Legal Aid Act 1971

Original Language Title: Legal Aid Act 1971

Read the untranslated law here: https://www.global-regulation.com/law/malaysia/5959869/legal-aid-act-1971-.html

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
026B.fm law REPRINT MALAYSIA PUBLISHED by the COMMISSIONER of law revision, UNDER the AUTHORITY of law REVISION ACT 1968 in COLLABORATION with MALAYAN LAW JOURNAL SDN BHD and PERCETAKAN NASIONAL MALAYSIA BHD 2006 Act 26 LEGAL AID ACT 1971 Contains all amendments to 1 January 2006 026B.fm Page 1 Monday, March 27, 2006 5:14 PM PREPARED for PUBLICATION by the MALAYAN LAW JOURNAL SDN BHD and PRINTED by PERCETAKAN NASIONAL MALAYSIA BERHAD KUALA LUMPUR BRANCH 2006 2 LEGAL AID ACT 1971
The Date Of Royal Assent............ 24 April 1971, the date of publication in the Gazette......... 29 April 1971 REPRINT BEFORE Reprinting The first ... ... more 1992 the second Reprint of ... ... more 2000 026B.fm Page 2 Monday, March 27, 2006 5:14 PM 3 laws of MALAYSIA Act 26 ARRANGEMENT of SECTIONS LEGAL AID ACT 1971 part I preliminary section 1. Short title 2. Interpretation Part II Administration 3. The Director General of legal aid and others who help her 4. The overall supervision by the Minister 5. A panel of lawyers 6. (Cut)
7. (Cut) 8. (Cut)
9. (Cut) PART III LEGAL AID in CRIMINAL CASES 10. Application for legal aid in criminal cases 11. Free legal aid certificate PART IV LEGAL AID in CIVIL ACTION 12. General conditions on legal aid in civil action 026B.fm Page 3 Monday, March 27, 2006 5:14 PM 4 laws of Malaysia ACT 26 of section 13. Application for legal aid in civil cases 14. The authority of the Director-General to investigate 15. The granting of legal aid certificates 16. The extra power to provide legal aid service 16A. Grant of legal aid certificate when the Director-General is authorized by the Minister to provide legal aid 16B. Registration fees 17. (Cut) 18. Contribution from the person who assisted 19. Cancellation of certificates 20. Application by more than one party 21. Registering and filing certificate 22. Deposit for contingency expenses 23. The Court may order the payment of costs by the person who assisted in a case of 24. Legal aid could not be terminated without the permission of the 25. The cost of 26. Proceedings are suspended when the application for legal aid made 27. Appeals from those who assisted 28. Rules of the Court part V 29 LEGAL ADVICE. The right to obtain legal advice and the kind of advice PART VA MEDIATION 29A. Provision of services of intermediation 29B. Dispute 29C. Mediation is a voluntary basis 29D. Solution or arrangement shall be entered 026B.fm Page 4 Monday, March 27, 2006 5:14 PM 5 legal aid Section 29E. Confidential communication with the mediator 29F. Intermediate PART VI GENERAL 30. Privileges for a specific relationship 31. False statement 31A. Decisions made under the Act is final and conclusive 31B. Exemption from liabilities 32. Regulations 33. Abolition of FIRST SCHEDULE — (Cut) of the SECOND SCHEDULE of the THIRD SCHEDULE of the FOURTH SCHEDULE 026B.fm Page 5 Monday, March 27, 2006 5:14 PM 026B.fm Page 6 Monday, March 27, 2006 5:14 PM 7 laws of MALAYSIA Act 26 LEGAL AID ACT 1971 an act to make provision for the granting of legal aid to specific people and for matters connected therewith.
[Throughout Malaysia — 30 April 1971]
BE IT enacted by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: part I preliminary short title 1. This Act may be cited as the legal aid Act 1971.
Interpretation 2. In this Act, unless the context otherwise requires — "judge" means — (a) a judge of the Court established by part IX of the Federal Constitution, and includes sessions Court judge or magistrate; or (b) a judge of a Syariah subordinate court, Syariah High Court or the Syariah appeal court;
026B.fm Page 7 Monday, March 27, 2006 5:14 PM 8 laws of Malaysia ACT 26 "Director-General" legal aid or the Director-General "means the Director General of legal aid appointed under section 3;
"Court" means a court established by or under Part IX of the Constitution, the Syariah subordinate court, Syariah High Court and the Syariah appeal court;
"the person who assisted" means a person who has been given a certificate that he is entitled to legal aid under this Act and, if one is a boy, including guardian;
"lawyer" means a barrister and solicitor who is allowed to practice as a lawyer in any part of Malaysia;
"intermediary" means any person appointed under section 29F;
"mediation" includes — (a) carry out any activity for the purpose of promoting discussion and dispute resolution;
(b) bring together any party who argue for the purposes referred to in paragraph (a), either at the request of one of the parties argue or strains on the Director-General of legal aid; and (c) take actions on any matters lays any discussions or such solutions;
"The social welfare Director" means the person who is to perform the duties of the Director of social welfare and includes any other officer authorized or carry out the functions of the Director of social welfare in a State;
"guardian" in relation to a boy, without prejudice to the generality of the expression, including any person deemed by the Director-General may be appointed with the supposed to be the Attorney or guardian ad litem the boy;
"trial mediation" means gathering at the VA.
