South Australian Current Acts South Australian Current Acts18—Reimbursement of Commission
(1) The Commission is
entitled to be reimbursed by the Treasurer in respect of the costs of
providing legal assistance for a criminal case involving 1 or more
assisted persons if—
(a) the
case is subject to a case management plan approved by the Attorney-General
under the Expensive Criminal Cases Funding Agreement ; and
(b) the
Commission complies with the approved case management plan.
(2) The amount the
Commission is entitled to be reimbursed under subsection (1) is the
amount by which the net amount of legal assistance costs for the case exceeds
the relevant funding cap.
(3) A case management
plan may relate to a criminal case that is comprised of more than 1 trial
if the trials are related trials and the Attorney-General is satisfied, in the
circumstances of the case, that it is appropriate for the trials to be
combined under a single case management plan.
(4) Despite the
requirements of subsection (3), a retrial arising out of a trial may, in
any case, be included in a case management plan as part of the criminal case
of the first trial.
(5) Subject to
subsection (3), if a case management plan complies with the criteria for
approval fixed in the Expensive Criminal Cases Funding Agreement , the
Attorney-General must approve the case management plan.
(6) If the Commission,
after making reasonable attempts to reach agreement with the Attorney-General
on a case management plan, fails to obtain the Attorney-General's approval,
the Commission may, by notice in writing to an assisted person to whom the
case management plan relates, withdraw legal assistance for that person.
(7) The Commission
must, in each of its annual reports, publish the text of the
Expensive Criminal Cases Funding Agreement as in force at the end of the year
to which the report relates.
(8) In this
section—
"Expensive Criminal Cases Funding Agreement" means the agreement between the
Commission and the Attorney-General governing the approval of case management
plans for the purposes of this section and includes that agreement as amended
from time to time;
"funding cap" means an amount fixed as the funding cap for criminal cases by
the Commission for a particular financial year (which may vary according to
the circumstances to which it is expressed to apply);
"net amount of legal assistance costs" in respect of a criminal case subject
to a case management plan, means the gross amount of legal assistance costs
for each assisted person to whom the case management plan relates less the
amount of any payments the Commission has received or has a reasonable
prospect of recovering from each assisted person (whether under this Act or
the LSC Act) or a financially associated person;
"related trials"—trials are "related trials" if the charges the subject
of each trial are founded on the same facts or form, or are a part of, a
series of offences of the same or a similar character (whether or not relating
to the same accused person).