Selection of practitioner
30 Selection of practitioner
S. 30(1) substituted by No. 14/1994 s. 5, amended by Nos 48/1995 s. 10(q)(ii), 35/1996 s. 453(Sch. 1 item 47.6(a)), 44/1997 s. 20(1), substituted by No. 18/2005 s. 18(Sch. 1 item 57.15).
If—
legal services are to be performed on behalf of an assisted person by a private legal practitioner; and
VLA has not assigned the conduct of the assisted person's case to a private legal practitioner chosen after VLA called for tenders to conduct the case; and
VLA has not under section 29B assigned the conduct of the assisted person's case to a private law practice or private legal practitioner included on a panel established under section 29A—
the assisted person is entitled to select a private law practice from the names on a referral panel.
S. 30(2) amended by Nos 48/1995 s. 10(q)(ii), 35/1996 s. 453(Sch. 1 item 47.6(a)), substituted by No. 18/2005 s. 18(Sch. 1 item 57.15).
If an assisted person does not wish to exercise the right to select a private law practice under subsection (1), VLA must, on that person's behalf, select a private law practice from the names on a referral panel.
S. 30(3) amended by Nos 48/1995 s. 10(q)(ii), 35/1996 s. 453(Sch. 1 item 47.6(a) (b)), substituted by No. 18/2005 s. 18(Sch. 1 item 57.15).
In selecting a private law practice under subsection (2), the paramount consideration is the interests of the assisted person but, subject to that consideration, VLA must allocate work equitably amongst the private law practices named on referral panels.
S. 30(4) amended by Nos 61/1989 s. 9(1)(a), 48/1995 s. 10(q)(ii), 35/1996 s. 453(Sch. 1 item 47.6(a)(c)), substituted by Nos 93/1998 s. 7, 18/2005 s. 18(Sch. 1 item 57.15).
A private law practice may apply to VLA for inclusion on a referral panel.
S. 30(5) amended by Nos 48/1995 s. 10(q)(ii), 35/1996 s. 453(Sch. 1 item 47.6(d)(i) (ii)), substituted by Nos 93/1998 s. 7, 18/2005 s. 18(Sch. 1 item 57.15).
A private law practice is not eligible to apply under subsection (4) during any period—
for which the private law practice is disqualified from applying in accordance with this section; or
of removal under subsection (10) or (11).
S. 30(6) amended by No. 35/1996 s. 453(Sch. 1 item 47.6(a) (e)), substituted by Nos 93/1998 s. 7, 18/2005 s. 18(Sch. 1 item 57.15).
On receiving an application under subsection (4), VLA may—
accept the application and include the name of the private law practice on a referral panel; or
subject to subsection (14), refuse the application and may disqualify the private law practice from making another application under subsection (4) for a specified period.
S. 30(7) amended by No. 44/1997 s. 20(2), substituted by Nos 93/1998 s. 7, 18/2005 s. 18(Sch. 1 item 57.15).
VLA must prepare and maintain panels of names of private law practices from the names of the private law practices that have applied under subsection (4) and been accepted for inclusion.
S. 30(8) amended by Nos 61/1989 s. 9(1)(f)(i)(ii), 48/1995 s. 10(q)(ii), 35/1996 s. 453(Sch. 1 item 47.6(a) (f)(i)(ii), substituted by Nos 93/1998 s. 7, 18/2005 s. 18(Sch. 1 item 57.15).
If the name of a private law practice is included on a referral panel, the names of all the private legal practitioners who are partners, directors or employees of the private law practice are, by force of this subsection, also included on the panel, except the name of any of those legal practitioners that has been removed under this section.
S. 30(9) amended by Nos 61/1989 s. 9(1)(g), 48/1995 s. 10(q)(ii)(iii), 35/1996 s. 453(Sch. 1 item 47.6(a) (g)(h)), substituted by No. 93/1998 s. 7.
