2006

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Attorney-General)

Part 1.1 Rules for solicitors 475

Part 1.2 Rules for barristers 549

Part 2.1 Civil Law (Wrongs) Act 2002 598

Part 2.2 Commercial Arbitration Act 1986 598

Part 2.3 Court Procedures Act 2004 599

Part 2.4 Court Procedures Regulation 2004 599

Part 2.5 Director of Public Prosecutions Act 1990 600

Part 2.6 Government Solicitor Act 1989 600

Part 2.7 Legal Aid Act 1977 600

Part 2.8 Legislation Act 2001 603

Part 2.9 Notaries Public Act 1984 603

Part 2.10 Supreme Court Act 1933 604

Part 4.1 Preliminary—sch 4 609

Part 4.2 Special provisions about old mortgages 610

2006

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Attorney-General)

An Act about the legal profession and legal services

The Legislative Assembly for the Australian Capital Territory enacts as follows:

This Act is the Legal Profession Act 2006.

This Act commences on 1 July 2006.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.

For example, the signpost definition ‘conditional costs agreement, for part 3.2 (Costs disclosure and review)—see section 261.’ means that the term ‘conditional costs agreement’ is defined in that section for part 3.2.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

The purposes of this Act are as follows:

(a) to provide for the regulation of legal practice in the ACT in the interests of the administration of justice and for the protection of consumers of the services of the legal profession and the public generally;

(b) to facilitate the regulation of legal practice on a national basis across State and Territory borders.

In this Act:

Australian lawyer means a person who is admitted to the legal profession under this Act or a corresponding law.

interstate lawyer means a person who is admitted to the legal profession under a corresponding law, but not under this Act.

local lawyer means a person who is admitted to the legal profession under this Act (whether or not the person is also admitted under a corresponding law).

In this Act:

Australian legal practitioner means an Australian lawyer who holds a local practising certificate or interstate practising certificate.

interstate legal practitioner means an Australian lawyer who holds an interstate practising certificate, but not a local practising certificate.

local legal practitioner means an Australian lawyer who holds a local practising certificate.

In this Act:

associate, of a law practice, means—

(a) an Australian legal practitioner who is—

(i) for a law practice constituted by a sole practitioner—the sole practitioner; or

(ii) for a law practice that is a law firm—a partner in the law practice; or

(iii) for a law practice that is an incorporated legal practice—a legal practitioner director in the practice; or

(iv) for a multidisciplinary partnership—a legal practitioner partner in the practice; or

(v) an employee of the law practice; or

(b) an agent of the law practice who is not an Australian legal practitioner; or

(c) an employee of, or a person paid in connection with, the law practice who is not an Australian legal practitioner; or

(d) an Australian-registered foreign lawyer who is a partner in the law practice; or

(e) a person (other than an Australian legal practitioner) who is a partner in a business that includes the law practice; or

(f) a person (other than an Australian legal practitioner) who shares the receipts, revenue or other income arising from the legal practice; or

(g) an Australian-registered foreign lawyer who has a relationship with the law practice of a kind prescribed by regulation.

lay associate, of a law practice or a local legal practitioner, means an associate of the practice or legal practitioner who is not an Australian legal practitioner.

legal practitioner associate, of a law practice, means an associate of the practice who is an Australian legal practitioner.

principal, of a law practice, means an Australian legal practitioner who is—

(a) for a law practice constituted by a sole practitioner—the sole practitioner; or

(b) for a law practice that is a law firm—a partner in the law practice; or

(c) for a law practice that is an incorporated legal practice—a legal practitioner director in the practice; or

(d) for a multidisciplinary partnership—a legal practitioner partner in the practice.

(1) This section has effect for this Act.

(2) The home jurisdiction of an Australian legal practitioner is the jurisdiction in which the practitioner’s only or most recent Australian practising certificate was granted.

(3) The home jurisdiction of an Australian-registered foreign lawyer is the jurisdiction in which the lawyer’s only or most recent registration was granted.

(4) The home jurisdiction of an associate of a law practice who is neither an Australian legal practitioner nor an Australian-registered foreign lawyer is—

(a) if only 1 jurisdiction is the home jurisdiction of the only associate of the practice who is an Australian legal practitioner or for all the associates of the practice who are Australian legal practitioners—that jurisdiction; or

(b) if no 1 jurisdiction is the home jurisdiction of all the associates of the practice who are Australian legal practitioners—

(i) the jurisdiction in which the office is situated where the associate performs most of the associate’s duties for the law practice; or

(ii) if a jurisdiction cannot be decided under subparagraph (i)—the jurisdiction in which the associate is enrolled under a law of the jurisdiction to vote at elections for the jurisdiction; or

(iii) if a jurisdiction can be decided under neither subparagraph (i) nor subparagraph (ii)—the jurisdiction decided in accordance with criteria prescribed by regulation.

(1) Each of the following is a suitability matter for an individual:

(a) whether the person is currently of good fame and character;

(b) whether the person is or has been an insolvent under administration;

(c) whether the person has been convicted of an offence in Australia or a foreign country, and if so—

(i) the nature of the offence; and

(ii) how long ago the offence was committed; and

(iii) the person’s age when the offence was committed;

(d) whether the person engaged in legal practice in Australia—

(i) when not admitted, or not holding a practising certificate, as required under this Act or a previous territory law that corresponds to this Act or under a corresponding law; or

(ii) if the person was admitted—in contravention of a condition of admission; or

(iii) if the person held an Australian practising certificate— in contravention of a condition of the certificate or while the certificate was suspended;

(e) whether the person has practised law in a foreign country—

(i) when not permitted under a law of that country to do so; or

(ii) if permitted to do so, in contravention of a condition of the permission;

(f) whether the person is currently subject to an unresolved complaint, investigation, charge or order under any of the following:

(i) this Act or a previous territory law that corresponds to this Act;

(ii) a corresponding law or corresponding foreign law;

(g) whether the person—

(i) is the subject of current disciplinary action, however expressed, in another profession or occupation in Australia or a foreign country; or

(ii) has been the subject of disciplinary action, however expressed, relating to another profession or occupation that involved a finding of guilt;

(h) whether the person’s name has been removed from—

(i) a local roll, and has not since been restored to or entered on a local roll; or

(ii) an interstate roll, and has not since been restored to or entered on an interstate roll; or

(iii) a foreign roll;

(i) whether the person’s right to engage in legal practice has been suspended or cancelled in Australia or a foreign country;

(j) whether the person has contravened, in Australia or a foreign country, a law about trust money or trust accounts;

(k) whether, under this Act, a law of the Commonwealth or a corresponding law, a supervisor, manager or receiver, however described, is or has been appointed in relation to any legal practice engaged in by the person;

(l) whether the person is or has been subject to an order, under this Act, a law of the Commonwealth or a corresponding law, disqualifying the person from being employed by, or a partner of, an Australian legal practitioner or from managing a corporation that is an incorporated legal practice;

(m) whether the person currently is unable to satisfactorily carry out the inherent requirements of practice as an Australian legal practitioner.

(2) A matter is a suitability matter even if it happened before the commencement of this section.

For this Act, an information notice is a written notice to a person about a decision stating—

(a) the decision; and

(b) the reasons for the decision; and

(c) the rights of appeal or review available to the person in relation to the decision and the period within which an appeal or review must be made or applied for.

(1) A reference in this Act to a conviction includes a reference to a finding of guilt, or the acceptance of a guilty plea, whether or not a conviction is recorded.

Note Found guilty is defined in the Legislation Act, dict.

(2) Without limiting subsection (1), a reference in this Act to the quashing of a conviction for an offence includes a reference to the quashing of—

(a) a finding of guilt in relation to the offence; or

(b) the acceptance of a guilty plea in relation to the offence.

(3) However, a reference in this Act to the quashing of a conviction for an offence does not include a reference to the quashing of a conviction if—

(a) a finding of guilt in relation to the offence remains unaffected; or

(b) the acceptance of a guilty plea in relation to the offence remains unaffected.

(1) This chapter sets out general requirements for engaging in legal practice in the ACT.

(2) The following is a general outline of the contents of this chapter:

(a) part 2.2 provides for the reservation of legal work and legal titles to properly qualified entities;

(b) part 2.3 sets out the qualifications and procedure for admission to legal practice in the ACT;

(c) part 2.4 provides for the grant, renewal, amendment, suspension and cancellation of practising certificates in the ACT and sets out the entitlements of holders of interstate practising certificates to engage in legal practice in the ACT;

(d) part 2.5 provides a scheme for notification of and response to action taken by courts and other authorities in the ACT and other jurisdictions regarding admission to the legal profession and the right to engage in legal practice;

(e) part 2.6 regulates the provision of legal services in the ACT by corporations and by partnerships that provide legal services and nonlegal services;

(f) part 2.7 regulates the practice of the law of a foreign country in the ACT;

(g) part 2.8 regulates the provision of legal services in the ACT by community legal centres.

(3) Subsection (2) is intended only as a guide to the general scheme of this chapter.

The purposes of this part are as follows:

(a) to protect the public interest in the proper administration of justice by ensuring that legal work is carried out only by people who are properly qualified to do so;

(b) to protect consumers by ensuring that people carrying out legal work are entitled to do so.

(1) A person commits an offence if—

(a) the person engages in legal practice in the ACT; and

(b) the person is not an Australian legal practitioner.

Maximum penalty: 100 penalty units.

1 preparing a will or other testamentary instrument

2 preparing an instrument creating or regulating rights between people

3 preparing an instrument relating to property or a legal proceeding

4 acting as advocate for someone in a proceeding before a court or tribunal

5 preparing papers to be used in support of, or opposition to, an application for the grant of probate or letters of administration

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(2) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that the defendant did not engage in the legal practice for fee, gain or reward.

(3) Subsection (1) does not apply to engaging in legal practice of the following kinds:

(a) legal practice engaged in under a territory law or a law of the Commonwealth;

(b) legal practice engaged in by an incorporated legal practice in accordance with part 2.6 (Incorporated legal practices and multidisciplinary partnerships);

(c) the practice of foreign law by an Australian-registered foreign lawyer in accordance with part 2.7 (Legal practice—foreign lawyers);

(d) legal practice engaged in by a complying community legal centre;

(e) legal practice prescribed by regulation.

(4) Subsection (1) also does not apply to—

(a) an employee providing legal services to his or her employer or a related entity if the employee—

(i) acts in the ordinary course of his or her employment; and

(ii) receives no fee, gain or reward for acting other than his or her ordinary remuneration as an employee; or

(b) an agent or salesperson under the Agents Act 2003 inserting details mentioned in that Act, section 89B (1) (a) or (b) into a proposed contract to which that subsection applies; or

(c) a public employee, a member of the Australian Public Service or a member of the defence force preparing an instrument, or carrying out any other activity, in the course of his or her duties; or

(d) an employee of a trustee company under the Trustee Companies Act 1947 preparing a will, or carrying out any other activity, in the course of his or her duties; or

(e) a person declared exempt from subsection (1) under a regulation.

(5) Subsection (1) has effect subject to any territory law or law of the Commonwealth that authorises a person to engage in conduct that is engaging in legal practice.

(6) A person is not entitled to recover any amount in relation to anything the person did in contravention of subsection (1).

(7) A person may recover from someone else, as a debt owing to the person, any amount the person paid to the other person in relation to anything the other person did in contravention of subsection (1).

(8) A regulation may make provision in relation to the application (with or without change) of provisions of this Act to people engaged in legal practice of a kind mentioned in subsection (3) (other than paragraphs (a) and (b)) or people mentioned in subsection (4).

(9) In this section:

fee, gain or reward means any form of, and any expectation of, a fee, gain or reward.

(1) A person commits an offence if—

(a) the person represents or advertises that the person is entitled to engage in legal practice; and

(b) the person is not an Australian legal practitioner.

Maximum penalty: 50 penalty units.

(2) A person commits an offence if—

(a) the person is a director, officer, employee or agent of a corporation; and

(b) the person represents or advertises that the corporation is entitled to engage in legal practice; and

(c) the corporation is not an incorporated legal practice.

Maximum penalty: 50 penalty units.

(3) Subsections (1) and (2) do not apply to a representation or advertisement about being entitled to engage in legal practice of a kind mentioned in section 16 (3) (Prohibition on engaging in legal practice if not entitled).

(4) A reference in this section to—

(a) a person representing or advertising that the person is entitled to engage in legal practice; or

(b) a person representing or advertising that a corporation is entitled to engage in legal practice;

includes a reference to the person doing anything that states or implies that the person or the corporation is entitled to engage in legal practice.

(1) This section applies to the following names, titles and descriptions:

• • lawyer

• • legal practitioner

• • barrister or counsel

• • solicitor or attorney

• • Queen’s Counsel, King’s Counsel, Her Majesty’s Counsel, His Majesty’s Counsel or Senior Counsel.

(2) A regulation may prescribe the kind of people who are entitled, and the circumstances in which they are entitled, to take or use a name, title or description to which this section applies.

(3) For section 17 (1) (Prohibition on representing or advertising entitlement to engage in legal practice if not entitled), the taking or using of a name, title or description to which this section applies by someone who is not entitled to take or use it, or in circumstances in which someone is not entitled to take or use it, gives rise to a rebuttable presumption that the person represented that the person is entitled to engage in legal practice.

(1) A contravention of this part by an Australian lawyer who is not an Australian legal practitioner can be unsatisfactory professional conduct or professional misconduct.

(2) This part does not affect any liability that a person who is an Australian lawyer but not an Australian legal practitioner may have under chapter 4 (Complaints and discipline), and the person may be punished for an offence against this part as well as being dealt with under chapter 4 in relation to the same matter.

The purposes of this part are as follows:

(a) in the interests of the administration of justice and for the protection of consumers of legal services, to provide a system under which only applicants who have appropriate academic qualifications and practical legal training and who are otherwise fit and proper people to be admitted are qualified for admission to the legal profession in the ACT;

(b) to provide for the recognition of equivalent qualifications and training that make applicants eligible for admission to the legal profession in other jurisdictions.

(1) A person is eligible for admission to the legal profession under this Act only if the person is an individual aged 18 years or over and—

(a) the person has attained—

(i) approved academic qualifications; or

(ii) corresponding academic qualifications; and

(b) the person has satisfactorily completed—

(i) approved practical legal training requirements; or

(ii) corresponding practical legal training requirements.

(2) The admission rules must not require a person to satisfactorily complete before admission a period of supervised training that exceeds in length a period or periods equivalent to 1 full-time year (as decided in accordance with the admission rules).

(3) The Supreme Court or admissions board may exempt a person from the requirements of subsection (1) (a) or (b) if satisfied that the person has, to an extent sufficient to be eligible for admission—

(a) academic qualifications; or

(b) relevant experience in legal practice or relevant service with a government agency.

(4) An exemption under subsection (4) may be made subject to a condition that the person is to obtain further qualifications or training.

(5) In this section:

approved academic qualifications means academic qualifications that are approved, under the admission rules, for admission to the legal profession in the ACT.

approved practical legal training requirements means legal training requirements that are approved, under the admission rules, for admission to the legal profession in the ACT.

corresponding academic qualifications means academic qualifications that would qualify the person for admission to the legal profession in another jurisdiction if the admissions board is satisfied that substantially the same minimum criteria apply for the approval of academic qualifications for admission in the other jurisdiction as apply in the ACT.

corresponding practical legal training requirements means legal training requirements that would qualify the person for admission to the legal profession in another jurisdiction if the admissions board is satisfied that substantially the same minimum criteria apply for the approval of legal training requirements for admission in the other jurisdiction as apply in the ACT.

government agency means a government department (however described) of the ACT or any other jurisdiction or of the Commonwealth, and includes an entity prescribed by regulation.

(1) In deciding if a person is a fit and proper person to be admitted to the legal profession under this Act, the Supreme Court or admissions board must consider each of the suitability matters in relation to the person to the extent a suitability matter is appropriate.

(2) Subsection (1) does not limit the relevant matters that the Supreme Court or admissions board may consider.

(3) However, the Supreme Court or admissions board may decide that a person is a fit and proper person to be admitted to the legal profession under this Act despite a suitability matter because of the circumstances relating to the matter.

(1) In this section:

applicant for admission means an applicant for admission to the legal profession under this Act.

prospective applicant for admission means a person who is undertaking, is eligible to undertake, or has completed, a course of legal studies but who is not an applicant for admission.

relevant person means—

(a) an applicant for admission; or

(b) a prospective applicant for admission; or

(c) anyone else who has a sufficient interest in applying for a declaration under this section.

(2) A relevant person may apply to the admissions board for a declaration that a matter (for example, a suitability matter) disclosed either in—

(a) the application for the declaration; or

(b) an undecided application for admission to the legal profession under this Act;

will not, without more, adversely affect an assessment by the board about whether the person is a fit and proper person to be admitted.

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(3) The admissions board must consider each application under this section and, subject to section 24, make the declaration sought or refuse to make it.

(4) A declaration under subsection (3) is binding on the admissions board unless the applicant failed to make a full and fair disclosure of all matters relevant to the declaration.

(1) The admissions board may refer to the Supreme Court an application under section 23 if, in the board’s opinion, it would be appropriate for the court to consider the application having regard to the seriousness of matters disclosed by or found out about the applicant.

(2) The Supreme Court has the same powers as the admissions board to deal with the application and its decision on the application is taken to be a decision of the board.

(3) On a referral under this section, the Supreme Court may make the order or declaration that it considers appropriate.

