AGY-6284 | Legal Aid Office

Full description

The Legal Aid Office, within the Department of the Attorney General and Justice, was established on 24 May 1919 with the appointment of Robert Sproule, BA LLB, as Officer-in-Charge. (1)

The Legal Aid Office carried out the provisions of the Poor Persons Legal Remedies Act 1918 (Act No.36, 1918). This Act provided for legal assistance to be granted to persons whose means did not exceed £50 excluding, in the District Court, wearing apparel, tools of trade, and the subject matter of the proceedings, and, in the Supreme Court, an added exclusion of necessary household furniture not exceeding a further £50. Both jurisdictions had provision by which a Judge, in special circumstances, could specify a larger sum than that indicated above.

The operations of the Act were, however, limited to the civil jurisdictions of the Supreme and District Courts. Legal aid for cases held in other jurisdictions and Courts was available but was separately administered resulting in four unconnected systems. Legal aid in respect of criminal matters, for instance, was available under the Poor Prisoners Defence Act 1907 (Act No.23, 1907) under which application was made to the Attorney General following committal.

By 30 June 1920 the position of Officer-in-Charge was vacant although a staff of two, a secretary and shorthand-writer and typist, had been appointed. (2) On 1 December 1921 Richard Victor Shield, BA LLB, was appointed as Officer-in-Charge. By 1923 the Office had expanded to four staff, a secretary, two clerks and a shorthand-writer and typist. (3)

On 1 February 1927 Cecil Austin Regis Bourke, BA LLB, was appointed as Legal Officer bringing the professional staff to two. A secretary, clerk and two shorthand writers and typists made up the remaining staff. (4)

By the early 1940s, reform of the legal aid system in New South Wales was being investigated.

In early 1941, a Public Defender was appointed to represent accused persons (who had been granted legal assistance by the Crown) in criminal matters before the Court of Criminal Appeal, Central Criminal Court, Circuit Courts, Courts of Quarter Sessions and Appeal Courts, Coroners Courts and Courts of Petty Sessions. It was the responsibility of the Legal Aid Office to instruct the Public Defender in all Metropolitan cases and in country cases where a local solicitor had not been assigned.

In July 1944, under the terms of the Legal Assistance Act 1943 (Act No.17, 1943), and for the purpose of administrating that Act, the office of Public Solicitor was established. This office assumed the responsibilities of the Legal Aid Office including the instructing of the Public Defender. In 1946 the services of R V Shield, Officer-in-Charge of the Legal Aid Office, were loaned to the Public Solicitor's Office. (5)

In 1947, R V Shield, while nominally the Officer-in-Charge of the Legal Aid Office, was attached to the Public Solicitor's Office, engaged exclusively on tenancy matters. During that year his services as Legal Officer were loaned to the Department of Building Materials, which had been formed in May. (6) From 21 October 1948 Mr Shield was appointed as Legal Officer in the Department of Building Materials and the Legal Aid Office ceased, even nominally, to exist. (7)

Reference
Concise Guide to the State Archives of New South Wales, 3rd ed., q.v. "Legal Aid Office".

Endnotes
(1) Public Service List, 1919, p.49.
(2) Ibid., 1920, p.45.
(3) Ibid., 1924, p.24.
(4) Ibid., 1928, p.38.
(5) Ibid., 1946, p.38.
(6) Ibid., 1947, pp.40, 157.
(7) Ibid., 1948, pp.40, 164