If the name of a sole practitioner is included on a referral panel, the names of all the practitioners who are employed by the sole practitioner are, by force of this subsection, also included on the panel, except the name of any of those practitioners employed by the sole practitioner which has been removed under this section.
S. 30(9A) inserted by No. 61/1989 s. 9(1)(h), amended by No. 35/1996 s. 453(Sch. 1 item 47.6(i)), repealed by No. 93/1998 s. 7.
* * * * *
S. 30(10) amended by Nos 61/1989 s. 9(1)(i), 48/1995 s. 10(q)(ii), 35/1996 s. 453(Sch. 1 item 47.6(j)(i)(ii), substituted by Nos 93/1998 s. 7, 18/2005 s. 18(Sch. 1 item 57.16).
Subject to subsection (15), VLA may remove from a referral panel for a specified period the name of—
any private law practice; or
any private legal practitioner who is a partner, director or employee of a private law practice.
S. 30(11) amended by Nos 61/1989 s. 9(1)(j), 35/1996 s. 453(Sch. 1 item 47.6(a)(k)), substituted by Nos 93/1998 s. 7, 18/2005 s. 18(Sch. 1 item 57.16).
Without limiting VLA's powers to refuse an application made under subsection (4) or remove a name from a referral panel, VLA may—
refuse an application made under subsection (4) or remove from a referral panel the name of a private law practice if the name of a private legal practitioner who is a partner, director or employee of the private law practice is removed from the panel;
remove from a referral panel the name of any private law practice that habitually takes an excessive time to defend persons charged with criminal offences.
S. 30(12) amended by Nos 57/1989 s. 3(Sch. item 115.2), 61/1989 s. 9(1)(k), 48/1995 s. 10(q)(ii), 44/1997 s. 17(4)(a), substituted by Nos 93/1998 s. 7, 18/2005 s. 18(Sch. 1 item 57.16).
VLA may amend a referral panel—
to remove the name of any private law practice that, or private legal practitioner who, has ceased to practise; or
to record any change in name of a private law practice or private legal practitioner; or
to remove a name in accordance with a request under subsection (13).
S. 30(13) amended by No. 44/1997 s. 17(4)(b)(i)(ii), substituted by Nos 93/1998 s. 7, 18/2005 s. 18(Sch. 1 item 57.16).
A private law practice or a private legal practitioner may, by writing to VLA, request that their name be removed from a referral panel and VLA must comply with that request.
S. 30(14) amended by Nos 48/1995 s. 10(q)(ii), 44/1997 s. 17(4)(c)(i)(ii), substituted by No. 93/1998 s. 7.
Before refusing an application made under subsection (4), VLA must—
give written notice to the applicant setting out—
the reasons for the proposed refusal; and
the period of any proposed disqualification; and
afford the applicant a reasonable opportunity to be heard and show cause why the application should not be refused or the disqualification should not be made.
S. 30(15) amended by Nos 61/1989 s. 9(1)(l), 48/1995 s. 10(q)(ii), 35/1996 s. 453(Sch. 1 item 47.6(l)), 44/1997 s. 17(4)(d), substituted by Nos 93/1998 s. 7, 18/2005 s. 18(Sch. 1 item 57.17).
Before removing a name from a referral panel under subsection (10) or (11), VLA must—
give written notice to the private law practice or private legal practitioner concerned setting out the reasons for the proposed removal; and
afford them a reasonable opportunity to be heard and show cause why the removal should not be made.
S. 30(16) amended by No. 44/1997 s. 17(4)(e)(i)(ii), substituted by Nos 93/1998 s. 7, 18/2005 s. 18(Sch. 1 item 57.17).
A notice given to a private law practice under subsection (14) or (15) may be given to any principal of the practice.
S. 30(16A) inserted by No. 93/1998 s. 7.
If a person wishes to be heard in accordance with subsection (14) or (15), the panel chairperson must appoint an independent reviewer to hear and determine the matter of the refusal, removal or disqualification.