(4) An order or declaration under subsection (3) is binding on the admissions board unless the applicant failed to make a full and fair disclosure of all matters relevant to the order or declaration.

(1) If a declaration sought under section 23 (Early consideration of suitability for admission) is refused by the admissions board, the applicant may appeal to the Supreme Court against the refusal.

(2) An appeal under this section is by way of rehearing, and fresh evidence or evidence in addition to, or in substitution for, the evidence before the admissions board may be given on the appeal.

(3) On an appeal under this section, the Supreme Court may make the order or declaration that it considers appropriate.

(4) An order or declaration under subsection (3) is binding on the admissions board unless the applicant failed to make a full and fair disclosure of all matters relevant to the order or declaration.

(1) A person may apply to the Supreme Court to be admitted as a lawyer.

(2) The Supreme Court may admit the person as a lawyer if satisfied that the person—

(a) is eligible for admission to the legal profession; and

(b) is a fit and proper person to be admitted to the legal profession.

(3) The Supreme Court may refuse—

(a) to consider the application if it is not made in accordance with the admission rules; or

(b) to admit the person if the person has not complied with the admission rules.

(4) In making a decision under this section in relation to the application, the Supreme Court must consider, and may rely on, the admissions board’s advice in relation to the application.

(5) The advice of the admissions board may be contained in a compliance certificate.

(1) The Supreme Court must keep a roll of people admitted to the legal profession under this Act (the local roll).

(2) When a person is admitted under this Act, the person’s name must be entered on the local roll in accordance with the admission rules.

(3) A person admitted under this Act must sign the local roll.

(4) The admission of a person under this Act is effective from the time the person signs the local roll.

(5) The registrar must forward to the admissions board the name, date of birth and date of admission of each person admitted under this Act as soon as practicable after the person has signed the local roll.

A person becomes an officer of the Supreme Court on being admitted as a lawyer under this Act.

(1) The role of the admissions board is to advise the Supreme Court whether or not the admissions board considers—

(a) an applicant for admission to the legal profession is—

(i) eligible for admission; and

(ii) a fit and proper person to be admitted, including having regard to all suitability matters in relation to the applicant to the extent appropriate; and

(b) the application is in accordance with the admission rules.

(2) This section does not limit any other functions of the admissions board under a territory law.

(1) Subsection (2) applies if, after considering an application for admission to the legal profession, the admissions board considers—

(a) the applicant is—

(i) eligible for admission; and

(ii) a fit and proper person to be admitted; and

(b) the application is in accordance with the admission rules; and

(c) there are no grounds for refusing to give a certificate of the matters mentioned in paragraphs (a) and (b) (a compliance certificate).

(2) The admissions board must, within the time required by the admission rules—

(a) tell the Supreme Court its decision by filing a compliance certificate; and

(b) give a copy of the compliance certificate to the bar council and law society council.

(3) If the admissions board refuses to give a compliance certificate to an applicant for admission to the legal profession, the board must—

(a) tell the Supreme Court its decision by filing a statement about the decision and the reasons for the decision; and

(b) give a copy of the statement to the bar council and law society council; and

(c) give an information notice to the applicant.

(1) To help it consider whether or not an applicant is eligible for admission to the legal profession under this Act or is a fit and proper person to be admitted under this Act, the admissions board may, by written notice to the applicant, require the applicant—

(a) to give it stated documents or information; or

(b) to cooperate with any inquiries by the board that it considers appropriate.

(2) An applicant’s failure to comply with a notice under subsection (1) within the reasonable period, and in the reasonable way, (if any) required by the notice is a ground for refusing to give a compliance certificate for the applicant.

(3) The admissions board may refer a matter to the Supreme Court for directions.

The admissions board is taken to be a respondent to every application under this part not made by it.

(1) The purposes of this part are as follows:

(a) to facilitate the national practice of law by ensuring that Australian legal practitioners can engage in legal practice in the ACT and to provide for the certification of Australian lawyers whether or not admitted in the ACT;

(b) to provide a system for the grant and renewal of local practising certificates.

(2) A regulation may provide that a provision of this part applies with prescribed changes to—

(a) a government lawyer in relation to his or her official functions as a government lawyer; or

(b) an in-house lawyer in relation to the provision of in-house legal services for a corporation by which the lawyer is employed.

(3) In this section:

in-house lawyer means an Australian lawyer who—

(a) is employed by a corporation, that is not an incorporated legal practice; and

(b) provides only in-house legal services to the corporation.

An Australian legal practitioner is, subject to this Act, entitled to engage in legal practice in the ACT.

(1) The following kinds of practising certificates may be granted by the licensing body under this part:

(a) unrestricted practising certificates;

(b) restricted practising certificates;

(c) barrister practising certificates.

Note A current practising certificate granted under this part is a local practising certificate (see dict).

(2) A regulation may prescribe—

(a) criteria for granting or renewing practising certificates; or

(b) procedures in relation to applications for practising certificates.

(3) It is a statutory condition of a local practising certificate that the holder must not hold another local practising certificate, or an interstate practising certificate, that is in force during the currency of the firstmentioned certificate.

(4) A contravention of subsection (3) can be unsatisfactory professional conduct or professional misconduct.

(1) This section applies for section 44 (Grant or renewal of unrestricted or restricted practising certificate) and any other provision of this Act for which the question of whether a person is a fit and proper person to hold a local practising certificate is relevant.

(2) In considering whether or not a person is a fit and proper person to hold a local practising certificate, the relevant council may take into account any suitability matter relating to the person, and any of the following, whether happening before or after the commencement of this section:

(a) whether the person obtained an Australian practising certificate because of incorrect or misleading information;

(b) whether the person has contravened a condition of an Australian practising certificate held by the person;

(c) whether the person has contravened this Act or a corresponding law;

(d) whether the person has contravened—

(i) an order of the disciplinary tribunal; or

(ii) an order of a corresponding disciplinary body or of another court or tribunal of another jurisdiction exercising jurisdiction or powers by way of appeal or review of an order of a corresponding disciplinary body;

(e) without limiting any other paragraph—

(i) whether the person has failed to pay a required contribution or levy to the fidelity fund; or

(ii) whether the person has contravened a requirement of this Act, or imposed by the council, about professional indemnity insurance; or

(iii) whether the person has failed to pay other costs or expenses for which the person is liable under this Act;

(f) other relevant matters the council considers appropriate.

Note 1 A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act, s 104).

Note 2 The relevant council includes the law society council when it is exercising its functions as the licensing body (see dict, def relevant council).

(3) The relevant council may decide that a person is a fit and proper person to hold a local practising certificate despite anything mentioned in subsection (1) applying in relation to the person if the council considers that the circumstances justify that decision.

(4) If a matter was—

(a) disclosed in an application by a person for admission to the legal profession in the ACT or another jurisdiction; and

(b) a Supreme court, the admissions board or a corresponding authority decided that the matter was not to be sufficient for refusing admission;

the matter cannot be taken into account as a ground for refusing to grant or renew or for suspending or cancelling a local practising certificate, but the matter may be taken into account when considering other matters in relation to the person.

Note Section 44 (Grant or renewal of unrestricted or restricted practising certificate) provides that a local practising certificate must not be granted unless the licensing body is satisfied that the applicant is a fit and proper person to hold the certificate, and must not be renewed if it is satisfied that the applicant is not a fit and proper person to continue to hold the certificate.

(1) A local practising certificate granted under this Act is in force from the date stated in it until the end of the financial year in which it is granted, unless the certificate is sooner suspended or cancelled.

(2) A local practising certificate renewed under this Act is in force until the end of the financial year after its previous period of currency, unless the certificate is sooner suspended or cancelled.

(3) If an application for the renewal of a local practising certificate has not been decided by the following 1 July, the certificate—

(a) continues in force on and from that 1 July until the licensing body renews or refuses to renew the certificate or the holder withdraws the application for renewal, unless the certificate is sooner cancelled or suspended; and

(b) if renewed, is taken to have been renewed on and from that 1 July.

(1) This section applies to each of the following people who apply for the grant or renewal of a local practising certificate:

(a) an Australian lawyer who is a government legal officer who, in the lawyer’s application for the grant or renewal of the certificate, stated that the lawyer did not intend to engage in legal practice otherwise than as a government legal officer engaged in government work;

(b) an Australian lawyer who is employed by a corporation, that is not an incorporated legal practice, and who provides only in-house legal services to the corporation;

(c) an Australian lawyer other than an Australian lawyer mentioned in paragraph (a) or (b).

(2) The licensing body must not grant or renew a local practising certificate unless the licensing body —

(a) for an application by an Australian lawyer mentioned in subsection (1) (a)—imposes a condition on the certificate that the lawyer must not engage in legal practice otherwise than as a government legal officer engaged in government work; or

(b) for an application by an Australian lawyer mentioned in subsection (1) (b)—imposes a condition on the certificate that the lawyer must not engage in legal practice otherwise than by providing in-house legal services for a corporation by which the lawyer is employed; or

(c) for an application for grant or renewal of an unrestricted practising certificate by an Australian lawyer mentioned in subsection (1) (c) who, as the holder of the certificate, would be required under this Act to be covered by an approved policy of indemnity insurance—is satisfied that the lawyer will, and imposes a condition on the certificate that the lawyer must, be covered by an approved policy of indemnity insurance during the currency of the practicing certificate; or

(d) for an application for grant or renewal of a barrister practising certificate by an Australian lawyer mentioned in subsection (1) (c) who, as the holder of the certificate, would be required under this Act to be covered by an approved policy of indemnity insurance—

(i) has received a report from the bar council stating that the bar council is satisfied that the lawyer will be covered by an approved policy of indemnity insurance during the currency of the practising certificate; and

(ii) imposes a condition on the certificate that the lawyer must be covered by an approved policy of indemnity insurance during the currency of the practising certificate.

(3) In this section:

approved, for a policy of indemnity insurance—see section 312.

(1) A person commits an offence if—

(a) the person is a local legal practitioner; and

(b) the person engages in legal practice in the ACT; and

(c) the person fails to comply with a condition imposed under section 38 (2) on the person’s practising certificate.

Maximum penalty: 50 penalty units.

(2) A person commits an offence if—

(a) the person must, under a condition imposed under section 38 (2) on the person’s practising certificate, have an approved policy of indemnity insurance; and

(b) the person becomes aware that the person will not be covered by an approved policy of indemnity insurance; and

(c) the person fails to tell the relevant council in writing of that fact as soon as possible, but no later than 7 days after the day the person becomes aware of that fact.

Maximum penalty: 50 penalty units.

Note If a form is approved by the relevant council under s 583 for this provision, the form must be used.

(3) An offence against this section is a strict liability offence.

(4) A contravention of this section can be unsatisfactory professional conduct or professional misconduct.

(5) In this section:

approved, for a policy of indemnity insurance—see section 312.

A person who is not already an officer of the Supreme Court becomes an officer of the Supreme Court on being granted a local practising certificate.

(1) An Australian lawyer may apply to the licensing body for the grant or renewal of a local practising certificate if the lawyer is eligible to apply for the grant or renewal.

Note 1 If a form is approved under s 83 for this provision, the form must be used.

Note 2 A fee may be determined under s 84 for this provision.

(2) An Australian lawyer is eligible to apply for the grant or renewal of a local practising certificate if the lawyer complies with the regulations and legal profession rules in relation to eligibility for the practising certificate and—

(a) if the lawyer is not an Australian legal practitioner at the time of making the application—

(i) the lawyer reasonably expects to be engaged in legal practice principally in the ACT during the currency of the certificate applied for; or

(ii) if it is not reasonably practicable to establish whether subparagraph (i) applies—the lawyer’s place of residence in Australia is in the ACT or the lawyer does not have a place of residence in Australia; or

(b) if the lawyer is an Australian legal practitioner at the time of making the application—

(i) the jurisdiction in which the lawyer engages in legal practice principally is the ACT; or

(ii) the lawyer holds a local practising certificate and engages in legal practice in another jurisdiction under an arrangement that is of a temporary nature; or

(iii) the lawyer reasonably expects to be engaged in legal practice principally in the ACT during the currency of the certificate applied for; or

(iv) the lawyer’s place of residence in Australia is the ACT; or

(v) if it is not reasonably practicable to establish whether subparagraph (i), (ii) or (iii) applies—the lawyer’s place of residence in Australia is in the ACT or the lawyer does not have a place of residence in Australia; or

(c) if the lawyer is an Australian legal practitioner prescribed by regulation for this paragraph.

(3) For subsection (2) (b), the jurisdiction in which an Australian lawyer engages in legal practice principally is to be decided by reference to the lawyer’s legal practice during the certificate period current at the time—

(a) the application is made; or

(b) for a late application—the application should have been made.

(4) Without limiting subsection (2), an Australian lawyer is not eligible to apply for the grant or renewal of a local practising certificate in relation to a financial year if the lawyer would also be the holder of another Australian practising certificate for the year.

(5) An Australian lawyer must not apply for the grant or renewal of a local practising certificate if the lawyer is not eligible to make the application.

(6) An Australian legal practitioner who engages in legal practice principally in the ACT during a financial year and reasonably expects to engage in legal practice in the next financial year must apply for the grant or renewal of a local practising certificate in relation to the next financial year.

(7) A reference in this section to engaging in legal practice principally in a jurisdiction applies only to legal practice in Australia.

An Australia lawyer who engages or expects to engage in legal practice principally in a foreign country may be eligible to apply for grant or renewal of a local practising certificate if other requirements for eligibility are met.

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(8) A regulation under subsection (2) (c) may limit the kind of practising certificate for which a lawyer prescribed for that paragraph may apply for grant or renewal.

(1) An application for grant or renewal of a practising certificate must be in a form (an approved form) approved under section 583 by—

(a) for a barrister practising certificate—the bar council; or

(b) for an unrestricted practising certificate or restricted practising certificate—the law society council.

(2) To remove any doubt, an approved form may require the applicant to disclose matters that may affect the applicant’s eligibility for the grant or renewal of a local practising certificate or the question whether the applicant is a fit or proper person to hold a local practising certificate.

(3) An approved form may indicate that particular kinds of matters previously disclosed in a particular way need not be disclosed for the purposes of the current application.

(4) Subsections (2) and (3) have effect despite the Legislation Act, section 255 (6).

(1) An application for the renewal of a local practising certificate must be made within the period prescribed by regulation.

(2) That period must be within the currency of the local practising certificate being sought to be renewed.

(1) The licensing body must consider an application that has been made for the grant or renewal of an unrestricted practising certificate or restricted practising certificate, and may—

(a) grant or renew the practising certificate; or

(b) refuse to grant or renew the practising certificate.

Note When granting or renewing a local practising certificate, the licensing body may impose conditions on the certificate under s 47.

(2) However, the licensing body —

(a) need not consider an application for grant or renewal of an unrestricted practising certificate or restricted practising certificate if—

(i) the application has not been made in accordance with this Act; or

(ii) the required fees have not been paid; and

(b) may refuse to grant or renew the practising certificate if the applicant has not complied with the criteria prescribed by regulation and the legal profession rules for the grant or renewal.

Note This Act is defined in the dictionary.

(3) The licensing body must not grant an unrestricted practising certificate or restricted practising certificate unless satisfied that the applicant—

(a) was eligible to apply for the grant when the application was made; and

(b) is a fit and proper person to hold the certificate.

(4) The licensing body must not renew an unrestricted practising certificate or restricted practising certificate if satisfied that the applicant—

(a) was not eligible to apply for the renewal when the application was made; or

(b) is not a fit and proper person to continue to hold the certificate.

(5) The licensing body must not grant or renew an unrestricted practising certificate or restricted practising certificate if—

(a) it considers the applicant’s circumstances have changed since the application was made; and

(b) the applicant would (having regard to information that has come to the licensing body’s attention) not have been eligible to make the application when the application is being considered.

(6) This section does not affect any other provision of this Act that provides for the refusal to grant or renew an unrestricted practising certificate or restricted practising certificate.

Note Section 38 (2) (c) provides for the refusal to grant or renew an unrestricted practising certificate or restricted practising certificate unless the licensing body is satisfied that the applicant will be covered by an approved policy of indemnity insurance. See also s 62 (Refusal to grant or renew unrestricted or restricted practising certificate—failure to show cause etc).

(7) If the licensing body grants or renews an unrestricted practising certificate or restricted practising certificate, the licensing body must give the applicant—

(a) for the grant of a certificate—the practising certificate granted; or

(b) for the renewal of a certificate—the new practising certificate.

(8) If the licensing body refuses to grant or renew an unrestricted practising certificate or restricted practising certificate, the licensing body must give the applicant an information notice.

(1) The licensing body must consider an application that has been made for the grant or renewal of a barrister practising certificate, and may—

(a) grant or renew the practising certificate; or

(b) refuse to grant or renew the practising certificate.

Note When granting or renewing a local practising certificate, the licensing body may impose conditions on the certificate under s 47.

(2) However, the licensing body—

(a) must not consider an application for grant or renewal of a barrister practising certificate unless it has received a report from the bar council stating that—

(i) the application has been made in accordance with this Act; and

(ii) the required fees have been paid; and

(b) must refuse to grant or renew the practising certificate unless it has received a report from the bar council stating that the applicant has complied with the criteria prescribed by regulation and the legal profession rules for the grant or renewal.

(3) The licensing body must not grant a barrister practising certificate unless it has received a report from the bar council stating that the bar council is satisfied that the applicant—

(a) was eligible to apply for the grant when the application was made; and

(b) is a fit and proper person to hold the certificate.

