Western Australia: 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 that Act. (2) As soon as practicable after it is established the Commission shall — (a) enter into a proper written agreement with the Treasurer; and (b) make arrangements satisfactory to the Treasurer, for the purposes, and in relation to the matters, referred to in paragraph (i) of the proviso to the interpretation department in section 6 of the Superannuation and Family Benefits Act 1938 4. [22A. Deleted: No. 32 of 1994 s. 19.] 23. Delegation (1) The Director may, either generally or as otherwise provided by the instrument of delegation by writing signed by him, delegate to a member of the staff any of his functions or powers under this Act, other than this power of delegation. (2) A function or power so delegated, when performed or exercised by the delegate, shall, for the purposes of this Act be deemed to have been performed or exercised by the Director. [Section 23 amended: No. 90 of 1986 s. 9.] Part IV — Legal aid committees 24. Establishment of legal aid committees The Commission may establish such legal aid committees as it considers necessary for the purposes of Division 3 of Part V. 25. Constitution of legal aid committees (1) A legal aid committee shall consist of such number of members as the Commission determines. (2) The members of a legal aid committee shall be private practitioners appointed by the Commission on the nomination of the Law Society. (3) A member of a Committee — (a) shall hold office for such period, not exceeding one year as is specified in the instrument of his appointment, but is eligible for reappointment; (b) may be removed from office by the Commission for disability, neglect of duty or misconduct; (c) may resign his office by writing signed by him and delivered to the Chairman of the Commission, but the resignation does not have effect until it is accepted by the Chairman. (4) The Commission shall appoint one of the members of a legal aid committee to be the chairman of that committee. (5) The Director shall be ex officio a member of each legal aid committee. (6) The Director may, having first obtained the approval of the Commission, give notice in writing to the chairman of a legal aid committee nominating a lawyer who is a member of the staff to attend meetings of that committee in the place of the Director and may, by like notice, revoke such a nomination. (7) A person nominated pursuant to subsection (6) in respect of a legal aid committee is entitled to attend all meetings of that committee other than those meetings that are attended by the Director and, when so attending, is deemed to be a member of the committee and has all the powers, functions and duties of a member of the committee. (8) Where the Director is unable to attend a meeting of a legal aid committee and — (a) there is not, for the time being, a person nominated pursuant to subsection (6) in respect of that committee; or (b) the person for the time being nominated pursuant to subsection (6) in respect of that committee is also unable to attend that meeting, the Director may, by notice in writing to the chairman of that committee, nominate a lawyer who is a member of the staff to attend that meeting and the person so nominated may attend that meeting and, when so attending, is deemed to be a member of the committee and has all the powers, functions and duties of a member of the committee. (9) When a meeting of a legal aid committee has been convened and there is difficulty in obtaining a quorum at that meeting, the Director may in writing appoint a member or members of any other legal aid committee to attend that meeting for the purpose of constituting a quorum thereat. (10) A person appointed pursuant to subsection (9) to attend a meeting of a legal aid committee is entitled to attend that meeting and is, when so attending, deemed to be a member of the legal aid committee and has all the powers, functions and duties of a member of the legal aid committee. [Section 25 amended: No. 60 of 1977 s. 14; No. 106 of 1979 s. 2; No. 126 of 1982 s. 7; No. 21 of 2008 s. 674(14) and (15); No. 9 of 2022 s. 378.] 26. Meetings of legal aid committees The rules may make provision for and in relation to — (a) the convening of meetings of legal aid committees; and (b) the appointment or election of members of committees to preside at such a meeting in the absence of the chairman of the committee; and (c) the procedure (including provisions with respect to quorums and voting) to be followed at such a meeting. 26A. Disclosure of interests of members of legal aid committees (1) Any member of a legal aid committee 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 that committee, 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 interest to those present at the meeting. (2) A disclosure under subsection (1) shall be mentioned in the record of the meeting of the legal aid committee. [Section 26A inserted: No. 60 of 1977 s. 15.] 27. Functions and powers of legal aid committees (1) Subject to the Commission a legal aid committee shall perform and exercise such functions and powers in relation to applications for legal aid, and in relation to the provision of legal aid, as are committed to or conferred on a legal aid committee under this Act. (2) A committee may do all things that are necessary or convenient to be done for or in connection with the performance and exercise of its functions and powers. 