Legal Aid Act 1977

The granting under this Act of an application by a person for legal assistance, other than legal assistance to which section 30 (1) applies, may be on the basis that the assistance will be provided without charge or may be subject to all or any of the following conditions:

a condition that the person pays to the commission a contribution of an amount towards the cost to the commission of providing the assistance;

a condition that the person makes a payment or payments to the commission in respect of any out-of-pocket expenses incurred, or to be incurred, by the commission in providing the assistance;

a condition that the payment of an amount required to be paid by the person under this subsection, together with interest, be secured by a charge under section 31A on land of the person.

An amount required to be paid by a legally assisted person under this section—

may be varied by the commission after the grant of assistance because of a change to a relevant matter; and

Section 28 (3) mentions matters that may be considered relevant by the commission.

must be paid in the way that the commission directs.

A direction under subsection (2) (b) may require that an amount be paid to the commission by the legally assisted person’s private legal practitioner out of money recoverable on behalf of the person.

If a person who is or has been a legally assisted person has not paid an amount payable by the person to the commission 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.

If—

the commission has directed that an amount be paid by the legally assisted person’s private legal practitioner to the commission out of money recoverable by the practitioner on behalf of the person; and

the commission has notified the practitioner of its direction; and

the practitioner recovers an amount on behalf of the legally assisted person;

if the amount recovered is less than the amount referred to in paragraph (a)—an amount equal to the amount recovered; or

in any other case—an amount equal to the amount referred to in paragraph (a).

An amount payable by a private legal practitioner under subsection (5) is a debt due and payable to the commission by the practitioner and recoverable in a court of competent jurisdiction.

An amount paid by or recovered from a legally assisted person’s private legal practitioner under this section shall be taken, for subsection (4), to have been paid by the legally assisted person.