Corrective Services Act 2006

Divisions 2 to 4 do not apply to an amount that is payable by a protected defendant as legal costs—

under an order for costs made by a court or tribunal against the protected defendant; or

under an agreement about relevant money between the protected defendant and the person in relation to whom the relevant money was awarded (the relevant person); or

for an award of relevant money against the protected defendant that is inclusive of costs, that is reasonably attributable to the legal costs of the relevant person.

The amount reasonably attributable to the legal costs mentioned in subsection (1)(c) is the reasonable amount—

decided by the protected defendant on the basis of a bill for the costs given to the protected defendant by the legal practitioner concerned; and

notified by the protected defendant to the relevant person.

If the relevant person, by written notice to the protected defendant, disputes the protected defendant’s decision, the protected defendant must apply for the assessment of the costs under the Legal Profession Act 2007.

The assessment must be conducted as if the protected defendant were liable to pay the costs as a result of an order for the payment of an unstated amount of costs made by a court.

The costs of the assessment are payable—

if the amount of costs fixed by the costs assessor is at least 10% more than the amount decided by the protected defendant—by the protected defendant; or

otherwise—from the victim trust fund, in priority to all other payments from the fund.

In this section—legal costs means amounts that a person has been or may be charged by, or is or may become liable to pay to, a law practice for the provision of legal services including interest on the amounts, and disbursements and interest on disbursements.