commission by action in a court of competent jurisdiction as a debt due and payable to the Commission.
34. 	Payment by Commission of costs awarded against legally assisted persons
(1) 	Where—
	(a)	legal assistance is provided under this Act to a person in relation to a proceeding (other than a cross-proceeding) instituted by that person in a court or before a tribunal; and
	(b)	the court or tribunal makes an order in the proceeding directing the legally assisted person to pay costs incurred by another party to the proceeding,
either the legally assisted person or that other party may request the Commission to pay to that other party on behalf of the legally assisted person an amount representing the whole or a part of the costs that the legally assisted person was so directed to pay.
(2) 	A request under subsection (1) shall be decided, in accordance with guidelines determined by the Commission in pursuance of paragraph 12 (c)—
	(a)	if the question whether legal assistance should be granted in relation to the proceeding was decided by an officer of the Commission—by a statutory officer of the Commission; or
	(b)	if that question was decided by a Legal Aid Committee—by a Legal Aid Committee.
(3) 	Subject to subsection (4), the Commission shall pay so much (if any) of the amount requested to be paid as the statutory officer of the Commission or the Legal Aid Committee, as the case may be, considers just and equitable for the Commission to pay.
(4)	The Commission shall not pay an amount in respect of costs incurred in a proceeding at first instance unless it appears to the Commission that the person who made the request will suffer substantial hardship if that amount is not paid by the Commission.
(5) 	Any amount paid by the Commission under this section shall be deemed to have been paid by the legally assisted person.
35. 	Notification of decisions
(1) 	Where a decision in relation to the provision of legal assistance or in relation to the making of any payment in respect of costs, including a decision reconsidering or reviewing a previous decision, is made by the Commission, an officer of the Commission or a Legal Aid Committee under this Act, the Commission shall, with 14 days after the decision is made, communicate the decision to the person who applied for the legal assistance or for the payment, as the case may be, and, in a case where the decision is a decision refusing to provide, or imposing a condition on the provision of, legal assistance under this Act, the Commission, if requested to do so, shall cause to be furnished to the person a short statement of the reasons for the decision.
(2) 	The communication to a person of a decision referred to in subsection (1), other than a decision in relation only to the provision of legal advice or duty lawyer services, shall be effected—
	(a)	in a case where the matter to which the decision relates was dealt with on behalf of the person by a private legal practitioner—by giving to the private legal practitioner, or by sending to the private legal practitioner by post to the address of the private legal practitioner last known to the Commission, a document setting out the terms of the decision and particulars of the right of the person to have the decision reconsidered and reviewed in accordance with section 36; and
	(b)	in any other case—by giving such a document to the person or by sending such a document to the person—
	(i)	by post to the address of the person last known to the Commission; or
	(ii)	in any other way authorised by the person.
Part VI—Reconsideration And Review Of Decisions
36. 	Reconsideration of a decision
(1) 	Where a decision has been made—
	(a)	refusing to treat an application for legal assistance that does not comply with all the requirements of subsection 25 (1) as having been duly made;
	(b)	refusing to provide legal assistance under this Act;
	(c)	refusing to provide legal assistance under this Act of the nature, or to the extent, applied for;
	(d)	imposing a condition on the provision of legal assistance under this Act or varying adversely to a legally assisted person a condition so imposed;
	(e)	requiring an applicant for legal assistance to pay the expenses incurred by a Legal Aid Committee, or by an officer of the Commission, in making inquiries, or obtaining advice or reports, for the purpose of deciding an application for legal assistance;
	(f)	terminating the provision of legal assistance under this Act;
	(g)	altering the nature or extent of legal assistance provided to a person under this Act;
	(h)	determining, under subsection 33 (2), an amount payable by a legally assisted person;
	(j)	directing a legally assisted person to take specified action to recover an amount that is recoverable by that person in respect of a matter in which legal assistance was given;
	(k)	directing a legally assisted person to assign to the Commission his or her right to recover an amount that is recoverable by him or her in respect of a matter in which legal assistance was given;
	(l)	refusing to pay the whole or part of any amount that the Commission has been requested to pay under section 34; or
	(m)	refusing to allow, under paragraph (4) (b), the period applied for by a person making application for a longer period within which to request the reconsideration or review of a decision to which that paragraph applies,
the legally assisted person, or the person who applied for legal assistance or for the payment, may, by notice in writing to the Commission, request that the decision be reconsidered.
(1A) 	Where a decision has been made under subsection 31 (2) that a legally assisted person’s private legal practitioner be directed to pay to the Commission an amount payable by the legally assisted person, the practitioner may, by notice in writing to the Commission, request that the decision be reconsidered.
(1B) 	Subsection (1A) shall not be taken to limit the operation of subsection (1).
(2) 	Where a notice requesting that a decision be reconsidered is received by the Commission, the decision shall be reconsidered—
	(a)	in a case where the decision was made by the Commission—by the Commission;
	(b)	in a case where the decision was made by a Legal Aid Committee—by such a Committee; or
	(c)	in a case where the decision was made by an officer of the Commission—by an appropriate officer of the Commission in accordance with arrangements made or approved by the Chief Executive Officer,
and may either be confirmed or varied.
(3) 	Where a decision is confirmed or varied following a reconsideration of the decision under subsection (2), the person who requested the reconsideration may, by notice in writing to the Commission, request the Commission to refer the decision, or the decision as varied, as the case may be, to a Review Committee for review and the Commission shall comply with any such request.
(4) 	Subject to subsection (5), a request by a person for reconsideration or review of a decision (being a decision made after the commencement of this subsection) shall be made before the expiration of the period of 28 days after the person received notice of the decision or of the reconsidered decision (as the case may be).
(5) 	Where the Commission is satisfied that the failure to make a request within the period specified in subsection (4) was due to a reasonable cause, it may extend that period by a further period not exceeding 28 days.
(6) 	A person who applies for an extension of the period specified in subsection (4) shall specify the ground on which the application is made.
37. 	Establishment and constitution of Review Committees
(1) 	For the purposes of this Act, there shall be such Review Committees as the Chief Executive Officer establishes in accordance with this Part.
(2) 	A Review Committee shall consist of—
	(a)	a person chosen in accordance with subsection (3);
	(b)	a person chosen in accordance with subsection (4); and
	(c)	a person chosen in accordance with subsection (5).
(3) 	The member of a Review Committee referred to in paragraph (2) (a) shall be a private legal practitioner chosen by the Chief Executive Officer—
	(a)	from a panel of not more than 9 private legal practitioners nominated by the Council of the Bar Association and approved by the Minister; or
	(b)	if that Council fails to nominate such a panel within 30 days after the receipt by the Council of a written request by the Minister to do so—a panel of private legal practitioners chosen by the Minister.
(4) 	The member of a Review Committee referred to in paragraph (2) (b) shall be a private legal practitioner chosen by the Chief Executive Officer—
	(a)	from a panel of not more than 9 private legal practitioners nominated by the Council of the Law Society and approved by the Minister; or
	(b)	if that Council fails to nominate such a panel within 30 days after the receipt by the Council of a written request by the Minister to do so—a panel of private legal practitioners chosen by the Minister.
(5) 	The member of a Review Committee referred to in paragraph (2) (c) shall be a person chosen by the Chief Executive Officer from a panel of not more than 9 persons (not being legal practitioners, members of the Commission or officers of the Commission) chosen by the Minister, each of whom has qualifications or experience relevant to the performance of the function of a Review Committee.
