Questions & Answers

Why is the Commission implementing panels?
How will the Commission implement panels?
Which areas of law will have panels?
Will firms or individual solicitors be placed on panels?
Who will decide which practitioners will be appointed to a panel?
What if a panel solicitor leaves a firm?
What about the special circumstances of country and regional firms?
How will grants of aid be allocated?
What do you mean by audit?
What other benefits will be available to panel practitioners?

1. Why is the Commission implementing panels?
   Panels are part of a package of wide ranging reforms being implemented by the Grants Division of the Legal Aid Commission of NSW. One of these is Electronic Lodgement. (More information about the Electronic Lodgement project can be found on Legal Aid’s website www.legalaid.nsw.gov.au.) It is necessary for the effective conduct of legal aid service delivery, to implement panels in association with these other initiatives.
   
   The panels initiatives will provide an open and transparent selection process for private practitioners to undertake legal aid work. They will also ensure an agreed level of service delivery to legal aid clients. The allocation of legal aid work will be open and transparent.
   
   
2. How will the Commission implement panels?
   Following consultation with the Law Society and the New South Wales Bar Association, the Commission has developed a set of documents which will constitute the "panel documents" which will be used for the purposes of selecting practitioners onto the first panel, being the Childrens Crime Specialist Childrens Court panel. These documents will also formalise the relationship between the Commission and private practitioners.
   
   The documents are the Expression of Interest; the Service Provision Agreement; and practice standards.
   
   The Expression of Interest document contains information about the selection criteria that practitioners must address in submitting an application to be placed onto a panel. It also contains information about the selection committee processes.
   
   The Service Provision Agreement contains the terms by which the relationship between the Commission and private practitioners will be conducted. It sets out the obligations of both the Commission and the practitioner.
   
   The practice standards are the standards with which the practitioner agrees to comply in representing legally assisted clients. The standards are drafted by the Commission’s inhouse practice solicitors and are realistic, practical and achievable. The standards will apply equally to Commission inhouse solicitors and private solicitors.
   
   Whilst the panel documents for subsequent panels will have a similar format, they will be individually tailored for each area of law and will be subject to further consultation with the Law Society and Bar Association.
   
   
3. Which areas of law will have panels?
   It is envisaged that panels will be implemented across all law types. Panels will be implemented in a staged process, commencing with the Children’s Crime Specialist Childrens' Court panel. This will be followed by the panels for child representation in the Family Court, state care proceedings, general family law, then the panel for adult / general crime. Panels for other areas of law, will follow.
   
   The expressions of interest invitation for the first panel will be issued in late April / May 2002 and will be widely publicised. The panels roll out will continue throughout 2002 – 2003.
   
   
4. Will firms or individual solicitors be placed on panels?
   Individual practitioners will submit expressions of interest. Individual solicitors will be placed on panels. Firms may have a number of solicitors appointed to the same panel or other panels.
   
   
5. Who will decide which practitioners will be appointed to a panel?
   A selection committee will be convened to assess all submitted expressions of interest. The committee will comprise a nominee of the relevant Commission practice Director, a nominee of the Director Grants, a nominee of the Law Society and another person (non lawyer) with relevant expertise.
   
   
6. What if a panel solicitor leaves a firm?
   Where a panel practitioner leaves a firm, an expression of interest addressing all relevant criteria may be submitted by another solicitor of the firm for possible inclusion on the panel for the balance of the duration of the relevant panel (panels will usually run for two years).
   
   
7. What about the special circumstances of country and regional firms?
   The Commission acknowledges the special circumstances of country and regional firms. Therefore, special arrangements will be made to accommodate such circumstances to ensure that disadvantaged clients, wherever they live, have access to legal aid services through private practitioners eg in exceptional circumstances a solicitor may be placed on a panel whilst having the opportunity to undergo targeted training.
   
   In the implementation of the panels relevant to adult general crime, the Commission has indicated a preparedness to allow newly appointed practitioners to undertake legally aided criminal matters under the guidance and control of other panel practitioners in the firm.
   
   
8. How will grants of aid be allocated?
   Inclusion on a panel does not guarantee a practitioner a minimum amount of work. However panel practitioners will have access to grants of legal aid.
   
   Generally, a grant of legal aid will be assigned to the panel practitioner who submits the application for legal aid. However this is subject to the allocation of matters to the in house practice.
   
   
9. What do you mean by audit?
   The audit procedures will be developed in consultation with the Law Society of NSW. An audit program will be developed whereby a number of files of private practitioners will be reviewed from time to time. It is envisaged that this audit and review process will play an important educative role for practitioners, to better understand the way to do business with the Commission.
   
   Panel practitioners will agree to the audit of their legal aid files by the Commission. This is to assess compliance with the service provision agreement, practice standards, Commission policies and electronic lodgement requirements eg when submitting an electronic application for legal aid, it will no longer be necessary to send verification of income documents to the Commission.
   
   However a practitioner must keep these documents on their file together with a signed copy of the electronically lodged application.
   
   
10. What other benefits will be available to panel practitioners?
    The Commission plans to improve its partnership relationship with private practitioners on panels because it recognises the significant contribution they will continue to make in the delivery of legal aid services to disadvantaged clients.
    
    There will be a focus on access to training opportunities, library resources and information sharing.