Determinations about funding from Fidelity Fund
388 Determinations about funding from Fidelity Fund
(1) The Attorney-General may determine the payment of an amount from the Fidelity Fund for funding:
(a) for the Law Society, Admission Board, Disciplinary Tribunal, Funds Management Committee and Statutory Supervisor (regulatory authorities) for their costs and expenses of administering this Act; or
for complying community legal centres; or
for a public purpose.
(2) In making a determination, the Attorney-General must have regard to:
a recommendation made by the Funds Management Committee; and
(b) the sufficiency of the Fidelity Fund to meet ascertained and contingent liabilities for defaults to which this Part applies without a levy being imposed under Division 3.
(3) In addition, a determination for funding for regulatory authorities may be made only in accordance with the regulations.
(4) Also, determinations for the Law Society for a financial year must not be less than the total amount paid in the previous financial year for the grant or renewal of local practising certificates.
(5) For subsection (2)(a), the Committee must at least once in each financial year, and may at other times the Committee considers appropriate, make a recommendation to the Attorney-General about the payment of amounts from the Fidelity Fund for funding regulatory authorities.
(6) The Attorney-General must give the Committee written notice of a determination.
The Committee must comply with the determination.
In this section:
community includes a part of the community.
public purpose means any of the following purposes:
to advance the education of the community in relation to the law;
(b) to advance the collection, assessment and dissemination to the community of information relating to the law;
to improve the access of the community to legal services;
(d) to improve the quality, standard and effectiveness of legal services available to the community;
(e) to protect any members of the community using or seeking to use legal services.
This provision refers to the regulations (the regulations
). Made under this Act:
This Act’s bill:Explanatory statementSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.