Legal Services Amendment Act 2003

1: Title
1: This Act is the Legal Services Amendment Act 2003.
2: In this Act, the Legal Services Act 2000 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Other situation where legal aid refused or limited: civil matters
Section 10 subsection (2)
2: Subsection (1)
a: proceedings referred to in that subsection for which a person was granted legal aid before 1 October 1999; or
b: proceedings specified in section 7(1)(j) to (m)
4: New
section 55A The principal Act is amended by inserting, after section 55
55A: Powers and duties of Convenor of Review Panel on receipt of application for review
1: On receipt of an application for review, the Convenor of the Review Panel—
a: may require the Agency or any person to provide any information relating to the decision or the application for review; and
b: must assign a team of 1, 2, or 3 members of the Panel to review the decision.
2: The Convenor must include 1 lawyer in every team assigned to a review.
5: Review of decision by Review Panel
1: Section 56 subsections (1) (2)
2: Section 56 The team A team assigned to a review
6: New
section 62A The principal Act is amended by inserting, after section 62
62A: Delegation by Convenor of Review Panel
1: The Convenor of the Review Panel may delegate any of the Convenor's functions, duties, and powers to a member of the Panel who the Convenor is satisfied has the capability, skills, and experience to perform and exercise those functions, duties, or powers.
2: A delegation
a: must be in writing; and
b: must be to a named person; and
c: is revocable at any time, in writing; and
d: does not prevent the performance or exercise of a function, duty, or power by the Convenor.
3: A person to whom any functions, duties, or powers are delegated may perform and exercise them in the same manner and with the same effect as if they had been conferred directly by this Act and not by delegation.
4: A person who appears to act under a delegation is presumed to be acting in accordance with its terms in the absence of evidence to the contrary.
7: New
section 116A The principal Act is amended by inserting, after section 116
116A: Legal aid granted under
Legal Aid Act 1969
1: On and after the date on which the Legal Services Amendment Act 2003 comes into force, any application made, or proceedings commenced, under the Legal Aid Act 1969
2: To avoid doubt,—
a: a charge created by the Legal Aid Act 1969 section 32
b: the provisions of this Act, so far as they are applicable and with any necessary modifications, apply to the charge and the Agency may, for the purposes of subsection (1)
i: transfer the charge in accordance with section 34
ii: enforce the charge in accordance with section 35
iii: write off the amounts secured by the charge in accordance with section 37
c: the Agency may sign any document, on behalf of the Crown, in order to give effect to subsection (1)
8: Legal aid granted under former Act
Section 117 subsection (4)
9: New
section 117B The principal Act is amended by inserting, after section 117A
117B: District Legal Aid Committees
1: Every District Legal Aid Committee established under the Legal Aid Act 1969
2: No member of a District Legal Aid Committee is entitled to compensation as a result of those Committees ceasing to exist.
3: All assets and liabilities of a District Legal Aid Committee, and all records of the Committee, vest in the Agency at the close of the day before the date on which the Legal Services Amendment Act 2003 comes into force.