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3. Delegation Instrument

Attachment A

The Chief Executive Officer retains the following functions under the Act:

  1. Decisions under section 34
    Determination of applications for legal aid for matters which fall outside the policies - State matters and Commonwealth law matters not included in the Commonwealth Priorities.

    Determination  of applications for aid in relation to matters under Part 7 of the Crimes (Review and Appeal) Act 2007 (NSW).
  2. Decisions under section 51Appointment of, or refusal to appoint a legal practitioner to a panel following assessment and recommendation by a selection committee.
  3. Decisions under section 52A
    Establishing a monitoring Committee under s 52A (1).
    Exercising the discretion to remove a legal practitioner from a panel for breach of service agreement set out in s 52A (6) following a recommendation by the Monitoring Committee.
  4. Decisions under section 52B(11)
    To do any one or more of the following:  If a private legal practitioner fails or refuses to co-operate in the carrying out of an audit under this section
  • terminate the services of the practitioner in relation to any work assigned by Legal Aid NSW to the practitioner;
  • remove the practitioner from a panel to which the practitioner is appointed; and
  • refuse to pay to the practitioner any money payable by Legal Aid NSW to the practitioner.
  1. Prosecutions under sections 26 and 32
    Decision to prosecute breaches of sections 26 and 32 of the Legal Aid Commission Act 1979 (NSW).
  2. Other functions

Any other function that is not specifically delegated in writing.