Legal Aid Commission Act 1976 (WA)

Western Australia Legal Aid Commission Act 1976 Western Australia Legal Aid Commission Act 1976 Contents Part I — Preliminary 1. Short title 2 2. Commencement 2 4. Terms used 2 5. Other laws not affected 5 Part II — Establishment and functions of Legal Aid Commission of Western Australia 6. The Commission 6 7. Composition of Commission 6 8. Tenure of office 8 9. Meetings of Commission 9 9A. Disclosure of interests of members 10 10. Validity of acts of Commission 11 11. Duties and remuneration of members 11 12. Functions of Commission 11 13. Appointed day 12 14. Commission to pay fees etc. to private practitioners providing legal assistance 12 15. Duties 14 16. Powers of Commission 16 16A. Reciprocal arrangements for legal assistance 16 16B. Delegation 17 17. Trust moneys 17 Part III — The Director of Legal Aid and the staff of the Commission 18. Director of Legal Aid 19 19. Functions and powers of Director 20 20. Classification and appointment of staff 20 21. Terms and conditions of employment 21 22. Superannuation 21 23. Delegation 21 Part IV — Legal aid committees 24. Establishment of legal aid committees 23 25. Constitution of legal aid committees 23 26. Meetings of legal aid committees 25 26A. Disclosure of interests of members of legal aid committees 25 27. Functions and powers of legal aid committees 25 28. Delegation 26 29. Validity of acts of legal aid committees 26 Part V — Provision of legal assistance Division 1 — Provision of legal assistance by Commission 30. Advertising of services 27 31. Name or names to be used by Commission in providing services 27 32. Commission may assist persons in matters affecting the State etc. 27 Division 2 — Legal aid by duty counsel and legal advice 33. Provisions of legal advice and duty counsel services 28 34. Charges and payment to Fund 28 Division 3 — Legal aid generally 35. Term used: legal aid 28 36. Application for legal aid 28 37. Provision of legal aid 29 38. Allocation of legal aid between private practitioners and staff 33 39. Nature and conditions of legal aid 34 40. Assisted persons to have private practitioners of their choice 36 41. Private practitioners not to accept certain payments 40 42. Disbursements in connection with legal aid 40 43. Costs for and against assisted persons 41 44. Recovery of costs by Commission from successful assisted person 41 44A. Registration of charge to secure costs of legal aid 42 45. Court may order Commission to pay costs awarded against assisted person 44 45A. Guidelines to be observed 46 Division 4 — Notification and review of decisions relating to legal aid 46. Terms used 46 47. Notification of decisions 47 48. Reconsideration of decision 48 49. Review of decisions 49 49A. Reopening of decision of review committee 51 50. Review committees 52 Division 5 — Relationships between Commission, practitioner and assisted person 50A. Rights and privileges generally 54 50B. Private practitioners to report to Commission 55 51. Solicitor‑client relationship to exist and be preserved 55 Division 6 — Legal assistance in respect of Commonwealth matters 51A. Regard to be had to recommendations of relevant Commonwealth agency 56 Part VI — Finances of Commission Division 1 — The Legal Aid Fund of Western Australia 52. Legal Aid Fund 57 53. Investment of Fund 57 54. Payment out of Fund 58 55. Payments may be made by allowance or set‑off 58 Division 2 — Estimates, accounts and audit 56. Application of Financial Management Act 2006 and Auditor General Act 2006 59 58. Deposit of moneys 59 59. Accounts to be maintained 60 Part VII — Legal practice by Director and staff 61. Rights and obligations of Director and staff in respect of legal practice 61 62. Solicitor on the record 62 Part VIIA — Consultative committees 62A. Establishment of consultative committees 63 62B. Constitution of consultative committees 63 62C. Meetings of consultative committees 64 62D. Allowances 64 Part VIII — Miscellaneous 63. Liability and immunity 65 63A. Director may require practitioner to supply information 65 64. Secrecy 66 65. Offence of misrepresentation 69 66. Proceedings under this Act 70 67. Rules 70 Part IX — Agreements with the Commonwealth 68. State may enter into agreements and arrangements 72 Part IXA — Recovery abroad of maintenance 68A. Terms used 73 68B. Legal assistance for recovery abroad of maintenance 73 68C. The Director as an authorised person 73 Part X — Transitional provisions Division 1 — General 69. Term used: Australian Legal Aid Office 75 70. Certain rights and liabilities of Law Society to vest in Commission 75 71. Incorporation of moneys from Legal Assistance Fund 75 72. State may make arrangements as to premises etc. 76 73. Application for legal aid granted before appointed day 76 74. Provisions in respect of legal aid being provided by private practitioner 77 75. Provisions in respect of legal aid being provided by Commonwealth employees 77 Division 2 — Transfer of staff to Commission 76. Law Society staff 78 77. Commonwealth employees 79 78. Salary of former Commonwealth and Law Society employees 80 Notes Compilation table 81 Uncommenced provisions table 84 Other notes 84 Defined terms Western Australia Legal Aid Commission Act 1976 An Act to establish the Legal Aid Commission of Western Australia and for related purposes. Part I — Preliminary 1. Short title This Act may be cited as the Legal Aid Commission Act 1976. 