39. 	Function of Review Committee
(1) 	The function of a Review Committee is to review decisions referred to the Committee under subsection 36 (3).
(2) 	In reviewing a decision of a kind specified in paragraphs 36 (1) (b) to (g) (inclusive), or a decision of 1 of those kinds as varied under subsection 36 (2), a Review Committee shall have regard to the amount of the funds available to the Commission for the provision of legal assistance, the nature and extent of the legal assistance that has been provided from those funds and the nature and extent of the legal assistance that the Commission is likely to be requested to provide in the future.
39A. 	Chief Executive Officer and person requesting review to have opportunity to be heard
	A Review Committee that reviews a decision referred to it under subsection 36 (3) shall not make a decision on the review unless it has afforded to the Chief Executive Officer or another officer of the Commission nominated by the Chief Executive Officer, and to the person who requested the review, a reasonable opportunity—
	(a)	to attend a meeting of the Review Committee;
	(b)	to address the Review Committee in relation to the review; and
	(c)	to place before the Committee any document relevant to the review.
39B. 	Power of Review Committees to obtain information and documents
	A Review Committee may request the Chief Executive Officer or another officer of the Commission to—
	(a)	furnish to the Committee any information known to him or her, or to which he or she has access, that relates to a decision being reviewed by the Committee;
	(b)	produce to the Committee any document in his or her custody or control that relates to a decision being reviewed by the Committee; or
	(c)	furnish to the Committee any information relating to the amount of the funds available to the Commission for the provision of legal assistance, the nature and extent of the legal assistance that has been provided from those funds and the nature and extent of the legal assistance that the Commission is likely to be requested to provide in the future,
and the Chief Executive Officer, or the officer, as the case may be, shall provide the information or produce the documents requested.
40. 	Decision of Review Committee
(1) 	A Review Committee that reviews a decision of the Commission, an officer of the Commission or a Legal Aid Committee referred to it under subsection 36 (3) (in this section referred to as a “primary decision”) shall give a decision in writing—
	(a)	confirming the primary decision;
	(b)	varying the primary decision; or
	(c)	setting aside the primary decision and making a decision in substitution for the primary decision.
(2) 	A primary decision as varied by a Review Committee, or a decision made by a Review Committee in substitution for a primary decision, shall, for the purposes of this Act (other than subsection 36 (3)), be deemed to be a decision made by the person who, or the body which, made the primary decision.
(3) 	A Review Committee shall cause a copy of its decision to be sent to the person who requested the review and to the Commission.
(4) 	A Review Committee shall, if requested to do so by the person who requested the review, cause a short statement in writing of the reasons for the decision to be sent to the person.
(5) 	The decision of a Review Committee shall be final and conclusive.
40A. 	Cessation of Committee
	Except for the purpose of complying with a request under subsection 40 (4), a Review Committee ceases to exist upon complying with subsection 40 (3) in respect of each decision referred to it.
Part VII—Finances of Commission
41. 	Establishment of Fund
(1) 	There is established by this section a fund to be known as the Legal Aid Fund. 
(2) 	Subject to subsection (4), the Fund shall consist of—
	(a)	moneys paid to, or recovered by, the Commission under this Act (other than moneys received or held by the Commission upon trust);
	(b)	moneys paid to the Commission out of a Statutory Interest Account;
	(c)	moneys paid to the Commission, being moneys appropriated by the Legislative Assembly for the purposes of the Commission;
	(d)	any other moneys paid to the Commission for the purpose of the provision of legal assistance or otherwise for the purposes of the Fund; and
	(e)	income derived from the investment of moneys forming part of the Fund.
(3) 	The Fund shall be controlled and administered by the Commission.
(4) 	Moneys paid to the Commission, being moneys appropriated by the Legislative Assembly for the purpose of the provision of financial assistance to voluntary legal assistance organisations, do not form part of the Fund.
42. 	Banking accounts
(1) 	The Commission may open and maintain an account or accounts with an approved financial institution or approved financial institutions in the Territory and shall maintain at all times at least 1 such account.
(2) 	The Commission shall pay all moneys received by it into an account referred to in this section.
(3) 	Payment of moneys (other than moneys received or held by the Commission upon trust and moneys referred to in subsection 41 (4)) into an account referred to in this section shall be deemed to be payment of those moneys into the Fund.
(4) 	The Commission shall ensure that any moneys received or held by the Commission upon trust are paid into an account that does not, or accounts that do not, contain any moneys of the Commission not held upon trust.
(4A) 	The Commission shall ensure that moneys referred to in subsection 41 (4) are paid into an account that does not, or accounts that do not, contain moneys of the Commission other than moneys referred to in that subsection.
(5) 	In this section—
“approved financial institution” means the Reserve Bank of Australia or another financial institution approved by the Minister.
43. 	Application of Fund
(1) 	Moneys in the Fund shall be applied only—
	(a)	in the discharge of obligations and liabilities of the Commission arising under this Act; and
	(b)	in the payment of remuneration and allowances payable under this Act.
(1A) 	Moneys in the Fund derived from the following sources shall not be applied otherwise than for the purposes of providing legal assistance in Territory matters:
	(a)	moneys appropriated by the Legislative Assembly for the purposes of providing legal assistance in Territory matters;
	(b)	moneys paid to the Commission under section 31 in relation to Territory matters for which legal assistance was partly funded under this Act;
	(c)	moneys paid to the Commission under subsection 33 (2) in relation to Territory matters for which legal assistance was provided under this Act;
	(d)	moneys paid to the Commission out of a Statutory Interest Account for the provision of legal assistance under this Act;
	(e)	any other moneys paid to the Commission for the purposes of providing legal assistance in Territory matters;
	(f)	income derived from the investment of moneys referred to in paragraphs (a) to (e) (inclusive).
(2) 	Moneys standing to the credit of the Fund may be invested by the Commission in any manner in which trust funds may, for the time being, be invested under the Trustee Act 1957, but not otherwise.
44. 	Limitation on contracts
	The Commission shall not, except with the approval of the Minister, enter into a contract involving the payment or receipt of an amount exceeding $100,000 or, if a higher amount is prescribed, that higher amount.
45. 	Estimates of expenditure
(1) 	The Commission shall prepare estimates, in such form as the Minister directs, of receipts and expenditure of the Commission for each financial year and, if the Minister so directs, for any other period specified by the Minister, and shall submit estimates so prepared to the Minister not later than such date as the Minister directs.
(2) 	Moneys of the Commission (other than moneys held by the Commission upon trust) shall not be expended otherwise than in accordance with estimates of expenditure approved by the Minister.
46. 	Proper accounts to be kept by Commission
	The Commission shall cause to be kept proper accounts and records of the transactions and affairs of the Commission (including transactions and affairs relating to moneys held by the Commission upon trust) and shall do all things necessary to ensure that all payments out of the Fund or out of moneys held by the Commission upon trust are correctly made and properly authorised and that adequate control is maintained over the assets of, or in the custody of, the Commission and over the incurring of liabilities by the Commission.
47. 	Audit
(1) 	The Auditor-General shall inspect and audit the accounts and records of the financial transactions of the Commission and the records relating to the assets of, or in the custody of, the Commission and shall draw the attention of the Minister to any irregularity disclosed by the inspection and audit that is, in the opinion of the Auditor-General, of sufficient importance to justify his or her doing so.