28. Delegation (1) Subject to subsection (5) a legal aid committee may, in writing, either generally or as otherwise provided by the instrument of delegation delegate to the Director or a member of the staff any of its functions or powers under this Act. (2) A person to whom a function or power is delegated under this section shall not delegate that function or power. (3) A function or power so delegated when performed or exercised by the delegate, shall, for the purposes of this Act, be deemed to have been performed or exercised by the legal aid committee. [(4) deleted] (5) In making any delegation under this section a legal aid committee shall have regard to the guidelines determined by the Commission pursuant to section 15(1)(f). [Section 28 amended: No. 60 of 1977 s. 16; No. 90 of 1986 s. 10.] 29. Validity of acts of legal aid committees No act, proceeding or determination of a legal aid committee shall be invalid on the ground only of any vacancy in the office of any member of the committee or of any defect in the appointment of any member of the committee. Part V — Provision of legal assistance Division 1 — Provision of legal assistance by Commission 30. Advertising of services The Commission may, by published advertisement or otherwise, bring the services provided by the Commission to the attention of members of the public or of particular persons or classes of persons. 31. Name or names to be used by Commission in providing services The services provided by the Commission may be advertised and provided under the name of the Commission or under such other name or names as the Attorney General may, on the recommendation of the Commission, approve. 32. Commission may assist persons in matters affecting the State etc. Legal assistance may be provided under this Act (including legal assistance involving the performance of legal services by the Director or legal practitioners who are members of the staff) to a person in relation to any matter notwithstanding that the interests of that person are, or may be, adverse to the interests of the State or the Commonwealth, the interests of an authority or body established for a public purpose by a law of the State or the Commonwealth or the interests of an incorporated company in which the State, the Commonwealth or such an authority or body has an interest. [Section 32 amended: No. 21 of 2008 s. 674(16).] Division 2 — Legal aid by duty counsel and legal advice 33. Provisions of legal advice and duty counsel services The Commission may provide legal assistance by way of — (a) legal aid given by a legal practitioner acting as duty counsel at any court; or (b) legal advice, to any person. [Section 33 amended: No. 21 of 2008 s. 674(17).] 34. Charges and payment to Fund (1) Legal assistance provided under this Division may be provided free of charge or on the payment by the assisted person of a fixed charge determined by the Commission. (2) All charges paid to the Commission under this section shall be credited to the Fund. [Section 34 amended: No. 49 of 1996 s. 64.] Division 3 — Legal aid generally 35. Term used: legal aid In this Division — legal aid does not include legal aid given by a legal practitioner acting as duty counsel at any court. [Section 35 amended: No. 21 of 2008 s. 674(18).] 36. Application for legal aid (1) An application for legal aid in respect of a matter shall be in writing in the form approved by the Commission for use in relation to such a matter and may be lodged at any office of the Commission. (2) Subject to subsection (4), an application for legal aid shall, in accordance with the directions of the Commission under subsection (3), be decided by a legal aid committee, by the Director or by a member of the staff authorised by the Director to decide applications for legal aid. (3) The Commission shall give directions as to — (a) the classes of cases in which applications for legal aid shall be decided by a legal aid committee; and (b) the classes of cases in which such applications shall be decided by the Director or by a member of the staff authorised by the Director under subsection (2). (4) The Commission may, notwithstanding anything in this section, at any time itself refuse any application for legal aid. [Section 36 inserted: No. 60 of 1977 s. 17; amended: No. 126 of 1982 s. 8; No. 90 of 1986 s. 11.] 37. Provision of legal aid [(1) deleted] (2) Subject to subsections (4c) and (4d), legal aid may be provided to a person under this Act if, and only if — (a) the person is in need of that legal aid by reason that he is unable to afford the full cost of obtaining from private practitioners the legal services in respect of which the legal aid is sought; and (b) it is reasonable in all the circumstances to provide the legal aid. (3) In the making of a decision whether a person is in need of legal aid by reason that he is unable to afford the full cost of obtaining from private practitioners the legal services in respect of which the legal aid is sought, a legal aid authority shall have regard to all relevant matters including — (a) the income of the person; and (b) the cash that is readily available to the person or can be made so available; and (ba) moneys or other financial resources — (i) in which the person has any legal or equitable interest; or (ii) over which the person has any direct or indirect control; or (iii) to which the person has, or could reasonably be expected to have, access; and (c) the debts, liabilities and other financial obligations of the person; and (d) the cost of living in the locality where the person resides; and (e) the cost of obtaining the legal services from private practitioners; and (f) any other matter affecting the ability of the person to meet the cost of obtaining the services from private practitioners. (3a) In the making of a decision whether a person is in need of legal aid by reason that he is unable to afford the full cost of obtaining from private practitioners the legal services in respect of which the legal aid is sought, a legal aid authority shall not have regard — (a) where the person is a child for whom the CEO has parental responsibility under the Children and Community Services Act 2004, to the resources of the Department that are capable of being applied for the provision of legal aid to the person; (b) in any case, including the case of a person referred to in paragraph (a), to the resources of any department, instrumentality or agency of the Crown, in right of the State or the Commonwealth, that are capable of being applied for the provision of legal aid to the person. (3b) In subsection (3a)(a) — CEO, child and Department have the meaning given to those terms in section 3 of the Children and Community Services Act 2004. (4) In deciding whether it is reasonable in all the circumstances to provide legal aid to a person in respect of a matter a legal aid authority shall, subject to any direction given and in force under subsection (4a), have regard to all relevant factors including — (a) whether or not the matter relates to a problem the solution to which may be obtained by representation within the field of normal legal practice; (b) whether or not the matter is one in respect of which a practical or material benefit or gain may accrue to the person or a practical or material detriment or loss may be suffered by the person; (c) the likely cost to the Fund of providing the legal aid and whether or not the outlay of that cost is justified having regard to — (i) the benefit or gain that may accrue to the person or the detriment or loss that may be suffered by the person in respect of the matter; and (ii) the moneys for the time being standing to the credit of the Fund for the provision of legal aid; and (iii) the number, nature and relative merits of other applications for legal aid that have been made, or are reasonably expected to be made; (d) in the case of legal aid in relation to proceedings — (i) whether or not the proceedings are likely to be determined in a manner favourable to the person; and (ii) whether or not, in the ordinary course of practice, a client who was not in financial need of legal aid would, notwithstanding the possible costs of a litigation, be advised to take or defend the proceedings, as the case may be. (4a) The Commission may, having regard to the amount of the moneys standing to the credit of the Fund available for the provision of legal assistance and to the financial commitments of the Commission from time to time, direct that a legal aid authority shall not under subsection (4) have regard to any factor specified in that direction in deciding whether it is reasonable in all the circumstances to provide legal aid to a person in a matter of a class specified in that direction. (4b) In deciding under subsection (2) whether to provide legal aid to a person, a legal aid authority may have regard to, and may refuse to provide legal aid because of, the apparent financial circumstances and standard of living of the person. (4c) Where — (a) in relation to proceedings in a state that is a Contracting State within the meaning of the Convention on International Access to Justice (signed at The Hague on 25 October 1980), a person makes application under this Act for legal assistance for the purpose of a matter to which Article 13 of that Convention applies; and (b) a legal aid authority is satisfied that, in accordance with Article 1 of that Convention, the person has been granted or has received legal aid for those proceedings, legal aid shall, notwithstanding any other provision of this Act, be provided to the person for that purpose in accordance with Article 13 of that Convention. (4d) The Attorney General may, by notice in writing, authorise a legal aid authority to provide legal aid to a person specified in the notice, or to a person in a class of persons specified in the notice, without making a decision as to whether the person is a person referred to in subsection (2)(a). (4e) The Attorney General may, by notice in writing, vary or revoke an authorisation given under subsection (4d). (4f) A notice under subsection (4d) or (4e) is to be given to the Director. (4g) The annual report submitted by the accountable authority of the Commission under the Financial Management Act 2006 Part 5 is to include particulars of — (a) the number of notices of authorisation given to the Director under subsection (4f); and (b) the amount of monies paid out of the Fund as a result of those authorisations. (5) Where, after