026B.fm Page 8 Monday, March 27, 2006 5:14 PM 9 legal aid PART II ADMINISTRATION Director General legal aid and others who helped him 3. (1) the Minister may appoint one of the members of the judicial and legal service of the Federation to be or act as Director-General of legal aid.
(2) the Director General shall be assisted by a person or some other person appointed by the Minister and that person shall be given any name position as may be prescribed by the Minister.
(3) Notwithstanding any provision of any written law to the contrary, the Director General and any person appointed under subsection (2) shall be entitled, for the purposes of this Act, to attend and berguam in all courts in Malaysia.
(4) for the purposes of this Act, every person appointed under subsection (2) shall be subject to the direction and general supervision of the Director General, and subject to, therefore, shall have and exercise all the powers granted to the Director General by or under this Act, in addition to the powers conferred by section 5 and 27.
(5) every person appointed under subsection (2), unless he is indeed a public servants, shall — (a) to receive remuneration as may be prescribed by the Yang di-Pertuan Agong;
(b) be deemed to be a public servants within the meaning of the Penal Code [Act 574].
The overall supervision by the Minister 4. (1) the Director-General is responsible to the Minister.
(2) the Minister may from time to time issued an order that is not inconsistent with the provisions of this Act to the 026B.fm Page 9 Monday, March 27, 2006 5:14 PM 10 laws of Malaysia ACT 26 the Director General and the Director-General shall comply with such directions.
Panel 5. (1) the Director General legal aid shall hold and maintain a panel of lawyers who agreed to investigate, report and give an opinion on the application for legal aid, to act on behalf of people who received legal aid or to provide legal advice under the provisions of this Act; and a separate panel can be held for different purposes and for different courts.
(2) any lawyer shall be entitled to be entered his name into the panel or any of them unless there is good reason to menyingkirkannya a consequence of his conduct when acting or assigned to act on behalf of people who received legal aid or arising from his professional conduct generally.
(3) where a lawyer aggrieved by any decision to menyingkirkannya (whether for eternity or for a while) from the panel or any of them, he may appeal against such decision to the High Court and the High Court (whose decision shall be final) may confirm or revoke the decision appealed against or replace it with a decision he deems fit.
(4) subject to subsection 24 (2), any lawyer b o l e h r a d a r i l a-b i l a m a s m e m a i n t a K t u e a P e n g a r a h removing its name from the panel or any dar ipadanya and Director General of want to comply i request it lah.
(5) subject to any regulations made under this Act, the Director General shall pay to an attorney investigate and make a report or give an opinion on the application for legal aid or acting on behalf of the person to whom legal aid or for providing legal advice under the provisions of this Act such fees as may be agreed between the Director-General with the Attorney.
026B.fm Page 10 Monday, March 27, 2006 5:14 PM 11 6 legal aid. (Struck by A578 Act).
7. (Cut by A1188 Act).
8. (Cut by A1188 Act).
9. (Cut by A1188 Act).
PART III LEGAL AID in CRIMINAL CASES the application for legal aid in criminal cases

10. (1) Criminal proceedings may be granted legal aid is any description of the proceedings specified in the second schedule.
(2) the Minister may by order alter or amend the second schedule.
(2A), notwithstanding anything contained in subsection (1) and sections 15 and 16, the Minister may, when he is satisfied that the interest of Justice for him to do so on any certain calamity, authorize in writing to the Director-General to provide legal aid in respect of any proceedings whether of description of the proceedings specified in the second schedule or otherwise.
(3) any person may at any time within fourteen days after the pengkomitan of the High Court under the criminal procedure code [Act 593], after a charge or conviction in front of or by any court, apply in writing in the prescribed form to the judge who made the order or before that person has been charged with or to the Director General, to legal aid for his defence or to provide and conduct appeal , as the case may be.
(4) if the Prosecutor has submitted a notice of appeal against any judgment, sentence or order made by any court, the respondent may make an application to the judge who gave the judgment, sentence or order, or to the Director General, for legal assistance against the appeal.
026B.fm Page 11 Monday, March 27, 2006 5:14 PM 12 laws of Malaysia ACT 26 (5) every application under this section shall be accompanied by a statutory declaration verifying the facts referred to in the application.
(6) the judge who tried someone on a charge shall inform that person that he or she has the right to apply for legal aid under this part.
Free legal aid certificate 11. (1) where an application made under section 10 the judge or the Director General of legal aid can refer the application to the Director of social welfare for a report on the applicant's ability.
(2) where the judge or the Director General of legal aid of the opinion based on the facts submitted to it, including any reports by the Director of social welfare that the person making the application does not have the ability to get legal aid and that necessary in the interest of Justice that legal aid was provided, he shall recommend such legal aid and the Director-General may direct that the arrangements made for the defense of the person and to pay expenses for all material witnesses or for the preparation and conduct of the appeal or for opposing the appeal, as the case may be.
(3) any doubt as to whether the ability of an applicant to enable him to obtain legal aid or whether it is desirable in the interest of justice the applicant received free legal aid shall be decided for the benefit of the applicants.
PART IV LEGAL AID in CIVIL ACTIONS concerning the General conditions of legal aid in civil action 12. (1) Civil Proceedings may be granted legal aid is any description of the proceedings specified in the third schedule.
026B.fm Page 12 Monday, March 27, 2006 5:14 PM legal aid 13 (2) the Minister may by order alter or amend the third schedule.
