Commonwealth Numbered Acts

COMMONWEALTH LEGAL AID AMENDMENT ACT 1988 No. 2 of 1988 - SECT 5

5. Parts II and III of the Principal Act are repealed and the following Parts
are substituted:

"PART II-NATIONAL LEGAL AID REPRESENTATIVE COUNCIL Establishment of Council

"4. The Minister may establish a National Legal Aid Representative Council.
Constitution of Council

"5. (1) The Council comprises the following members:

   (a)  the Chairperson of each legal aid commission;

   (b)  the Director of each legal aid commission;

   (c)  the Committee Chairperson;

   (d)  2 persons appointed after consultation between the Minister and the
        Law Council of Australia;

   (e)  2 persons appointed after consultation between the Minister and any
        person, association or body who, in the opinion of the Minister, is
        representative of community legal centres;

   (f)  a person appointed after consultation between the Minister and the
        Australian Council of Social Service;

   (g)  a person who is employed in the Australian Legal Aid Office;

   (h)  a person who is employed by the Commonwealth to administer the
        provision of legal assistance in Australia.

"(2) The Council members shall be appointed by the Minister to hold office on
a part-time basis.

"(3) The Minister shall appoint a Council member to be the Council Chairperson
for the period of 12 months commencing on the day of the appointment.

"(4) The Council may, at a meeting of the Council, recommend to the Minister
that a specified person be appointed as the next Council Chairperson.

"(5) Subject to this Act, a Council member holds office for such period, not
exceeding 3 years, as is specified in the instrument of appointment, but is
eligible for re-appointment.

"(6) The performance of the functions, or the exercise of the powers, of the
Council is not affected merely because of a vacancy or vacancies in the
membership of the Council.

"(7) The Council Chairperson ceases to be the Council Chairperson if he or she
ceases to be a Council member. Functions of Council

"6. The functions of the Council are to advise and make recommendations to the
Minister concerning:

   (a)  the extent of the need for legal assistance in Australia and the most
        effective, economical and desirable means of satisfying that need;

   (b)  the effectiveness and economy of methods used for providing legal
        assistance;

   (c)  legislative or other changes necessary to reduce the need for, or
        increase the effectiveness of, legal assistance;

   (d)  the level of Commonwealth funds to be provided for legal assistance;

   (e)  the effectiveness of the arrangements for the application of
        Commonwealth funds for legal assistance;

   (f)  the funding of community legal centres;

   (g)  community legal education; and

   (h)  any other matter relating to the provision of legal assistance.

"PART III-NATIONAL LEGAL AID ADVISORY COMMITTEE Establishment of Committee

"7. The Minister may establish a National Legal Aid Advisory Committee.
Constitution of Committee

"8. (1) The Committee comprises 7 members who shall be appointed by the
Minister to hold office on a part-time basis.

"(2) The Minister shall appoint a Committee member to be the Committee
Chairperson.

"(3) The Minister shall not appoint a person to be a Committee member unless
the Minister is satisfied that the person has knowledge of, or experience in,
legal assistance matters, or in matters related to the Commonwealth's
involvement in legal assistance matters.

"(4) Subject to this Act, a Committee member holds office for such period, not
exceeding 3 years, as is specified in the instrument of appointment, but is
eligible for re-appointment.

"(5) The performance of the functions, or the exercise of the powers, of the
Committee is not affected merely because of a vacancy or vacancies in the
membership of the Committee.

"(6) The Committee Chairperson ceases to be the Committee Chairperson if he or
she ceases to be a Committee member. Functions of Committee

"9. The functions of the Committee are to advise and make recommendations to
the Minister, either on its own motion or on a request made to it by the
Minister, concerning:

   (a)  the extent of the need for legal assistance in Australia and the most
        effective, economical and desirable means of satisfying that need;

   (b)  the effectiveness and economy of methods used for providing legal
        assistance;

   (c)  legislative or other changes necessary to reduce the need for, or
        increase the effectiveness of, legal assistance;

   (d)  the level of Commonwealth funds to be provided for legal assistance;

   (e)  the effectiveness of the arrangements for the application of
        Commonwealth funds for legal assistance;

   (f)  the funding of community legal centres;

   (g)  community legal education; and

   (h)  any other matter relating to the provision of legal assistance.
                     "PART IIIA-ADMINISTRATIVE PROVISIONS
Interpretation

"10. In this Part:
'member' means a Council member or a Committee member. Remuneration and
allowances

"11. (1) A member shall be paid such remuneration as is determined by the
Remuneration Tribunal, but, if no such determination is in operation, the
member shall be paid such remuneration as is prescribed.

"(2) A member shall be paid such allowances as are prescribed.

"(3) This section has effect subject to the Remuneration Tribunals Act 1973.
Resignation

"12. A member may resign by delivering to the Minister a signed notice of
resignation. Termination of appointment

"13. (1) The Minister may terminate the appointment of a member for
misbehaviour or physical or mental incapacity.

