Page 5637 - Week 13 - Thursday, 18 November 2010
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The Legal Aid Amendment Bill 2010 is the product of close consultation between the government and Legal Aid ACT. This bill serves the community by improving the legislation that governs Legal Aid ACT, the Legal Aid Act 1977. Regular improvement and updating allows Legal Aid ACT to focus on its core function—to deliver legal services to people who cannot otherwise afford help.
The bill introduces a brief suite of amendments to improve the drafting of the Legal Aid Act. The amendments in this bill will ensure that officers of Legal Aid ACT receive the normal statutory protections when they appear on behalf of interstate clients. Other amendments update a definition and clarify the commission’s powers to assess contributions.
The amendments contained in the bill I present today will not alter the way Legal Aid ACT operates to assist the community. Rather, they ensure that the legislation remains easy to interpret and up to date with changes in related legislation. The amendments also ensure that Legal Aid ACT’s statutory rights are not brought into dispute due to legislative drafting. The drafting improvements will ensure that everyone understands what the commission’s powers are and will prevent unnecessary and complicated disputes about the language of the statute.
I will explain the amendments relating to immunities of officers first. The bill extends the protection currently afforded to Legal Aid ACT officers in relation to the representation of clients. Currently, section 22(7) of the act affords Legal Aid officers the same protection and immunity as is given to barristers during court proceedings.
The amended section 22(7) extends this immunity to ensure protection when Legal Aid ACT officers represent people receiving legal assistance from organisations outside of the ACT. For example, a client of Legal Aid New South Wales might have to appear in an ACT court for a matter. In that case, Legal Aid ACT may assist by providing local representation. Under the current law, a technical argument might be made that the person being represented is not assisted under the territories law, but rather under the New South Wales Legal Aid Act. This amendment ensures that no technical argument will undermine the normal privileges and immunities afforded to officers of Legal Aid ACT.
Turning to the issues around clarification to Legal Aid ACT’s powers, the amendments clarify section 31(1)(a) of the act in relation to the assessment of a person’s eligibility for legal assistance. The central principle of eligibility for legal aid is the inability to afford legal costs. Eligibility is determined by a two-part means test, applied across all jurisdictions, consisting of an income test and an asset test. Both of these parts must be satisfied in order for a person to be eligible for assistance.
The principles governing income provide that a person who does not initially satisfy the income test, but is unable to afford private legal representation, may be eligible for legal aid on the condition that they pay a contribution. The amount of the contribution is determined on a sliding scale. It takes into account income and the likely cost of the matter.
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