(4) The licensing body must not renew a barrister practising certificate if it has received a report from the bar council stating that the bar council is satisfied that the applicant—

(a) was not eligible to apply for the renewal when the application was made; or

(b) is not a fit and proper person to continue to hold the certificate.

(5) The licensing body must not grant or renew a barrister practising certificate if it has received a report from the bar council stating that—

(a) the bar council considers the applicant’s circumstances have changed since the application was made; and

(b) the applicant would (having regard to information that has come to the bar council’s attention) not have been eligible to make the application when the application is being considered.

(6) This section does not affect any other provision of this Act that provides for the refusal to grant or renew a barrister practising certificate.

Note Section 38 (2) (d) provides for the refusal to grant or renew a barrister practising certificate unless the bar council provided a report to the licensing body stating that the bar council is satisfied that the applicant will be covered by an approved policy of indemnity insurance. See also s 63 (Refusal to grant or renew barrister practising certificate—failure to show cause etc).

(7) If the licensing body grants or renews a barrister practising certificate, the licensing body must give the applicant—

(a) for the grant of a certificate—the practising certificate granted; or

(b) for the renewal of a certificate—the new practising certificate.

(8) If the licensing body refuses to grant or renew a barrister practising certificate, the licensing body must give the applicant an information notice.

(1) A local practising certificate is subject to—

(a) any conditions imposed by the licensing body; and

(b) any statutory conditions imposed under this Act or any other Act; and

(c) any conditions imposed or amended by the disciplinary tribunal under section 69 (Imposition of conditions on local practising certificate pending criminal proceedings etc); and

(d) any conditions imposed under chapter 4 (Complaints and discipline) or under provisions of a corresponding law that correspond to chapter 4.

(2) If a condition is imposed, amended or revoked under this Act (other than a statutory condition) during the currency of the local practising certificate concerned, the certificate must be amended by the licensing body, or a new certificate must be issued by the licensing body, to reflect on its face the imposition, amendment or revocation.

(1) The licensing body may impose conditions on a local practising certificate when it is granted or renewed.

(2) The licensing body may impose a condition on a local practising certificate—

(a) on the application of the applicant for grant or renewal of the practising certificate; or

(b) for a barrister practising certificate—on the recommendation of the bar council; or

(c) for an unrestricted practising certificate or restricted practising certificate—on its own initiative.

(3) However, the licensing body must not impose a condition on a barrister practising certificate unless the bar council has agreed to or recommended the condition.

(4) The relevant council may impose conditions on a local practising certificate during its currency.

(5) The relevant council may impose conditions on a local practising certificate under subsection (4)—

(a) on the application of the holder of the practising certificate; or

(b) on its own initiative.

(6) A regulation may make provision in relation to an application for the imposition of a condition on a practising certificate.

(7) A condition imposed under this section must be reasonable and relevant.

(8) A condition imposed under this section may be about any of the following:

(a) requiring the holder of the practising certificate to undertake and complete—

(i) continuing legal education; or

(ii) an academic or training course; or

(iii) a period of supervised legal practice;

(b) restricting the areas of law practised;

(c) controlling, restricting or prohibiting the operation of a trust account;

(d) restricting the holder to particular conditions concerning employment or supervision;

(e) a matter agreed to by the holder.

(9) Subsection (8) does not limit the matters about which a condition may be imposed under this section.

(10) The relevant council must not impose a condition, or recommend that a condition be imposed, that requires the holder to undertake and complete an academic or training course unless—

(a) the council is satisfied, having regard to the holder’s previous academic studies, legal training, experience or conduct, that the holder falls short of the standard of competence and diligence that a member of the public is entitled to expect of a reasonably competent Australian legal practitioner; or

(b) the condition is one that is imposed generally on holders of local practising certificates or any class of holders of local practising certificates.

(11) The relevant council may amend or revoke a condition of imposed by it on a local practising certificate under subsection (1) or (4).

(12) If the relevant council imposes a condition on, or amends or revokes a condition of, a local practising certificate (the action)—

(a) the council must give the applicant for, or holder of, the certificate an information notice about the action, unless the action was taken on the application of the applicant or holder; and

(b) if the action was taken during the currency of the certificate—the action takes effect when the holder is given an information notice or other written notice by the council about the action or, if the notice states a later time of effect, at that time.

(13) This section has effect subject to section 56 (Amending, suspending or cancelling local practising certificate) in relation to the imposition of a condition on a local practising certificate during its currency.

It is a statutory condition of a local practising certificate that the holder must not contravene a condition that was imposed on the admission of the person to the legal profession under a corresponding law (with any amendments of the condition made from time) and that is still in force.

(1) A regulation or legal profession rule may make provision for or in relation to prohibiting the holder of a barrister practising certificate from any or all of the following:

(a) engaging in legal practice—

(i) otherwise than as a sole practitioner; or

(ii) in partnership with anyone; or

(iii) as the employee of anyone;

(b) holding office as a legal practitioner director of an incorporated legal practice.

(2) Conditions may be imposed on a barrister practising certificate granted to a legal practitioner that the practitioner must not—

(a) engage in legal practice—

(i) otherwise than as a sole practitioner; or

(ii) in partnership with anyone; or

(iii) as the employee of anyone; or

(b) hold office as a legal practitioner director of an incorporated legal practice.

(1) It is a statutory condition of a local practising certificate that the holder must not engage in unsupervised legal practice as a solicitor, until the holder has completed a period of supervised legal practice prescribed by regulation.

(2) Subsection (1) has effect subject to any other conditions that relate to engaging in supervised legal practice as a solicitor after any period prescribed for that subsection.

(1) It is a statutory condition of a local practising certificate that the holder of the certificate—

(a) must notify the relevant council that the holder has been—

(i) convicted of an offence that would have to be disclosed under the admission rules in relation to an application for admission to the legal profession under this Act; or

(ii) charged with a serious offence; and

(b) must do so not later than 7 days after the event happens and by a written notice.

Note If a form is approved by the relevant council under s 583 for this provision, the form must be used.

(2) This section does not apply to an offence to which division 2.4.7 (Special powers in relation to local practising certificates—show-cause events) applies.

The legal profession rules may—

(a) impose conditions on local practising certificates; or

(b) authorise conditions to be imposed on local practising certificates.

(1) The holder of a local practising certificate must not contravene (in the ACT or elsewhere) a condition to which the certificate is subject.

(2) A contravention of this section can be unsatisfactory professional conduct or professional misconduct.

This division does not apply in relation to matters mentioned in division 2.4.7 (Special powers in relation to local practising certificates—show-cause events).

(1) Each of the following is a ground for amending, suspending or cancelling a local practising certificate:

(a) the holder is no longer a fit and proper person to hold the certificate;

(b) the holder does not have, or no longer has, an approved policy of indemnity insurance;

(c) if a condition of the certificate is that the holder is limited to legal practice stated in the certificate—the holder is engaging in legal practice that the holder is not entitled to engage in under this Act.

(2) A regulation may prescribe additional grounds for amending, suspending or cancelling a local practising certificate.

(1) If the relevant council believes a ground exists to amend, suspend or cancel a local practising certificate (the proposed action), the council must give the holder a notice (the show-cause notice) that—

(a) states the proposed action, and—

(i) if the proposed action is to amend the certificate—states the proposed amendment; and

(ii) if the proposed action is to suspend the certificate—states the proposed suspension period; and

(b) states the grounds for proposing to take the proposed action; and

(c) outlines the facts and circumstances that form the basis for the council’s belief; and

(d) invites the holder to make written representations to the council, not later than the end of a stated period of not less than 7 days and not more than 28 days after the day the holder is given the notice, about why the proposed action should not be taken.

(2) If, after considering all written representations made not later than the end of the stated period and, in its discretion, written representations made after the end of the stated period, the relevant council still believes a ground exists to take the proposed action, the council may—

(a) if the show-cause notice stated the proposed action was to amend the practising certificate—amend the certificate in the way stated or in a less onerous way the council considers appropriate because of the representations; or

(b) if the show-cause notice stated the proposed action was to suspend the practising certificate for a stated period—

(i) suspend the certificate for a period no longer than the stated period; or

(ii) amend the certificate in a less onerous way the council considers appropriate because of the representations; or

(c) if the show-cause notice stated the proposed action was to cancel the practising certificate—

(i) cancel the certificate; or

(ii) suspend the certificate for a stated period.

(3) If the relevant council decides to amend, suspend or cancel the practising certificate, the council must give the holder an information notice about the decision.

(4) If the relevant council decides not to amend, suspend or cancel the practising certificate, the council must, by written notice, tell the holder about the decision.

(1) This section applies if a decision is made to amend, suspend or cancel a local practising certificate under section 56.

(2) Subject to subsections (3) and (4), the amendment, suspension or cancellation of the practising certificate takes effect on the later of the following:

(a) the day written notice of the decision is given to the holder;

(b) the day stated in the notice.

(3) If the practising certificate is amended, suspended or cancelled because the holder has been convicted of an offence—

(a) the Supreme Court may, on the holder’s application, order that the operation of the amendment, suspension or cancellation of the practising certificate be stayed until—

(i) the end of the time to appeal against the conviction; and

(ii) if an appeal is made against the conviction—the appeal is finally decided, lapses or otherwise ends; and

(b) the amendment, suspension or cancellation does not have effect during any period in relation to which the stay is in force.

(4) If the practising certificate is amended, suspended or cancelled because the holder has been convicted of an offence and the conviction is quashed—

(a) the amendment or suspension ceases to have effect when the conviction is quashed; or

(b) the cancellation ceases to have effect when the conviction is quashed and the certificate is restored as if it had only been suspended.

(1) This section applies if—

(a) the holder of a local practising certificate asks the relevant council to amend or cancel the certificate and the council proposes to give effect to the request; or

(b) the council proposes to amend a local practising certificate only—

(i) for a formal or clerical reason; or

(ii) in another way that does not adversely affect the holder’s interests; or

(c) the council considers cancellation of a local practising certificate is appropriate because the holder’s name has been removed from the local roll.

(2) The relevant council may amend or cancel the local practising certificate by written notice given to the holder.

(3) To remove any doubt, section 56 (Amending, suspending or cancelling local practising certificate) does not apply to the amendment or cancellation of a local practising certificate under this section.

This division does not prevent the relevant council from making a complaint under chapter 4 (Complaints and discipline) about a matter to which this division relates.

(1) This section applies if—

(a) a person is applying for the grant or renewal of a local practising certificate; and

(b) a show-cause event in relation to the person happened after the person was first admitted to the legal profession in the ACT or another jurisdiction, however the admission was expressed at the time of the admission.

(2) As part of the application, the person must give the relevant council a written statement, in accordance with the regulations—

(a) about the show-cause event; and

(b) explaining why, despite the show-cause event, the applicant considers himself or herself to be a fit and proper person to hold a local practising certificate.

(3) However, the person need not give a statement under subsection (2) if the person (as a previous applicant for a local practising certificate or as the holder of a local practising certificate previously in force) has previously given to the relevant council a statement under this section, or a notice and statement under section 61, explaining why, despite the show-cause event, the person considers himself or herself to be a fit and proper person to hold a local practising certificate.

(4) A contravention of subsection (2) can be unsatisfactory professional conduct or professional misconduct.

(5) This section applies to a show-cause event whether the event happened before or after the commencement of this section.

(1) This section applies to a show-cause event that happens in relation to the holder of a local practising certificate.

(2) The holder must give to the relevant council both of the following:

(a) not later than 7 days after the day the event happens, written notice that the event happened;

(b) not later than 28 days after the day the event happens, a written statement explaining why, despite the show-cause event, the person considers himself or herself to be a fit and proper person to hold a local practising certificate.

(3) If a written statement is given to the relevant council after the end of the 28-day period, the council may accept the statement and take it into consideration.

(1) The licensing body may refuse to grant or renew an unrestricted practising certificate or restricted practising certificate if the applicant—

(a) is required by section 60 (Applicant for local practising certificate—show-cause event) to give the law society council, as the relevant council for the applicant, a written statement or notice relating to a matter and has failed to give a written statement or notice in accordance with that requirement; or

(b) has given a written statement in accordance with section 60 but the licensing body does not consider that the applicant has shown in the statement that, despite the show-cause event concerned, the applicant is a fit and proper person to hold a local practising certificate.

(2) The licensing body must give the applicant or holder an information notice about the decision to refuse to grant or renew the certificate.

(3) However, if the licensing body considers that the applicant or holder has shown in the statement mentioned in subsection (1) (b) that, despite the show-cause event concerned, the applicant is a fit and proper person to hold a local practising certificate, the licensing body must, by written notice, tell the applicant or holder about its decision.

(1) The licensing body may refuse to grant or renew a barrister practising certificate if—

(a) the applicant is required by section 60 (Applicant for local practising certificate—show-cause event) to give the bar council, as the relevant council for the applicant, a written statement or notice relating to a matter and has failed to give a written statement or notice in accordance with that requirement; or

(b) the applicant has given a written statement in accordance with section 60, but the licensing body has received a report from the bar council stating that the council does not consider that the applicant has shown in the statement that, despite the show-cause event concerned, the applicant is a fit and proper person to hold a local practising certificate.

(2) The licensing body must give the applicant or holder an information notice about the decision to refuse to grant or renew the certificate.

(3) However, if the licensing body has received a report from the bar council stating that the bar council considers that the applicant or holder has shown in the statement mentioned in subsection (1) (b) that, despite the show-cause event concerned, the applicant is a fit and proper person to hold a local practising certificate, the licensing body must, by written notice, tell the applicant or holder about the bar council’s decision.

(1) The relevant council may amend, suspend or cancel a local practising certificate if the holder—

(a) is required by section 61 (Holder of local practising certificate—show-cause event) to give the council a written statement or notice relating to a matter and has failed to give a written statement or notice in accordance with that requirement; or

(b) has given a written statement in accordance or section 61 but the council does not consider that the holder has shown in the statement that, despite the show-cause event concerned, the holder is a fit and proper person to hold a local practising certificate.

(2) For this section only, a written statement accepted by the relevant council under section 61 (3) is taken to have been given in accordance with section 61.

(3) The relevant council must give the holder an information notice about the decision to amend, suspend or cancel the certificate.

(4) However, if the relevant council considers that the holder has shown in the statement mentioned in subsection (1) (b) that, despite the show-cause event concerned, the holder is a fit and proper person to hold a local practising certificate, the council must, by written notice, tell the holder about its decision.

(1) This section applies if the licensing body decides under section 62 (Refusal to grant or renew unrestricted or restricted practising certificate—failure to show cause etc) or section 63 (Refusal to grant or renew barrister practising certificate—failure to show cause etc) to refuse to grant or renew a local practising certificate to a person.

(2) The licensing body may also decide that the person is not entitled to apply for the grant of a local practising certificate for a stated period of not longer than 5 years.

(3) In making a decision under subsection (2) in relation to a person refused the grant or renewal of a barrister practising certificate, the licensing body must act on the recommendation of the bar council.

(4) If the licensing body makes a decision under subsection (2), the licensing body must include the decision in the information notice required under section 62 (2) or section 63 (2).

(5) A person in relation to whom a decision has been made under this section, or under a provision of a corresponding law that corresponds to this section, is not entitled to apply for the grant of a local practising certificate during the period stated in the decision.

(1) This section applies if the relevant council decides under section 64 (Amendment, suspension or cancellation of local practising certificate—failure to show cause etc) to cancel a person’s local practising certificate.

(2) The relevant council may also decide that the person is not entitled to apply for the grant of a local practising certificate for a stated period of not longer than 5 years.

(3) If the relevant council makes a decision under subsection (2), the council must include the decision in the information notice required under section 64 (3).

(4) A person in relation to whom a decision has been made under this section, or under a provision of a corresponding law that corresponds to this section, is not entitled to apply for the grant of a local practising certificate during the period stated in the decision.

(1) The relevant council has and may exercise powers under part 4.4 (Investigation of complaints) and chapter 6 (Investigations), in relation to a matter under this division, as if the matter were the subject of a complaint under chapter 4.

(2) Accordingly, the provisions of part 4.4 and chapter 6 apply in relation to a matter under this division with any necessary changes.

(3) This division does not prevent the relevant council from making a complaint under chapter 4 about a matter to which this division relates.

(1) This section applies, despite division 2.4.6 (Amendment, suspension or cancellation of local practising certificates) and division 2.4.7 (Special powers in relation to local practising certificates—show-cause events), if the relevant council considers it necessary in the public interest to immediately suspend a local practising certificate on—

(a) any of the grounds on which the certificate could be suspended or cancelled under division 2.4.6; or

(b) the ground of the happening of a show-cause event in relation to the holder; or

(c) any other ground that the council considers justifies immediate suspension of the certificate in the public interest;

whether or not any action has been taken or started under division 2.4.6 or division 2.4.7 in relation to the holder.

(2) The relevant council may, by written notice given to the holder, immediately suspend the practising certificate until the earlier of the following:

(a) the council gives the holder an information notice under section 56 (3) (Amending, suspending or cancelling local practising certificate);

(b) the council gives the holder written notice under section 56 (4);

(c) the council gives the holder an information notice under section 64 (3) (Amendment, suspension or cancellation of local practising certificate—failure to show cause etc);

(d) the council gives the holder written notice under section 64 (4);

(e) the period of 56 days after the day the notice is given to the holder under this section ends.