S. 30(16B) inserted by No. 93/1998 s. 7.
Subject to this Act and the regulations (if any), in hearing and determining a matter under this section the reviewer—
may consider any relevant matters as grounds for removal, refusal or disqualification and is not limited to consideration of the grounds set out in the notice provided by VLA under subsection (14)(a) or (15)(a);
may—
confirm, vary or refuse to confirm the proposed removal, refusal or disqualification; or
substitute his or her own determination for the proposed removal, refusal or disqualification—
and make a determination accordingly;
may regulate his or her own proceedings.
S. 30(16C) inserted by No. 93/1998 s. 7.
The independent reviewer must determine a matter under this section as expeditiously as possible after the end of the hearing.
S. 30(16D) inserted by No. 93/1998 s. 7.
After hearing the matter, the independent reviewer must advise VLA of his or her determination.
S. 30(16E) inserted by No. 93/1998 s. 7.
An independent reviewer must keep records of his or her determinations and proceedings under this section.
S. 30(16F) inserted by No. 93/1998 s. 7, amended by No. 18/2005 s. 18(Sch. 1 item 57.18).
VLA must give notice of its decision under subsection (6)(b), (10) or (11) or the determination of the independent reviewer under subsection (16A) to the private law practice or private legal practitioner concerned.
S. 30(17) amended by Nos 48/1995 s. 10(q)(i)(ii), 44/1997 s. 15(1).
An action does not lie against any director of the board any officer or employee of VLA or any member of a legal aid review committee on account of any proceedings taken or thing said or done in the course of or in relation to any proceedings or hearing under this section before the commencement of section 17(4) of the Law and Justice Legislation Amendment Act 1997 or, in the case of a member of a legal aid review committee, after that commencement in accordance with section 51.
S. 30(17A) inserted by No. 44/1997 s. 15(2).
A director or officer or employee of VLA or an independent reviewer is not personally liable for anything done or omitted to be done in good faith after the commencement of section 17(4) of the Law and Justice Legislation Amendment Act 1997—
in the exercise of a power or the discharge of a duty under this section; or
in the reasonable belief that the act or omission was in the exercise of a power or the discharge of a duty under this section.
S. 30(17B) inserted by No. 44/1997 s. 15(2).
Any liability resulting from an act or omission that would, but for subsection (17A), attach to a director or officer or employee of VLA or to an independent reviewer attaches instead to VLA.
S. 30(18) amended by Nos 61/1989 s. 9(1)(m), 35/1996 s. 453(Sch. 1 item 47.6(m)), substituted by No. 93/1998 s. 8.
A decision of VLA or a determination of an independent reviewer under this section is final and not subject to appeal.
S. 30(18A) inserted by No. 93/1998 s. 8
Nothing in subsection (18) prevents the taking of proceedings—
seeking the grant of any relief or remedy in the nature of certiorari, prohibition, mandamus or quo warranto or the grant of a declaration or an injunction; or
seeking any order under the Administrative Law Act 1978—
in respect of any decision of VLA or determination of an independent reviewer under this section.
In this section—
S. 30(19) def. of firm of solicitors substituted by No. 61/1989 s. 9(1)(n), substituted by def. of firm by No. 35/1996 s. 453(Sch. 1 item 47.6(n)(i)), repealed by No. 18/2005 s. 18(Sch. 1 item 57.19(a)).
* * * * *
S. 30(19) def. of participating employee inserted by No. 61/1989 s. 9(1)(n), repealed by No. 35/1996 s. 453(Sch. 1 item 47.6(n) (ii)).
* * * * *
S. 30(19) def. of referral panel amended by No. 18/2005 s. 18(Sch. 1 item 57.19(b)).
referral panel means a panel prepared under subsection (7);
S. 30(19) def. of sole practitioner repealed by No. 35/1996 s. 453(Sch. 1 item 47.6(n) (ii)).
* * * * *
S. 30A inserted by No. 93/1998 s. 9.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.