(3) Notwithstanding anything contained in subsection (1) and sections 15 and 16, the Minister may, when he is satisfied that the interest of Justice for him to do so on any certain calamity, to authorize the Director General to provide legal aid in respect of any proceedings, either from the nature of the proceedings specified in the third schedule or otherwise.
Application for legal aid in civil cases 13. (1) (a) any person, whether on his own or on its properties as a representative, which requires legal aid under this Division shall make an application for that purpose to the Director General legal aid.
(b) every such application shall be made in the prescribed form and accompanied by a statutory declaration verifying the facts referred to in the application.
(2) if the person requires such legal aid was a boy, the application under this section shall be made on behalf of the boy by the guardian.
(3) where an application is made on behalf of a person boy under the provisions of subsection (2) — (a) a reference in section 14, paragraph 15 (2) (a) or 16 (1) (a) of an applicant shall be construed as a reference to the custodian and the boy is in association or any one of them respectively; and (b) the reference in paragraph 15 (2) (b) or 16 (1) (b) regarding an applicant shall, if the boy is not beristeri or not bersuami and guardian is a close relative (as defined in subsection (4) of this section) the boy is, interpreted as a reference to both the guardian and the boy and, if in addition, shall be construed as a reference to the boy alone.
026B.fm Page 13 Monday, March 27, 2006 5:14 PM 14 laws of Malaysia ACT 26 (4) in subsection (3) of this section the expression "close relatives" — (i) about someone son of valid status, means father or his mother;
(ii) adoption of a person, means the father or mother who picked it up as an adopted child;
(iii) about someone son void status means mother.
The power of the Director General to make inquiry 14. Where an application is made under section 13, the Chief Director of legal aid may — (a) make such inquiry as he thinks fit with regard to their capabilities and the State of the applicants and on the rarity of the case or should refer the application to the Director of social welfare for a report on the ability of the applicant;
(b) require that the applicant provide any information and any documents as may be required by the Director General for the purpose of considering the application, (c) require that the applicants present themselves;
(d) refer the application or any matter arising out of the application to any solicitor whose name is in the panel may be maintained in accordance with section 5 to investigate the facts and make a report about it or to give any opinion thereon or on any question of law arising out of the application;
(e) take or cause to be so taken any steps necessary to safeguard the interests of the applicants pending the results of its application;
026B.fm Page 14 Monday, March 27, 2006 5:14 PM 15 legal aid (f) pay the expenses incidental to any of the above are out of money appropriated for that purpose.
Grant of legal aid certificate 15. (1) (struck by A578 Act).
(2) the Director may provide legal aid to an applicant a certificate (hereinafter referred to as "legal aid certificate") that an applicant is entitled under this part to legal aid in respect of any proceedings if — (a) he is satisfied that the applicant has reasonable grounds for bringing, defending, continue or to be a party in the proceedings; and (b) he is satisfied that the applicants have financial resources of not more than twenty-five thousand dollars a year.
The extra power to provide legal aid services 16. (1) Notwithstanding anything contained in section 15 the Director General may give an applicant a legal aid certificate in respect of any proceedings if — (a) he is satisfied that the applicant has reasonable grounds for bringing, defending, continue or to be a party in the proceedings; and (b) he is satisfied that the applicants have financial resources in excess of twenty-five thousand dollars a year but does not exceed thirty thousand dollars a year.
(2) any person granted a legal aid certificate under this section may be required to pay to the Director General a contribution towards the sums payable on his account.
026B.fm Page 15 Monday, March 27, 2006 5:14 PM 16 laws of Malaysia ACT 26 the granting of legal aid certificates when the Director-General is authorized by the Minister to provide legal aid 16A. (1) Notwithstanding anything contained in sections 15 and 16, the Director General shall give an applicant for legal aid a legal aid certificate in respect of any proceeding when the Minister has to authorize the Director General to provide legal assistance under subsection 12 (3).
(2) any person granted a legal aid certificate under this section may be required to pay to the Director General a contribution towards the sums payable on his account.
16B of the registration fees. Any person who has been eligible for legal aid under section 15, 16 or 16A shall pay to the Director General a sum of two dollars as registration fees.
17. (Cut by A1188 Act).
Contribution from the person who assisted 18. (1) any person granted a legal aid certificate under section 16 and 16A in respect of any proceedings may be required to pay contributions at once or in installments.
(2) (struck by A1188 Act).
(3) if the amount of contributions payable by a person in respect of an pros iding i tu more dar ipada net liability of the Director-General on account of such person, the surplus shall be refunded to the person.
(4) except to the extent otherwise provided by the regulations, any money remaining unpaid on account of the contribution of a person in respect of a proceeding and, where the amount of the contributions is less than the net liability of the Director-General on account of such person, a total of

026B.fm Page 16 Monday, March 27, 2006 5:14 PM 17 legal aid money the same number with the deficiency shall be a first obligation on any property (wherever located) obtained or maintained for that person in the proceedings.
(5) a reference in subsection (4) of this section with regard to property obtained or maintained for any person, shall include its rights under any settlement or compromise that te lah d un tuk icapa i avoid or terminate proceedings i tu and also any money obtained pursuant to an order for costs is made for its interest in the proceedings (i.e. instead of money payable to the Director General).
(6) the liability created by subsection (4) of this section on any damages or costs shall not prevent the Court from allowing the damages and the costs deducted from the damages or other costs if lien lawyers for costs cannot prevent it.
