2010

LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY

LEGAL AID REGULATION 2010

SL2010 - 26

EXPLANATORY STATEMENT

Circulated by authority of
Mr Simon Corbell MLA
Attorney General

Legal Aid Regulation 2010

Overview of Regulation

Under section 100 of the Legal Aid Act 1977, the Executive may make regulations for the Act.  Section 44 of the Act presumptively limits the value of contracts that may be entered into by the Legal Aid Commission without Ministerial approval to $100,000.  Section 44 also allows, however, for an amount to be prescribed that is higher than $100,000 for the purposes of that section.  

The Legal Aid Regulation 2010 sets the prescribed amount under section 44 at $200,000.  This will have the effect of allowing the Legal Aid Commission to enter into contracts with a value of up to $200,000 without specific Ministerial approval.  Ministerial approval would still be required for contracts which exceed $200,000 in value.  

Clause Notes

Clause 1	– Name of Regulation – states the title of the regulation as the Legal Aid Regulation 2010.

Clause 2	– Commencement – states that the regulation commences the day after its notification.

Clause 3	– Limitation on contracts—Act, s 44 – prescribes the amount of $200,000 for the purposes of section 44.  This will have the effect of allowing the Legal Aid Commission to enter into contracts for a value of up to $200,000, without approval from the Minister.