Division 2 Functions of the Commission

10   Functions of the Commission

(1)  The principal function of the Commission is to provide legal aid and other legal services in accordance with this Act.

(2)  The Commission in the exercise of its principal function may:

(a)  determine:

(i)  the persons or classes of persons in respect of whom legal aid may be granted, and

(ii)  the matters or classes of matters in respect of which legal aid may be granted,

(b)  determine priorities in the provision of legal aid as between:

(i)  different persons or different classes of persons, and

(ii)  different matters or different classes of matters,

(c)  (Repealed)

(d)  specify principles, including the imposition of means tests, to be applied in determining applications for legal aid,

(e)  specify the circumstances, if any, in which contributions shall be paid by legally assisted persons and the means of calculating any such contributions,

(f)  establish and conduct such local offices as it considers appropriate,

(g)  liaise and co-operate with persons engaged or interested in the provision, in New South Wales or elsewhere, of legal aid otherwise than under this Act,

(g1)  (Repealed)

(h)  give assistance and make grants, on such terms and conditions as it thinks fit, to persons or bodies within New South Wales for the provision by those persons or bodies of legal aid,

(i)  enter into agreements for the provision of legal aid to citizens of New South Wales in proceedings outside New South Wales with bodies which exercise, outside New South Wales, functions similar to those of the Commission,

(j)  bring to the attention of the public, by publishing advertisements or otherwise, the services provided by the Commission,

(k)  collect and publish information in respect of the functions of the Commission and in respect of other schemes of legal aid provided in New South Wales,

(l)  undertake research into all aspects of legal aid including the investigation and assessment of different methods of financing and providing legal aid,

(m)  initiate and carry out educational programmes designed to promote an understanding by the public, or by sections of the public, of their rights, powers, privileges and duties under the laws of New South Wales, and

(n)  make reports and recommendations to the Minister on such matters relating to the functions of the Commission as the Minister requests or as the Commission considers appropriate.

(3)  The Commission may exercise such other functions as are conferred or imposed on it by or under this or any other Act.

(4)  The Commission may do all such supplemental, incidental and consequential acts as may be necessary or expedient for the exercise of its functions.

(5)  However, the Commission cannot employ any staff.

Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Commission to exercise its functions.

11   Provision of legal aid

(1)  Legal aid may be provided by the Commission by such means as it may determine, including any one or more of the following means:

(a)  by arranging for the services of private legal practitioners to be made available, wholly or partly at the expense of the Commission,

(b)  by making available the services of the Chief Executive Officer or members of staff of the Commission, or

(c)  by arranging for the services of the Public Defenders to be made available.

(2)  Nothing in this Act prevents the Commission from providing, to a patient within the meaning of the Mental Health Act 2007, aid in respect of any matter, whether of a legal nature or not, by arranging for the services of persons approved by the Commission, whether or not those persons are private legal practitioners.

(3)  Except as provided by subsection (2), this Act applies to and in respect of the provision of legal aid by a person approved by the Commission under that subsection in the same manner as it applies to and in respect of the provision of legal aid by a private legal practitioner.

11A   Provision of legal advice only

To remove any doubt, it is declared that the giving of legal advice to a person constitutes the giving of legal aid if the person is given legal advice and no other form of legal aid. However, Part 3 does not apply to the giving of that advice.

12   Duties to be observed in the provision of legal aid

In respect of the provision of legal aid, the Commission shall:

(a)  ensure that legal aid is provided in the most effective, efficient and economical manner,

(b)  have regard to the need for legal aid to be readily available and easily accessible to disadvantaged persons throughout New South Wales,

(c)  ascertain and keep under review community needs in relation to legal aid,

(d)  liaise with professional bodies representing private legal practitioners and, where appropriate, use the services of private legal practitioners in the provision of legal aid,

(e)  determine the allocation of legal aid services between the Chief Executive Officer or members of staff of the Commission and private legal practitioners and the principles on which private legal practitioners are to be offered or refused matters on assignment,

(f)  ensure, if work is assigned to a private legal practitioner, that the assignment is made in accordance with principles determined from time to time by the Commission and after consideration of the following:

(i)  the interests of the legally assisted person,

(ii)  any choice expressed by the legally assisted person for a particular private legal practitioner,

(iii)  the fair and reasonable distribution of work among private legal practitioners who are appointed to the relevant panel under Division 2 of Part 3,

      and that the principles so determined by the Commission are publicly notified or available on request,

(g)  ensure, by the assignment of appropriate work, the maintenance of the office of the Public Defenders,

(h)  ensure the co-ordination of legal aid services and the avoidance of any unnecessary duplication in the provision of legal aid services,

(i)  ensure that, except where otherwise expressly provided by this Act, nothing is done by the Commission, the Chief Executive Officer or members of staff of the Commission which may interfere with the relationship between a solicitor acting in the solicitor’s professional capacity and the solicitor’s client, and

(j)  have regard to the desirability of enabling members of staff of the Commission to use and develop their expertise by undertaking, as far as is reasonably practicable, a full range of professional legal work.

(k)  (Repealed)

13   Annual report

(1)  The Commission shall, as soon as practicable after 30th June in each year, prepare and forward to the Minister a report of its work and activities for the year ending on that date and shall include in the report a review of all other legal aid services available in New South Wales.

(2)  The Minister shall lay the report, or cause it to be laid, before each House of Parliament as soon as practicable after the receipt by the Minister of the report.