(2) 	The Auditor-General may, at his or her discretion, dispense with all or any part of the detailed inspection and audit of any accounts or records referred to in subsection (1).
(3) 	The Auditor-General shall, at least once in each year, report to the Minister the results of the inspection and audit carried out under subsection (1).
(4) 	In this section—
	(a)	a reference to financial transactions includes a reference to financial transactions involving or related to money or property held on trust; and
	(b)	a reference to assets includes a reference to property held on trust.
Part VIII—Administrative Provisions Relating To Commission
Division 1—Commissioners
48. 	Tenure of office
(1) 	Subject to this Division, a Commissioner other than the Chief Executive Officer holds office for such period, not exceeding—
	(a)	in the case of the President of the Commission—5 years; or
	(b)	in the case of a Commissioner other than the President—3 years,
as is specified in the instrument of his or her appointment, but is eligible for re-appointment.
50. 	Qualifications for appointment
(1) 	A person is not eligible for appointment as the President of the Commission unless—
	(a)	he or she is or has been a Judge; or
	(b)	he or she is a legal practitioner and has been for not less than 5 years.
(2) 	A person is not eligible for appointment as a Commissioner referred to in paragraph 7 (1) (f) if he or she is a legal practitioner.
(3) 	A person is not eligible for appointment as a Commissioner referred to in paragraph 7 (1) (g) where, if he or she were so appointed, each of the Commissioners referred to in that paragraph would be a person who is a legal practitioner.
51. 	Resignation
	A Commissioner other than the Chief Executive Officer may resign his or her office by writing under his or her hand delivered to the Minister.
52. 	Removal from office
(1) 	The Minister may remove a Commissioner other than the Chief Executive Officer from office for misbehaviour or physical or mental incapacity.
(2) 	If a Commissioner other than the Chief Executive Officer—
	(a)	becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit;
	(b)	is absent, except by leave of the Minister, from 3 consecutive meetings of the Commission; or
	(c)	fails to comply with his or her obligations under section 55,
the Minister shall remove him or her from office.
(4) 	Subsection (2) does not apply to a Commissioner if he or she is a Judge but, if a Commissioner being a Judge ceases to be a Judge, the Minister may terminate his or her appointment.
53. 	Acting President of the Commission
(1) 	The Minister, after consultation with the Commission, may appoint a person who is eligible for appointment as President of the Commission to act in the office of President—
	(a)	during a vacancy in the office, whether or not an appointment has previously been made to the office; or
	(b)	during any period, or during all periods, when the President is, or is expected to be, absent from duty or from Australia or is, for any reason, unable to perform the duties of his or her office,
but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.
(2) 	A person acting in the office of President of the Commission holds office on such terms and conditions as the Minister determines.
(3) 	The Minister may at any time terminate an appointment under this section.
(4) 	Where a person is acting in the office of President of the Commission in accordance with paragraph (1) (b) and the office becomes vacant while that person is so acting, that person may continue so to act until the Minister otherwise directs, the vacancy is filled or a period of 12 months elapses from the occurrence of the vacancy, whichever first happens.
(5) 	A person appointed to act in the office of President of the Commission may resign his or her appointment by writing under his or her hand delivered to the Minister.
(6) 	The validity of anything done by a person acting in the office of President of the Commission shall not be called in question on the ground that the occasion for his or her appointment had not arisen or that the appointment had ceased to have effect or that the occasion for him or her to act had not arisen or had ceased.
54. 	Meetings
(1)	The Commission shall hold such meetings as are necessary for the performance of its functions.
(2) 	The President of the Commission may at any time convene a meeting of the Commission.
(3) 	The President of the Commission, on receipt of a request in writing signed by 3 Commissioners, shall convene a meeting of the Commission.
(4) 	At a meeting of the Commission, 4 Commissioners constitute a quorum.
(5) 	The President of the Commission shall preside at all meetings of the Commission at which he or she is present. 
(6) 	If the President of the Commission is not present at a meeting of the Commission, the Commissioners present shall elect 1 of their number to preside at that meeting and the person so elected shall preside accordingly.
(7) 	Questions arising at a meeting of the Commission shall be determined by a majority of the votes of the Commissioners present and voting.
(8) 	The Commissioner presiding at a meeting of the Commission has a deliberative vote and, in the event of an equality of votes, also has a casting vote.
(9) 	The Commission may regulate the conduct of proceedings at its meetings as it thinks fit and shall keep minutes of those proceedings.
(10) 	If there is a person acting in the office of President of the Commission—
	(a)	a reference in this section to the President of the Commission shall be read as a reference to the person so acting; and
	(b)	a reference in this section to a Commissioner shall be read as including a reference to the person so acting.
55. 	Interests to be disclosed
(1) 	A Commissioner who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Commission, otherwise than as a member of, and in common with the other members of, an incorporated company which consists of more than 25 persons and of which he or she is not a director, shall, as soon as possible after the relevant facts have come to his or her knowledge, disclose the nature of his or her interest at a meeting of the Commission.
(2) 	A disclosure under subsection (1) shall be recorded in the minutes of the meeting of the Commission and the Commissioner shall not be present during any deliberation of the Commission with respect to that matter.
(3) 	In this section a reference to a Commissioner shall, if there is a person acting in the office of President of the Commission, be read as including a reference to the person so acting.
Division 2—Officers of Commission
56. 	Conditions of appointment
(1) 	A statutory officer of the Commission holds office for such period, not exceeding 7 years, as is specified in the instrument of his or her appointment, but is eligible for re-appointment.
(3) 	A statutory officer of the Commission holds office on such terms and conditions in respect of matters not provided for by this Act as are determined by the Commission with the approval of the Minister.
58. 	Leave of absence
(1) 	The Commission may grant leave of absence to a statutory officer of the Commission.
(2) 	The Commission may delegate to the President its power to grant leave to the Chief Executive Officer.
(3) 	The Commission may delegate to the Chief Executive Officer its power to grant leave to an Assistant Executive Officer.
(4) 	Leave of absence under this section shall be granted on such terms and conditions as the Commission determines. 
59. 	Resignation 
	A statutory officer of the Commission may resign his or her office by writing under his or her hand delivered to the Commission.
60. 	Removal from office
(1) 	The Commission may remove a statutory officer of the Commission from office for—
	(a)	misbehaviour or physical or mental incapacity; or
	(b)	inefficiency or incompetence.
(2) 	If a statutory officer of the Commission—
	(a)	becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; or 
	(b)	is absent from duty, except on leave granted by the Commission, for 14 consecutive days, or for 28 days in any period of 12 months,
the Commission shall remove him or her from office.
(3) 	Where a decision is made under subsection (1) to remove a statutory officer of the Commission from office, the Commission shall cause notice of the decision, stating the reasons for the decision, to be given to a person whose interests are affected by the decision.
(4) 	A notice under subsection (3) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.
60A. 	Review of decision to remove from office
	Application may be made to the Administrative Appeals Tribunal for review of a decision of the Commission under subsection 60 (1).
61. 	Outside employment
	Except in the performance of the duties of his or her office or with the approval of the Commission, a statutory officer of the Commission shall not engage in practice as a legal practitioner or engage in paid employment.
62. 	Acting appointments
(1) 	The Commission may appoint a person who is eligible for appointment as a statutory officer of the Commission to act in the office of, or to act as, a statutory officer of the Commission—
	(a)	during a vacancy in the office, whether or not an appointment has previously been made to the office; or
	(b)	during any period, or during all periods, when the statutory officer of the Commission is, or is expected to be, absent from duty or from Australia or is, for any reason, unable to perform the duties of his or her office;
but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.