2. Commencement The provisions of this Act shall come into operation on such date or dates as is or are, respectively, fixed by proclamation. [3. Deleted: No. 126 of 1982 s. 2.] 4. Terms used (1) In this Act, unless the contrary intention appears — applicant means a person who has made application for legal assistance under this Act; appointed day means the day appointed by the Commission pursuant to section 13 1; assisted person means a person to whom legal assistance is provided under this Act and unassisted person has the contrary meaning; Attorney General means the Attorney General of the State; Chairman means the Chairman of the Commission; Commission means the Legal Aid Commission of Western Australia established under section 6; Commonwealth Council means the Commonwealth Legal Aid Council established under section 4 of the Commonwealth Legal Aid Act 1977 2, as amended, of the Parliament of the Commonwealth; consultative committee means a consultative committee established under section 62A; Director means the Director of Legal Aid appointed under section 18; Fund means the Legal Aid Fund of Western Australia established by section 52; law practice has the meaning given in the Legal Profession Uniform Law (WA) section 6(1); Law Society means The Law Society of Western Australia, a body taken to be incorporated under the Associations Incorporation Act 2015; legal advice means advice on matters of law given by a law practice or a lawyer and includes assistance in preparing an application for legal aid and in furnishing information required in that connection; legal aid means legal services, not confined to legal advice, performed by a legal practitioner in the form of — (a) representation in and in connection with proceedings; and (b) assistance ordinarily given by a solicitor or counsel or both in the steps preliminary or incidental to proceedings or in arriving at, or giving effect to, a compromise to avoid or terminate proceedings; and (c) assistance in taking steps to assert a claim or resist a demand, where the question of taking, defending or being a party to any proceedings before a court or tribunal does not arise or has not then arisen; and (d) assistance in such matters, other than those mentioned in paragraphs (a), (b) and (c) of this interpretation, as the Commission may, from time to time, determine under section 15(1)(e); legal aid authority means a legal aid committee, the Director or a member of the staff authorised under section 36(2); legal aid committee means a legal aid committee established under section 24; legal assistance means legal advice, legal aid or both of those services; legal experience means — (a) standing and practice as a legal practitioner; or (b) judicial service (including service as a judge of a court, a magistrate or other judicial officer) in the State or elsewhere in a common law jurisdiction; or (c) a combination of both kinds of legal experience mentioned in paragraphs (a) and (b); Legal Practice Board means the Legal Practice Board established by the Legal Profession Uniform Law Application Act 2022 section 30(1); member means a member of the Commission and includes the Chairman; officer of the Commission means the Director or a member of the staff; order for costs means a judgment, order, decree, award or direction for the payment of the costs of one party to a proceeding by another or others, whether given or made in that proceeding or not; private practitioner means a legal practitioner who is not employed by the Commission, a statutory authority or the Crown; public company has the same meaning as in the Corporations Act 2001 of the Commonwealth; review committee means a review committee established under section 50; staff means the staff of the Commission. (2) Every act, matter or thing that is required or permitted to be done under this Act by the Law Society may be done by the Council of the Law Society. [Section 4 amended: No. 60 of 1977 s. 3; No. 10 of 1982 s. 28; No. 126 of 1982 s. 3; No. 90 of 1986 s. 4; No. 32 of 1994 s. 19; No. 10 of 2001 s. 221; No. 65 of 2003 s. 47(2); No. 74 of 2003 s. 75(2); No. 21 of 2008 s. 674(2); No. 30 of 2015 s. 221; No. 9 of 2022 s. 371.] 5. Other laws not affected Nothing in this Act affects the operation of any other law of the State under which legal assistance may be provided. Part II — Establishment and functions of Legal Aid Commission of Western Australia 6. The Commission (1) For the purposes of this Act, there shall be established a commission by the name of the "Legal Aid Commission of Western Australia". (2) The Commission — (a) is a body corporate with perpetual succession and a common seal; and (b) in its corporate name may acquire, hold and dispose of real and personal property; and (c) may sue and be sued in its corporate name; and (d) may exercise and discharge the powers, authorities, duties and functions conferred or imposed upon it by or under this Act. (3) Where in any judicial proceedings, whether under this Act or not, a document is produced bearing a seal purporting to be the common seal of the Commission the court, tribunal or person before which or before whom those proceedings are brought shall in the absence of proof to the contrary presume that — (a) the seal is the common seal of the Commission; and (b) the seal was duly affixed. 