legal services have been performed or partly performed by a private practitioner on behalf of a person in relation to a matter, — (a) that person makes an application for legal aid in relation to that matter; and (b) a legal aid authority decides that legal aid should be provided in relation to that matter, any services so performed or partly performed by that private practitioner on or after such date as the legal aid authority specifies (being a date not more than 30 days before the making of the application) shall be regarded as having been performed by way of legal aid under this Act. [Section 37 amended: No. 60 of 1977 s. 18; No. 126 of 1982 s. 9; No. 90 of 1986 s. 12; No. 49 of 1996 s. 64; No. 34 of 2004 Sch. 2 cl. 17(2) and (3); No. 27 of 2006 s. 4; No. 77 of 2006 Sch. 1 cl. 96(1).] 38. Allocation of legal aid between private practitioners and staff (1) If a legal aid authority decides that legal aid should be provided to a person under this Act, the legal aid authority shall determine whether the legal services involved in providing that legal aid shall be performed by — (a) a private practitioner; or (b) a legal practitioner who is an officer of the Commission. (2) In making a determination pursuant to subsection (1) a legal aid authority shall, so far as practicable, apply the guidelines determined by the Commission pursuant to paragraph (g) of section 15(1) and shall, in any event, have regard to the matters mentioned in subparagraphs (i), (ii), (iii) and (iv) of that paragraph. [Section 38 amended: No. 60 of 1977 s. 19; No. 126 of 1982 s. 10; No. 90 of 1986 s. 13; No. 73 of 1992 s. 7; No. 21 of 2008 s. 674(19).] 39. Nature and conditions of legal aid (1) Where a legal aid authority decides that legal aid should be provided to a person under this Act — (a) the nature and extent of the legal aid to be provided shall also be decided by the legal aid authority; and (b) the legal aid authority may, having regard to the matters mentioned in section 37(3), decide that the legal aid shall be provided free of charge or that it shall be provided subject to such conditions as the legal aid authority considers appropriate and, without limiting the generality of the foregoing, may be provided subject to all or any of the following conditions, that is to say — (i) a condition that, on demand by the Commission, the assisted person shall pay to the Commission, or arrange for the Commission to be paid, the whole or any part of the cost of providing the legal aid; (ii) a condition that, on demand by the Commission, the assisted person shall make or arrange a payment or payments to the Commission in respect of any out‑of‑pocket expenses incurred, or to be incurred, in providing the legal aid; (iii) a condition that, on demand by the Commission, the assisted person shall grant and execute a mortgage, bill of sale, debenture, charge or other security over land or other property to secure the payment of the whole or any part of the cost of providing the legal aid; (iv) without limiting subparagraph (iii), a condition that the payment of the whole or any part of the cost of providing the legal aid is to be secured by a charge on land registered under section 44A; (v) a condition that if the assisted person receives an amount under the judgment or verdict in proceedings arising out of a matter in respect of which the legal aid is provided or as a result of a settlement or compromise of such proceedings, the assisted person shall, on demand by the Commission, pay to the Commission an amount determined by the Director. (1a) A condition of the kind mentioned in subsection (1)(b)(v) may be imposed and enforced notwithstanding the Legal Profession Uniform Law (WA) Part 4.3 Division 4. (2) A decision to provide legal aid to a person under this Act may be varied at any time so as to — (a) terminate the provision of that legal aid; (b) alter the nature or extent of that legal aid; (c) impose a condition mentioned in subsection (1)(b) on the provision of that legal aid or vary such a condition previously imposed on the provision of that legal aid, and may be so varied — (d) in a case when the decision was made by a legal aid committee (or by a review committee on the review of a decision of a legal aid committee) — by a legal aid committee; (e) in a case where the decision was made by an officer of the Commission (or by a review committee on the review of a decision of an officer of the Commission) —by the Director or by a member of the staff authorised by the Director to vary such decisions; (f) in a case where the decision was made under section 49A(2) — by the legal aid authority which made the original decision in the matter reviewed; or (g) in any case — by the Commission. (3) Without limiting the rights of the Commission under a security referred to in subsection (1)(b)(iii), if a person who is or has been an assisted person has not paid an amount payable by way of a payment under subsection (1)(b)(i) or (ii), the amount is recoverable by the Commission by action in a court of competent jurisdiction as a debt due and payable to the Commission. (4) A certificate of the Director that an amount is due and payable by way of a payment under subsection (1)(b)(i) or (ii) is prima facie evidence that the amount stated in the certificate is due and payable to the Commission. (5) Any amount paid or recovered under this section shall be credited to the Fund. [Section 39 amended: No. 60 of 1977 s. 20; No. 126 of 1982 s. 11; No. 90 of 1986 s. 14; No. 73 of 1992 s. 8; No. 49 of 1996 s. 64; No. 65 of 2003 s. 47(5); No. 21 of 2008 s. 674(20); No. 9 of 2022 s. 379.] 