(2) 	The Commission may delegate to the President its power to appoint a person to act in the office of Chief Executive Officer.
(3) 	The Commission may delegate to the Chief Executive Officer its power to appoint a person to act as an Assistant Executive Officer.
(7) 	The validity of anything done by a person acting in the office of a statutory officer of the Commission shall not be called in question on the ground that the occasion for his or her appointment had not arisen or that the appointment had ceased to have effect or that the occasion for him or her to act had not arisen or had ceased.
68. 	Terms and conditions generally
	The terms and conditions of employment of members of the staff of the Commission are, subject to this Act, such as are from time to time determined by the Commission with the approval of the Head of Administration.
68A. 	Personnel management
(1) 	The Commission’s powers in relation to employment matters shall be exercised—
	(a)	without patronage, favouritism or unjustified discrimination; and
	(b)	with regard to the equal employment opportunity program for the Commission.
(2) 	Without limiting the generality of paragraph (1) (a), and subject to paragraph (1) (b), the Commission’s powers in relation to employment matters shall be exercised in accordance with procedures that ensure that where a person is to be selected for engagement for a period exceeding 3 months, or for advancement, by the Commission—
	(a)	all persons who are eligible have, so far as practicable, a reasonable opportunity to apply for selection; and
	(b)	the selection is made on the basis of an assessment of the relative suitability of the applicants having regard to—
	(i)	the nature of the duties to be performed; and
	(ii)	the abilities, qualifications, experience, personal qualities and potential for development of each applicant that are relevant to the performance of the duties.
(3) 	A reference in this section to the exercise of a power shall be read as including a reference to the making of a report or recommendation in relation to the exercise of that power.
(4) 	For the purposes of paragraph (1) (b), the Commission shall, after consulting with each relevant staff organisation and such other persons as the Commission considers appropriate—
	(a)	develop an equal employment opportunity program for the Commission; and
	(b)	from time to time, review that program.
(5) 	The Commission shall comply with paragraph (4) (a) as soon as practicable and, in any event, within 12 months after the commencement of this section.
(6) 	As soon as practicable after the development or review of the equal employment opportunity program, the Commission shall provide the Head of Administration with written particulars of the program.
(7) 	The Head of Administration may, from time to time, by notice in writing given to the Commission, issue guidelines to the Commission on the provisions to be made by the equal employment opportunity program, and on the development, implementation or review of the program.
(8) 	The Commission shall take any action necessary to give effect to the equal employment opportunity program and to comply with any guidelines issued under subsection (7).
(9) 	The Commission shall furnish to the Minister a written report relating to the operation of this section during each financial year.
(10) 	In this section—
“advancement” means movement within the Commission resulting in an employee undertaking work, and being remunerated, at a higher level than previously;
“designated group” means any of the following classes of persons:
	(a)	members of the Aboriginal race of Australia or persons who are descendants of indigenous inhabitants of the Torres Strait Islands;
	(b)	persons who have migrated to Australia and whose first language is a language other than English, and the children of such persons;
	(c)	persons with physical or mental disabilities;
	(d)	any other class of persons declared by the regulations to be a designated group for the purposes of this definition;
“employment” means—
	(a)	appointment as a statutory officer of the Commission under section 17; or
	(b)	employment as a member of the staff of the Commission under section 20;
“employment matter”, in relation to the Commission, means—
	(a)	the selection of persons by the Commission for engagement  and advancement;
	(b)	the transfer of employees of the Commission;
	(c)	training and staff development for employees of the Commission;
	(d)	the conditions of service of employees of the Commission; or
	(e)	any other matter related to the employment of persons by the Commission;
“equal employment opportunity program”, in relation to the Commission, means a program designed to ensure that—
	(a)	appropriate action is taken to eliminate unjustified discrimination against women and persons in designated groups in relation to employment matters; and
	(b)	measures are taken to enable employees who are women or persons in designated groups—
	(i)	to compete for engagement, transfer or advancement; and
	(ii)	to pursue careers;
as effectively as other persons and to have equal opportunities with others in relation to other employment matters;
“relevant staff organisation” means an organisation—
	(a)	within the meaning of the Industrial Relations Act 1988 of the Commonwealth;
	(b)	in which persons employed by the Commission would be eligible for membership; and
	(c)	that is a party to an industrial award that applies in relation to the salary payable in respect of that employment;
“unjustified discrimination” includes—
	(a)	discrimination that is unlawful under the Discrimination Act 1991; and
	(b)	unjustified discrimination on the ground of age or social origin;
but does not include—
	(c)	discrimination that is essential for the effective performance of the relevant duties, is not unlawful under the Discrimination Act 1991 and is prescribed; or
	(d)	discrimination that is not unlawful under the Discrimination Act 1991 and is in accordance with the equal employment opportunity program for the Commission or with a prescribed program.
69. 	Application of Legal Practitioners Act to officers of the Commission
	The following provisions of the Legal Practitioners Act 1970 do not apply in relation to an officer of the Commission in his or her official capacity:
	(a)	Part IX;
	(b)	Division 7 of Part XI;
	(c)	Parts XII, XIII, XIV and XV.
Part IX—Administrative Provisions Relating to Legal Aid Committees
70. 	Tenure of office
	A member of a Legal Aid Committee other than the Chief Executive Officer holds office, subject to this Part, for a period of 1 year, but is eligible for re-appointment.
71. 	Senior member etc. of Committee
(1) 	The members of a Legal Aid Committee shall elect 1 of their number to be the senior member of the Committee.
(2) 	The members of a Legal Aid Committee shall elect 1 of their number (not being the member elected as senior member) to preside at meetings of the Committee at which the senior member is not present.
72. 	Resignation
	A member of a Legal Aid Committee other than the Chief Executive Officer may resign his or her office by writing under his or her hand delivered to the Commission.
73. 	Removal from office
(1) 	The Commission may remove a member of a Legal Aid Committee other than the Chief Executive Officer from office for misbehaviour or physical or mental incapacity.
(2) 	If a member of a Legal Aid Committee other than the Chief Executive Officer—
	(a)	becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors or compounds with his or her creditors;
	(b)	is absent, except by leave of the Commission, from 3 consecutive meetings of the Committee; or
	(c)	fails to comply with his or her obligations under section 75,
the Commission shall remove him or her from office.
74. 	Meetings of Committee
(1) 	A Legal Aid Committee shall hold such meetings as are necessary for the performance of its functions.
(2) 	The senior member of a Legal Aid Committee or the member of a Legal Aid Committee elected under subsection 71 (2) may at any time convene a meeting of the Committee.
(3) 	At a meeting of a Legal Aid Committee, 3 members of the Committee constitute a quorum.
(4) 	The senior member of a Legal Aid Committee shall preside at all meetings of the Committee at which he or she is present.
(5) 	If the senior member of a Legal Aid Committee is not present at a meeting of the Committee, the member elected under subsection 71 (2) shall preside.
(6) 	Questions arising at a meeting of a Legal Aid Committee shall be determined by a majority of the votes of members of the Committee present and voting.
(7) 	The member of a Legal Aid Committee presiding at a meeting of the Committee has a deliberative vote and, in the event of an equality of votes, also has a casting vote.
(8) 	A Legal Aid Committee may regulate the conduct of proceedings at its meetings as it thinks fit and shall keep minutes of those proceedings.