"(2) If a member becomes bankrupt, applies to take the benefit of any law for
the relief of bankrupt or insolvent debtors, compounds with his or her
creditors or makes an assignment of his or her remuneration for their benefit,
the Minister shall terminate his or her appointment.

"(3) If:

   (a)  the Council Chairperson is absent, except with the leave of the
        Minister, from a meeting of the Council;

   (b)  a Council member other than the Council Chairperson is absent, except
        with the leave of the Council Chairperson, from a meeting of the
        Council;

   (c)  the Committee Chairperson is absent, except with the leave of the
        Minister, from 3 consecutive meetings of the Committee; or

   (d)  a Committee member other than the Committee Chairperson is absent,
        except with the leave of the Committee Chairperson, from 3 consecutive
        meetings of the Committee; the Minister shall terminate his or her
        appointment. Meetings of Council

"14. (1) Subject to subsection (2), the Council shall meet once in the period
of 12 months commencing on the day on which the Council is established and
once in each successive period of 12 months.

"(2) The Council may meet more frequently in each period of 12 months
specified in subsection (1) if the Council Chairperson obtains the Minister's
approval for each additional meeting.

"(3) A meeting of the Council shall be convened:

   (a)  by the Council Chairperson; or

   (b)  if the Council Chairperson fails to convene the meeting-by the
        Minister.

"(4) The Council Chairperson shall preside at all meetings of the Council at
which he or she is present.

"(5) If the Council Chairperson is absent from a meeting of the Council, the
Council members present shall appoint one of their number to preside at that
meeting.

"(6) At a meeting of the Council, a quorum is constituted by a majority of the
Council members for the time being holding office as Council members.

"(7) Questions arising at a meeting of the Council shall be determined by a
majority of the votes of the Council members present and voting.

"(8) The person presiding at a meeting of the Council has a deliberative vote
and, in the event of an equality of votes, also has a casting vote. Meetings
of Committee

"15. (1) The Committee shall meet as often as is necessary for the efficient
performance of its functions but shall meet at least twice in the period of 12
months commencing on the day on which the Committee is established and at
least twice in each successive period of 12 months.

"(2) A meeting of the Committee shall be convened by the Committee
Chairperson.

"(3) The Committee Chairperson shall preside at all meetings of the Committee
at which he or she is present.

"(4) If the Committee Chairperson is absent from a meeting of the Committee,
the Committee members present shall appoint one of their number to preside at
that meeting.

"(5) At a meeting of the Committee, a quorum is constituted by a majority of
the Committee members for the time being holding office as Committee members.

"(6) Questions arising at a meeting of the Committee shall be determined by a
majority of the votes of the Committee members present and voting.

"(7) The person presiding at a meeting of the Committee has a deliberative
vote and, in the event of an equality of votes, also has a casting vote.
Acting Committee Chairperson

"16. (1) The Minister may appoint a person (including a Committee member) to
act as Committee Chairperson:

   (a)  during a vacancy in the office of Committee Chairperson (whether or
        not an appointment has previously been made to the office); or

   (b)  during any period, or during all periods, when the Committee
        Chairperson is absent from duty or from Australia or is, for any other
        reason, unable to perform the duties of the office of Committee
        Chairperson; but a person appointed to act during a vacancy shall not
        continue so to act for more than 12 months.

"(2) The Minister may terminate an appointment at any time. Disclosure of
interests

"17. (1) A member who has a direct or indirect pecuniary interest in a matter
being considered or about to be considered at a meeting of the relevant body
shall, as soon as possible after the relevant facts have come to his or her
knowledge, disclose the nature of the interest at a meeting of that body.

"(2) A disclosure shall be recorded in a record of the meeting of the relevant
body and the member shall not, unless the relevant body or the Minister
otherwise determines:

   (a)  be present during any deliberation of the relevant body with respect
        to that matter; or

   (b)  take part in any decision of the relevant body with respect to that
        matter.

"(3) For the purpose of making a determination in relation to a member who has
made a disclosure, a member who has a direct or indirect pecuniary interest in
the matter to which the disclosure relates shall not:

   (a)  be present during any deliberation of the relevant body for the
        purpose of making the determination; or

   (b)  take part in the making by the relevant body of the determination.

"(4) In this section, 'relevant body' means:

   (a)  in relation to a Council member-the Council; and

   (b)  in relation to a Committee member-the Committee. Annual reports

"18. (1) The Council shall, as soon as practicable after the end of each
financial year, prepare and give to the Minister a report on the activities of
the Council during that year.

"(2) The committee shall, as soon as practicable after the end of each
financial year, prepare and give to the Minister a report on the activities of
the Committee during the year.

"(3) The Minister shall cause a copy of a report given under subsection (1) or
(2) to be laid before each House of the Parliament within 15 sitting days of
that House after the day on which the Minister receives the report.".