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Policies

3. Delegation Instrument

3.0. Introduction and Preamble

Instrument of Delegation to administer the Legal Aid Commission Act 1979 (NSW) effective from 2 August 2021

Under section 69 of the Legal Aid Commission Act 1979 (NSW) (the Act), I delegate the functions vested in me by section 17 of the Act, to the following Legal Aid NSW officers to exercise the functions specified in this Delegation Instrument.

Deputy Chief Executive Officer
Executive Director Business & Corporate Services
Director Criminal Law
Deputy Director Criminal Law
Director Family Law
Director Civil Law
Director Grants
Director Client Services
Director Disability Royal Commission Legal Service
Grants Officer, Clerk Grade 3-4 and above
Solicitor Advocate
Solicitor
Solicitor-in-Charge, Regional Office
Manager Inhouse Counsel Unit
Solicitor Accounts Receivable, Corporate Finance
Advocate Clerk Grade 6-7,
and above to exercise the functions set out below.

This document is to be read in conjunction with an Officer’s role and responsibilities, as set out in his or her position description or statement of duties.

A delegation can be exercised by the nominated delegated officer, or an officer of a higher grade.

Any financial delegation included in this Instrument is subject to the Instrument of Financial Delegation approved by the NSW Attorney General. It provides delegations to incur, commit or sanction expenditure under Part 9 Division 9.2 of the Government Sector Finance Act 2018. Officers cannot exceed the monetary limits set out in the Attorney General’s Delegation.

References in this instrument to ‘determining officer’ or determination refer to the officer delegated to determine an application for legal aid under section 34 of the Act and Part 7 of the Instrument of Delegation.

Reference to a ‘certifying officer’ or certification refers to an officer delegated to make recommendations to a determining officer, whether or not a section 33 authorisation or grant of legal aid, should be made in respect of an application for legal aid in an in-house matter.

Under s.69 (d), I delegate certain functions to private lawyers participating in the Duty Solicitor Scheme.

Under section 58(a) of the Act, the Legal Aid Review Committee (LARC) has the functions and discretions that the person or body whose determination, variation or decision is the subject of the appeal had in respect of the matter the subject of the appeal.

I have not delegated certain functions which are set out in Attachment A.

Brendan Thomas
Chief Executive Officer
Legal Aid New South Wales