(7) References in this section about the net liability of the Director-General on the account of any person in respect of a particular proceeding refers to the amount of money paid or payable by the Director General on account of the person and if that person is represented in the proceedings by the Director General, the net liability of the Director-General refers to any amount of money in the opinion of the Director-General will be payable on account of such person if he was represented by attorney assigned to it , in respect of the proceedings and the amount of money that's not been reimbursed with money obtained pursuant to an order or agreement for costs made in favour in respect of the proceedings.
Cancellation of Declaration 19. (1) the Director of legal aid or any person appointed under subsection 3 (2) may, at any time, and whether or not an application has been made for the purpose, cancel any legal aid certificate issued under section 15 or 16 or, if so authorized by the Minister, under section 16A, and subject to subsection (2) of this section a person who has been granted the certificate shall cease from being a person who assisted with effect from the date of the revocation.
026B.fm Page 17 Monday, March 27, 2006 5:14 PM 18 laws of Malaysia ACT 26 (2) where a legal aid certificate is cancelled has been filed in registry of any court, the Director General or any person appointed under subsection 3 (2) shall file in the Court a notification of the revocation, and, starting from the date the notification is filed, the person who has been given the legal aid certificate shall cease from being a person who assisted.
(3) when the notification is filed in court, unless directed otherwise by the judge of the Court where the suit is awaiting consideration, all proceedings on the suit shall be, in accordance with this subsection, suspended for a period of fourteen days and, subject to the aforesaid, during that period, the time prescribed by or under any law or by or under any rules of court regulations, rules or other for doing any act or taking any step in the proceedings is not running.
(4) the period for the proceedings suspended pursuant to subsection (3) of this section may be reduced or extended by order of a judge of the Court in which the suit is pending consideration.
(5) the Director General or any person appointed under subsection 3 (2) shall take such steps as he deems reasonable or necessary to notify a person who has been granted a legal aid certificate on cancellation of any such certificate.
Application by more than one party 20. If a person who has made an application for legal aid under this part or a person assisted is a party in any proceeding and any other party makes application for legal aid under this part in respect of the proceedings, the provisions of this Act shall apply to both the parties: provided that the Director-General's own legal aid cannot act for any one party but shall assign a lawyer who will be selected by the person who assisted the If he want to do that, 026B.fm Page 18 Monday, March 27, 2006 5:14 PM 19 legal aid or by the Director General of the relevant panel of solicitors maintained in accordance with section 5 to act for every person who assisted it.
Registering and filing certificate of 21. (1) where a legal aid certificate granted under section 15, 16 or 16A, Director General of legal aid can act on behalf of the person who assisted the or can assign a lawyer who will be selected by the person assisted that, if he want to do so, or by the Director General of the relevant panel of solicitors maintained in accordance with section 5 to act in such a way, and in such case the Director General legal aid shall be recorded the name of the assigned lawyers in the legal aid certificate it: provided that if a lawyer is assigned to act after the certificate is filed in court, or if a new assignment is made to replace assigned counsel in the past, the Director-General shall not be required to register the name of the assigned counsel in the certificate, or the new assigned that, but can, on the other hand, told the delegation or delegation of the new letter to the officer of the Court in which the proceedings are supposed to wait for consideration.
(2) before taking any other steps in the proceedings that the Director-General or counsel assigned so shall file a legal aid certificate in the registry of the Court in which the proceedings pending the deliberations or in which the proceedings are brought and no any court fees charged for filing the certificate.
(3) where a legal aid certificate is filed in such a way, people assisted is — (a) it shall not be liable to pay in respect of any proceedings is meant by acknowledgement that court fees or any fees payable for delivering the process or any fees payable to Syerif in respect of the implementation of the process;
026B.fm Page 19 Monday, March 27, 2006 5:14 PM 20 laws of Malaysia ACT 26 (b) is entitled to be given a copy of the record of the evidence the judge for free in any proceedings intended by the certificate; and (c) unless the provision expressly made in this Act, shall not be liable to pay costs to any other party in any proceedings intended by such certificate.
(4) subject to section 18 and 22 there anyone who backs t any b e a t t an iasa au eport a t au give any opinion under any provision of this Act or conduct any proceedings pursuant to a delegation under this Act can take or agree to take or request from any person any assisted profit or remuneration (money or other) with respect thereto.
Deposit for contingency expenses 22. (1) the Director of legal aid may require any applicant for legal aid under this part or any person who has been granted a legal aid certificate under section 15, 16 or 16A deposited with him a sum of money at any time it deems fit by the Director-General to be used for paying contingent expenses (excluding office expenses) incurred in connection with the application or with any proceedings intended by the application or by the legal aid certificate.
(2) any sum of money deposited such shall be used only to pay for expenses that contingency and any part of the money that is not spent on such shall be refunded to the applicant.
(3) if the Director General is satisfied that a deposit is required under subsection (1) of this section will cause trouble, Director-General may pay any contingency expenditure (excluding expenditure on Office) of the money allocated for that purpose from time to time or make any payment to pay any unexpected expenses as he may deem necessary.
026B.fm Page 20 Monday, March 27, 2006 5:14 PM 21 legal aid (4) any such payment made should be used only to pay for expenses that contingency and any part of the money that is not spent on such shall be returned to the Director General legal aid.
The Court may order the payment of costs by the person who assisted in any case 23. (1) if it is found by the Court or judge that a legal aid certificate granted under section 15 or 16 has been obtained by fraud or misrepresentation, the Court or the judge may order the person who assisted the Director General pay the cost or the cost of the lawyer who has been acting on his behalf or the cost of the other party, or the cost of the Director-General or the solicitor and the party for the second-of each.
