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Vanuatu Consolidated Legislation - 1988 |
Commencement: 25 June 1984
LAWS OF THE REPUBLIC OF VANUATU
REVISED EDITION 1988
CHAPTER 177
ARRANGEMENT OF SECTIONS
SECTION
PART I
Preliminary
Office of the Public Solicitor
3. Vacation of office
4. Acting Public Solicitor
PART III
Functions of Public Solicitor
5. Functions of the Public Solicitor
PART IV
Miscellaneous
7. Charge for services
8. Minister's power to make regulations
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PUBLIC SOLICITOR
To provide for the establishment of the office of the Public Solicitor.
PART I
PRELIMINARY
INTERPRETATION
1. In this Act, unless the context otherwise requires -
"Legal Practitioner" shall have the same meaning as in the Legal Practitioners Act Cap. 119;
"Minister" means the Minister responsible for justice.
PART II
OFFICE OF THE PUBLIC SOLICITOR
ESTABLISHMENT OF OFFICE
(2) A person shall not be qualified to hold or act in the office of Public Solicitor unless he is a legal practitioner.
(3) The Public Solicitor shall be appointed in accordance with the provisions of Article 56 of the Constitution.
(4) The Public Solicitor may be assisted by Legal Officers, who shall be appointed by the Judicial Service Commission.
VACATION OF OFFICE
(2) The President on the advice of the Judicial Service Commission shall remove the Public Solicitor from office if the Public Solicitor -
(a) except by reason of temporary illness, becomes incapable of performing the duties of his office;
(b) is guilty of misconduct in the performance of the functions of his office; or
(c) has been sentenced by a court to imprisonment.
ACTING PUBLIC SOLICITOR
(2) Subject to the provisions of this Act a person appointed under subsection (1) shall hold office until -
(a) his appointment is revoked; or
(b) a person is appointed Public Solicitor in accordance with Article 56 of the Constitution,
whichever first happens.
PART III
FUNCTIONS OF PUBLIC SOLICITOR
FUNCTIONS OF THE PUBLIC SOLICITOR
5. (1) The function of the Public Solicitor is to provide legal assistance -
(a) to needy persons; or
(b) to any person when so directed by the Supreme Court.
(2) For the purposes of this section the term "needy person" is to be interpreted in relation to each particular case and, without limiting the generality of this expression, account shall be taken of the means of the person to meet the probable cost of obtaining alternative legal assistance, the availability of such assistance and the hardship which might result to the person if compelled to obtain legal assistance other than by the Public Solicitor.
(3) Any person aggrieved by a refusal of the Public Solicitor to provide legal assistance may apply to the Supreme Court for a direction.
PART IV
MISCELLANEOUS
NOT TO ENGAGE IN PRIVATE PRACTICE
CHARGE FOR SERVICES
MINISTER'S POWER TO MAKE REGULATIONS
(2) Without derogating from the generality of subsection (1) the Minister after consultation with the Minister responsible for finance may make regulations providing for charges and contribution payable in respect of services provided by the Public Solicitor.
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URL: http://www.paclii.org/vu/legis/consol_act1988/psa189