Commentary on Sections Section 3: Exercise of functions by Director
This section includes a number of safeguards to guarantee and protect the independence of the Director and his decisions on the grant of civil legal aid in individual cases.
Subsection (1) requires the Director to comply with directions given by the Department and to have regard to guidance issued by the Department.
Subsection (2)(a) provides that the Department must not give a direction or guidance about the granting of civil legal aid in individual cases. Subsection 2(b) places a duty on the Department to ensure that the Director acts independently of the Department when applying a direction or guidance under this section in relation to an individual case.
Subsection 3(3) requires the Department to publish any such directions or guidance.
Subsection 3(4) provides for directions and guidance under this section to be revised or withdrawn from time to time.