(2) in subsection (1) a reference to "the person who assisted", if the legal aid certificate has been revoked before the order is made, including the person who assisted immediately before the order is cancelled.

(3) if it is found by the Court or judge that a person assisted is acting with should not be in bringing or defending any proceedings or in conducting the proceedings, the Court or the judge may order the person who assisted the Director General pay the cost or the cost of the lawyer who has been acting on his behalf or the cost of the other party, or the cost of the Director-General or the solicitor and the party for both.
(4) If an order made under subsection (1) or (3) c o s i t u h e n d a k l a h d i t e t a r k a n s e o l a h-o l a h r i h a h ordered to pay the cost that's not someone who assisted.
(5) the costs ordered that paid that, unless otherwise directed by the order, including — (a) the fees and charges of the kind referred to in paragraph 21 (3) (a) and (b); and (b) any money that was spent by the Director General to pay unexpected expenses 026B.fm Page 21 Monday, March 27, 2006 5:14 PM 22 laws of Malaysia ACT 26 or paid by the Director General for that purpose pursuant to subsection 22 (3).
(6) if the cost of the Director-General or the cost of legal counsel acting on behalf of the person who assisted the commanded to be paid under subsection (1) or (3) of this section, including any fees, charges or money referred to in subsection (5) of this section, if there is any amount of money being recovered by the Director General in respect of the cost of the sums obtained shall be used first of all for explaining the fi charges or the money.
Legal aid could not be terminated without the permission of 24. (1) a person who assisted may not, without the permission of the Director-General, discharge any lawyers assigned to act under this part in his stead.
(2) any solicitor assigned to act on behalf of a person who assisted cannot discontinue bantuannya without the permission of the Director General of legal assistance: provided that a lawyer can be represented by a lawyer to another.
Cost 25. (1) if the proceeding in which a person who assisted becomes a party brought in any court, the Court shall make, for the benefit of those who assisted it, orders for costs (except against someone who helped another) similar to those to be made by the Court for the benefit of those who assisted it if he wasn't a who assisted and, if the cost of following the results of the proceedings , a person who assisted reserves the right (with the exception of one who aided others) to cost in the same way as if he is not a person who helped, although there is no any money due or to be due by the person assisted that, or even that cost more than the amount due or to be due by the person who assisted them.
(2) if any money was claimed by a person who assisted (whether in proceedings or in accordance with a settlement or compromise), such person is liable to pay to the 026B.fm Page 22 Monday, March 27, 2006 5:14 PM 23 legal aid Director General that much of the money was claimed that as was claimed in respect of costs.
(3) for the purposes of subsection (2) of this section in respect of the claimed money cost shall be deemed to be that much of the claimed amounts of money in excess of the amount (if any) that can be obtained by the person assisted as anything other than as a cost.
(4) where any money obtained by a person who has been granted a legal aid certificate under section 15, 16 or 16A (whether in proceedings or in accordance with a settlement or compromise), subject to the provisions of this subsection, he is liable to pay the money obtained from the Director General of the sum of all money paid or payable by the Director General on account of the person and , if that person is represented in the proceedings by the Director General, he is liable to pay the money as much as in the opinion of the Director-General will be payable on account of such person if he was represented by a lawyer assigned to him: provided that — (a) if the money was claimed is not more than a thousand dollars, there are no any money payable by the person who assisted under this subsection;
(b) if the money was claimed that more than a thousand dollars, the amount of money payable by the person who assisted under this subsection shall not be more than — (i) a quarter of the amount claimed; or (ii) the difference between the amount received by the sum of a thousand dollars, whichever is less.
(5) without prejudice to the generality of subsection (1), (2), (3) and (4) the expression "cost" includes — (a) the fees lawyers whether the fees have been paid or not;
(b) the fees and charges of the kind referred to in paragraph 21 (3) (a) and (b); and 026B.fm Page 23 Monday, March 27, 2006 5:14 PM 24 laws of Malaysia ACT 26 (c) any money spent by the Director General pursuant to subsection 22 (3), to pay for expenses or fees paid by the Director General for that purpose.
(6) if the costs being recovered by the Director General under this section, including any fees, charges or money referred to in paragraph (5) (b) and (c), the cost of obtained shall be used first of all for explaining the fees, charges or the money.
Proceedings are suspended when the application for legal aid made 26. (1) if the suit was commenced and any party applying for legal aid under this Act, the Director General shall, as soon as possible after the application is made, notify the other party or each of the other party, and filing a memorandum regarding the notification in the Court in which the suit is pending consideration and there are no such fees may be imposed in respect of the filing of the memorandum.
(2) If a memorandum filed as such, unless ordered otherwise by a judge of the Court where the suit is awaiting consideration, all proceedings on the legal shall, in accordance with this section, suspended for a period of fourteen days, and within i tu (unless ordered otherwise by the judge) the time prescribed by or under any written law or by or under any rules of court regulations, rules or other for doing any act or taking any step in the proceedings is not running: provided, however — (a) the filing of a memorandum that does not effect to prohibit from made of — (i) an order for an injunction interlokutori or to appoint a receiver or Manager or receiver and Manager;
026B.fm Page 24 Monday, March 27, 2006 5:14 PM legal aid 25 (ii) an order to prohibit keluputan a caveat against dealings of land; or (iii) any other order which, in the opinion of the judge of the Court where the legal m e n u n g g u p e r t i m b a n g a n, p e r l u u n t u k avoid an unfair sentence and that cannot be corrected;
(b) that, unless ordered otherwise by a judge of the Court where the suit is awaiting consideration, filing of the memorandum shall not be in force to prohibit from d i m u l a k a n a t o r i n t e r n s k a n d r o s i d i n g u n t u k get , enforce or execute any order referred to in paragraph (a) in the provision of a decree to that effect.