40. Assisted persons to have private practitioners of their choice (1) Subject to the succeeding provisions of this section, where it is determined pursuant to section 38(1) that legal services shall be performed on behalf of an assisted person by a private practitioner, the assisted person is entitled to select the private practitioner from a panel of names of private practitioners prepared by the Commission pursuant to this section. (1a) If an assisted person exercises his right to select a private practitioner under subsection (1) and the legal aid authority by which the decision to provide legal aid to the assisted person was made considers that the selection so made is not in the interests of the assisted person, that legal aid authority may set aside the selection so made and select on behalf of that assisted person another private practitioner from a panel of names prepared under this section. (2) Where an assisted person does not wish to exercise his right to select a private practitioner pursuant to subsection (1) the legal aid authority by which the decision to provide legal aid to the assisted person was made shall, on his behalf, select a private practitioner from a panel of names prepared pursuant to this section. (3) In selecting a private practitioner pursuant to subsection (1a) or (2) the paramount consideration shall be the interests of the assisted person but, subject to that consideration, legal aid authorities shall allocate work equitably amongst private practitioners named on panels prepared pursuant to this section. (4) The selection of a private practitioner pursuant to subsection (1), (1a) or (2) does not — (a) affect the rights of the selected private practitioner to refuse instructions, to engage a private practitioner as agent or, on reasonable grounds, to entrust a matter or part of matter to another private practitioner; or (b) permit the selected private practitioner, if shown on the panel of names as a partner or director of a law practice, to act otherwise than in the name of the law practice; or (c) permit the selected private practitioner, if shown on the panel of names as an employee of a law practice, to act otherwise than in the name of that law practice. (5) The Commission shall, out of those private practitioners who have notified it of their willingness to act for persons receiving legal aid, prepare and maintain panels of names of private practitioners for the purposes of this section and the panels may be so prepared as to give effect to the preferences expressed by practitioners for the several branches of the law, types of practice, courts, or areas of the State. (6) Subject to subsection (7) the Commission may exclude or remove the name of a private practitioner from the panels of names prepared pursuant to this section or may include it with limitations as to the nature of the legal aid the practitioner is permitted to give. (6a) In making an exclusion, removal or limitation of a private practitioner under subsection (6) the Commission may have regard to any — (a) order or finding of fact relating to that practitioner made by the Legal Practice Board or the State Administrative Tribunal under the Legal Profession Uniform Law (WA) Part 5.4; or (b) order relating to that practitioner made by the Supreme Court under the Legal Profession Uniform Law (WA) section 23 or 461 or finding of fact made by the Court in the course of making that order. (7) Before making any such exclusion, removal or limitation as is mentioned in subsection (6) in relation to a private practitioner the Commission shall — (a) give written notice to the private practitioner setting out its reasons for the proposed exclusion, removal or limitation; and (b) afford the private practitioner a reasonable opportunity to be heard and to show cause why the exclusion, removal or limitation should not be made. (8) A private practitioner aggrieved by any such exclusion, removal or limitation as is mentioned in subsection (6) may, within 6 months after the receipt, in the ordinary course of post, of the notice mentioned in that subsection, apply to the Supreme Court, by way of originating summons, for an order setting aside the exclusion, removal or limitation; and the Supreme Court may, as it thinks fit, — (a) grant the application, subject to conditions or unconditionally; or (b) postpone the making of an order with liberty to apply; or (c) dismiss the application, and, subject to the right, hereby conferred, of the practitioner, where his application is dismissed, to make a further application, at any time after 6 months from the date of the dismissal, the decision of the Supreme Court is final and conclusive. (8a) Where, under subsection (6), the Commission has excluded or removed the name of a private practitioner from a panel of names prepared pursuant to this section the Commission may, by notice in writing to the practitioner, direct that he cease to perform legal services under this Act — (a) with respect to a particular matter; or (b) on behalf of a particular assisted person; or (c) on behalf of assisted persons generally. (9) A private practitioner who is a member, or the deputy of a member, of the Commission, a member of a legal aid committee, a member or substitute member of a review committee or a member of a consultative committee is, subject to this section, entitled to have his name included in a panel of names prepared pursuant to this section and is entitled to perform legal services by way of legal assistance under this Act. [Section 40 amended: No. 60 of 1977 s. 21; No 126 of 1982 s. 12; No. 90 of 1986 s. 15; No. 65 of 2003 s. 47(6); No. 74 of 2003 s. 75(4); No. 45 of 2004 s. 37; No. 21 of 2008 s. 674(21) and (22); No. 9 of 2022 s. 380.] 