(3) The notice under this section must—

(a) include an information notice about the suspension; and

(b) state that the practitioner may make written representations to the relevant council about the suspension.

(4) The holder may make written representations to the relevant council about the suspension, and the council must consider the representations.

(5) The relevant council may revoke the suspension at any time, whether or not in response to any written representations made to it by the holder.

(1) If a local legal practitioner has been charged with a serious offence but the charge has not been decided, the relevant council may, if it considers it appropriate having regard to the seriousness of the offence and to the public interest, by written notice given to the practitioner—

(a) amend the conditions of the practitioner’s local practising certificate; or

(b) impose further conditions on the practitioner’s local practising certificate.

(2) The amendment or imposition of a condition under subsection (1) has effect until the earlier of the following:

(a) the end of the period stated by the relevant council in the notice;

(b) if the local legal practitioner is convicted of the offence—28 days after the day of the conviction;

(c) if the charge is dismissed—the day of the dismissal.

(3) The notice under this section must—

(a) include an information notice about the amendment or imposition of the condition; and

(b) state that the local legal practitioner may make written representations to the relevant council about the amendment or imposition of the condition.

(4) The local legal practitioner may make written representations to the relevant council about the amendment or imposition of the condition, and the council must consider the representations.

(5) The relevant council may at any time revoke a decision to amend or impose a condition, whether or not in response to any written representations made to it by the local legal practitioner.

(1) The holder of a local practising certificate may surrender the certificate to the relevant council.

(2) The relevant council may cancel the certificate.

(1) This section applies if a local practising certificate granted to an Australian legal practitioner—

(a) is amended, suspended or cancelled by the relevant council or because of an order of the disciplinary tribunal under section 430 (Decisions of disciplinary tribunal); or

(b) is replaced by another certificate.

(2) The relevant council may give the practitioner a written notice requiring the practitioner to return the certificate to the council in the way stated in the notice within a stated period of not less than 7 days after the day the practitioner is given the notice.

(3) The practitioner must comply with the notice.

Maximum penalty: 50 penalty units.

(4) The relevant council must return the practising certificate to the practitioner—

(a) if the certificate is amended—after amending it; or

(b) if the certificate is suspended and is still current at the end of the suspension period—at the end of the suspension period.

(1) An interstate legal practitioner commits an offence if the practitioner—

(a) either—

(i) engages in legal practice in the ACT for fee, gain or reward; or

(ii) represents or advertises that the practitioner is entitled to engage in legal practice in the ACT; and

(b) is not covered by professional indemnity insurance that—

(i) covers legal practice in the ACT; and

(ii) is for at least the relevant amount inclusive of any legal costs arising from claims under the insurance; and

(iii) has been approved under, or complies with, any requirement of a corresponding law for the interstate practising certificate held by the practitioner.

Maximum penalty: 100 penalty units.

(2) This section does not apply to an interstate legal practitioner who is employed by a corporation, other than an incorporated legal practice, and who provides only in-house legal services to the corporation.

(3) This section does not apply to an interstate legal practitioner who—

(a) is a government employee; and

(b) is engaged in legal practice in the ACT only to the extent that the practitioner is exercising official functions as a government employee; and

(c) has indemnity or immunity that is provided by law and applies to the legal practice.

(4) In this section:

fee, gain or reward means any form of, and any expectation of, a fee, gain or reward.

government agency means a government department (however described) of the ACT or any other jurisdiction or of the Commonwealth, and includes an entity prescribed by regulation.

government employee means a person employed in a government agency.

relevant amount means—

(a) if an amount is prescribed by regulation—that amount; or

(b) if an amount is not prescribed by regulation—$1.5 million.

(1) This part does not authorise an interstate legal practitioner to engage in legal practice in the ACT to a greater extent than a local legal practitioner could be authorised under a local practising certificate.

(2) Also, an interstate legal practitioner’s right to engage in legal practice in the ACT—

(a) is subject to any conditions imposed by the relevant council under section 74; and

(b) is, to the greatest practicable extent and with all necessary changes—

(i) the same as the practitioner’s right to engage in legal practice in the practitioner’s home jurisdiction; and

(ii) subject to any condition on the practitioner’s right to engage in legal practice in that jurisdiction, including any conditions imposed on the practitioner’s admission to the legal profession in the ACT or another jurisdiction.

(3) If there is an inconsistency between conditions mentioned in subsection (2) (a) and conditions mentioned in subsection (2) (b), the conditions that are, in the relevant council’s opinion, more onerous prevail to the extent of the inconsistency.

(4) An interstate lawyer must not engage in legal practice in the ACT in a way not authorised by this Act or in contravention of any condition mentioned in this section.

(1) The relevant council may, by written notice to an interstate legal practitioner engaged in legal practice in the ACT, impose any condition on the practitioner’s practice that it may impose under this Act on a local practising certificate.

(2) Also, an interstate legal practitioner’s right to engage in legal practice in the ACT is subject to any condition imposed under the legal profession rules.

(3) Conditions imposed under or mentioned in this section must not be more onerous than conditions applying to local legal practitioners.

(4) A notice under this section must include an information notice about the decision to impose a condition.

An interstate legal practitioner must not engage in unsupervised legal practice as a solicitor in the ACT unless—

(a) if the practitioner completed practical legal training principally under the supervision of an Australian lawyer, whether involving articles of clerkship or otherwise, to qualify for admission to the legal profession in the ACT or another jurisdiction—the practitioner has undertaken a period or periods equivalent to 18 months supervised legal practice, worked out under the regulations, after the day the practitioner’s first practising certificate was granted; or

(b) if the practitioner completed other practical legal training to qualify for admission to the legal profession in the ACT or another jurisdiction—the practitioner has undertaken a period or periods equivalent to 2 years supervised legal practice, worked out under the regulations, after the day the practitioner’s first practising certificate was granted.

An interstate legal practitioner engaged in legal practice in the ACT has all the duties and obligations of an officer of the Supreme Court, and is subject to the jurisdiction and powers of the Supreme Court in relation to those duties and obligations.

(1) The councils may, separately or jointly, enter into arrangements (protocols) with regulatory authorities of other jurisdictions about deciding—

(a) the jurisdiction from which an Australian lawyer engages in legal practice principally or can reasonably expect to engage in legal practice principally; or

(b) the circumstances in which an arrangement under which an Australian legal practitioner practises in a jurisdiction—

(i) can be regarded as being of a temporary nature; or

(ii) stops being of a temporary nature; or

(c) the circumstances in which an Australian legal practitioner can reasonably expect to engage in legal practice principally in a jurisdiction during the currency of an Australian practising certificate.

(2) For this Act, and to the extent that the protocols are relevant, a matter mentioned in subsection (1) (a), (b) or (c) is to be decided in accordance with the protocols.

(3) A protocol is a notifiable instrument.

Note A notifiable instrument must be notified under the Legislation Act.

(1) To help it consider whether or not to grant, renew, amend, suspend or cancel a local practising certificate, or impose conditions on a local practising certificate, the relevant council may, by written notice to the applicant or holder, require the applicant or holder—

(a) to give it stated documents or information; or

(b) to cooperate with any inquiries by the council that it considers appropriate.

Note The relevant council includes the law society council when it is exercising its functions as the licensing body (see dict, def relevant council).

(2) A person’s failure to comply with a notice under subsection (1) within the reasonable period, and in the reasonable way, (if any) required by the notice is a ground for making an adverse decision in relation to the person in relation to the action being considered by the relevant council.

(1) The licensing body must keep a register of the names of Australian lawyers to whom it grants local practising certificates.

(2) The register must—

(a) state the conditions (if any) imposed on a local practising certificate in relation to engaging in legal practice; and

(b) include other particulars prescribed by regulation.

(3) The register may be kept in the way the licensing body decides.

(4) The register must be available for inspection, without charge, at the licensing body’s office during normal business hours.

(1) The relevant council may apply to the Supreme Court for an order that an Australian lawyer not contravene a condition imposed under this part.

(2) The Supreme Court may make any order it considers appropriate on the application.

(1) A person may appeal to the Supreme Court against—

(a) a decision of the licensing body to refuse to grant or renew a local practising certificate; or

(b) a decision by the bar council to give or not to give the licensing body a report for section 45 (Grant or renewal of barrister practising certificate) in relation to an application for the grant or renewal of a barrister practising certificate; or

(c) a decision of the relevant council to amend, suspend or cancel a local practising certificate; or

(d) a decision of the licensing body under section 47 (1) (Conditions imposed on local practising certificate by licensing body or relevant council) to impose a condition on local practising certificate on its own initiative; or

(e) a decision of the bar council under section 47 (3) to recommend or agree to the imposition by the licensing body of a condition on barrister practising certificate; or

(f) a decision of the relevant council under section 47 (4) to impose a condition on a local practising certificate; or

(g) a decision of the relevant council under section 47 (11) to amend or revoke a condition of a local practising certificate; or

(h) a decision of the licensing body under section 65 (2) (Restriction on making further applications for practising certificate after refusal to grant or renew) or 66 (2) (Restriction on further applications for local practising certificate after cancellation) that the person is not entitled to apply for the grant of a local practising certificate for a stated period; or

(i) a decision by the bar council to make a recommendation for section 65 (3) (Restriction on further applications for local practising certificate after refusal to grant or renew) in relation to the licensing body’s refusal to grant or renew a barrister practising certificate; or

(j) a decision of the relevant council to impose a condition on a local practising certificate under section 69 (Imposition of conditions on local practising certificate pending criminal proceedings etc); or

(k) a decision of the licensing body under section 74 (Additional conditions on practice of interstate legal practitioners) to impose a condition on the interstate legal practitioner’s practice.

(2) The relevant council may appear as a party to the appeal.

(3) The Supreme Court may make any order it considers appropriate on the appeal.

(1) A government lawyer is not subject to—

(a) any prohibition under this Act about—

(i) engaging in legal practice in the ACT; or

(ii) making representations about engaging in legal practice in the ACT; or

(b) any provision of this Act about professional indemnity insurance;

in relation to the exercise of his or her official functions as a government lawyer.

(2) Contributions and levies are not payable to the fidelity fund by or in relation to a government lawyer in his or her capacity as a government employee.

(3) A regulation may provide that a government lawyer is not subject to—

(a) any provision of this Act about professional discipline; or

(b) any provision of this Act (other than section 38 (2) (a)) about conditions imposed on a local practising certificate; or

(c) any requirements of the legal profession rules;

in relation to the exercise of his or her official functions as a government lawyer.

(4) This section does not prevent a government lawyer from being granted or holding a local practising certificate.

(5) In this section:

jurisdiction means a State, a Territory or the Commonwealth.

government agency means a government department (however described) of the ACT or another jurisdiction, and includes an entity prescribed by regulation.

government lawyer means an Australian lawyer, or a person eligible to be admitted as an Australian lawyer, employed by the Territory, another jurisdiction or a government agency.

(1) A government lawyer of another jurisdiction is not subject to—

(a) any prohibition under this Act about—

(i) engaging in legal practice in the ACT; or

(ii) making representations about engaging in legal practice in the ACT; or

(b) conditions imposed on a local practising certificate; or

(c) requirements of legal profession rules; or

(d) professional discipline;

in relation to the exercise of his or her official functions as a government lawyer of the other jurisdiction to the extent that the government employee is exempt from the matters mentioned in paragraph (a) to (d) as a government lawyer of the other jurisdiction.

(2) Contributions and levies are not payable to the fidelity fund by or in relation to a government lawyer of another jurisdiction in his or her capacity as a government employee.

(3) Without limiting subsection (1), that subsection extends to a prohibition relating to professional indemnity insurance for interstate legal practitioners.

(4) Without affecting subsections (1), (2) and (3), this section does not prevent a government lawyer of another jurisdiction from being granted or holding a local practising certificate.

(5) In this section:

jurisdiction means a State or Territory or the Commonwealth.

government agency means a government department (however described).

government lawyer means an Australian lawyer, or a person eligible to be admitted as an Australian lawyer, employed by a government agency.

(1) The law society council may determine fees for this Act in relation to—

(a) applications for the grant or renewal of unrestricted practising certificates and restricted practising certificates; and

(b) the services that it provides as the licensing body in relation to an application for the grant or renewal of barrister practising certificates; and

(c) the other services that it provides under this Act, whether as the licensing body or otherwise.

(2) The bar council may determine fees for this Act in relation to—

(a) applications for the grant or renewal of barrister practising certificates; and

(b) the services that it provides in relation to an application for the grant or renewal of barrister practising certificates; and

(c) the other services that it provides under this Act.

(3) A fee determined in relation to an application for the grant or renewal of a practising certificate may include an amount required for the purpose of recovering costs in relation to the grant or renewal of a practising certificate.

(4) A determination under this section is a disallowable instrument.

Note 1 A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

Note 2 The Legislation Act contains provisions about the making of determinations and regulations relating to fees (see pt 6.3).

The purpose of this part is to provide a nationally consistent scheme for the notification of and response to action taken by courts and other authorities in relation to the admission of people to the legal profession and their right to engage in legal practice in Australia.

This part does not affect any powers or duties under chapter 4 (Complaints and discipline).

(1) This section applies if an application for admission to the legal profession is made under this Act.

(2) The admissions board may give the corresponding authority for another jurisdiction written notice of any of the following (as relevant):

(a) the making of the application;

(b) the withdrawal of the application after an inquiry is proposed or started in relation to the application;

(c) the refusal of the Supreme Court to admit the applicant to the legal profession under this Act.

(3) The notice must state the applicant’s name and address as last-known to the admissions board.

(4) The notice may contain other relevant information.

(1) This section applies if a local lawyer’s name is removed from the local roll, except if the removal happens under section 94 (Peremptory removal of local lawyer’s name from local roll following removal in another jurisdiction).

(2) The registrar must give written notice of the removal to—

(a) the corresponding authority of every other jurisdiction; and

(b) the registrar or other proper officer of the High Court.

(3) The notice must state—

(a) the lawyer’s name and address as last-known to the registrar; and

(b) the date the lawyer’s name was removed from the roll; and

(c) the reason for removing the lawyer’s name.

(4) The notice may contain other relevant information.

(1) This section applies if—

(a) the licensing body refuses to grant or renew an Australian lawyer a local practising certificate; or

(b) the lawyer successfully appeals against the action taken.

(2) The licensing body must give the corresponding bodies of other jurisdictions written notice of the action taken or the result of the appeal.

(3) The notice must state—

(a) the lawyer’s name and address as last-known to the licensing body; and

(b) particulars of—

(i) the action taken and the reasons for it; or

(ii) the result of the appeal.

(4) The notice may contain other relevant information.

(5) The licensing body may give corresponding authorities written notice of a condition imposed by it on an Australian lawyer’s local practising certificate.

(1) This section applies if—

(a) the relevant council suspends or cancels an Australian lawyer’s local practising certificate; or

(b) the lawyer successfully appeals against the action taken.

(2) The relevant council must give the corresponding bodies of other jurisdictions written notice of the action taken or the result of the appeal.

(3) The notice must state—

(a) the lawyer’s name and address as last-known to the relevant council; and

(b) particulars of—

(i) the action taken and the reasons for it; or

(ii) the result of the appeal.

(4) The notice may contain other relevant information.

(5) The relevant council may give corresponding authorities written notice of a condition imposed by it on an Australian lawyer’s local practising certificate.

(1) A person commits an offence if—

(a) the person is a local lawyer (other than a local legal practitioner); and

(b) the person’s name is removed from an interstate roll or foreign roll; and

(c) the person fails to give the registrar written notice of the removal in accordance with section 93 (1) (Provisions applying to notices under s 91) not later than 7 days after the day the person receives notice of the removal.

Maximum penalty: 50 penalty units.

(2) A person commits an offence if—

(a) the person is a local legal practitioner; and

(b) the person’s name is removed from an interstate roll or foreign roll; and

(c) the person fails to give the registrar or the relevant council written notice of the removal in accordance with section 93 (1) not later than 7 days after the day the person receives notice of the removal.

Maximum penalty: 50 penalty units.

(3) This section does not apply if the name has been removed from an interstate roll under a provision that corresponds to section 94 (Peremptory removal of local lawyer’s name from local roll following removal in another jurisdiction).

(4) Strict liability applies to subsection (1) (a) and subsection (2) (a).

(1) A person commits an offence if—

(a) the person is a local lawyer (other than a local legal practitioner); and

(b) an order is made under a corresponding law recommending that the person’s name be removed from the local roll; and

(c) the person fails to give the registrar written notice of the order in accordance with section 93 (2) not later than 7 days after the day the person receives notice of the order.

Maximum penalty: 50 penalty units.

(2) A person commits an offence if—

(a) the person is a local legal practitioner; and

(b) an order or decision is made under a corresponding law that—

(i) the person’s local practising certificate be suspended or cancelled; or

(ii) a local practising certificate not be granted to the person for a stated period; or

(iii) that conditions be imposed on the person’s local practising certificate; and

(c) the person fails to give the registrar or the relevant council written notice of the order or decision in accordance with section 93 (2) not later than 7 days after the day the person receives notice of the order.

Maximum penalty: 50 penalty units.

(3) Strict liability applies to subsection (1) (a) and subsection (2) (a).

(1) A notice to be given under section 91 by a person must—

(a) state the person’s name and address; and

(b) identify the roll from which the person’s name has been removed; and

(c) state the date of the removal; and

(d) be accompanied by a copy of any official notification given to the person in relation to the removal.