75. 	Interests to be disclosed
(1) 	A member of a Legal Aid Committee who has a direct or indirect pecuniary interest in a matter considered or about to be considered by the Committee, otherwise than as a member of, and in common with the other members of, an incorporated company which consists of more than 25 persons and of which he or she is not a director, shall as soon as possible after the relevant facts have come to his or her knowledge, disclose the nature of his or her interest at a meeting of the Committee.
(2) 	A disclosure under subsection (1) shall be recorded in the minutes of the meeting of the Committee and the member shall not be present during any deliberation of the Committee with respect to that matter.
Part X—Administrative Provisions Relating to Review Committees
76. 	Membership of panel
(1) 	A member of a panel referred to in section 37 holds membership for such period not exceeding 3 years as the Minister determines in writing and, subject to section 37, is eligible to be chosen as a member of a successive panel.
77. 	Resignation from panel
	A member of a panel referred to in section 37 may resign by writing delivered to the Minister.
78. 	Removal from panel
(1) 	The Minister may remove a person from a panel referred to in section 37 for misbehaviour or physical or mental incapacity.
(2) 	If a member of a panel—
	(a)	becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors or compounds with his or her creditors;
	(b)	on 3 consecutive occasions, without giving prior advice to the Chief Executive Officer, fails to attend a meeting of a Review Committee of which he or she is a member; or
	(c)	fails to comply with section 81;
the Minister shall remove him or her from the panel.
79. 	Allowances
	Members of a Review Committee shall be paid such allowances for expenses in respect of the performance of their duties as are prescribed.
80. 	Meetings of Review Committee
(1) 	A Review Committee shall hold such meetings as are necessary for the performance of its function.
(2) 	Meetings of a Review Committee shall be convened by the Chief Executive Officer.
(3) 	At the first meeting of a Review Committee the members present shall elect 1 of their number to preside at meetings of the Committee.
(4) 	If, at a meeting of a Review Committee, the presiding member is not in attendance, the members present shall appoint 1 of their number to preside at that meeting.
(5) 	Questions arising at a meeting of a Review Committee shall be determined by a majority of the votes of members of the Review Committee present and voting.
(6)	The member of a Review Committee presiding at a meeting of the Review Committee has a deliberative vote and, in the event of an equality of votes, also has a casting vote.
(7) 	A Review Committee may regulate the conduct of proceedings at its meetings as it thinks fit and shall keep minutes of those proceedings.
(8) 	At a meeting of a Review Committee a member chosen under paragraph 37 (2) (c) and another member constitute a quorum.
81. 	Interests to be disclosed
(1) 	A member of a Review Committee who has a direct or indirect pecuniary interest in a matter considered or about to be considered by the Review Committee, otherwise than as a member of, and in common with the other members of, an incorporated company which consists of more than 25 persons and of which he or she is not a director, shall, as soon as possible after the relevant facts have come to his or her knowledge, disclose the nature of his or her interest at a meeting of the Review Committee.
(2) 	A disclosure under subsection (1) shall be recorded in the minutes of the meeting of the Review Committee and the member shall not be present during any deliberation of the Review Committee with respect to that matter.
(3) 	A member of a Review Committee who made, or participated in the making of, a decision that is to be reviewed by the Review Committee shall not be present during any deliberation of the Review Committee with respect to that decision.
Part XI—Consultative Committees
82. 	Establishment of consultative committees
(1) 	The Minister may establish such consultative committees as he or she thinks desirable to assist the Commission in the performance of its functions.
(2) 	In deciding whether to establish a consultative committee to assist the Commission to perform its functions in a particular locality, the Minister shall take into account any representations received from any local community organisation or from persons living, or carrying on a business, profession or trade, in that locality.
83. 	Constitution of consultative committees
(1) 	Each consultative committee shall consist of—
	(a)	a person who is a member of the Law Society or a member of the Bar Association;
	(b)	an officer of the Commission; and
	(c)	such other persons as the Minister considers appropriate.
(2) 	In selecting persons to be appointed as members of a consultative committee to assist the Commission to perform its functions in a particular locality, the Minister shall have regard to the desirability of selecting persons living, or carrying on a business, profession or trade, in that locality.
(3) 	Members of a consultative committee shall be appointed by the Minister and, subject to subsection (4), shall hold office for a period of 1 year, but are eligible for re-appointment.
(4) 	A member of a consultative committee may resign his or her office by writing under his or her hand delivered to the Minister.
84. 	General provisions relating to consultative committees
(1) 	The regulations may make provision for and in relation to—
	(a)	the convening of meetings of consultative committees; and
	(b)	the procedure (including provision with respect to quorums and voting) to be followed at such meetings.
(2) 	Members of consultative committees shall be paid such allowances for expenses in respect of the performance of their duties as are prescribed.
Part XIA—Inquiry Relating to Affairs of Commission
84A. 	Interpretation
	In this Part, unless the contrary intention appears—
“assistant” means a person approved under section 84C;
“inquiry” means an inquiry conducted by a prescribed person in pursuance of an appointment made or to be deemed to have been made under this Part;
“prescribed matter” means any matter relating to—
	(a)	the operations and affairs of the Commission;
	(b)	the exercise of a power or the performance of a duty or its functions by the Commission under this Act; or
	(c)	the exercise of a power or the performance of a duty or function by any person under this Act;
“prescribed person” means a person appointed under section 84B.
84B. 	Appointment of person to conduct inquiry
(1) 	The Commission, with the approval of the Minister, may, by instrument in writing, appoint a person to inquire into and report on such of the prescribed matters as are specified in the instrument.
(2) 	The Minister may, by instrument in writing, appoint a person to inquire into and report on such of the prescribed matters as are specified in the instrument.
(3) 	A report under this section shall be made—
	(a)	if the appointment of the prescribed person was made by the Commission—to the Commission and the Minister; and
	(b)	if the appointment of the prescribed person was made by the Minister—to the Minister.
84C. 	Assistants
	For the purpose of conducting an inquiry, the prescribed person may be assisted by such persons as the Minister approves.
84D. 	Access to documents etc.
(1) 	For the purpose of conducting an inquiry, the prescribed person or an assistant is entitled at all reasonable times to full and free access to all accounts, records, documents and papers of or held by the Commission.
(2) 	The prescribed person or an assistant may make and retain copies of, or take extracts from, any accounts, records, documents or papers referred to in subsection (1).
(3) 	The prescribed person or an assistant may require any person to furnish him or her with such information in the possession of the person or to which the person has access as the prescribed person or assistant considers necessary for the effective conduct of the inquiry.
(4) 	A person who refuses or fails to comply with a requirement made of him or her under subsection (3) is guilty of an offence and is punishable, upon conviction, by a fine not exceeding—
	(a)	if the offender is a natural person—50 penalty units; or
	(b)	if the offender is a body corporate—250 penalty units.
84E. 	Professional privilege
(1) 	Section 13 shall not be taken to preclude an officer of the Commission from complying with a requirement made of him or her under subsection 84D (3).
(2) 	Where, in the course of an inquiry, the prescribed person or an assistant acquires information concerning the affairs of a person who has applied for legal assistance or to whom legal assistance is being or has been provided, the privileges that arise by virtue of subsection 13 (2) between that 
person and a statutory officer of the Commission who practices as, or performs any of the functions of, a solicitor for the person shall arise between that person and the prescribed person, or assistant, as the case requires.
