Justice Legislation (Amendment) Bill
Justice Legislation (Amendment) Bill
Circulation Print
EXPLANATORY MEMORANDUM
551265
BILL LA CIRCULATION 24/3/2005
Overview
The Legal Aid Act 1978 sets out the functions of Victoria Legal Aid (VLA) to provide legal aid in accordance with the Act. However, there is no specific mention of alternative dispute resolution (ADR) programs. This Bill will facilitate the delivery of ADR programs by VLA.
This Bill provides for changes to the Summer Time Act 1972 and the Supreme Court Act 1986 to effect the introduction of Co-ordinated Universal Time in Victoria.
The Victorian Law Reform Commission Act 2000 provides for the tabling of Victorian Law Reform Commission (VLRC) interim and final reports by the Attorney-General during the sitting of Parliament. This Bill will facilitate the tabling of these reports when Parliament is not in session.
Clause Notes
PART 1—PRELIMINARY
Clause 1states the purpose of the Bill.
Clause 2provides for the commencement of the provisions of the Bill.
PART 2—AMENDMENT OF LEGAL AID ACT 1978
Clause 3amends section 2 of theLegal Aid Act 1978 (LAA) to insert ADR program specific definitions and expand existing definitions to include ADR programs.
Clause 4will allow ADR to be delivered by persons from non-legal backgrounds such as social work.
Clause 5inserts a new Part VIB to the LAA dealing specifically with the provision of ADR programs by VLA.
New section 40I enables VLA to provide ADR programs both inhouse and by arranging for the provision of ADR programs by outside bodies or persons with expertise that are engaged by VLA to provide an ADR program. VLA may provide an ADR program to persons whether or not their application for legal aid is successful and also to persons who have been referred to VLA to engage in an ADR program.
New section 40J provides for a confidentiality regime to apply to the ADR programs. The confidentiality regime prevents information from being passed on to any other person or body including a court. A penalty of 60 penalty units applies to any breach of confidentiality.
New sections 40J(4), 40J(5) and 40L(2) provide exceptions to the ADR confidentiality regime.
New section 40J(6) provides that the new section 40J establishing the ADR confidentiality regime will not affect the operation of section 43 of the LAA. Section 43 sets out the confidentiality and inadmissibility regime that applies to VLA generally.
New section 40K provides that documents arising out of ADR programs will be exempt from applications under the Freedom of Information Act1982.
New section 40L provides that documents or evidence arising out of ADR programs will be inadmissible in any court or legal proceeding.
New section 40L(2) provides for exceptions to inadmissibility.
New section 40M provides a statutory immunity for conference chairpersons for anything done or omitted to be done in good faith with any liability that would have existed but for the statutory immunity reverting to VLA.
PART 3—STANDARD TIME IN VICTORIA
Clause 6substitutes a new definition for 'standard time' as set out in the Summer Time Act 1972.
Clause 7inserts a new heading to section 43 of the Supreme Court Act1986 (SCA) 'Standard time in Victoria' and provides a new definition in section 43(1) of the SCA.
Clause 8inserts a new section 141 into the SCA providing for transitional arrangements that the new reference to standard time will apply irrespective of when instruments were made or the thing was done or not done.
PART 4—AMENDMENT OF VICTORIAN LAW REFORM COMMISSION ACT 2000
Clause 9inserts a new section 21A in the Victorian Law Reform Commission Act2000 establishing a new procedure for the tabling of Victorian Law Reform Commission (VLRC) interim and final reports when Parliament is in recess.
New section 21A(1) provides for the Attorney-General to give notice of one business day to the clerk of each House of Parliament before providing a copy of the report to the clerks.
New section 21A(2) provides for the clerks of each House to notify members of the House of receipt of the notice from the Attorney-General on the same day notice is given, and to provide a copy of the report to members as soon as practicable after receipt of the report from the Attorney-General. The clerks must cause the report to be laid before Parliament on the next sitting day of the House.
New section 21A(3) provides that a report given to the clerks in this way will be taken to have been published by order or under the authority of the Houses of Parliament and thus be absolutely privileged.
New section 21A(4) specifies when Parliament will be taken to be in recess.
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