(2) A notice to be given under section 92 by a person must—

(a) state the person’s name and address; and

(b) state the terms of the order or decision made under the corresponding law; and

(c) be accompanied by a copy of any official notification given to the person in relation to the order or decision.

(1) This section applies if the registrar is satisfied that—

(a) a local lawyer’s name has been removed from an interstate roll; and

(b) no order mentioned in section 96 (1) (a) (Order for non-removal of name or non-cancellation of local practising certificate) is, at the time of the removal, in force in relation to it.

(2) The registrar must remove the lawyer’s name from the local roll.

(3) The registrar may give the lawyer notice of the date the registrar proposes to remove the name from the local roll.

(4) The registrar must give the former local lawyer notice of the removal of the name from the local roll, unless notice of the date of the proposed removal was previously given.

(5) The name of the former local lawyer is, on his or her application to the registrar or on the registrar’s own initiative, to be restored to the local roll if the name is restored to the interstate roll.

(6) This section does not prevent the former local lawyer from afterwards applying for admission under part 2.3 (Admission of local lawyers).

(1) This section applies if—

(a) a person’s name is removed from an interstate roll; and

(b) the person is the holder of a local practising certificate; and

(c) no order mentioned in section 96 (1) (b) is, at the time of the removal, in force in relation to it.

(2) The relevant council must cancel the local practising certificate after receiving written notice of the removal.

(3) The relevant council may give the person notice of the date the council proposes to cancel the local practising certificate.

(4) The relevant council must give the person notice of the cancellation, unless notice of the date of the proposed cancellation was previously given.

(5) This section does not prevent the former local lawyer from later applying for a local practising certificate.

(1) If an Australian lawyer reasonably expects that his or her name will be removed from an interstate roll, the lawyer may apply to the Supreme Court for either or both of the following orders:

(a) an order that his or her name not be removed from the local roll under section 94 (Peremptory removal of local lawyer’s name from local roll following removal in another jurisdiction);

(b) an order that his or her local practising certificate not be cancelled under section 95 (Peremptory cancellation of local practising certificate following removal of name from interstate roll).

(2) The Supreme Court may make an order if satisfied that—

(a) the lawyer’s name is likely to be removed from the interstate roll; and

(b) the reason for its removal from the interstate roll will not involve disciplinary action or the possibility of disciplinary action.

(3) An order under this section may be made subject to any conditions the Supreme Court considers appropriate and remains in force for the period stated in it.

(4) The Supreme Court may revoke an order made under this section, and either or both of section 94 and section 95 (as relevant) then apply as if the lawyer’s name were removed from the interstate roll when the revocation takes effect.

(5) This section does not affect action being taken in relation to the lawyer under other provisions of this Act.

(1) This section applies if a local lawyer’s name has been removed from a foreign roll and the name has not been restored.

(2) The relevant council may serve on the lawyer a written notice stating that the council will apply to the Supreme Court for an order that the lawyer’s name be removed from the local roll unless the lawyer shows cause to the council why his or her name should not be removed.

(3) If the lawyer does not satisfy the relevant council that his or her name should not be removed from the local roll, the council may apply to the Supreme Court for an order that the lawyer’s name be removed from the local roll.

(4) Before applying for an order that the lawyer’s name be removed, the relevant council must give the lawyer a reasonable opportunity to show cause why his or her name should not be removed.

(5) The Supreme Court may, on application made under this section, order that the lawyer’s name be removed from the local roll.

(6) The lawyer is entitled to appear before and be heard by the Supreme Court at a hearing in relation to an application under this section.

(7) In this section:

relevant council means—

(a) if the lawyer holds a local practising certificate that is a barrister practising certificate—the bar council; or

(b) if the lawyer holds a local practising certificate that is an unrestricted practising certificate or restricted practising certificate—the law society council; or

(c) if the lawyer holds an interstate practising certificate—the bar council or law society council; or

(d) if the lawyer does not hold a local practising certificate—the law society council.

An ACT authority that receives information from an authority of another jurisdiction under provisions of a corresponding law that correspond to this part may give the information to other ACT authorities that have functions under this Act.

(1) In this Act:

legal practitioner director, of an incorporated legal practice, means a director of the legal practice who is an Australian legal practitioner holding an unrestricted practising certificate.

legal practitioner partner, of a multidisciplinary partnership, means a partner of the partnership who is an Australian legal practitioner holding an unrestricted practising certificate.

(2) In this part:

corporation means—

(a) a company within the meaning of the Corporations Act; or

(b) any other corporation prescribed by regulation.

director—

(a) of a company within the meaning of the Corporations Act—means a director as defined in that Act, section 9; or

(b) of any other corporation prescribed by regulation—means a person prescribed by regulation.

disqualified person means any of the following people whether the thing that has happened to the person happened before or after the commencement of this part:

(a) a person whose name has (whether or not at the person’s own request) been removed from an Australian roll and who has not subsequently been admitted or readmitted to the legal profession under this Act or a corresponding law;

(b) a person whose Australian practising certificate has been suspended or cancelled under this Act or a corresponding law and who, because of the cancellation, is not an Australian legal practitioner or in relation to whom the suspension has not finished;

(c) a person who has been refused a renewal of an Australian practising certificate under this Act or a corresponding law, and to whom an Australian practising certificate has not been granted at a later time;

(d) a person who is the subject of an order under this Act or a corresponding law prohibiting a law practice from employing or paying the person in connection with the relevant practice;

(e) a person who is the subject of an order under this Act or a corresponding Act prohibiting an Australian legal practitioner from being a partner of the person in a business that includes the provision of legal services;

(f) a person who is the subject of an order under section 123 (Disqualification from managing incorporated legal practice) or section 148 (Prohibition on multidisciplinary partnerships with certain partners who are not Australian legal practitioners) or under provisions of a corresponding law that correspond to section 123 or section 148.

officer—

(a) of a company within the meaning of the Corporations Act—means an officer as defined in that Act, section 9; or

(b) of any other corporation prescribed by regulation—means a person prescribed by regulation.

professional obligations, of an Australian legal practitioner, include—

(a) duties to the Supreme Court; and

(b) obligations in relation to conflicts of interest; and

(c) duties to clients, including disclosure; and

(d) ethical rules required to be observed by the practitioner.

related body corporate means—

(a) for a company within the meaning of the Corporations Act—a related body corporate within the meaning of that Act, section 50; or

(b) for any other corporation prescribed by regulation—a person prescribed by regulation.

The purposes of this part are—

(a) to regulate the provision of legal services by corporations in the ACT; and

(b) to regulate the provision of legal services in the ACT in conjunction with the provision of other services (whether by a corporation or people acting in partnership with each other).

(1) An incorporated legal practice is a corporation that engages in legal practice in the ACT, whether or not it also provides services that are not legal services.

(2) However, a corporation is not an incorporated legal practice if—

(a) the corporation does not receive any fee, gain or reward for the legal services it provides; or

(b) the only legal services that the corporation provides are any or all of the following services:

(i) in-house legal services, namely, legal services provided to the corporation in relation to a proceeding or transaction to which the corporation (or a related body corporate) is a party;

(ii) services that are not legally required to be provided by an Australian legal practitioner and that are provided by an officer or employee who is not an Australian legal practitioner; or

(c) the corporation is a complying community legal centre; or

(d) the corporation is a trustee company under the Trustee Companies Act 1947; or

(e) the corporation is the public trustee; or

(f) this part or a regulation provides that the corporation is not an incorporated legal practice.

(3) A regulation may make provision in relation to the application (with or without prescribed changes) of provisions of this Act to corporations that are not incorporated legal practices because of the operation of subsection (2).

(4) This part does not affect or apply to the provision by an incorporated legal practice of legal services in 1 or more other jurisdictions.

(5) In this section:

fee, gain or reward means any form of, and any expectation of, a fee, gain or reward.

(1) An incorporated legal practice may provide any service and conduct any business that the corporation may lawfully provide or conduct, except as provided by this section.

(2) An incorporated legal practice (or a related body corporate) must not conduct a managed investment scheme.

(3) A regulation may prohibit an incorporated legal practice (or a related body corporate) from providing a prescribed service or conducting a prescribed business.

(1) Any corporation is, subject to this part, eligible to be an incorporated legal practice.

(2) This section does not authorise a corporation to provide legal services if the corporation is prohibited from doing so by any Act or law (whether of the Territory, the Commonwealth or any other jurisdiction) under which it is incorporated or its affairs are regulated.

(3) An incorporated legal practice is not itself required to hold an Australian practising certificate.

(1) Before a corporation starts to engage in legal practice in the ACT, the corporation must give the law society council written notice of its intention to engage in legal practice in the ACT.

Note If a form is approved by the law society council under s 583 for this provision, the form must be used.

(2) A corporation commits an offence if—

(a) it engages in legal practice in the ACT; and

(b) it is in default of this section under subsection (3).

Maximum penalty: 50 penalty units.

(3) A corporation that fails to comply with subsection (1) is in default of this section until it gives the law society council written notice of the failure to comply with that subsection and the fact that it has started to engage in legal practice.

Note If a form is approved by the law society council under s 583 for this provision, the form must be used.

(4) The giving of a notice under subsection (3) does not affect a corporation’s liability under subsection (1) or (2).

(5) A corporation is not entitled to recover any amount for anything the corporation did in contravention of subsection (2).

(6) A person may recover from a corporation, as a debt owing to the person, any amount the person paid to or at the direction of the corporation for anything the corporation did in contravention of subsection (2).

(7) An offence against subsection (2) is a strict liability offence.

(8) This section does not apply to a corporation that is not an incorporated legal practice because of section 101 (2) (a), (b) or (d) (Nature of incorporated legal practice).

(1) A corporation commits an offence if—

(a) the corporation represents or advertises that the corporation is an incorporated legal practice in the ACT; and

(b) the corporation has not given notice under section 104 (1) (Notice of intention of corporation to start providing legal services).

Maximum penalty: 50 penalty units.

(2) An offence against subsection (1) is a strict liability offence.

(3) A person commits an offence if—

(a) the person is a director, officer, employee or agent of a corporation; and

(b) the person represents or advertises that the corporation is an incorporated legal practice in the ACT; and

(c) the corporation has not given notice under section 104 (1).

Maximum penalty: 50 penalty units.

(4) Subsection (3) does not apply if the person has a reasonable excuse.

(5) A reference in this section to—

(a) a corporation representing or advertising that the corporation is an incorporated legal practice; or

(b) a person representing or advertising that a corporation is an incorporated legal practice;

includes a reference to the corporation or person doing anything that states or implies that the corporation is entitled to engage in legal practice.

(1) A corporation commits an offence if—

(a) the corporation ceases to engage in legal practice in the ACT as an incorporated legal practice; and

(b) the corporation fails to give the law society council written notice of that fact within the period prescribed by regulation after the day it ceases to engage in legal practice in the ACT as an incorporated legal practice.

Maximum penalty: 50 penalty units.

Note If a form is approved by the law society council under s 583 for this provision, the form must be used.

(2) An offence against this section is a strict liability offence.

(3) A regulation may make provision in relation to deciding whether and when a corporation ceases to engage in legal practice in the ACT as an incorporated legal practice.

(1) An incorporated legal practice must have at least 1 legal practitioner director.

(2) Each legal practitioner director of an incorporated legal practice is, for this Act only, responsible for the management of the legal services provided in the ACT by the incorporated legal practice.

(3) Each legal practitioner director of an incorporated legal practice must ensure that appropriate management systems are implemented and maintained to enable the provision of legal services by the incorporated legal practice—

(a) in accordance with the professional obligations of Australian legal practitioners and other obligations imposed under this Act; and

(b) so that those obligations of Australian legal practitioners who are officers or employees of the practice are not affected by other officers or employees of the practice.

(4) If it ought reasonably to be apparent to a legal practitioner director of an incorporated legal practice that the provision of legal services by the practice will result in breaches of the professional obligations of Australian legal practitioners or other obligations imposed under this Act, the director must take all reasonable action available to the director to ensure that—

(a) the breaches do not happen; and

(b) appropriate remedial action is taken in relation to breaches that do happen.

(5) A contravention of subsection (3) or (4) by a legal practitioner director can be unsatisfactory professional conduct or professional misconduct.

(6) This part does not affect the obligations or liability of a director of an incorporated legal practice under any other law.

(7) The reference in subsection (1) to a legal practitioner director does not include a reference to a person who is not validly appointed as a director, but this subsection does not affect the meaning of the term legal practitioner director in other provisions of this Act.

(1) Each of the following can be unsatisfactory professional conduct or professional misconduct by a legal practitioner director:

(a) unsatisfactory professional conduct or professional misconduct of an Australian legal practitioner employed by the incorporated legal practice;

(b) conduct of any other director (other than an Australian legal practitioner) of the incorporated legal practice that adversely affects the provision of legal services by the practice;

(c) the unsuitability of any other director (other than an Australian legal practitioner) of the incorporated legal practice to be a director of a corporation that provides legal services.

(2) A legal practitioner director of an incorporated legal practice must ensure that all reasonable action available to the legal practitioner director is taken to deal with any unsatisfactory professional conduct or professional misconduct of an Australian legal practitioner employed by the practice.

(1) An incorporated legal practice commits an offence if—

(a) it ceases to have any legal practitioner directors; and

(b) it fails to tell the law society council as soon as possible, but no later than 7 days after the day it ceases to have any legal practitioner directors.

Maximum penalty: 50 penalty units.

(2) An incorporated legal practice commits an offence if it does not have any legal practitioner directors for a period of longer than 7 days.

Maximum penalty: 50 penalty units.

(3) Subsection (2) does not apply to an incorporated legal practice during any period during which a person holds an appointment under this section in relation to the practice.

(4) An incorporated legal practice commits an offence if it provides legal services in the ACT during any period when, under subsection (5), it is in default of the director requirements under this section.

Maximum penalty: 50 penalty units.

(5) An incorporated legal practice that does not have any legal practitioner directors for a period of longer than 7 days is taken to be in default of director requirements under this section for the period from the end of the 7-day period until—

(a) it has at least 1 legal practitioner director; or

(b) a person is appointed under this section or a corresponding law in relation to the practice.

(6) The law society council may appoint an Australian legal practitioner who is an employee of the incorporated legal practice or someone else chosen by the council, in the absence of a legal practitioner director, to exercise the functions of a legal practitioner director under this part.

(7) An Australian legal practitioner is not eligible to be appointed under this section unless the practitioner holds an unrestricted practising certificate.

(8) The appointment under this section of a person to exercise functions of a legal practitioner director does not, for any other purpose, give the person any of the other functions of a director of the incorporated legal practice.

(9) A reference in this section to a legal practitioner director does not include a reference to a person who is not validly appointed as a director, but this subsection does not affect the meaning of the term legal practitioner director in other provisions of this Act.

(1) An Australian legal practitioner who provides legal services on behalf of an incorporated legal practice in the capacity of an officer or employee of the practice—

(a) is not excused from complying with professional obligations as an Australian legal practitioner, or any obligations as an Australian legal practitioner under any law; and

(b) does not lose the professional privileges of an Australian legal practitioner.

(2) For subsection (1) only, the professional obligations and professional privileges of a practitioner apply—

(a) if there are 2 or more legal practitioner directors of an incorporated legal practice—as if the practice were a partnership of the legal practitioner directors and the employees of the practice were employees of the legal practitioner directors; or

(b) if there is only 1 legal practitioner director of an incorporated legal practice—as if the practice were a sole practitioner and the employees of the practice were employees of the legal practitioner director.

(3) The law relating to client legal privilege (or other legal professional privilege) is not excluded or otherwise affected because an Australian legal practitioner is acting in the capacity of an officer or employee of an incorporated legal practice.

(4) The directors of an incorporated legal practice do not breach their duties as directors only because legal services are provided pro bono by an Australian legal practitioner employed by the practice.

(1) An incorporated legal practice, and each insurable solicitor who is a legal practitioner director or an officer or employee of the practice, must comply with the obligations of an insurable solicitor under part 3.3 (Professional indemnity insurance) in relation to insurance policies and payments to or on account of an approved indemnity fund.

(2) A solicitor who is an interstate legal practitioner and a legal practitioner director or an officer or employee of an incorporated legal practice, and who would be an insurable solicitor if the solicitor were a local practitioner, must be covered by professional indemnity insurance that—

(a) covers legal practice in the ACT; and

(b) is for at least the relevant amount inclusive of any legal costs arising from claims under the insurance; and

(c) has been approved under, or complies with, any requirement of a corresponding law for the interstate practising certificate held by the practitioner.

(3) If subsection (1) or (2) is not complied with, the law society council may—

(a) for a legal practitioner director who holds a local practising certificate—suspend the director’s practising certificate while the failure continues; or

(b) for a legal practitioner director who is an interstate legal practitioner—

(i) suspend the director’s entitlement under part 2.4 (Legal practice by Australian legal practitioners) to practise in the ACT while the failure to comply continues; and

(ii) ask the corresponding authority in the practitioner’s home jurisdiction to suspend the director’s interstate practising certificate until the law society council tells the corresponding authority that this section has been complied with.

(4) The insurance premiums or other amounts payable under part 3.3 (Professional indemnity insurance) by an incorporated legal practice may be decided by reference to the total number of solicitors employed by the practice and any other relevant matter.

(5) The law society council may, with the Attorney-General’s approval, decide that an amount is payable from an approved indemnity fund for the liability of an incorporated legal practice, and of the solicitors who are officers and employees of the practice, in relation to the provision of legal services.