7. Composition of Commission (1) Subject to subsection (1a), the Commission shall consist of — (a) one person appointed by the Governor, on the nomination of the Attorney General, as a member and Chairman of the Commission; (b) 7 persons appointed by the Governor, as members of the Commission, of whom — (i) 4 shall be appointed on the nomination of the Attorney General; and (ii) one (not being a lawyer) shall be appointed on the nomination of the Minister to whom the administration of the Fair Trading Act 2010 is for the time being committed by the Governor; and (iii) 2 shall be appointed on the nomination of the Attorney General of the Commonwealth to represent the Attorney General of the Commonwealth. (1a) The Director shall be ex officio a member of the Commission. (2) The person appointed as Chairman of the Commission shall be a lawyer who has had not less than 7 years' legal experience. (3) Of the persons appointed as members of the Commission pursuant to subsection (1)(b)(i) — (a) one shall be a person (not being a lawyer) who has, in the opinion of the Attorney General, had administrative experience at a senior level; and (b) 2 shall be private practitioners and shall, where a panel of names has been submitted to the Attorney General by the Law Society in accordance with subsections (4) and (5), be nominated from that panel. (4) Prior to the first occasion on which appointments are to be made to the offices of member referred to in subsection (3)(b), and on each occasion thereafter when such an office becomes vacant, the Attorney General shall, in writing, request the Law Society to submit to him a panel containing the names of a number of private practitioners (being a number not fewer than twice the number of offices to be filled) willing to act as members of the Commission. (5) Where the Law Society has been requested, pursuant to subsection (4), to submit a panel containing the names of a number of persons to the Attorney General, the Attorney General — (a) shall, if such a panel is submitted to him within 30 days of the Law Society receiving the request, nominate for appointment to the office of member one or more (as the case requires) of the private practitioners whose names appear on the panel; and (b) may, if default is made within that time in submitting such a panel to him, nominate for appointment to the office of member such private practitioner or private practitioners (as the case requires) as he thinks fit. (6) The Governor may appoint as deputy of a member a person who would be eligible for appointment to the office of the member and who has been nominated in the manner in which the member was nominated. (7) A person so appointed is, in the event of the absence from a meeting of the Commission of the member of whom he is the deputy, entitled to attend that meeting and, when so attending, is deemed to be a member and has all the powers, functions and duties of a member. (8) In the case of each member appointed pursuant to subsection (1)(b)(iii) the power conferred by subsection (6) extends to the appointment of 2 or more persons each as deputy of that member but, in the event of the absence from a meeting of the Commission of that member, not more than one of those persons is entitled to attend that meeting at any one time. [Section 7 amended: No. 60 of 1977 s. 4; No. 90 of 1986 s. 5; No. 21 of 2008 s. 674(3)‑(5); No. 58 of 2010 s. 197; No. 9 of 2022 s. 372.] 8. Tenure of office (1) Subject to this Act, each member shall hold office for such period, not exceeding 3 years, as is specified in the instrument of his appointment, but is eligible for reappointment. (2) The Attorney General may grant leave of absence to a member on such terms as the Attorney General determines. (3) A member may resign his office by writing signed by him and delivered to the Attorney General, but the resignation does not have effect until is it accepted by the Attorney General. (4) The Governor may terminate the appointment of a member for inability, inefficiency or misbehaviour. (5) If a member — (a) is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or (b) becomes permanently incapable of performing his duties as a member; or (c) absents himself, except on leave duly granted by the Attorney General, from 3 consecutive meetings of the Commission; or (d) in the case of a member holding an office referred to in section 7(3)(b), ceases to be a private practitioner, the office of that member becomes vacant. (6) This section does not apply to or in relation to the Director. [Section 8 amended: No. 60 of 1977 s. 5; No. 8 of 1978 s. 2; No. 18 of 2009 s. 50.] 