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The Legal Services Commission Act, 1979 (Act No. 78, 1979), established the Legal Services Commission of New South Wales (1) which commenced operations on 28 May 1979. (2) The establishment of the Commission amalgamated the legal aid scheme of the Public Solicitor's Office, part of the Attorney General's Department, and the Legal Aid Department of the Law Society of New South Wales. (3)
The Public Solicitor became the principal legal officer of the Commission responsible for administering the provision of legal services through the Public Solicitor's Division. (4)
In 1982 the Legal Services Commission comprised the Public Solicitor's Division headed by the Public Solicitor, K P Shadbolt, and the Referrals Division headed by its Director, H K Kershaw. (5)
With the passage of the Legal Services Commission (Amendment) Act (No. 86, 1985), the Commission was reconstituted as the Legal Aid Commission of New South Wales. (6) The office of the Public Solicitor was abolished along with a number of other statutory offices within the Commission.
From 7 June 1985 the Legal Services Commission of New South Wales was known as the Legal Aid Commission of New South Wales. (7)
On 3 April 1987, following the proclamation of the Legal Aid Commission (Amendment) Act (Act No. 9, 1987) the Australian Legal Aid Office (New South Wales Branch) and the Legal Aid Commission of New South Wales merged. (8) The Act stipulated that "Nothing in (the new legislation) affects the continuity of the Commission." (9) The merged Commission simplified the delivery of legal aid, as legal aid became available for many state and federal law matters from one agency that had branches throughout the state.
The principal function of the Commission was to provide legal aid and other services to people in New South Wales. The Commission was authorised to perform a variety of functions related to the delivery of legal aid and services which included:
(a) Determine-
(i) the persons or classes of persons in respect of whom legal aid may be granted, and
(ii) the matters or classes of matters in respect of which legal aid may be granted,
(b) determine priorities in the provision of legal aid as between-
(i) different persons or different classes of persons, and
(ii) different matters or different classes of matters,
(d) specify principles, including the imposition of means tests, to be applied in determining applications for legal aid,
(e) specify the circumstances, if any, in which contributions shall be paid by legally assisted persons and the means of calculating any such contributions,
(f) establish and conduct such local offices as it considers appropriate,
(g) liaise and co-operate with persons engaged or interested in the provision, in New South Wales or elsewhere, of legal aid otherwise than under this Act,
(h) give assistance and make grants, on such terms and conditions as it thinks fit, to persons or bodies within New South Wales for the provision by those persons or bodies of legal aid,
(i) enter into agreements for the provision of legal aid to citizens of New South Wales in proceedings outside New South Wales with bodies which exercise, outside New South Wales, functions similar to those of the Commission,
(j) bring to the attention of the public, by publishing advertisements or otherwise, the services provided by the Commission,
(k) collect and publish information in respect of the functions of the Commission and in respect of other schemes of legal aid provided in New South Wales,
(l) undertake research into all aspects of legal aid including the investigation and assessment of different methods of financing and providing legal aid,
(m) initiate and carry out educational programmes designed to promote an understanding by the public, or by sections of the public, of their rights, powers, privileges and duties under the laws of New South Wales, and,
(n) make reports and recommendations to the Minister on such matters relating to the functions of the Commission as the Minister requests or as the Commission considers appropriate. (10)
The 1996 NSW Government Directory described the functions of the commission as providing "legal aid in civil, criminal, family and administrative law matters using both salaried and private lawyers through a network of offices throughout NSW. The Commission specifies policies and circumstances for the granting of legal aid, and allocates funds to community legal centres. It researches the financing and provision of legal aid, initiates and carries out community legal education programs and publishes information about legal aid." (11)
In 2006 the Board endorsed and adopted the name Legal Aid NSW. (12)
From 1 July 2009 the group of staff principally involved in the provision of corporate services in the Office of the Legal Aid Commission who were required in connection with the Department of Justice and Attorney General were removed from the Office and added to the Department of Justice and Attorney General. (13)
In 2015 Legal aid commissions and community legal centres received Commonwealth funding to improve access to justice for disadvantaged people under the National Partnership Agreement on Legal Assistance Services 2015–2020. The objective of the partnership was a national legal assistance sector that is integrated, efficient and effective. The current National Partnership Agreement commenced on 1 July 2015 and expired on 30 June 2020. Legal Aid NSW reported to the Commonwealth every six months on performance against the performance indicators, benchmarks and milestones outlined in the National Partnership Agreement. The report included the number of legal assistance services for service types and law types, facilitated resolution processes and their outcomes, and the number and proportion of representation services delivered to priority clients including children and young people aged 24 and younger, Indigenous Australians, and people with a disability or mental illness. (14)
In 2020 Legal Aid NSW took over LawAccess NSW, a free government telephone service that provides legal information, referrals and in some cases, advice for people who have a legal problem in NSW. (15)
Endnotes
1. Legal Services Commission Act, 1979 (Act No.78, 1979) s.6.
2. NSW Government Gazette No.71, 25 May, 1979, p. 2471.
3. Concise Guide to the State Archives of New South Wales, 2nd ed. q.v. 'Legal Services Commission, later Legal Aid Commission'.
4. Legal Services Commission Act, 1979, s.15.
5. The Government of New South Wales Directory of Administration and Services: guide to the functions and services provided by State organizations. 3rd ed. NSW Government Information Service, 1982, pp.96-97.
6. Legal Services Commission (Amendment) Act, 1985 s.6(a).
7. NSW Public Service Notices 26/06/1985.
8. NSW Government Gazette 3 Part, 1987 p.1752.
9. Legal Aid Commission (Amendment) Act, 1987 s.23.
10. Legal Aid Commission Act 1979 (Act No.78, 1979).
11. NSW Government Directory. Sydney, 1996, p. 89.
12. Legal Aid NSW Annual Report 2007-2008, p. 1; Who we are - Legal Aid NSW, https://www.legalaid.nsw.gov.au/about-us/who-we-are (accessed 21 March 2023).
13. Public Sector Employment and Management (Departmental Amalgamations) Order 2009, cl.21; notified on NSW Legislation website, 27 July 2009.
14. Legal Aid NSW website, About us, Performance, https://www.legalaid.nsw.gov.au/about-us/who-we-are/our-performance, (accessed 7 December 2022).
15. Legal Aid NSW Annual Report 2019-2020, p. 3.
References
(1) "Concise Guide" 2nd Edition. "Legal Services Commission, later Legal Aid Commission".
(2) Legal Aid Commission of New South Wales Annual Report, 1979, 1980.
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