(3) the term for proceedings suspended under this section may be reduced or extended by order of a court right im bag i d i where legal i tu awaiting consideration.
Appeals from those who assisted 27. If a legal aid certificate granted under section 15, 16 or 16A have been filed in any court and proceedings intended by the certificate was held in the Court, and those who supported it want to bring any appeal or any proceeding in the form of appeal against the decision of the Court, he is not entitled to bring an appeal or proceeding in the form of the appeal as someone who assisted unless , in cases in which the certificate has been granted under section 16A, Minister, and in all other cases, the Director-General, is satisfied that the person assisted that there is good reason to appeal and have been recommending the same.
Rules of the Court of 28. If necessary or expedient made such rules Committee may make rules for regulating the 026B.fm Page 25 Monday, March 27, 2006 5:14 PM 26 laws of Malaysia ACT 26 regulated practices and procedure of any court in which proceedings may be brought by a person who assisted.
Part V LEGAL ADVICE right to get legal advice and the kind of advice 29. (1) subject to this section, legal advice regarding any matters specified in the schedule of the second, third and fourth shall be held for people who are resident and are in Malaysia.
(2) legal advice shall consist of advice orally regarding the law given by the Director-General of legal aid or a lawyer whose name is in the relevant panel of solicitors maintained in accordance with section 5 and includes preparing legal aid applications and provide the information required for determining the financial resources of the applicant but shall not include advice on any law other than the laws of Malaysia.
(3) Provision may be made by regulations to define or restrict the question-the question of which legal advice can be given and for regulating all matters relating to fees, charges and costs in respect of the provision of legal advice.

(4) any person requesting legal advice should apply to the Director General legal assistance and he/she is required to — (a) the satisfaction of the Director-General that he is unable to obtain legal aid in accordance with the normal way; and (b) pay to the Director General a fee of two dollars or any other fees as may be prescribed.
(5) the Minister may by order alter or amend the fourth schedule.
026B.fm Page 26 Monday, March 27, 2006 5:14 PM 27 PART VA legal aid provision MEDIATION mediation 29A. (1) the Minister may authorise the Director-General of legal aid to provide mediation to those who assisted.
(2) every mediation session shall be conducted by a mediator or more.
Dispute 29B. (1) any person who becomes a party to the dispute that is or may be the subject or related to any of the proceedings specified in the third schedule or may refer the dispute to the mediator.
(2) without prejudice to subsection (1), the Director-General may refer to the mediator any comp ikaian which is a thing or can be a matter or in connection with any proceeding or specified in the third schedule.
(3) a mediation session can be started or continued either not the dispute can be a matter or a matter before any court, tribunal or body.
(4) the person who assisted can be regarded as argue about any thing he or they do not agree on the matter of whether or not any consultation relating thereto is in progress.
Mediation is a voluntary basis 29C. (1) attendance at and participation in a mediation session on a voluntary basis.
(2) any party in a mediation session can withdraw from the mediation session at any time.
026B.fm Page 27 Monday, March 27, 2006 5:14 PM 28 laws of Malaysia ACT 26 (3) attendance at, participation in or withdrawal from the mediation hearing conducted under this Act does not affect any right or remedy available at parties argue that.
Solution or arrangement shall be entered 29D. There are no solutions or agreement may bind the parties in a mediation session unless a solution or an agreement that has been written down and signed by the party to the agreement or settlement.
Confidential communication with the mediator 29E. No person shall be compelled to disclose to the Court any confidential communication occurred between the person with the mediator, if mediation fails, unless that person offered himself as a witness, and in the case that such people could be forced to disclose communications that are discovered only by the Court should be known for elaborate on any evidence that has been given by that person.
Mediator 29F. (1) the Minister may appoint any person as mediator for the purposes of this section.
(2) every person appointed under subsection (1) shall be subject to the direction and general supervision of the Director General legal assistance and shall not be entitled to appear and be berguam in any of the courts in Malaysia.
PART VI GENERAL Privileges for certain contact 30. (1) the privileges and rights as arising from the relationship between the client with the barrister and solicitor acting according to his professional occupations shall be the following relationship arising from, namely: 026B.fm Page 28 Monday, March 27, 2006 5:14 PM 29 legal aid (a) relationship between the person who is granted legal aid under section 11 with the Director-General and the solicitor (if any) as may be delegated to act on his behalf;
(b) the relationship between an applicant legal aid under this Act with the Director-General and the solicitor (if any) to which the application referred to;
(c) the relationship between the person who is assisted by the Director-General and the solicitor (if any) as may be delegated to act on his behalf in any proceedings intended by a legal aid certificate under section 15, 16 or 16A;
(d) the relationship between the person who asks for legal advice to the Director General and attorneys (if any) that provide the advice.
(2) Notwithstanding anything contained in subsection (1) keist imewaan mentioned it i tu t idaklah terbi t with respect to any information provided to the Director General regarding the property or income of the applicant legal aid certificate under this Act.
