XN000022-1981-07-03 — Page 9

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FRIDAY, JULY 3, 1981

MOREOVER, THE SPOKESMAN POINTED OUT THAT THE SUCCESS OF THE CRDA ALSO DEPENDED ON THE WILLINGNESS OF REPORTING AGENCIES TO COOPERATE BY SENDING IN TIMELY AND ACCURATE REPORTS.

+HOWEVER, HE SAID, THE MAJORITY OF SUCH AGENCIES HAVE INDICATED THAT THEIR COOPERATION WILL CONTINUE ONLY IF THE CRDA IS ABLE TO ENSURE THE INTEGRITY OF INDIVIDUAL INFORMATION KEPT.-

THERE IS, HE ADDED, NO LEGAL OBLIGATION ON THE PART OF REPORTING AGENCIES TO SEND IN SUCH REPORTS AND SO THE CONFIDENCE OF THESE AGENCIES IN THE CRDA IS VITAL TO ITS SUCCESS.

THE BILL WILL BE INTRODUCED INTO THE LEGISLATIVE COUNCIL ON JULY 8.

POWER TO WAIVE STATUTORY FIRST CHARGE

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PUBLISHED IN THE GAZETTE TODAY IS A LEGAL AID (AMENDMENT) BILL 1981 WHICH GIVES THE DIRECTOR OF LEGAL AID POWER TO WAIVE HIS STATUTORY FIRST CHARGE ON DAMAGES OR PROPERTY RECOVERED FOR A LEGALLY-AIDED PERSON UP TO $10 000, IF HE IS SATISFIED IT IS A CASE OF SERIOUS HARDSHIP.

AT PRESENT ONLY THE FINANCIAL SECRETARY OR HIS DEPUTY HAS THE POWER TO WAIVE THIS STATUTORY CHARGE AND THE PROCEDURE INVOLVED IN GETTING SUCH APPROVAL IS TIME-CONSUMING.

THE BILL EXEMPTS FROM THE STATUTORY CHARGE IN FAVOUR OF THE DIRECTOR PERIODICAL MAINTENANCE PAYABLE TO A LEGALLY-AIDED SPOUSE TO THE EXTENT OF $1 500 PER MONTH.

IT ALSO CLARIFIES THE LEGAL POSITION WHERE THE AIDED PERSON RECOVERS A SUM OF MONEY IN AN OUT-OF-COURT SETTLEMENT RATHER THAN BY A JUDGEMENT OF THE COURT. SUCH MONEY WILL ALSO BE TAKEN INTO ACCOUNT IN MEETING THE DIRECTOR'S STATUTORY FIRST CHARGE.

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