Part XIII—Miscellaneous
91. 	Liabilities of Commission and of the Territory
(1) 	The Commission shall indemnify an officer of the Commission against any liability incurred by him for any negligent act or omission by him or her in the course of the performance of his or her duties or in good faith in the purported performance of those duties.
(2) 	If a private legal practitioner provides any service without charge in connection with the provision of legal assistance under this Act, the Commission shall indemnify him or her against any liability incurred by him or her for any negligent act or omission by him or her in the course of the provision of those services.
(3) 	The Commission has the same liability for acts or omissions by an officer of the Commission in the course of the performance of his or her duties as a master has for any acts or omissions by his or her servants.
(4) 	A member of the Commission, of a Legal Aid Committee, of a Review Committee or of a consultative committee is not liable for any act or omission of the member, of the Commission, or of the committee of which he or she is a member, if the act was done, or the omission occurred, in good faith in the performance of any function under this Act.
(5) 	The Territory is responsible for the payment of any moneys owing by the Commission but nothing in this subsection authorises a person to sue the Territory in respect of a claim against the Commission or an officer of the Commission.
91A. 	Grants to voluntary legal assistance organisations
(1) 	In this section, “voluntary legal assistance organisation” means a voluntary organisation that conducts a scheme for the provision of legal assistance in the Territory.
(2) 	The Commission may grant to a voluntary legal assistance organisation, upon such terms and conditions as the Commission thinks fit, a sum by way of financial assistance.
(3) 	A grant under subsection (2) shall not be made except out of moneys appropriated by the Legislative Assembly for the purpose of the provision of financial assistance to voluntary legal assistance organisations.
92. 	Secrecy
(1) 	This section applies to—
	(a)	every person who is or has been a Commissioner, an officer of the Commission, a member of a Legal Aid Committee, a member of a Review Committee or a member of a consultative committee; and
	(c)	a person who is or has been a prescribed person or an assistant.
(2) 	A person to whom this section applies shall not, either directly or indirectly, except for the purposes of this Act or an inquiry—
	(a)	make a record of, or divulge or communicate to any person, any information concerning the affairs of another person acquired by him or her by reason of his or her office or employment under or for the purposes of this Act or in the performance of a function under this Act or in the course of an inquiry; or
	(b)	produce to any person a document relating to the affairs of another person furnished for the purposes of this Act or in the course of an inquiry.
Penalty:  50 penalty units or imprisonment for 6 months, or both.
(3) 	Subject to section 39B, a person to whom this section applies shall not be required to produce before a court any document relating to the affairs of another person of which he or she has the custody, or to which he or she has access, by virtue of his or her office or employment under or for the purposes of this Act or in the performance of a function under this Act, or to divulge or to communicate to any court any information concerning the affairs of another person obtained by him or her by reason of such an officer or employment or in the performance of such a function.
(3A) 	Nothing in this section shall operate so as to prohibit a prescribed person from referring in a report furnished under Part XIA to information acquired in the course of an inquiry if the reference does not reveal the identity of an applicant for legal assistance, a person to whom legal assistance is being or was provided or any other party or prospective party to litigation.
(4) 	Subsection (3) does not apply if the court considers that it is necessary in the interests of justice that the document be produced or the information be divulged or communicated.
(5) 	This section does not affect any law or any rule of practice or procedure relating to the discovery of documents in a proceeding in respect of which legal assistance is provided to a person under this Act.
(6) 	In this section, “court” includes any tribunal.
(7) 	For the purposes of this section, expressions used in this section that are defined in Part XIA have the same respective meanings as they have in that Part.
92AA. 	General exceptions to secrecy provisions
	Sections 13 and 92 do not apply to the divulgence or communication of information, or the production of a document, concerning the affairs of a person—
	(a)	for the purpose of facilitating the investigation or prosecution of an offence against this Act;
	(b)	with the express or implied consent of that person; or
	(c)	in response to a summons under section 54 of the Legal Practitioners Act 1970.
92A. 	Power of Commission to obtain information or documents
(1) 	Subject to subsection (2), if the Commission requires an officer of the Commission to—
	(a)	furnish to the Commission any information known to him or her or to which he or she has access; or
	(b)	produce to the Commission any document in his or her custody or control,
that is relevant to the provision of legal assistance under this Act, the officer shall comply with the requirement.
(2) 	Subsection (1) does not derogate from any privilege which arises under subsection 13 (2).
93. 	Exemption from fees and taxes
(1) 	No fees are payable in respect of—
	(a)	the institution in a court or before a tribunal of a proceeding on behalf of a legally assisted person;
	(b)	the filing or lodging of a document with a court or tribunal on behalf of a legally assisted person;
	(c)	the service or execution by a member of the Australian Federal Police or by an officer of a court or tribunal of process on behalf of a legally assisted person; or
	(d)	the doing of any other act or thing in a proceeding in a court or before a tribunal on behalf of a legally assisted person.
(2) 	The Commission is not subject to taxation imposed by or under an Act.
94. 	Commission to operate as “Legal Aid Office (A.C.T.)”
(1) 	The Commission shall perform its functions under section 8 under the name of the “Legal Aid Office (A.C.T.)”.
(2) 	The Business Names Act 1963 does not apply to or in relation to the Commission.
95. 	False or misleading statements
(1) 	A person shall not—
	(a)	make, whether orally or in writing, a false or misleading statement in connection with, or in support of, an application for legal assistance; or
	(b)	furnish to the Commission in connection with an application for legal assistance a document that is false or misleading in a material particular.
Penalty:  50 penalty units or imprisonment for 6 months, or both.
(2) 	Where—
	(a)	a person is convicted of an offence against subsection (1) in respect of an application for legal assistance;
	(b)	legal assistance under this Act was granted on that application; and
	(c)	the Commission incurred expenses in providing that legal assistance,
the 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.
(3) 	For the purposes of subsection (2), a certificate in writing signed by the Chief Executive Officer, or by a person acting in the office of Chief Executive Officer, certifying that the Commission incurred expenses of an amount specified in the certificate in providing legal assistance on an application identified in the certificate is prima facie evidence of the matters stated in the certificate.
95A. 	Interest on amounts due to the Commission
(1) 	Where an amount is due and payable to the Commission under section 31, a further amount of interest for the period commencing when the first‑mentioned amount becomes payable and ending when it is paid or judgment is entered in respect of it (whichever sooner happens) is due and payable to the Commission and may be recovered as a debt in a court of competent jurisdiction.
(2) 	The amount of interest shall be calculated in the manner prescribed for the purposes of subsection 231 (2) of the Magistrates Court (Civil Jurisdiction) Act 1982.
96. 	Certificate as to amounts owing to Commission
	In any action against a person for the recovery of an amount payable to the Commission under section 31 or 33, a certificate in writing signed by the Chief Executive Officer, or by a person acting in the office of Chief Executive Officer, certifying that the sum specified in the certificate was, at the date of the certificate, payable by the first-mentioned person to the Commission under that section is prima facie evidence of the matters stated in the certificate.
98. 	Superannuation
	Nothing in this Act authorises the provision of superannuation benefits to an officer of the Commission otherwise than under the Superannuation Act 1976 of the Commonwealth or under the Superannuation Act 1990 of the Commonwealth.
99. 	Regulations
	The Executive may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act.