9. Meetings of Commission (1) The Commission shall hold such meetings at such times and places as are necessary to enable it to discharge its functions and duties under this Act and the Attorney General may at any time require the Chairman to convene a meeting of the Commission. (2) The Chairman shall preside at all meetings of the Commission at which he is present and where the Chairman is not present at a meeting of the Commission the members present shall appoint one of their number present to preside at the meeting. (3) At a meeting of the Commission 4 members constitute a quorum. (4) Any question arising at a meeting of the Commission shall be decided by a majority of the votes of the members present and voting. (5) The member 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. (6) The Commission shall cause accurate minutes to be kept of its proceedings at its meetings. (7) To the extent that it is not prescribed the Commission shall determine its own procedure. (8) Unless a majority of the other members present otherwise determine, the Director shall not be present at a meeting of the Commission during any deliberation with respect to a matter referred to in section 18(3)(b), (c), (d) or (e). [Section 9 amended: No. 60 of 1977 s. 6.] 9A. Disclosure of interests of members (1) Any member who has a direct or indirect pecuniary interest in any matter that is being considered or is about to be considered at a meeting of the Commission, otherwise than as a member or creditor of, and in common with the other members or creditors of, a public company of which he is not a director, shall, as soon as possible after the relevant facts have come to his knowledge, disclose the nature of his interests to those present at the meeting. (2) A disclosure under subsection (1) shall be recorded in the minutes of the meeting of the Commission. [Section 9A inserted: No. 60 of 1977 s. 7.] 10. Validity of acts of Commission No act, proceeding or determination of the Commission shall be invalid on the ground only of any vacancy in the office of any member or of any defect in the appointment of any member or in the appointment of any deputy of a member. 11. Duties and remuneration of members (1) A member appointed pursuant to section 7(1) is not required to devote the whole of his time to the duties of his office. (2) The members appointed pursuant to section 7(1), and their deputies, shall be paid such fees and allowances as may from time to time be fixed by the Governor. [Section 11 inserted: No. 60 of 1977 s. 8.] 12. Functions of Commission (1) The functions of the Commission shall be — (a) to provide legal assistance in accordance with this Act; (b) to control and administer the Fund. (2) Legal assistance may be provided by the Commission by making available the services of the Director and the staff or by arranging for the services of private practitioners to be made available at no expense to, or wholly or partly at the expense of, the Commission. (3) Where the Commission provides legal assistance by way of legal aid in relation to proceedings that assistance may be provided in relation to proceedings instituted or proposed to be instituted or which could be instituted — (a) in the High Court of Australia, the Supreme Court or any other court or tribunal established by or under a law of the Commonwealth or of the State; or (b) in any court or tribunal established by or under a law of another State or a Territory of the Commonwealth where, for reasons of convenience, or under arrangements made with a person or body providing legal aid in that State or Territory, it is in the opinion of the Commission desirable that legal aid be provided. [Section 12 amended: No. 126 of 1982 s. 4; No. 90 of 1986 s. 6.] 13. Appointed day The Commission may, with the approval of the Minister appoint a day, to be notified in the Gazette and in a daily newspaper circulating in the State, on which it will commence to provide legal assistance in accordance with this Act 1. 14. Commission to pay fees etc. to private practitioners providing legal assistance (1) Subject to subsection (1a) and section 49(2b) and to the Legal Profession Uniform Law (WA) Part 4.3 Division 7, where a private practitioner performs services by way of legal assistance under Division 3 of Part V the Commission shall — (a) pay to him for the performance of those services — (i) a fee determined in accordance with a scale of fees prescribed in the rules; or (ii) if the services are not services to which a scale of fees so prescribed relates — such percentage as may be prescribed by the rules of the fees that would be payable to him in the ordinary course of practice and are approved; and (b) reimburse him in respect of disbursements and out‑of‑pocket expenses that are properly incurred by him in performing those services and are approved. (1a) A private practitioner who performs services by way of legal assistance under Division 3 of Part V may enter into an agreement with the Director to receive — (a) payment for the performance of those services; or (b) reimbursement in respect of disbursements and out‑of‑pocket expenses that are properly incurred by the practitioner in performing those services and are approved; or (c) both payment of the kind mentioned in paragraph (a) and reimbursement of the kind mentioned in paragraph (b), on such basis and in such circumstances as the Director determines, and if such an agreement is entered into the practitioner is entitled to receive payment or reimbursement, or both, from the Commission under the agreement and not under subsection (1). (1b) In subsections (1) and (1a) approved means — (a) in a case where the decision to provide legal assistance was made by a legal aid committee (or by a review committee on the review of a decision of a legal aid committee) — approved by a legal aid committee; (b) in the case where the decision to provide legal