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Part 1 - Preliminary

Name of Act

This Act may be cited as the Legal Aid Commission Act 1979.

2   Commencement

(1)  Except as provided by subsections (2) and (3), this Act shall commence on the date of assent to this Act.

(2)  Part 1 (sections 1, 2 and 5 excepted), Part 2, Part 4 and Part 5 (section 74 excepted) shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

(3)  Section 5, Part 3 and section 74 shall commence on such day, being later than the day appointed and notified under subsection (2), as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

3   Notes

Notes included in this Act are explanatory notes and do not form part of this Act.

4   Definitions

(1)  In this Act, except in so far as the context or subject-matter otherwise indicates or requires—

    associate of a law practice has the same meaning as in the Legal Profession Uniform Law (NSW).

    Australian Legal Aid Office means that part of the Community Affairs Division of the Attorney-General’s Department of the Commonwealth that is designated the Australian Legal     Aid Office and that operates in New South Wales.

    Bar Association means the Council of the New South Wales Bar Association.

    Board means the Board of the Commission constituted under section 14.

    Chief Executive Officer means the Chief Executive Officer of the Commission.

    Commission means the Legal Aid Commission of New South Wales constituted under this Act.

    de facto partner of a person means the other party to a de facto relationship with the person.

    Note—

    “De facto relationship” is defined in section 21C of the Interpretation Act 1987.

    functions includes powers, authorities and duties.

    Law practice has the same meaning as in the Legal Profession Uniform Law (NSW).

    Law Society means the Council of the Law Society of New South Wales.

    legal aid means legal aid under this Act and includes, in relation to a person who is a patient within the meaning of the Mental Health Act 2007, aid provided to the patient in respect of any matter, whether of a legal nature or not.

    Legal Aid Review Committee means a Legal Aid Review Committee established under this Act.

    legally assisted person means a person to whom legal aid is provided.

    Public Defender means a person who holds office as a Public Defender under the Public Defenders Act 1995.

    regulation means a regulation made under this Act.

(2)  A reference in this Act to the exercise of a function includes, where that function is a duty, the performance of that duty.

 

5 - Repealed