NOTES
1.	The Legal Aid Act 1977 as shown in this reprint comprises Act No. 31, 1977 amended as indicated in the Tables below.
The Legal Aid Act 1977 was modified by the Self-Government (Transitional Provisions) Regulations.  The amendment is incorporated in this reprint.
Citation of Laws—The Self-Government (Citation of Laws) Act 1989 (No. 21, 1989) altered the citation of most Ordinances so that after Self-Government day they are to be cited as Acts.  That Act also affects references in ACT laws to Commonwealth Acts.
2.	The Legislation (Republication) Act 1996 (No. 51, 1996) authorises the Parliamentary Counsel in preparing a law for republication, to make certain editorial and other formal amendments in accordance with current legislative drafting practice.  Those amendments make no change in the law.  Amendments made pursuant to that Act do not appear in the Table of Amendments but details may be obtained on request from the Parliamentary Counsel’s Office.
Table 1
Table of Ordinances
Ordinance	Number  
and year	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

Legal Aid Ordinance 1977	31, 1977	11 July 1977	S. 3:  3 July 1978 (see 
Note 2)
Remainder:  11 July 1977		
Legal Aid (Amendment) Ordinance 1978	29, 1978	26 Sept 1978	26 Sept 1978	—	
Ordinances Revision Ordinance 1978	46, 1978	28 Dec 1978	28 Dec 1978	—	
Legal Aid (Amendment) Ordinance 1980	15, 1980	30 June 1980	30 June 1980	—	
Legal Aid (Amendment) Ordinance 1982	84, 1982	20 Oct 1982	11 Dec 1982 (see Gazette 1982, No. S242, p. 2)	S. 25	
Legal Aid (Amendment) Ordinance 1984	3, 1984	10 Feb 1984	10 Feb 1984	—	
Legal Aid (Amendment) Ordinance (No. 2) 1984	55, 1984	19 Oct 1984	8 Feb 1985 (see Gazette 1985, No. S26) (a)	Ss. 9 and 10
S. 9A (ad. by 1, 1985, s. 3)	
	as
amended
by
1, 1985	

24 Jan 1985	

24 Jan 1985	

—	
Legal Aid (Amendment) Ordinance 1986	63, 1986	21 Oct 1986	21 Oct 1986	S. 6	
Administrative Arrangements (Consequential Amendments) Ordinance 1988	17, 1988	22 Apr 1988	22 Apr 1988	S. 4	
Legal Aid (Amendment) Ordinance 1988	41, 1988	20 July 1988	20 July 1988	—	
Self-Government (Consequential Amendments) Ordinance 1989	38, 1989	10 May 1989	Ss. 1 and 2: 10 May 1989
Remainder: 11 May 1989 (see s. 2 (2) and Gazette 1989, No. S164)
	—	
Self-Government day 11 May 1989
Table 2
Table of Acts
Act	Number  
and year	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

Statutory Authorities (Audit Arrangements) Act 1990	25, 1990	22 June 1990	Ss. 1 and 2:  22 June 1990
Remainder:  22 June 1990 (see Gazette 1990, No. S35)	Ss. 19 and 20	
Legal Aid (Amendment) Act 1992	13, 1992	2 June 1992	2 June 1992	—	
Statute Law Revision (Miscellaneous Provisions) Act 1992	23, 1992	4 June 1992	4 June 1992	—	
Legal Aid (Amendment) Act (No. 2) 1992	53, 1992	18 Sept 1992	Ss. 4 (b) and 16:  1 Mar 1993 
Remainder:  18 Sept 1992	S. 24	
Registrar-General (Consequential Provisions) Act 1993	64, 1993	6 Sept 1993	Ss. 1 and 2:  6 Sept 1993
Remainder:  1 Oct 1993 (see 
s. 2 (2) and Gazette 1993, No. S207)	Part III 
(ss. 6-13)	
Real Property (Consequential Provisions) Act 1993	90, 1993	17 Dec 1993	Ss. 1 and 2:  17 Dec 1993
Remainder:  1 Jan 1994 (see 
s. 2 (2) and Gazette 1993, No. S270)	—	
Administrative Appeals (Consequential Amendments) Act 1994	60, 1994	11 Oct 1994	Ss. 1 and 2:  11 Oct 1994
Remainder:  14 Nov 1994 (see 
s. 2 (2) and Gazette 1994, No. S250)	—	
Legal Practitioners (Amendment) Act 1994	76, 1994	23 Nov 1994	23 Nov 1994	—	
Statute Law Revision (Penalties) Act 1994
	81, 1994	29 Nov 1994	Ss. 1 and 2:  29 Nov 1994
Remainder:  29 Nov 1994 (see Gazette 1994, No. S269, p. 2)	—	
Statute Law Revision Act 1995	46, 1995	18 Dec 1995	18 Dec 1995	—	
Land Titles (Consequential Amendments) Act 1995	54, 1995	20 Dec 1995	20 June 1996
(see  s. 2)	—	
Remuneration Tribunal (Consequential and Transitional Provisions) Act 1995	56, 1995	20 Dec 1995	21 Dec 1995 (see s. 2 and Gazette 1995, No. S315, p. 2)	S. 3	
Financial Management and Audit (Consequential and Transitional Provisions) Act 1996	26, 1996	1 July 1996	1 July 1996	—	
(Reprinted as at 1 July 1996)	
(Reprinted as at 30 November 1996)	
Remuneration Tribunal (Consequential Amendments) Act 1997	41, 1997	19 Sept 1997	Ss. 1 and 2:  19 Sept 1997
Remainder:  23 Sept 1997 (see Gazette 1997, No. S280)	—	
Financial Institutions (Removal of Discrimination) Act 1997	88, 1997	1 Dec 1997	Ss. 1 and 2:  1 Dec 1997
Remainder:  31 Dec 1997 (see Gazette 1997, No. S442)	—	
Legal Practitioners (Consequential Amendments) Act 1997	96, 1997	1 Dec 1997	Ss. 1 and 2:  1 Dec 1997
Remainder:   1 June 1998 (see s. 2 (2))	—	
Legal Aid (Amendment) Act 1997	97, 1997	5 Dec 1997	5 Dec 1997	S. 13 (2)	
(Reprinted as at 31 December 1997)	
Statute Law Revision (Penalties) Act 1998	54, 1998	27 Nov 1998	Ss. 1 and 2:  27 Nov 1998
Remainder:  9 Dec 1998 (see Gazette 1998, No. 49, p. 1078)
	—	

(a)	Section 7 and the Schedule of the Legal Aid (Amendment) Act (No. 2) 1984 provided for the amendment of the Legal Aid Act 1977. Section 7 and the Schedule were repealed and substituted by the Legal Aid (Amendment) Act 1985 before a date was fixed for their commencement.
