Page 281 - Week 01 - Thursday, 17 February 2011
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It is clear that the immunity that applies to one lawyer should be available to all. The amendment in this bill closes a small loophole that could have raised the question about the extent of the immunity for legal aid lawyers. The amendment removes that uncertainty and is worth while in that sense.
In conclusion, the Greens do support this bill. We believe it makes sensible changes that add both flexibility and certainty to Legal Aid ACT and allows them to continue the important work that they are doing.
MR CORBELL (Molonglo—Attorney-General, Minister for the Environment, Climate Change and Water, Minister for Energy and Minister for Police and Emergency Services) (12.10), in reply: I thank members for their support of the bill. The bill offers commonsense, straightforward improvements to the legislation that governs Legal Aid ACT. Regular updates to the Legal Aid Act 1977 ensure that the legislation continues to facilitate legal assistance programs. This bill clarifies Legal Aid ACT’s powers and functions. These clarifications will help to prevent technical legal arguments from interfering with the core mission of Legal Aid ACT.
When I introduced the bill, I explained how these amendments will work to help the territory. In asking for the Assembly’s agreement today, I remind members of the consultation process that led to this bill, and I would like to review the amendments once more.
Before I do so, though, I note Mrs Dunne’s criticisms of the complexity of the language of the drafting in the legislation and simply draw to Mrs Dunne’s attention the fact that it is a necessity to refer to those elements that she criticised in that manner to have regard to the Legal Profession Act, which is based on a national model law. It is not over-drafting. It has regard to the fact that we have national model legislation which is reflected here in the ACT in our Legal Profession Act and obviously reference to what a legal practice is, what a legal practitioner is, must be consistent with that Legal Profession Act. It is as simple as that.
The Legal Aid Commission delivers services to the public under the name Legal Aid ACT. The effectiveness of Legal Aid ACT depends in part on the integrity of the legislation that establishes and regulates it. This government has been especially mindful of the commission’s needs in this regard. Throughout the years, as legislative issues are identified by the commission, the government has sought to develop and introduce solutions.
Members will recall that in September 2009, I sought members’ support for amendments to improve and update the governance structure of the commission. Those amendments were delivered through the Justice and Community Safety Legislation Amendment Act 2009 (No 2). That act was the product of close cooperation between my department and the commission and today’s bill is yet another good example.
As with the other recent amendments to the Legal Aid Act 1977, the amendments we are considering today come from direct experience of the commission with
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