assistance was made by an officer of the Commission (or by a review committee on the review of a decision made by an officer of the Commission) — approved by the Director or by a member of the staff authorised by the Director in that behalf. (2) Where a private practitioner performs services by way of legal assistance under Division 2 of Part V the Commission shall pay to him for and in respect of the performance of those services such fees and expenses as the Commission determines. (3) Before making any rule or determination for the purposes of subsection (1) or (2) the Commission shall ascertain and take into account the views of the Law Society. [Section 14 amended: No. 60 of 1977 s. 9; No. 113 of 1978 s. 4; No. 90 of 1986 s. 7; No. 65 of 1987 s. 45; No. 73 of 1992 s. 4; No. 65 of 2003 s. 47(3); No. 21 of 2008 s. 674(6); No. 9 of 2022 s. 373.] 15. Duties (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; (aa) ensure that its activities are carried on consistently with, and do not prejudice, the independence of the private legal profession; (ab) liaise with professional bodies representing private practitioners in order to facilitate the use, in appropriate circumstances, of services provided by private practitioners; (ac) make maximum use of services that private practitioners offer to provide on a voluntary basis; (b) establish such local offices as it considers appropriate and generally use its best endeavours to make legal assistance available to persons throughout the State; (c) subject to agreements or arrangements made between the Commonwealth and the State from time to time in that behalf, determine or vary priorities in the provision of legal assistance as between classes of persons or classes of matters, or both; (d) liaise and cooperate with relevant agencies of the Commonwealth having functions relating to legal assistance; (e) determine the matters or classes of matters (in addition to the matters mentioned in paragraphs (a), (b) and (c) of the interpretation legal aid in section 4) in respect of which legal services may be performed on behalf of assisted persons by way of legal aid; (f) determine guidelines to assist legal aid committees in the exercise of the power of delegation conferred on them by section 28; (g) determine guidelines to assist legal aid authorities in making determinations for the purposes of section 38 having regard to — (i) the importance of maintaining the independence of the private legal profession; (ii) the desirability of an assisted person being entitled to select the legal practitioner whom he wishes to act for him; (iii) the desirability of enabling officers of the Commission to utilize and develop their expertise and maintain their professional standards by conducting litigation and doing other kinds of professional legal work; (iv) the need for legal services to be readily available and easily accessible to disadvantaged people; (h) initiate and carry out educational programmes 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 laws of the Commonwealth and of the State; (i) determine guidelines to be observed by legal aid authorities and review committees in performing their functions under sections 37, 39, 44, 48, 49 and 49A; (j) cooperate with persons administering other schemes of legal assistance in the State and elsewhere; (k) 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 the Director and the staff. (1a) Whenever this Act confers a power, or imposes a duty, on the Commission to make a determination or to give a direction, that power or duty shall be deemed, unless the contrary intention appears to include a power — (a) to revoke the determination or direction; or (b) to revoke the determination or direction and substitute therefor a fresh determination or direction; or (c) to vary the determination or direction. (2) The Commission shall make recommendations to the Attorney General 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. (3) Subject to and in accordance with any agreement or arrangement made between the Commonwealth and the State in that behalf, the Commission may provide financial assistance to voluntary legal assistance bodies in the State in respect of the provision of legal assistance. (4) Financial assistance under subsection (3) shall be provided out of moneys made available for that purpose by the State and the Commonwealth or by one or other of them. [Section 15 amended: No. 60 of 1977 s. 10; No. 126 of 1982 s. 5; No. 73 of 1992 s. 5; No. 21 of 2008 s. 674(7).] 16. Powers of Commission The Commission may do all things that are necessary or convenient to be done for or in connection with the performance of its functions. 16A. Reciprocal arrangements for legal assistance The Commission may enter into an agreement or arrangement with a body administering a scheme of legal assistance or otherwise providing legal assistance in a Territory or another State of the Commonwealth with respect to the provision of legal assistance by the Commission and that body on a reciprocal basis. [Section 16A inserted: No. 113 of 1978 s. 5.] 