Table of Amendments
ad. = added or inserted      am. = amended     rep. = repealed      rs. = repealed and substituted

Provision	How affected

S. 4	rep. No. 46, 1978
S. 5	am. No. 29, 1978; No. 84, 1982; No. 55, 1984 (as am. by No. 1, 1985); No. 38, 1989; Act No. 76, 1994; Nos. 41, 96 and  97, 1997
Heading to Part II	am. Act No. 97, 1997
S. 7	am. No. 84, 1982; No. 55, 1984 (as am. by No. 1, 1985); No. 63, 1986; No. 17, 1988; No. 38, 1989; Regulations 1990 No. 1; Act No. 53, 1992; No. 97, 1997
S. 8	am. Act No. 97, 1997
S. 8A	ad. Act No. 97, 1997
S. 9	am. Act No. 76, 1994; No. 97, 1997
S. 10	am. No. 84, 1982; No. 17, 1988; No. 38, 1989; Act No. 23, 1992; No. 97, 1997
S. 11	am. Act No. 96, 1997
S. 12	am. Act No. 97, 1997
S. 13	am. No. 55, 1984  (as am. by No. 1, 1985); Act No. 53, 1992
S. 15	am. No. 55, 1984  (as am. by No. 1, 1985); Act No. 96, 1997
S. 17	rs. No. 55, 1984 
S. 18	am. Act No. 96, 1997
S. 19	rs. No. 55, 1984 
Ss. 19A, 19B	ad. No. 84, 1982
	rs. No. 55, 1984
S. 20	am. Act No. 97, 1997
S. 21	am. No. 55, 1984 (as am. by No. 1, 1985)
S. 22	am. No. 55, 1984 (as am. by No. 1, 1985); Act No. 76, 1994; Nos. 96 and 97, 1997
S. 23	am. No. 55, 1984 (as am. by No. 1, 1985); Act No. 96,1997
S. 26	am. No. 55, 1984  (as am. by No. 1, 1985); Act No. 53, 1992
S. 27	am. No. 55, 1984  (as am. by No. 1, 1985)
S. 28	am. No. 41, 1988
S. 28A	ad. No. 41, 1988
S. 29	am. No. 38, 1989
S. 31	am. Act No. 53, 1992
S. 31A	ad. Act No. 53, 1992
	am. Nos. 64 and 90, 1993; No. 54, 1995
S. 32	am. No. 55, 1984  (as am. by No. 1, 1985); Act No. 97, 1997
S. 32A	ad. No. 15, 1980
S. 33	am. No. 84, 1982; No. 55, 1984 (as am. by No. 1, 1985); Act No. 53, 1992
S. 35	am. No. 84, 1982
S. 36	am. No. 84, 1982; No. 55, 1984 (as am. by No. 1, 1985); Act No. 53, 1992
S. 37	am. No. 84, 1982; No. 17, 1988; Act No. 53, 1992; No. 97, 1997
S. 38	am. No. 84, 1982; No. 55, 1984 (as am. by No. 1, 1985); No. 17, 1988
	rep. Act No. 53, 1992
S. 39	am. No. 84, 1982
S. 39A	ad. No. 29, 1978
	am. No. 84, 1982; No. 55, 1984
S. 39B	ad. No. 84, 1982
	am. No. 55, 1984 (as am. by No. 1, 1985)
S. 40	am. No. 84, 1982
S. 40A	ad. Act No. 53, 1992
S. 41	am. No. 29, 1978; No. 38, 1989
S. 42	am. No. 29, 1978; No. 38, 1989; No. 88, 1997
S. 43	am. No. 29, 1978; Act No. 97, 1997
S. 44	am. No. 17, 1988; Act No. 53, 1992
S. 45	am. No. 17, 1988
S. 47	am. No. 17, 1988
	rs. Act No. 25, 1990; No. 26, 1996
S. 48	am. No. 55, 1984 (as am. by No. 1, 1985); No. 63, 1986; No. 38, 1989; Act No. 53, 1992
S. 49	am. No. 55, 1984  (as am. by No. 1, 1985)
	rep. Act No. 41, 1997
S. 50	am. No. 84, 1982; No. 55, 1984 (as am. by No. 1, 1985); No. 38, 1989;
Act No. 96, 1997
S. 51	am. No. 55, 1984 (as am. by No. 1, 1985); No. 17, 1988
S. 52	am. No. 55, 1984 (as am. by No. 1, 1985); No. 63, 1986; No. 17, 1988; No. 38, 1989
S. 53	am. No. 55, 1984 (as am. by No. 1, 1985); No. 17, 1988
S. 54	am. No. 55, 1984  (as am. by No. 1, 1985); Act No. 53, 1992; No. 97, 1997
S. 55	am. No. 55, 1984  (as am. by No. 1, 1985)
S. 56	am. No. 55, 1984 (as am. by No. 1, 1985); No. 17, 1988; Act No. 97, 1997
S. 57	rep. Act No. 56, 1995
S. 58	rs. Act No. 53, 1992
S. 59	am. No. 55, 1984  (as am. by No. 1, 1985)
S. 60	am. No. 55, 1984 (as am. by No. 1, 1985); No. 38, 1989; Act No. 60, 1994
S. 60A	ad. No. 38, 1989
	am. Act No. 60, 1994
S. 61	am. Act No. 96, 1997
S. 62	am. Act No. 53, 1992
S. 63	rep. Act No. 97, 1997
S. 64	am. No. 55, 1984 (as am. by No. 1, 1985); No. 38, 1989
	rep. Act No. 97, 1997
Ss. 65-67	rep. Act No. 97, 1997
S. 68	am. No. 38, 1989
S. 68A	ad. Act No. 13, 1992
S. 69	am. No. 15, 1980; Act No. 76, 1994
	rs. No. 97, 1997
Ss. 70-74	am. No. 55, 1984  (as am. by No. 1, 1985)
S. 76	am. No. 84, 1982
	rs. Act No. 53, 1992
	am. No. 97, 1997
Ss. 77, 78	am. No. 84, 1982; No. 17, 1988
	rs. Act No. 53, 1992
S. 80	am. No. 55, 1984  (as am. by No. 1, 1985); Act No. 53, 1992
Ss. 82, 83	am. No. 17, 1988; Act No. 97, 1997
Part XIA (ss. 84A-84F)	ad. No. 3, 1984
S. 84A	ad. No. 3, 1984
	am. Act No. 97, 1997
Ss. 84B, 84C	ad. No. 3, 1984
	am. No. 17, 1988
S. 84D	ad. No. 3, 1984
	am. Act No. 54, 1998
S. 84E	ad. No. 3, 1984
S. 84F	ad. No. 3, 1984
	am. No. 17, 1988
	rep. Act No. 97, 1997
Part XII (ss. 85-89, 90A)	rep. Act No. 97, 1997
Ss. 85-89	rep. Act No. 97, 1997
S. 90	rep. No. 55, 1984  (as am. by No. 1, 1985)
S. 90A	ad. No. 29, 1978
	rep. Act No. 97, 1997
S. 91	am. No. 38, 1989
S. 91A	ad. No. 29, 1978
	am. No. 38, 1989
S. 91B	ad. No. 55, 1984 (as am. by No. 1, 1985)
	rep. No. 38, 1989
S. 92	am. No. 84, 1982; No. 3, 1984; Act No. 53, 1992; No. 81, 1994
S. 92AA	ad. Act No. 53, 1992; No. 76, 1994
S. 92A	ad. No. 84, 1982
S. 93	am. No. 84, 1982
S. 94	am. No. 29, 1978; Act No. 97, 1997
S. 95	am. No. 55, 1984  (as am. by No. 1, 1985); Act No. 81, 1994
S. 95A	ad. Act No. 53, 1992
	am. No. 46, 1995
S. 96	am. No. 55, 1984  (as am. by No. 1, 1985)
S. 97	am. No. 29, 1978; No. 84, 1982; No. 17, 1988; No. 38, 1989
	rep. Act No. 25, 1990
S. 98	am. Act No. 97, 1997
S. 99	am. No. 17, 1988; No. 38, 1989

3.	S. 2 (3)—The date fixed was 3 July 1978 (see Gazette 1978, No. S108).