Legal Aid Commission (Amendment) Bill

About this Item
Speakers - Hannaford The Hon John
Business - Bill, First Reading, Second Reading

LEGAL AID COMMISSION (AMENDMENT) BILL

Bill introduced and read a first time.

Second Reading

The Hon. J. P. HANNAFORD (Attorney General, Minister for Industrial Relations, and Vice-President of the Executive Council) [10.11]: Pursuant to sessional order, I move:

That this bill be now read a second time.

The purpose of this bill is to amend the Legal Aid Commission Act 1979 to remove the requirement that the chief executive officer of the Legal Aid Commission be a practising solicitor, to change the title of the chief executive officer of the commission from "director" to "managing director" of the Legal Aid Commission, and for other purposes. In October this year Mr Ken Robson, former Auditor-General, and Mr Stephen O'Connor, Solicitor for Public Prosecutions, were appointed to conduct a review of the operations of the Legal Aid Commission of New South Wales. The objects of the review are to review the overall structure of the commission and its internal management with a view to improving the efficiency and effectiveness of the commission and to ascertain the financial position of the commission, in particular the quantum of liabilities incurred in relation to the legal aid provided as well as the financing of the commission from government and other sources. Mr Robson and Mr O'Connor have provided me with certain interim advice, which includes one matter requiring an urgent amendment to the Legal Aid Commission Act. This urgent amendment relates to section 14 of the Act which, at the moment, enables me to appoint a person who is a solicitor of the Supreme Court and who holds a current practising certificate to be the director of the commission.

Mr Robson and Mr O'Connor have advised that to reflect the principal role of the position of chief executive officer of the commission and its status within the organisation the title should now be managing director and the possession of legal qualifications should not be an essential requirement for the position. Of much more importance to this position as managing director are the essential requirements that the person should have a proven history in management and finance. Of course, it may be that a managing director with proven experience in management and finance may also possess legal qualifications and be a practising solicitor or barrister. The amendments
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to be made to the Act will not preclude this possibility; rather, they will not disqualify from applying for the position of managing director persons with a proven history in management and finance but who do not possess legal qualifications. It has also been necessary to make some consequential amendments to the legislation to allow for the possibility that the managing director may not be a solicitor with a practising certificate. The only matters of significance are the amendments to sections 23A, 24, 28 and 64A.

The new section 23A provides that if the managing director does not hold a current practising certificate, he or she is to appoint a person to exercise the functions of the managing director under sections 24, 28 and 64A of the Act. Such a person must be a member of the staff of the commission, be a solicitor of appropriate seniority and experience and hold a current practising certificate. Section 24 is concerned with the exercise of the functions of a solicitor by the managing director; section 28 is concerned with the position of the managing director being solicitor on the record in proceedings; and section 64A is concerned with the managing director's administration of the commission's trust account. As explained, section 23A will allow a senior staff member of the commission to be appointed by the managing director to act in place of the managing director if that person does not have a practising certificate. I am pleased to advise all honourable members that this bill has the support of the Federal Minister responsible for legal aid matters, Senator Michael Tate, Minister for Justice and Minister Assisting the Minister for Immigration, Local Government and Ethnic Affairs. I commend the bill to the House.

Debate adjourned on motion by the Hon. B. H. Vaughan.

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