(3) except as provided by this Act or by regulations made thereunder, the right granted by this Act to a person who is receiving legal aid or legal advice under part III, IV or V, as the case may be, shall not affect the rights or liabilities of any other person in the proceedings or the principles on which the discretion of any court or tribunal running on usually.
31. false statement If anyone asks for or receiving legal advice help or knowingly make any statement or a false misstatement when providing any information in his application, on conviction he could be liable to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding six months or to both.
026B.fm Page 29 Monday, March 27, 2006 5:14 PM 30 laws of Malaysia ACT 26 decisions made under this Act is final and conclusive 31A. Any decision made under this Act — (a) to provide or not provide legal assistance under part III or IV;
(b) to cancel a legal aid certificate or reject the application for that purpose under section 19; or (c) to recommend under section 27 that someone who assisted good is no reason to appeal or reject for the purpose, final and conclusive and shall not be questioned or reviewed in any court: provided that any person who is not satisfied with a decision made under this Act by any person appointed under subsection 3 (2) to reject the application for legal aid may appeal to the Director General and its decision on the appeal on and final and shall not be questioned or reviewed in any court.
Release from liability 31B. No matter or thing done or omitted than done by — (a) the Director of legal aid (b) the person appointed under subsection 3 (2); or (c) a mediator appointed under section 29F, may, if the thing or the thing to be done in good faith for the purpose of carrying out the provisions of the Act and does not involve any fraud or wilful misconduct, making any of them shall be liable to any action, liability, claim or claims.
026B.fm Page 30 Monday, March 27, 2006 5:14 PM 31 legal aid regulations 32. (1) the Minister may make regulations which are not inconsistent with the provisions of this Act to fix anything that can be set (other than for the purpose of regulating the practice and procedure of any court).
(2) without prejudice to the generality of subsection (1), regulations made under that subsection may provide for any or all of the following: (a) the fees, charges and costs in relation to the proceeding in which the person who assisted or granted legal aid under this Act become a party and to remit any fee or charge it;
(b) obtain money due in respect of legal aid and for enforcing the pertanggungan created by this Act to the property obtained or maintained on behalf of a person who accepts legal assistance, including the provision of — (i) for the enforcement of any order or agreement for costs made for the benefit of a person who has received legal aid; and (ii) for the mengehakkan lawyers to earn all or part of costs depends on the implementation of the obligations that are ditanggungkan to him by regulations made for the purposes of this paragraph;
(c) any provision necessary for special circumstances if — (i) any person requesting legal aid in a matter to be rushed by special reasons;
(ii) a person began to receive legal aid after consultation with an officer in common with respect to the matter, or ceases to receive aid 026B.fm Page 31 Monday, March 27, 2006 5:14 PM 32 laws of Malaysia ACT 26 legal before matters in question resolved by final; and (iii) there is any change in the circumstances pertaining to the time a person receiving legal aid; and (ca) to regulate the practice and procedure of the mediation; and (d) any other matter for the purpose of implementing any provision of this Act.
The abolition of 33. Ordinance No. 39 (the powers necessary) Emergency 1970 [P.U. (A) 257/1970] are hereby repealed.
FIRST SCHEDULE (Cut by the Act A1188) SECOND SCHEDULE [section 10] ABOUT CRIMINAL PROCEEDINGS 1. All criminal proceedings in which the accused is not represented by a lawyer pleaded guilty to the charge and would like to make an appeal to ease the punishment therefor.
2. Criminal proceedings under the Child Protection Act 1991 [Act 468] *.
3. Criminal proceedings under the Minor Offences Act 1955 [Act 336].
* NOTE — Applicable only for Peninsular Malaysia and Labuan — see P.U. (B) 77/1992. Child Protection Act 1991 has now been removed by the Child Act 2001 [Act 611].
026B.fm Page 32 Monday, March 27, 2006 5:14 PM legal aid 33 THIRD SCHEDULE [section 12] ABOUT CIVIL PROCEEDINGS

1. Proceedings under the Act of Female Bersuami and children (Maintenance) 1950 [Act 263].
2. Proceedings under the Maintenance Orders (Facilities for enforcement) 1949 [Act 34] to the temporary order.
3. Proceedings under the Act of Female Bersuami and children (enforcement of maintenance) 1968 [Act 356].
4. Proceedings in respect of maintenance, custody, divorce and property sepencarian in Court administers Islamic law in which any person or advocates and solicitors are allowed to attend.
5. rights and liabilities under the workmen's Compensation Act 1952 [Act 273].
6. The rights and obligations under the Act the Rice Growers (Control of rent and guarantee Holding) 1967 [Act 528].
7. rights and liabilities under the small estates (distribution) 1955 [Act 98].
8. The rights and obligations of civil action for damages arising from an accident involving a motor vehicle within the meaning of the road transport act 1987 [Act 333].
9. rights and liabilities under the moneylenders Act 1951 [Act 400].
10. rights and liabilities regarding divorce and custody proceedings.
11. Liabilities regarding proceedings in respect of the tenancy.
12. rights and liabilities under the hire purchase Act 1967 [Act 212].
13. Application for Probate and Estate Administration.
14. Rights and liabilities of the Adoption Act 1952 [Act 257].
15. Consumer claims.
026B.fm Page 33 Monday, March 27, 2006 5:14 PM 34 laws of Malaysia ACT 26 FOURTH SCHEDULE [Subsection 29 (1)] DESCRIPTION CAN BE GIVEN LEGAL ADVICE legal advice on all matters.