(6) The law society council may exempt an incorporated legal practice from this section on the grounds the council considers sufficient.

(7) In this section:

approved indemnity fund means an indemnity fund approved by the law society council under section 315 (Approval of indemnity fund) in relation to an Australian legal practitioner who is a solicitor.

insurable solicitor—see section 308.

relevant amount means—

(a) if an amount is prescribed by regulation for section 72 (Professional indemnity insurance—interstate legal practitioners)—that amount; or

(b) if an amount is not prescribed by regulation—$1.5 million.

(1) For the application of this Act or any other territory law relating to conflicts of interest to the conduct of an Australian legal practitioner who is—

(a) a legal practitioner director of an incorporated legal practice; or

(b) an officer or employee of an incorporated legal practice;

the interests of the practice or any related body corporate are also taken to be those of the practitioner (in addition to any interests that the practitioner has apart from this subsection).

(2) The legal profession rules may make provision in relation to additional duties and obligations in relation to conflicts of interest arising out of the conduct of an incorporated legal practice.

Note Under s 110 (Obligations and privileges of practitioners who are officers or employees of incorporated legal practices), an Australian legal practitioner who is an officer or employee of an incorporated legal practice must comply with the same professional obligations as other practitioners.

(1) A person (the legal practitioner) commits an offence if—

(a) someone else (the client) engages an incorporated legal practice to provide services (the required services) that the client might reasonably assume to be legal services; and

(b) the practice provides services other than legal services in the ACT; and

(c) the legal practitioner is—

(i) a legal practitioner director of the practice; or

(ii) an employee of the practice who is an Australian legal practitioner and provides the required services on behalf of the practice; and

(d) the legal practitioner fails to ensure that a disclosure, complying with the requirements of this section, is made to the client in relation to the provision of the required services.

Maximum penalty: 50 penalty units.

Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

(2) The disclosure must be made by giving the client a written notice—

(a) setting out the services to be provided; and

(b) stating whether or not all the legal services to be provided will be provided by an Australian legal practitioner; and

(c) if some or all of the legal services to be provided will not be provided by an Australian legal practitioner—identifying those services and indicating the status or qualifications of the people who will provide the services; and

(d) stating that this Act applies to the provision of legal services but not to the provision of the nonlegal services.

(3) A regulation may make provision in relation to the following matters:

(a) how a disclosure must be made;

(b) additional matters required to be disclosed in relation to the provision of legal services or nonlegal services by an incorporated legal practice.

(4) Without limiting subsection (3), the additional matters may include the kind of services provided by the incorporated legal practice and whether the services are or are not covered by the insurance or other provisions of this Act.

(5) A disclosure under this section to a person about the provision of legal services may relate to the provision of legal services once, more than once or on an ongoing basis.

(1) This section applies if—

(a) section 113 applies in relation to a service that is provided to a person who has engaged an incorporated legal practice to provide the service and that the person might reasonably assume to be a legal service; and

(b) a disclosure has not been made under that section in relation to the service.

(2) The standard of care owed by the incorporated legal practice in relation to the service is the standard that would apply if the service had been provided by an Australian legal practitioner.

The legal profession rules, so far as they apply to Australian legal practitioners, also apply, with necessary changes, to Australian legal practitioners who are officers or employees of an incorporated legal practice, unless the rules otherwise provide.

(1) Any restriction imposed under this Act or any other Act in relation to advertising by Australian legal practitioners applies, with necessary changes, to advertising by an incorporated legal practice in relation to the provision of legal services.

Note This Act is defined in the dictionary.

(2) If a restriction mentioned in subsection (1) is limited to a particular branch of the legal profession or for people who practise in a particular style of legal practice, the restriction applies only to the extent that the incorporated legal practice carries on the business of the relevant class of Australian legal practitioners.

(3) Any advertisement of the kind mentioned in this section is, for the purposes of disciplinary proceedings taken against an Australian legal practitioner, taken to have been authorised by each legal practitioner director of the incorporated legal practice.

(4) This section does not apply if the provision by which the restriction is imposed expressly excludes its application to incorporated legal practices.

(1) This section applies to a civil proceeding based on the vicarious liability of an incorporated legal practice if—

(a) the proceeding relates to a failure to account for, pay or deliver money or property that was—

(i) received by, or entrusted to, the practice (or to any officer or employee of the practice) in the course of the provision of legal services by the practice; and

(ii) under the direct or indirect control of the practice; or

(b) the proceeding is for any other debt owed, or damages payable, to a client because of a dishonest act or omission by an Australian legal practitioner who is an employee of the practice in relation to the provision of legal services to the client.

(2) If the incorporated legal practice would not (apart from this section) be vicariously liable for any acts or omissions of its officers and employees in the proceeding, but would be liable for the acts or omissions if the practice and the officers and employees were carrying on business in partnership, the practice is taken to be vicariously liable for the acts or omissions.

(1) This Act does not prevent an Australian legal practitioner from sharing with an incorporated legal practice receipts arising from the provision of legal services by the practitioner.

Note This Act is defined in the dictionary.

(2) This section does not extend to the sharing of receipts in contravention of section 119, and has effect subject to section 49 (Barristers—restrictions on engaging in legal practice etc).

(1) An incorporated legal practice commits an offence if a disqualified person—

(a) is an officer or employee of the incorporated legal practice (whether or not the person provides legal services) or is an officer or employee of a related body corporate; or

(b) is a partner of the incorporated legal practice in a business that includes the provision of legal services; or

(c) shares the receipts of the provision of legal services by the incorporated legal practice; or

(d) is engaged or paid in relation to the provision of legal services by the incorporated legal practice.

Maximum penalty: 50 penalty units.

(2) The failure of a legal practitioner director of an incorporated legal practice to ensure that the practice complies with subsection (1) can be unsatisfactory professional conduct or professional misconduct.

(1) The law society council may conduct an audit of—

(a) the compliance of an incorporated legal practice (and of its officers and employees) with the requirements of—

(i) this part; or

(ii) a regulation or the legal profession rules, so far as they relate specifically to incorporated legal practices; and

(b) the management of the provision of legal services by the incorporated legal practice (including the supervision of officers and employees providing the services).

(2) The law society council may appoint a suitably qualified person to conduct the audit.

Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.

Note 2 In particular, an appointment may be made by naming a person or nominating the occupant of a position (see s 207).

(3) The appointment may be made generally or for the audit of a law practice stated in the appointment.

(4) An audit may be conducted whether or not a complaint has been made against an Australian lawyer in relation to the provision of legal services by the incorporated legal practice.

(5) A report of an audit of the incorporated legal practice—

(a) must be given to the practice; and

(b) may be given by the law society council to a corresponding authority; and

(c) may be taken into account in relation to any disciplinary proceeding taken against a legal practitioner director or someone else or in relation to the grant, amendment, suspension or cancellation of Australian practising certificates.

Chapter 6 (Investigations) applies to an audit under this division.

(1) On the application of the law society council, the Supreme Court may make an order disqualifying a corporation from providing legal services in the ACT for the period the court considers appropriate if satisfied that—

(a) a ground for disqualifying the corporation under this section has been established; and

(b) the disqualification is justified.

(2) An order under this section in relation to a corporation may be made—

(a) subject to conditions about the conduct of the corporation; or

(b) subject to conditions about when or in what circumstances the order is to take effect; or

(c) together with orders to safeguard the interests of clients or employees of the corporation.

(3) Action may be taken against an incorporated legal practice on any of the following grounds:

(a) that a legal practitioner director or an Australian legal practitioner who is an officer or employee of the practice has been found guilty of professional misconduct under an ACT law or a law of another jurisdiction;

(b) that the law society council is satisfied, after conducting an audit of the practice, that the practice has failed to implement satisfactory management and supervision of its provision of legal services;

(c) that the practice (or a related body corporate) has contravened section 102 (Nonlegal services and businesses of incorporated legal practices);

(d) that the practice has contravened section 119 (Disqualified people—incorporated legal practices);

(e) that a person who is an officer of the practice, and who is the subject of an order under any of the following provisions, is acting in the management of the practice:

(i) section 123 (Disqualification from managing incorporated legal practice) or a provision of a corresponding law that corresponds to that section;

(ii) section 148 (Prohibition on multidisciplinary partnerships with certain partners who are not Australian legal practitioners) or a provision of a corresponding law that corresponds to that section.

(4) If a corporation is disqualified under this section, the law society council that applied for the order must tell the regulator of every other jurisdiction.

(5) If a corporation is disqualified from providing legal services in another jurisdiction under a corresponding law, the law society council may decide that the corporation is taken to be disqualified from providing legal services in the ACT for the same period.

(6) However, subsection (5) does not prevent the law society council from instead applying for an order under this section.

(7) A corporation commits an offence if it provides legal services in contravention of an order under this section.

Maximum penalty: 50 penalty units.

(8) A corporation that is disqualified under this section stops being an incorporated legal practice.

(9) Conduct of an Australian legal practitioner who provides legal services on behalf of a corporation in the capacity of an officer or employee of the corporation can be unsatisfactory professional conduct or professional misconduct if the practitioner ought reasonably to have known that the corporation is disqualified under this section.

(10) A regulation may make provision in relation to the publication and notification of orders made under this section, including notification of appropriate authorities of other jurisdictions.

(11) In this section:

regulator, of another jurisdiction, means the entity that is the regulator of the jurisdiction under the corresponding law of the jurisdiction or, if there is no regulator under that law, the entity corresponding to the law society council under the corresponding law.

(1) The Supreme Court may, on the application of the law society council, make an order disqualifying a person from managing a corporation that is an incorporated legal practice for the period the court considers appropriate if satisfied that—

(a) the person is a person who could be disqualified under a relevant Corporations Act provision from managing corporations; and

(b) the disqualification is justified.

(2) In subsection (1):

relevant Corporations Act provision means any of the following provisions of the Corporations Act:

• • section 206C (Court power of disqualification—contravention of civil penalty provision)

• • section 206D (Court power of disqualification—insolvency and non-payment of debts)

• • section 206E (Court power of disqualification—repeated contraventions of Act)

• • section 206F (ASIC’s power of disqualification).

(3) On the application of a person subject to a disqualification order under this section, the Supreme Court may revoke the order.

(4) A disqualification order made under this section has effect for this Act only and does not affect the application or operation of the Corporations Act.

(5) A regulation may make provision in relation to the publication and notification of orders made under this section.

(6) A person who is disqualified from managing a corporation under provisions of a corresponding law that correspond to this section is taken to be disqualified from managing a corporation under this section.

(1) This section applies if the law society council, in exercising functions under this Act, acquired information about a corporation that is or was an incorporated legal practice.

Note This Act is defined in the dictionary.

(2) The law society council may disclose to the Australian Securities and Investments Commission any information about the corporation that is relevant to the commission’s functions.

(3) Information may be provided under subsection (2) despite any law relating to secrecy or confidentiality, including any provisions of this Act.

(1) This section applies to a proceeding in any court under the Corporations Act, chapter 5 (External administration)—

(a) relating to a corporation that is an externally-administered body corporate under that Act and is or was an incorporated legal practice; or

(b) relating to a corporation that is or was an incorporated legal practice becoming an externally-administered body corporate under that Act.

(2) The law society council is entitled to intervene in the proceeding, unless the court decides that the proceeding does not concern or affect the provision of legal services by the corporation.

(3) In exercising its jurisdiction in the proceeding, the court may have regard to the interests of the clients of the corporation who have been or are to be provided with legal services by the corporation.

(4) Subsection (3) does not authorise the court to make any decision that is contrary to a specific provision of the Corporations Act.

(5) The provisions of subsections (2) and (3) are declared to be Corporations legislation displacement provisions for the Corporations Act, section 5G (Avoiding direct inconsistency arising between the Corporations legislation and State and Territory laws) in relation to the provisions of that Act, chapter 5.

Note Subsection (5) ensures that that any provision of the Corporations Act or the Australian Securities and Investment Commission Act 2001 (Cwlth) with which s (2) and (3) would otherwise be inconsistent does not apply to the extent necessary to avoid the inconsistency.

(1) This section applies to a proceeding for the external administration (however expressed) of a corporation that is or was an incorporated legal practice, but does not apply to a proceeding to which section 125 (External administration proceedings under Corporations Act) applies.

(2) The law society council is entitled to intervene in the proceeding, unless the court decides that the proceeding does not concern or affect the provision of legal services by the corporation.

(3) In exercising its jurisdiction in the proceedings, the court may have regard to the interests of the clients of the corporation who have been or are to be provided with legal services by the corporation.

(4) Subsection (3) does not authorise the court to make any decision that is contrary to a specific provision of any legislation applying to the corporation.

(1) This section applies if a corporation that is or was an incorporated legal practice is the subject of both—

(a) the appointment of a chapter 5 receiver; and

(b) the appointment of a Corporations Act administrator.

(2) The chapter 5 receiver is under a duty to tell the Corporations Act administrator of the appointment of the chapter 5 receiver, whether the appointment precedes, follows or happens at the same time as the appointment of the Corporations Act administrator.

(3) The chapter 5 receiver or the Corporations Act administrator (or both of them jointly) may apply to the Supreme Court for the resolution of issues arising from or in relation to the dual appointments and their respective powers, except if proceedings mentioned in section 125 (External administration proceedings under Corporations Act) have been started.

(4) The Supreme Court may make any orders it considers appropriate, and no liability attaches to the chapter 5 receiver or the Corporations Act administrator for any act or omission done by the receiver or administrator honestly for the purpose of carrying out or acting in accordance with the orders.

(5) The law society council is entitled to intervene in the proceeding, unless the court decides that the proceeding does not concern or affect the provision of legal services by the corporation.

(6) The provisions of subsections (3) and (4) are declared to be Corporations legislation displacement provisions for the Corporations Act, section 5G (Avoiding direct inconsistency arising between the Corporations legislation and State and Territory laws) in relation to the provisions of that Act, chapter 5.

Note Subsection (6) ensures that that any provision of the Corporations Act or the Australian Securities and Investment Commission Act 2001 (Cwlth) with which s (3) and (4) would otherwise be inconsistent does not apply to the extent necessary to avoid the inconsistency.

(7) In this section:

chapter 5 receiver means a receiver appointed under chapter 5.

Corporations Act administrator means—

(a) a receiver, receiver and manager, liquidator (including a provisional liquidator), controller, administrator or deed administrator appointed under the Corporations Act; or

(b) a person who is appointed to exercise powers under that Act and who is prescribed by regulation for this definition.

(1) This section applies if a corporation that is or was an incorporated legal practice is the subject of both—

(a) the appointment of a chapter 5 receiver; and

(b) the appointment of an external administrator.

(2) The chapter 5 receiver is under a duty to tell the external administrator of the appointment of the chapter 5 receiver, whether the appointment precedes, follows or happens at the same time as the appointment of the external administrator.

(3) The chapter 5 receiver or the external administrator (or both of them jointly) may apply to the Supreme Court for the resolution of issues arising from or in relation to the dual appointments and their respective powers.

(4) The Supreme Court may make any orders it considers appropriate, and no liability attaches to the chapter 5 receiver or the external administrator for any act or omission done by the receiver or administrator in honestly for the purpose of carrying out or acting in accordance with the orders.

(5) The law society council is entitled to intervene in the proceeding, unless the court decides that the proceeding does not concern or affect the provision of legal services by the corporation.

(6) In this section:

chapter 5 receiver means a receiver appointed under chapter 5.

external administrator means a person who is appointed to exercise powers under other legislation (whether or not ACT legislation) and who is prescribed by regulation for this definition.

An ACT court may make arrangements for communicating and cooperating with other courts or tribunals in relation to the exercise of powers under this part.

The provisions of this Act that apply to a corporation that is or was an incorporated legal practice prevail, to the extent of any inconsistency, over the constitution or other constituent documents of the corporation.

Note This Act is defined in the dictionary.

(1) This section applies to a corporation that is established under a law (whether or not ACT legislation) and is or was an incorporated legal practice, but is not a company within the meaning of the Corporations Act.

(2) The provisions of this Act that apply to a corporation that is or was an incorporated legal practice prevail, to the extent of any inconsistency, over provisions of the legislation under which the corporation is established or regulated that are prescribed by regulation.

Note This Act is defined in the dictionary.

(1) A regulation may declare any provision of this Act that relates to a corporation that is or was an incorporated legal practice to be a Corporations legislation displacement provision for the Corporations Act, section 5G (Avoiding direct inconsistency arising between the Corporations legislation and State and Territory laws).

Note 1 The declaration of a provision ensures that that any provision of the Corporations Act or the Australian Securities and Investment Commission Act 2001 (Cwlth) with which the provision would otherwise be inconsistent does not apply to the extent necessary to avoid the inconsistency.

Note 2 This Act is defined in the dictionary.

(2) A regulation may declare any matter relating to a corporation that is or was an incorporated legal practice, and that is prohibited, required, authorised or permitted under this Act, to be an excluded matter for the Corporations Act, section 5F in relation to—

(a) all of the Corporations legislation; or

(b) a stated provision of the Corporations legislation; or

(c) the Corporations legislation other than a stated provision; or

(d) the Corporations legislation otherwise than to a stated extent.

(3) In this section:

matter includes act, omission, body, person or thing.

(1) A person commits an offence if—

(a) the person causes or induces someone else to contravene this Act or the person’s professional obligations as an Australian legal practitioner; and

(b) the other person is—

(i) a legal practitioner director of an incorporated legal practice; or

(ii) another Australian legal practitioner who provides legal services on behalf of an incorporated legal practice.