41. Private practitioners not to accept certain payments (1) Where a private practitioner performs or has performed legal services on behalf of an assisted person he shall not accept any payment for performing those services other than the payment or payments to which he is entitled under section 14(1) or under an agreement under section 14(1a). (2) Notwithstanding subsection (1) a private practitioner may accept other payments in respect of legal services performed for an assisted person if acceptance of the payments is approved by the Director and any conditions imposed by the Director in relation to the approval are complied with. [Section 41 amended: No. 73 of 1992 s. 9.] 42. Disbursements in connection with legal aid (1) Except where the Director considers that those disbursements and out‑of‑pocket expenses should be made and met directly out of moneys standing to the credit of the Fund, a private practitioner performing legal services on behalf of an assisted person shall, in the first instance, — (a) make all disbursements other than counsel fees; and (b) meet all out‑of‑pocket expenses, approved in accordance with section 14 and incurred in or in connection with the performance of those services. (2) Nothing in subsection (1) authorises disbursements or out‑of‑pocket expenses to be met directly from moneys standing to the credit of the Fund unless the private practitioner would have been entitled to reimbursement in respect of them under section 14(1) or under an agreement under section 14(1a). [Section 42 amended: No. 90 of 1986 s. 16; No. 73 of 1992 s. 10; No. 49 of 1996 s. 64.] 43. Costs for and against assisted persons (1) For the purpose of making any order for costs or the determination of any entitlement to costs in a proceeding before a court or tribunal to which an assisted person is a party, that person shall be deemed to be liable to pay the ordinary professional costs of the legal services provided to him in or in connection with that proceeding and any disbursements (including counsel fees) and out‑of‑pocket expenses incurred in or in connection with the provision of those services. (2) The circumstances of a party to a proceeding being an assisted person does not affect the rights or liabilities of any other party to the proceeding, or affect the principles on which the discretion of a court or tribunal is ordinarily exercised, on the question of costs; and costs may be awarded against an assisted person as though he were not assisted. 44. Recovery of costs by Commission from successful assisted person (1) Where an amount is recoverable by a person who is or has been an assisted person — (a) under an order for the payment of costs to the person made in proceedings arising out of a matter in which legal aid has been given; or (b) under the judgment or verdict given in proceedings referred to in paragraph (a) or as a result of a settlement or compromise of such proceedings, the person is liable to pay to the Commission so much of that amount as the Director, having regard to the guidelines determined by the Commission pursuant to section 15(1)(i), determines but the amount so determined by the Director shall not exceed the amount by which the sum of — (c) the ordinary professional costs (including solicitor and client costs) of the legal services provided to the person in the proceedings or matter in respect of which legal aid was provided; and (d) any disbursements (including counsel fees) and out‑of‑pocket expenses approved in accordance with section 14 and incurred in or in connection with the provision of those services, exceeds any amount or the sum of any amounts paid by or recovered from the person under section 39. (2) If a person who is or has been an assisted person has not paid an amount payable pursuant to a determination made under this section the amount is recoverable by the Commission by action in a court of competent jurisdiction as a debt due and payable to the Commission. (3) A certificate of the Director that an amount is due and payable pursuant to a determination made under this section is prima facie evidence that the amount stated in the certificate is due and payable to the Commission. (4) Any amount paid or recovered under this section shall be credited to the Fund. [Section 44 amended: No. 90 of 1986 s. 17; No. 49 of 1996 s. 64.] 44A. Registration of charge to secure costs of legal aid (1) If, under section 39(1)(b)(iv), legal aid is granted subject to a condition that legal costs payable to the Commission by the assisted person are to be