026B.fm Page 34 Monday, March 27, 2006 5:14 PM 35 laws of MALAYSIA Act 26 LEGAL AID ACT 1971 LIST AMENDMENT of laws that amend the short title effect from P.U. (A) 214/1971 order of the legal aid (Amendment) Act 1971, 25-06-1971 P.U. (A) 293/1972 order of the legal aid (Amendment) Act 1972 22-09-1972 P.U. (A) 104/1973 order of the legal aid (Amendment) 1973, 07-04-1973 P.U. (A) 46/1975 order of the legal aid (Amendment) 1975, 01-03-1975 P.U. (A) 27/1982 legal aid (Order Amendment) 1982 01-02-1982 Act A578 legal aid Act (Amendment) Act 1984 20-01-1984 legal aid Act A653 Act (Amendment) Act 1986 16-05-1986 Act A911 legal aid Act (Amendment) 1995 17-02-1995 026B.fm Page 35 Monday, March 27, 2006 5:14 PM 36 laws of Malaysia ACT 26 A1188 Act legal aid Act (Amendment) 2003 15-07-2003: for section 2, paragraph 3 (a), (b), (c) and (f) and section 12 [P.U. (B) 242/2003] 01-06-2005 : section otherwise [P.U. (B) 177/2005] laws that amend the short title effect from 026B.fm Page 36 Monday, March 27, 2006 5:14 PM 37 laws of MALAYSIA Act 26 LEGAL AID ACT 1971 LIST of SECTION AMENDED Section Power amend with effect from 2 Act A578 20-01-1984 Act A653 16-05-1986 Act A911 17-02-1995 Act A1188 15-07-2003; 01-06-2005 3 Act A578 20-01-1984 Act A653 16-05-1986 Act A1188 15-07-2003; 01-06-2005 4 Act A653 16-05-1986 Act A1188 15-07-2003 5 A1188 Act 15-07-2003 6 Act A578 20-01-1984 7 Act A653 16-05-1986 Act A1188 01-06-2005 8 Act A578 20-01-1984 Act A653 16-05-1986 Act A1188 01-06-2005 9 Act A578 20-01-1984 026B.fm Page 37 Monday, March 27, 2006 5:14 PM 38 laws of Malaysia ACT 26 Act A1188 01-06-2005 10 Act A578 20-01-1984 Act A653 16-05-1986 Act A1188 15-07-2003; 01-06-2005 11 Act A578 20-01-1984 Act A1188 15-07-2003 12 Act A578 20-01-1984 Act A653 16-05-1986 Act A1188 15-07-2003 13 A1188 Act 15-07-2003; 01-06-2005 14 Act A578 20-01-1984 Act A1188 15-07-2003 15 Act A578 20-01-1984 Act A911 17-02-1995 Act A1188 15-07-2003; 01-06-2005 16 Act A578 20-01-1984 Act A911 17-02-1995 Act A1188 15-07-2003; 01-06-2005 16A A578 Act 20-01-1984 Act A653 16-05-1986 Act A1188 15-07-2003 16B A911 Act 17-02-1995 Act A1188 15-07-2003 Section Power amend the effect from 026B.fm Page 38 Monday, March 27, 2006 5:14 PM 39 17 legal aid Act A578 20-01-1984 Act A911 17-02-1995 Act A1188 01-06-2005 18 Act A578 20-01-1984 Act A1188 15-07-2003; 01-06-2005 19 Act A578 20-01-1984 Act A653 16-05-1986 Act A1188 15-07-2003 20 A1188 Act 15-07-2003 21 Act A578 20-01-1984 Act A1188 15-07-2003 22 Act A578 20-01-1984 Act A1188 15-07-2003, 23 of A1188 15-07-2003 24 Act A1188 15-07-2003 25 Act A578 20-01-1984 Act A1188 15-07-2003 26 Act A1188 15-07-2003 27 Act A578 20-01-1984 Act A653 16-05-1986 Act A1188 15-07-2003 29 Act A653 16-05-1986 Act A911 17-02-1995 Act A1188 15-07-2003; 01-06-2005 Section Power amend the effect from 026B.fm Page 39 Monday, March 27, 2006 5:14 PM 40 laws of Malaysia ACT 26 29A – 29F A1188 Act 01-06-2005 30 Act A578 20-01-1984 Act A1188 15-07-2003 31A A578 Act 20-01-1984 Act A1188 15-07-2003 31B A1188 Act 01-06-2005 32 Act A1188 01-06-2005 first schedule of Act A578 20-01-1984 Act A1188 01-06-2005 Second Schedule P.U. (A) 104/1973 07-04-1973 P.U. (A) 27/1982 01-02-1982 third schedule P.U. (A) 214/1971 25-06-1971 P.U. ( A) 293/1972 22-09-1972 P.U. (A) 104/1973 07-04-1973 P.U. (A) 46/1975, 01-03-1975 P.U. (A) 27/1982 01-02-1982 the fourth schedule P.U. (A) 214/1971 25-06-1971 P.U. (A) 293/1972 22-09-1972 P.U. (A) 104/1973 07-04-1973 P.U. (A) 46/1975, 01-03-1975 P.U. (A) 27/1982 01-02-1982 Section Power amend the effect from 026B.fm Page 40 Monday , March 27, 2006 5:14 PM