Maximum penalty: 50 penalty units.

Note This Act is defined in the dictionary.

(2) This section applies to the person whether or not the person is an officer or employee of the incorporated legal practice.

(1) A multidisciplinary partnership is a partnership between 1 or more Australian legal practitioners and 1 or more other people who are not Australian legal practitioners, if the business of the partnership includes the provision of legal services in the ACT as well as other services.

(2) However, a partnership consisting only of 1 or more Australian legal practitioners and 1 or more Australian-registered foreign lawyers is not a multidisciplinary partnership.

(3) This part does not affect or apply to the provision by a multidisciplinary partnership of legal services in 1 or more other jurisdictions.

(1) An Australian legal practitioner may be in partnership with a person who is not an Australian legal practitioner, if the business of the partnership includes the provision of legal services.

(2) Subsection (1) does not prevent an Australian legal practitioner from being in partnership with a person who is not an Australian legal practitioner, if the business of the partnership does not include the provision of legal services.

(3) A regulation may prohibit an Australian legal practitioner from being in partnership with a person providing a service or conducting a business of a prescribed kind, if the business of the partnership includes the provision of legal services.

Note Contravention of a regulation is a ground for making a prohibition order under section 148 (Prohibition on multidisciplinary partnerships with certain partners who are not Australian legal practitioners).

(1) A person commits an offence if—

(a) the person is a legal practitioner partner of a multidisciplinary partnership; and

(b) the person starts to provide legal services in the ACT as a member of the partnership; and

(c) the person has not given written notice to the law society council of the person’s intention to start providing the legal services.

Maximum penalty: 50 penalty units.

Note If a form is approved by the law society council under s 583 for this provision, the form must be used.

(2) An offence against this section is a strict liability offence.

(1) Each legal practitioner partner of a multidisciplinary partnership is, for this Act only, responsible for the management of the legal services provided in the ACT by the partnership.

(2) Each legal practitioner partner must ensure that appropriate management systems are implemented and maintained to enable the provision of legal services by the multidisciplinary partnership—

(a) in accordance with the professional obligations of Australian legal practitioners and the other obligations imposed by this Act; and

(b) so that the professional obligations of legal practitioner partners and employees who are Australian legal practitioners are not affected by other partners and employees of the partnership.

(1) Each of the following can be unsatisfactory professional conduct or professional misconduct by a legal practitioner partner of a multidisciplinary partnership:

(a) unsatisfactory professional conduct or professional misconduct of an Australian legal practitioner employed by the partnership;

(b) conduct of any other partner (other than an Australian legal practitioner) of the partnership that adversely affects the provision of legal services by the partnership;

(c) the unsuitability of any other partner (other than an Australian legal practitioner) of the partnership to be a member of a partnership that provides legal services.

(2) A legal practitioner partner of a multidisciplinary partnership must ensure that all reasonable steps available to the partner is taken to deal with any unsatisfactory professional conduct or professional misconduct of an Australian legal practitioner employed by the partnership.

(1) Unless a provision of this Act expressly applies to a partner of a multidisciplinary partnership who is not an Australian legal practitioner, the partner does not contravene the provision only because of any of the following:

(a) the partner is a member of a partnership, if the business of the partnership includes the provision of legal services;

(b) the partner receives any fee, gain or reward for business of the partnership that is the business of an Australian legal practitioner;

(c) the partner holds out, advertises or represents himself or herself as a member of a partnership, if the business of the partnership includes the provision of legal services;

(d) the partner shares with any other partner the receipts of business of the partnership that is the business of an Australian legal practitioner.

Note This Act is defined in the dictionary.

(2) In this section:

fee, gain or reward means any form of, and any expectation of, a fee, gain or reward.

(1) An Australian legal practitioner who provides legal services in the capacity of a partner or employee of a multidisciplinary partnership—

(a) is not excused from complying with professional obligations as an Australian legal practitioner, or any other obligations as an Australian legal practitioner under any law; and

(b) does not lose the professional privileges of an Australian legal practitioner.

(2) The law relating to client legal privilege (or other legal professional privilege) is not excluded or otherwise affected because an Australian legal practitioner is acting in the capacity of a partner or an employee of a multidisciplinary partnership.

(1) For the application of this Act or any other territory law relating to conflicts of interest to the conduct of an Australian legal practitioner who is—

(a) a legal practitioner partner of a multidisciplinary partnership; or

(b) an employee of a multidisciplinary partnership;

the interests of the partnership or any partner of the partnership are also taken to be interests of the practitioner (in addition to any interests that the practitioner has apart from this subsection).

Note This Act is defined in the dictionary.

(2) The legal profession rules may make provision in relation to additional duties and obligations in relation to conflicts of interest arising out of the conduct of a multidisciplinary partnership.

Note Under s 140 (Obligations and privileges of practitioners who are partners or employees of multidisciplinary partnerships), an Australian legal practitioner who is a partner or employee of a multidisciplinary partnership must comply with the same professional obligations as other practitioners.

(1) A person (the legal practitioner) commits an offence if—

(a) someone else (the client) engages a multidisciplinary partnership to provide services (the required services) that the client might reasonably assume to be legal services; and

(b) the legal practitioner is—

(i) a legal practitioner partner of the partnership; or

(ii) an employee of the partnership who is an Australian legal practitioner and provides the required services on behalf of the partnership; and

(c) the legal practitioner fails to ensure that a disclosure, complying with the requirements of this section, is made to the client in relation to the provision of the required services.

Maximum penalty: 50 penalty units.

Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

(2) The disclosure must be made by giving the client a written notice—

(a) setting out the services to be provided; and

(b) stating whether or not all the legal services to be provided will be provided by an Australian legal practitioner; and

(c) if some or all of the legal services to be provided will not be provided by an Australian legal practitioner—identifying those services and indicating the status or qualifications of the people who will provide the services; and

(d) stating that this Act applies to the provision of legal services but not to the provision of the nonlegal services.

Note This Act is defined in the dictionary.

(3) A regulation may make provision in relation to the following matters:

(a) how a disclosure must be made;

(b) additional matters required to be disclosed in relation to the provision of legal services or nonlegal services by a multidisciplinary partnership.

(4) Without limiting subsection (3), the additional matters may include the kind of services provided by the multidisciplinary partnership and whether or not the services are covered by the insurance or other provisions of this Act.

(5) A disclosure under this section to a person about the provision of legal services may relate to the provision of legal services once, more than once or on an ongoing basis.

(1) This section applies if—

(a) section 142 applies in relation to a service that is provided to a person who has engaged a multidisciplinary partnership to provide the service and that the person might reasonably assume to be a legal service; and

(b) a disclosure has not been made under that section in relation to the service.

(2) The standard of care owed by the multidisciplinary partnership in relation to the service is the standard that would apply if the service had been provided by an Australian legal practitioner.

The legal profession rules, so far as they apply to Australian legal practitioners, also apply, with necessary changes, to Australian legal practitioners who are legal practitioner partners or employees of a multidisciplinary partnership, unless the rules otherwise provide.

(1) Any restriction imposed under this Act or any other Act in relation to advertising by Australian legal practitioners applies, with necessary changes, to advertising by a multidisciplinary partnership in relation to the provision of legal services.

Note This Act is defined in the dictionary.

(2) If a restriction mentioned in subsection (1) is limited to a particular branch of the legal profession or for people who practise in a particular style of legal practice, the restriction applies only to the extent that the multidisciplinary partnership carries on the business of the relevant class of Australian legal practitioners.

(3) An advertisement of the kind mentioned in this section is, for the purposes of disciplinary proceedings taken against an Australian legal practitioner, taken to have been authorised by each legal practitioner partner of the multidisciplinary partnership.

(4) This section does not apply if the provision by which the restriction is imposed expressly excludes its applications to multidisciplinary partnerships.

(1) This Act does not prevent a legal practitioner partner, or an Australian legal practitioner who is an employee, of a multidisciplinary partnership from sharing receipts arising from the provision of legal services by the partner or practitioner with a partner or partners who are not Australian legal practitioners.

Note This Act is defined in the dictionary.

(2) This section does not extend to the sharing of receipts in contravention of section 147, and has effect subject to section 49 (Barristers—restrictions on engaging in legal practice etc).

A legal practitioner partner of a multidisciplinary partnership commits an offence if—

(a) a disqualified person is a partner in the partnership; or

(b) the partner shares with a disqualified person the receipts of the provision of legal services by the partnership; or

(c) the partner employs or pays a disqualified person in relation to the provision of legal services by the partnership.

Maximum penalty: 100 penalty units.

Note Disqualified person is defined in s 99.

(1) This section applies to a person who—

(a) is not an Australian legal practitioner; and

(b) is or was a partner of an Australian legal practitioner.

(2) On application by the law society council, the Supreme Court may make an order prohibiting any Australian legal practitioner from being a partner, in a business that includes the provision of legal services, of a stated person to whom this section applies if the court is satisfied that—

(a) the person is not a fit and proper person to be a partner; or

(b) the person has been guilty of conduct that, if the person were an Australian legal practitioner, would have been unsatisfactory professional conduct or professional misconduct; or

(c) for a corporation—the corporation has been disqualified from providing legal services in the ACT or there are grounds for disqualifying the corporation from providing legal services in the ACT.

(3) An order made under this section may be revoked by the Supreme Court on application by the law society council or the person against whom the order was made.

(4) The death of an Australian legal practitioner does not prevent an application being made for, or the making of, an order under this section in relation to a person who was a partner of the practitioner.

(5) A regulation may make provision in relation to the publication and notification of orders made under this section.

(1) A person commits an offence if—

(a) the person causes or induces someone else to contravene this Act or the person’s obligations as an Australian legal practitioner; and

(b) the other person is—

(i) a legal practitioner partner of a multidisciplinary partnership; or

(ii) another Australian legal practitioner who is an employee of a multidisciplinary partnership and provides legal services.

Maximum penalty: 50 penalty units.

Note This Act is defined in the dictionary.

(2) This section applies to the person whether or not the person is a partner or employee of the multidisciplinary partnership.

Except as provided by this part, this part does not affect any obligation imposed under this Act or any other Act on—

(a) a legal practitioner director of an incorporated legal practice, or an Australian legal practitioner who is an employee of an incorporated legal practice, in the person’s capacity as an Australian legal practitioner; or

(b) a legal practitioner partner of a multidisciplinary partnership, or an Australian legal practitioner who is an employee of a multidisciplinary partnership, in the person’s capacity as an Australian legal practitioner.

Note This Act is defined in the dictionary.

(1) A regulation may make provision in relation to the following matters:

(a) the legal services provided by incorporated legal practices or legal practitioner partners or employees of multidisciplinary partnerships;

(b) other services provided by incorporated legal practices or legal practitioner partners or employees of multidisciplinary partnerships in circumstances where a conflict of interest relating to the provision of legal services may arise.

(2) A regulation prevails over any inconsistent provision of the legal profession rules.

(3) A regulation may provide that a breach of a regulation can be unsatisfactory professional conduct or professional misconduct—

(a) for an incorporated legal practice—by a legal practitioner director of the practice, an Australian legal practitioner responsible for the breach, or both; or

(b) for a multidisciplinary partnership—by a legal practitioner partner of the partnership, an Australian legal practitioner responsible for the breach, or both.

In this part:

Australia includes the external territories.

Australian law means law of the Commonwealth or of a jurisdiction.

commercial legal presence means an interest in a law practice practising foreign law.

foreign law means law of a foreign country.

foreign law practice means a partnership or corporate entity that is entitled to engage in legal practice in a foreign country.

foreign licensing body means an entity in a foreign country having the function, given by the law of the foreign country, of registering people to engage in legal practice in the foreign country.

licensing body means the law society council.

local registration certificate means a registration certificate given under this part.

overseas-registered foreign lawyer means an individual who is properly registered to engage in legal practice in a foreign country by the foreign licensing body for the country.

practise foreign law means doing work, or transacting business, in the ACT concerning foreign law, being work or business of a kind that, if it concerned a territory law, would ordinarily be done or transacted by an Australian legal practitioner.

registered, if used in relation to a foreign country, means having all necessary licences, approvals, admissions, certificates or other forms of authorisation (including practising certificates) required under legislation for engaging in legal practice in the country.

The purpose of this part is to encourage and facilitate the internationalisation of legal services and the legal services sector by providing a framework for the regulation of the practice of foreign law in the ACT by foreign lawyers as a recognised aspect of legal practice in the ACT.

(1) This part does not apply to an Australian legal practitioner (including an Australian legal practitioner who is also an overseas-registered foreign lawyer).

(2) Accordingly, this part does not require or allow an Australian legal practitioner (including an Australian legal practitioner who is also an overseas-registered foreign lawyer) to be registered as a foreign lawyer under this Act to practise foreign law in the ACT.

(3) This part does not apply to an overseas-registered foreign lawyer who practices foreign law in the ACT as a public employee, a member of the Australian Public Service or a member of the defence force.

(1) A person commits an offence if—

(a) the person practises foreign law in the ACT; and

(b) the person is not—

(i) an Australian-registered foreign lawyer; or

(ii) an Australian legal practitioner.

Maximum penalty: 50 penalty units.

(2) This section does not apply to an overseas-registered foreign lawyer who—

(a) practises foreign law in the ACT for 1 or more continuous periods that do not, in the aggregate, exceed 12 months in any 3-year period; or

(b) is subject to a restriction imposed under the Migration Act 1958 (Cwlth) that has the effect of limiting the period during which work may be done, or business transacted, in Australia by the person.

An Australian-registered foreign lawyer is, subject to this Act, entitled to practise foreign law in the ACT.

(1) An Australian-registered foreign lawyer may provide only the following legal services in the ACT:

(a) doing work, or transacting business, concerning the law of a foreign country where the lawyer is registered by the foreign licensing body for the country;

(b) legal services (including appearances) in relation to arbitration proceedings of a kind prescribed by regulation;

(c) legal services (including appearances) in relation to proceedings before a body (other than a court) in which the body is not required to apply the rules of evidence and in which knowledge of the foreign law of a country mentioned in paragraph (a) is essential;

(d) legal services for conciliation, mediation and other forms of consensual dispute resolution of a kind prescribed by regulation.

(2) This Act does not authorise an Australian-registered foreign lawyer to appear in any court (except on the lawyer’s own behalf) or to practise Australian law in the ACT.

(3) Despite subsection (2), an Australian-registered foreign lawyer may advise on the effect of an Australian law if—

(a) the giving of advice on Australian law is necessarily incidental to the practice of foreign law; and

(b) the advice is expressly based on advice given on the Australian law by an Australian legal practitioner who is not an employee of the foreign lawyer.

(1) An Australian-registered foreign lawyer may (subject to any conditions attaching to the foreign lawyer’s registration) practise foreign law—

(a) on the foreign lawyer’s own account; or

(b) in partnership with 1 or more Australian-registered foreign lawyers or 1 or more Australian legal practitioners, or both, in circumstances where, if the Australian-registered foreign lawyer were an Australian legal practitioner, the partnership would be permitted under an ACT law; or

(c) as a director or employee of an incorporated legal practice or a partner or employee of a multidisciplinary partnership that is permitted by an ACT law; or

(d) as an employee of an Australian legal practitioner or law firm in circumstances where, if the Australian-registered foreign lawyer were an Australian legal practitioner, the employment would be permitted under an ACT law; or

(e) as an employee of an Australian-registered foreign lawyer.

(2) An affiliation mentioned in subsection (1) (b) to (e) does not entitle the Australian-registered foreign lawyer to practise Australian law in the ACT.

(1) An Australian-registered foreign lawyer must not engage in any conduct in practising foreign law that would, if the conduct were engaged in by an Australian legal practitioner in practising Australian law in the ACT, be professional misconduct or unsatisfactory professional conduct.

(2) Chapter 4 (Complaints and discipline) applies—

(a) to a person who—

(i) is an Australian-registered foreign lawyer; or

(ii) was an Australian-registered foreign lawyer when the relevant conduct allegedly happened, but is no longer an Australian-registered foreign lawyer (in which case chapter 4 applies as if the person were an Australian-registered foreign lawyer); and

(b) as if references in chapter 4 to an Australian legal practitioner were references to a person of that kind.

(3) A regulation may make provision in relation to the application (with or without change) of the provisions of chapter 4 for this section.

(4) Without limiting the matters that may be taken into account in deciding whether a person should be disciplined for a contravention of subsection (1), the following matters may be taken into account:

(a) whether the conduct of the person was consistent with the standard of professional conduct of the legal profession in any foreign country where the person is registered;

(b) whether the person contravened the subsection intentionally or without reasonable excuse.

(5) Without limiting any other provision of this section or the orders that may be made under chapter 4 as applied by this section, the following orders may be made under that chapter as applied by this section:

(a) an order that a person’s registration under this Act as a foreign lawyer be cancelled;

(b) an order that a person’s registration under a corresponding law as a foreign lawyer be cancelled.

(1) An Australian-registered foreign lawyer may use only the following designations:

(a) the lawyer’s own name;

(b) a title or business name the lawyer is authorised by law to use in a foreign country where the lawyer is registered by a foreign licensing body;

(c) subject to this section, the name of a foreign law practice with which the lawyer is affiliated or associated (whether as a partner, director, employee or otherwise);

(d) if the lawyer is a principal of any law practice in Australia whose principals include both 1 or more Australian-registered foreign lawyers and 1 or more Australian legal practitioners—a description of the practice that includes reference to both Australian legal practitioners and Australian-registered foreign lawyers (for example, ‘Solicitors and locally-registered foreign lawyers’ or ‘Australian solicitors and US attorneys’).