16B. Delegation (1) The Commission may, in writing, either generally or otherwise as provided by the instrument of delegation, delegate to a member, a legal aid committee, the Director or a member of the staff any of its functions or powers under this Act, other than this power of delegation. (2) Notwithstanding section 23 or 28, a function or power delegated under this section shall not be further delegated. (3) A function or power so delegated may be performed or exercised by the delegate in accordance with the instrument of delegation and, when performed or exercised by the delegate, shall, for the purposes of this Act, be deemed to have been performed or exercised by the Commission. [Section 16B inserted: No. 90 of 1986 s. 8.] 17. Trust moneys (1) The Commission may accept moneys or other property on trust and may act as trustee of moneys or other property held by the Commission on trust. (2) Subject to subsections (3) and (4), 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 law of the State. (3) The provisions of the Legal Profession Uniform Law Application Act 2022 Part 8 Division 2 apply to and in relation to moneys held by the Commission on trust for persons who are or have been assisted persons. (4) Any moneys held by the Commission on trust (other than moneys required to be deposited pursuant to the Legal Profession Uniform Law Application Act 2022 Part 8 Division 2) may be invested by the Commission in any manner authorised by law for the investment of trust moneys and all moneys resulting from investments so made shall be credited to the Fund. [Section 17 amended: No. 49 of 1996 s. 64; No. 21 of 2008 s. 674(8) and (9); No. 9 of 2022 s. 374.] Part III — The Director of Legal Aid and the staff of the Commission 18. Director of Legal Aid (1) A person shall be appointed to the office of Director of Legal Aid. (2) A person is not eligible for appointment as Director unless the person is a lawyer, or is qualified for admission to the legal profession, and has had not less than 5 years' legal experience. (3) The following provisions apply to and in relation to the Director, that is to say — (a) he shall be appointed by the Governor on the recommendation of the Commission for a term not exceeding 5 years; and (b) the conditions of his service shall be such as the Commission determines; and (c) subject to the Salaries and Allowances Act 1975, he shall be paid such remuneration and allowance or allowances as the Commission may from time to time determine; and (d) he may be reappointed, from time to time at the expiration of a term of office unless he has been removed from office by the Governor under paragraph (e); and (e) he may, at any time, be removed from office by the Governor for disability, bankruptcy, neglect of duty or misconduct, or if he engages in any other remunerative employment without the approval of the Commission; and (f) he may at any time resign his office by writing under his hand addressed to the Commission. [Section 18 amended: No. 8 of 1978 s. 3; No. 73 of 1992 s. 6; No. 21 of 2008 s. 674(10); No. 9 of 2022 s. 375.] 19. Functions and powers of Director (1) The Director shall — (a) subject to the Commission, administer the scheme of legal assistance established by this Act; (b) as and when required by or under this Act, provide legal services to assisted persons and arrange and supervise the provision of such services by legal practitioners who are members of the staff. (2) The Director may do all things that are necessary or convenient to be done for or in connection with the performance of his functions. (3) The Director may provide supervised legal training to persons who are staff of the Commission in accordance with the Legal Profession Uniform Law (WA). [Section 19 amended: No. 60 of 1977 s. 11; No. 65 of 2003 s. 47(4); No. 21 of 2008 s. 674(11) and (12); No. 9 of 2022 s. 376.] 20. Classification and appointment of staff (1) The Commission may from time to time, after consultation with the Public Sector Commissioner, classify the positions to be held by members of the staff of the Commission and define the duties to be performed by the respective holders of those positions. (2) Subject to this Act the Commission may, from time to time, employ as members of the staff of the Commission such lawyers and other persons as it considers fit to hold the positions mentioned in subsection (1). (3) The Commission, if it is practicable to do so, shall make reciprocal arrangements with legal aid commissions elsewhere in the Commonwealth for the purpose of facilitating the transfer of professionally qualified staff between the Commission and any of those legal aid commissions. [Section 20 amended: No. 60 of 1977 s. 12; No. 21 of 2008 s. 674(13); No. 39 of 2010 s. 89; No. 9 of 2022 s. 377.] 21. Terms and conditions of employment (1) Subject to any relevant award under the Industrial Relations Act 1979 3, and subject to sections 76, 77 and 78 the terms and conditions of members of the staff, including the salary or wages payable, are such terms and conditions as the Commission, after consultation with the Public Sector Commissioner, determines. (2) Part 3 of the Public Sector Management Act 1994 does not apply to or in relation to members of the staff. [Section 21 amended: No. 60 of 1977 s. 13; No. 126 of 1982 s. 6; No. 32 of 1994 s. 19; No. 39 of 2010 s. 89.] 22. Superannuation (1) For the purposes of the Superannuation and Family Benefits Act 1938 4, and for those purposes only, the Commission is hereby declared to be a "department" within the meaning of