Private legal practitioner to demand, take or accept payment allowed by the Act
32 Private legal practitioner to demand, take or accept payment allowed by the Act
S. 32(1) amended by No. 10/1986 s. 17(a), substituted by No. 18/2005 s. 18(Sch. 1 item 57.22).
If a private legal practitioner performs or has performed legal services on behalf of an assisted person, he or she must not demand, take or accept any payment for performing those services other than the payment to which the private law practice of which he or she is a principal or employee is entitled under this Act.
- 50 penalty units or imprisonment for 6 months.
S. 32(2) amended by No. 10/1986 s. 17(b)(i)(ii) substituted by Nos 61/1989 s. 11, 38/1992 s. 8, amended by Nos 48/1995 s. 10(s), 93/1998 s. 16(1)(h)(i), 18/2005 s. 18(Sch. 1 item 57.23(a)).
Subject to any legal aid arrangement, VLA may determine scales of payments to be made to private law practices for the performance of services on behalf of assisted persons.
S. 32(2A) inserted by No. 10/1986 s. 17(c), substituted by Nos 61/1989 s. 11, 38/1992 s. 8, amended by No. 18/2005 s. 18(Sch. 1 item 57.23(b)).
The payment to be made to a private law practice for the performance of services on behalf of assisted persons is—
the amount payable under any applicable scale determined pursuant to subsection (2); or
S. 32(2A)(b) amended by No. 48/1995 s. 10(s).
in any matter for which an applicable scale has not been determined, an amount determined by VLA.
S. 32(2B) inserted by No. 10/1986 s. 17(c), repealed by No. 61/1989 s. 11, new s. 32(2B) inserted by No. 38/1992 s. 8, amended by Nos 48/1995 s. 10(s), 35/1996 s. 453(Sch. 1 item 47.8), 18/2005 s. 18(Sch. 1 item 57.23(c)), 17/2014 s. 160(Sch. 2 item 55.4).
VLA must consult the Victorian Legal Services Board and any professional associations that VLA considers it appropriate to consult, before making a determination under subsection (2).
S. 32(2BA) inserted by No. 44/1997 s. 18(1), amended by Nos 93/1998 s. 16(1)(h)(ii), 18/2005 s. 18(Sch. 1 item 57.23(d)).
Despite anything to the contrary in this Act and subject to any legal aid arrangement, VLA may—
S. 32(2BA)(a) amended by No. 18/2005 s. 18(Sch. 1 item 57.23(d)).
determine a limit on the total amount of payments which may be made to a private law practice under this Act for a class of matter or different classes of matters; and
vary (whether by increasing or reducing the amount of a limit) or revoke a determination under paragraph (a)—
and a private law practice is not entitled to any payment in respect of such a matter in excess of a limit determined and in force under this subsection.
S. 32(2C) inserted by No. 38/1992 s. 8, amended by Nos 48/1995 s. 10(s), 18/2005 s. 18(Sch. 1 item 57.23(d)).
Despite subsection (2A), VLA may enter into an agreement with a private law practice to undertake work on behalf of an assisted person for payments which are different from those determined by VLA.
S. 32(3) amended by Nos 48/1995 s. 10(s), 18/2005 s. 18(Sch. 1 item 57.23(e)), 17/2014 s. 160(Sch. 2 item 55.5) (as amended by No. 8/2015 s. 13).
On the application of the assisted person or VLA the bill of costs relating to the performance of those services shall be reviewed in accordance with Part 4.3 of the Legal Profession Uniform Law (Victoria).
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