The Legal Aid Act 1978 (Vic).

  Order Description         Questions- 1. What is the Long Title, the Short Title and the commencement date/s for the Legal Aid Act 1978 (Vic)? Identify the Amendment Act and the section of that Act that effected a change of name of the current Act from the Legal Aid Commission Act 1978 (Vic) to the Legal Aid Act 1978 (Vic). 2. Which Interpretation Legislation is relevant to the interpretation of the Legal Aid Act 1978 (Vic)? Explain s. 35 of the relevant interpretation legislation in your own words. Task 2 - Statutory Interpretation Quiz 2 3. What is the meaning of legal aid, according to the Legal Aid Act 1978 (Vic)? Is the definition of legal aid an open definition or a closed definition? What are the necessary steps to be taken by a person who wishes to apply for legal aid, as set out in the Legal Aid Act 1978 (Vic)? 4. Find one case where the judge or judges discuss the meaning of s. 24 of the Legal Aid Act 1978 (Vic). Give an AGLC compliant reference for this case (1 mark) Explain the following statement made by Gleeson CJ in Brodie v Singleton Shire Council (2001) 206 CLR 512, 513. ‘Legislation and the common law are not separate and independent sources of law… they exist in a symbiotic relationship’ (1 mark) 5. What factors, as set out in the Legal Aid Act 1978 (Vic), guide the allocation of legal aid work by Victoria Legal Aid (VLA)? 6. The Legal Aid Act 1978 (Vic) mentions the Legal Aid Fund. What is the Legal Aid Fund? What is the purpose of the Legal Aid Fund and where does the money come from to support its purpose? 7. Discuss the objectives of VLA as set out in the Legal Aid Act 1978 (Vic). What specific sources/aids might a judge use to assist in the interpretation of these objectives? Refer to at least two (2) different sources/aids to assist with interpretation (be specific). 8. Is a decision of VLA subject to reconsideration/review? Identify the Part and sections of the Legal Aid Act 1978 (Vic) which govern the reconsideration and review of a decision of VLA. Who is an ‘independent reviewer’ under the Legal Aid Act 1978 (Vic)? 9. What is the link between s.25 of the Charter of Human Rights and Responsibilities Act 2006 (Vic) and the Legal Aid Act 1978 (Vic)? Refer only to relevant provisions in s.25 of the Charter of Human Rights and Responsibilities Act 2006 (Vic). 10. How does the Legal Aid Act 1978 (Vic) link to the research topic for this semester and how might you use this Act, if at all, in your final essay due in Week 12?