(2) An Australian-registered foreign lawyer who is a principal of a foreign law practice may use the practice’s name in or in relation to practising foreign law in the ACT only if—

(a) the lawyer indicates, on the lawyer’s letterhead or any other document used in the ACT to identify the lawyer as an overseas-registered foreign lawyer, that the foreign law practice practises only foreign law in the ACT; and

(b) the lawyer has given the licensing body acceptable evidence that the lawyer is a principal of the foreign law practice.

(3) An Australian-registered foreign lawyer who is a principal of foreign law practice may use the name of the practice in accordance with this section whether or not other principals of the practice are Australian-registered foreign lawyers.

(4) This section does not authorise the use of a name or other designation that contravenes any requirements of an ACT law about the use of business names or that is likely to lead to any confusion with the name of any established domestic law practice or foreign law practice in the ACT.

(1) An Australian-registered foreign lawyer must indicate, in each public document distributed by the lawyer in relation to the lawyer’s practice of foreign law, the fact that the lawyer is an Australian-registered foreign lawyer and is restricted to the practice of foreign law.

(2) Subsection (1) is satisfied if the lawyer includes in the public document the words—

(a) ‘registered foreign lawyer’ or ‘registered foreign practitioner’; and

(b) ‘entitled to practise foreign law only’.

(3) An Australian-registered foreign lawyer may (but need not) include either or both of the following on any public document:

(a) an indication of all foreign countries in which the lawyer is registered to engage in legal practice;

(b) a description of the lawyer, and any law practice with which the lawyer is affiliated or associated, in any of the ways designated in section 160.

(4) In this section:

public document includes any business letter, statement of account, invoice, business card, and promotional and advertising material.

(1) An Australian-registered foreign lawyer is required to comply with any advertising restrictions imposed by the licensing body or by law on the practice of law by an Australian legal practitioner that are relevant to the practice of law in the ACT.

(2) Without limiting subsection (1), an Australian-registered foreign lawyer must not advertise (or use any description on the lawyer’s letterhead or any other document used in the ACT to identify the lawyer as a lawyer) in any way that—

(a) might reasonably be regarded as—

(i) false, misleading or deceptive; or

(ii) suggesting that the Australian-registered foreign lawyer is an Australian legal practitioner; or

(b) contravenes a regulation.

(1) An Australian-registered foreign lawyer may employ 1 or more Australian legal practitioners.

(2) Employment of an Australian legal practitioner does not entitle an Australian-registered foreign lawyer to practise Australian law in the ACT.

(3) An Australian legal practitioner employed by an Australian-registered foreign lawyer may practise foreign law.

(4) An Australian legal practitioner employed by an Australian-registered foreign lawyer must not—

(a) provide advice on Australian law to, or for use by, the Australian-registered foreign lawyer; or

(b) otherwise practise Australian law in the ACT in the course of the employment.

(5) Subsection (4) does not apply to an Australian legal practitioner employed by a law firm a partner of which is an Australian-registered foreign lawyer, if at least 1 other partner is an Australian legal practitioner.

(6) Any period of employment of an Australian legal practitioner by an Australian-registered foreign lawyer cannot be used to satisfy a requirement imposed by a condition on a local practising certificate to complete a period of supervised legal practice.

(1) The provisions of part 3.1 (Trust money and trust accounts), and any other provisions of this Act relating to requirements for trust money and trust accounts, apply (subject to this section) to Australian-registered foreign lawyers in the same way as they apply to Australian legal practitioners.

(2) A regulation may make provision in relation to the application (with or without change) of the provisions of this Act relating to trust money and trust accounts for this section.

(3) In this section, a reference to money is not limited to a reference to money in the ACT.

(1) An Australian-registered foreign lawyer who practises foreign law in the ACT commits an offence if the foreign lawyer fails to comply with subsection (2), (3) or (4).

Maximum penalty: 50 penalty units.

(2) The foreign lawyer must be covered by professional indemnity insurance that—

(a) covers the practice of foreign law in the ACT; and

(b) is for at least the relevant amount inclusive of any legal costs arising from claims under the insurance; and

(c) has been approved under, or complies with, the requirements this Act or a corresponding law for a practising certificate held by an Australian legal practitioner in any jurisdiction.

(3) The foreign lawyer must be covered by professional indemnity insurance from a foreign country that—

(a) covers the practice of foreign law in the ACT; and

(b) complies with the relevant requirements of a law of the foreign country or a registration authority of the foreign country; and

(c) if the insurance is for less than the relevant amount inclusive of any legal costs arising from claims under the insurance—provides a disclosure statement to each client stating the level of cover.

(4) If the foreign lawyer does not comply with subsection (2) or (3), the lawyer must—

(a) if the lawyer is covered by professional indemnity insurance—give a disclosure statement to each client stating that the lawyer has professional indemnity insurance but that it does not comply with this Act; or

(b) if the lawyer is not covered by professional indemnity insurance—give a disclosure statement to each client stating that the lawyer is not covered by professional indemnity insurance.

(5) A regulation may make provision in relation to the way a disclosure statement must be given and the contents of the statement.

(6) In this section:

relevant amount means—

(a) if an amount is prescribed by regulation for section 72 (Professional indemnity insurance—interstate legal practitioners)—that amount; or

(b) if an amount is not prescribed by regulation—$1.5 million.

A regulation may provide that provisions of part 3.4 (Fidelity cover) apply to Australian-registered foreign lawyers (with or without change).

Overseas-registered foreign lawyers may be registered as foreign lawyers under this Act.

(1) Registration as a foreign lawyer granted under this Act is in force from the day stated in the local registration certificate until the end of the financial year in which it is granted, unless the registration is sooner suspended or cancelled.

(2) Registration as a foreign lawyer renewed under this Act is in force until the end of the financial year after its previous period of currency, unless the registration is sooner suspended or cancelled.

(3) If an application for the renewal of registration as a foreign lawyer has not been decided by the following 1 July, the registration—

(a) continues in force on and from that 1 July until the licensing body renews or refuses to renew the registration or the holder withdraws the application for renewal, unless the registration is sooner suspended or cancelled; and

(b) if renewed, is taken to have been renewed on and from that 1 July.

A locally-registered foreign lawyer is not an officer of the Supreme Court.

An overseas-registered foreign lawyer may apply to the licensing body for the grant or renewal of registration as a foreign lawyer under this Act.

Note 1 If a form is approved under s 583 for this provision, the form must be used.

Note 2 A fee may be determined under s 206 for this provision.

(1) An application for the grant or renewal of registration as a foreign lawyer under this Act must be in the form approved by the licensing body under section 583 (an approved form).

(2) To remove any doubt, an approved form may require the applicant to disclose—

(a) matters that may be relevant to or affect the grant or renewal of registration; and

(b) particulars of any offences for which the applicant has been convicted in Australia or a foreign country, whether before or after the commencement of this section.

(3) An approved form may indicate that convictions of a particular kind need not be disclosed for the purposes of the current application.

(4) An approved form may indicate that particular kinds of matters or particulars previously disclosed in a particular way need not be disclosed for the purposes of the current application.

(5) Subsections (2) to (4) have effect despite the Legislation Act, section 255 (6).

(1) An application for grant of registration as a foreign lawyer must state the applicant’s educational and professional qualifications.

(2) An application for grant or renewal of registration as a foreign lawyer must—

(a) state that the applicant is registered to engage in legal practice by 1 or more stated foreign registration authorities in 1 or more stated foreign countries; and

(b) state that the applicant is not an Australian legal practitioner; and

(c) state that the applicant is not the subject of disciplinary proceedings in Australia or a foreign country (including any preliminary investigations or action that might lead to disciplinary proceedings) in the applicant’s capacity as—

(i) an overseas-registered foreign lawyer; or

(ii) an Australian-registered foreign lawyer; or

(iii) an Australian lawyer; and

(d) state that the applicant is not a party in any pending criminal or civil proceeding in Australia or a foreign country that is likely to result in disciplinary action being taken against the applicant; and

(e) state that the applicant’s registration is not cancelled or currently suspended in any place because of any disciplinary action in Australia or a foreign country; and

(f) state that the applicant is—

(i) not otherwise personally prohibited from carrying on the practice of law in any place or bound by any undertaking not to carry out the practice of law in any place; and

(ii) not subject to any special conditions in carrying on any practice of law in any place;

because of any criminal, civil or disciplinary proceeding in Australia or a foreign country; and

(g) state any special conditions imposed in Australia or a foreign country as a restriction on the practice of law by the applicant or any undertaking given by the applicant restricting the applicant’s practice of law; and

(h) give consent to the making of inquiries of, and the exchange of information with, any foreign registration authorities the licensing body considers appropriate about the applicant’s activities in engaging in legal practice in the places concerned or otherwise about matters relevant to the application; and

(i) state whether section 165 (2), (3) or (4) (Professional indemnity insurance—Australian-registered foreign lawyers) applies to the applicant; and

(j) provide the information or be accompanied by the other information or documents (or both) that is stated in the application form or in material accompanying the application form as provided by the licensing body.

(3) The application must (if the licensing body requires) be accompanied by an original instrument, or a copy of an original instrument, from each foreign licensing body stated in the application that—

(a) verifies the applicant’s educational and professional qualifications; and

(b) verifies the applicant’s registration by the foreign licensing body to practise law in the foreign country concerned, and the date of registration; and

(c) describes anything done by the applicant in engaging in legal practice in the foreign country of which the foreign licensing body is aware and that, in the body’s opinion, has had or is likely to have had an adverse effect on the applicant’s professional standing within the legal profession of that place.

(4) The applicant must (if the licensing body requires) certify in the application that the accompanying instrument is the original or a complete and accurate copy of the original.

(5) The licensing body may require the applicant to verify the statements in the application by statutory declaration or by other proof acceptable to the licensing body.

(6) If the accompanying instrument is not in English, it must be accompanied by a translation in English that is authenticated or certified to the satisfaction of the licensing body.

(7) This section does not limit the Legislation Act, section 255 (Forms).

(1) The licensing body must consider an application that has been made for the grant or renewal of registration as a foreign lawyer and may—

(a) grant or refuse to grant the registration; or

(b) renew or refuse to renew the registration.

Note When granting or renewing registration as a foreign lawyer, the licensing body may impose conditions on the registration under s 192 (2).

(2) If the licensing body grants or renews registration, the licensing body must give the applicant a registration certificate or a notice of renewal.

(3) A notice of renewal may be in the form of a new registration certificate or any other form the licensing body considers appropriate.

(4) If the licensing body refuses to grant or renew registration, the licensing body must give the applicant an information notice.

(5) The licensing body is taken to have refused to grant or renew registration if registration has not been granted at the end of 28 days after the day the application for grant or renewal is made.

(1) The licensing body must grant an application for registration as a foreign lawyer if the licensing body—

(a) is satisfied the applicant is registered to engage in legal practice in 1 or more foreign countries and is not an Australian legal practitioner; and

(b) considers an effective system exists for regulating the practice of law in 1 or more of the foreign countries; and

(c) considers the applicant is not, because of any criminal, civil or disciplinary proceeding in any of the foreign countries, subject to—

(i) any special conditions in carrying on the practice of law in any of the foreign countries that would make it inappropriate to register the person; or

(ii) any undertakings about the practice of law in any of the foreign countries that would make it inappropriate to register the person; and

(d) is satisfied the applicant demonstrates an intention—

(i) to practise foreign law in the ACT; and

(ii) to establish an office or a commercial legal presence in the ACT within a reasonable period after grant of registration for practice;

unless the licensing body refuses the application under this part.

(2) The licensing body must grant an application for renewal of a person’s registration, unless the licensing body refuses renewal under this part.

(3) Residence or domicile in the ACT is not to be a prerequisite for or a factor in entitlement to the grant or renewal of registration.

(1) The licensing body may refuse to consider an application for registration as a foreign lawyer if it is not made in accordance with this Act.

Note This Act is defined in the dictionary.

(2) The licensing body may refuse to grant or renew registration as a foreign lawyer if—

(a) the application is not accompanied by, or does not contain, the information required by this part or a regulation; or

(b) the applicant has contravened this Act or a corresponding law; or

(c) the applicant has contravened an order of the disciplinary tribunal or a corresponding disciplinary body, including (for example) an order to pay any fine or costs; or

(d) the applicant has contravened an order of a regulatory authority of any jurisdiction to pay any fine or costs; or

(e) the applicant has failed to comply with a requirement under this Act to pay a contribution to, or levy for, the fidelity fund; or

(f) the applicant has contravened a requirement of or made under this Act about professional indemnity insurance; or

(g) the applicant has failed to pay any expenses of receivership payable under this Act.

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(3) The licensing body may refuse to grant or renew registration if an authority of another jurisdiction has under a corresponding law—

(a) refused to grant or renew registration for the applicant; or

(b) suspended or cancelled the applicant’s registration.

(4) The licensing body may refuse to grant registration if satisfied that the applicant is not a fit and proper person to be registered after considering—

(a) the nature of any offence for which the applicant has been convicted in Australia or a foreign country, whether before or after the commencement of this section; and

(b) how long ago the offence was committed; and

(c) the person’s age when the offence was committed.

(5) The licensing body may refuse to renew registration if satisfied that the applicant is not a fit and proper person to continue to be registered after considering—

(a) the nature of any offence for which the applicant has been convicted in Australia or a foreign country, whether before or after the commencement of this section, other than an offence disclosed in a previous application to the licensing body; and

(b) how long ago the offence was committed; and

(c) the person’s age when the offence was committed.

(6) The licensing body may refuse to grant or renew registration on any ground on which registration could be suspended or cancelled.

(7) If the licensing body refuses to grant or renew registration, the licensing body must, as soon as practicable, give the applicant an information notice.

(8) This section does not affect the operation of division 2.7.7 (Special powers in relation to local registration—show-cause events).

This division does not apply to matters mentioned in division 2.7.7 (Special powers in relation to local registration—show-cause events).

(1) Each of the following is a ground for amending, suspending or cancelling a person’s registration as a foreign lawyer:

(a) the registration was obtained because of incorrect or misleading information;

(b) the person otherwise contravened any of the requirements mentioned in section 172 (Requirements for applications for grant or renewal of registration—foreign lawyers);

(c) the disciplinary tribunal or a corresponding disciplinary body has ordered the amendment, suspension or cancellation of the person’s registration;

(d) a foreign licensing body has suspended or cancelled the person’s registration in a foreign country because of criminal, civil or disciplinary proceedings against the person;

(e) the person’s registration in a foreign country has lapsed;

(f) the person has not established an office to practise foreign law or a commercial legal presence in the ACT within the period prescribed by regulation after being granted registration;

(g) the person, having ceased to have an office or commercial legal presence in the ACT after being granted registration, has not had an office or a commercial legal presence in the ACT for a period prescribed by regulation;

(h) the person has become an insolvent under administration;

(i) another ground the licensing body considers sufficient.

(1) If the licensing body believes a ground exists to amend, suspend or cancel a person’s registration by it as a foreign lawyer (the proposed action), the licensing body must give the person a notice (the show-cause notice) that—

(a) states the action proposed and—

(i) if the proposed action is to amend the registration—states the proposed amendment; and

(ii) if the proposed action is to suspend the registration—states the proposed suspension period; and

(b) states the grounds for proposing to take the proposed action; and

(c) outlines the facts and circumstances that form the basis for the licensing body’s belief; and

(d) invites the person to make written representations to the licensing body, not later than the end of a stated period of not less than 7 days and not more than 28 days after the day the holder is given the notice, about why the proposed action should not be taken.

(2) If, after considering all written representations made not later than the end of the stated period and, in its discretion, written representations made after the end of the stated period, the licensing body still believes a ground exists to take the proposed action, the licensing body may—

(a) if the show-cause notice stated the proposed action was to amend the registration—amend the registration in the way stated or in a less onerous way the licensing body considers appropriate because of the representations; or

(b) if the show-cause notice stated the proposed action was to suspend the registration for a stated period—

(i) suspend the registration for a period no longer than the stated period; or

(ii) amend the registration in a less onerous way the licensing body considers appropriate because of the representations; or

(c) if the show-cause notice stated the proposed action was to cancel the registration—

(i) cancel the registration; or

(ii) suspend the registration for a period.

(3) If the licensing body decides to amend, suspend or cancel the person’s registration, the licensing body must give the person an information notice about the decision.

(4) If the licensing body decides not to amend, suspend or cancel the person’s registration, the licensing body must tell the person in writing about the decision.

(1) This section applies if the licensing body decides to amend, suspend or cancel a person’s registration under section 178.

(2) The amendment, suspension or cancellation of the registration takes effect on the later of the following:

(a) the day written notice of the decision is given to the person;

(b) the day stated in the notice.

(3) However, if the licensing body amends, suspends or cancels the registration because the person has been convicted of an offence—

(a) the Supreme Court may, on the person’s application, order that the operation of the amendment, suspension or cancellation of the registration be stayed until—

(i) the end of the time to appeal against the conviction; and

(ii) if an appeal is made against the conviction—the appeal is finally decided, lapses or otherwise ends; and

(b) the amendment, suspension or cancellation does not have effect during any period in relation to which the stay is in force.

(4) Also, if the registration is amended, suspended or cancelled because the person has been convicted of an offence and the conviction is quashed—

(a) the amendment or suspension ceases to have effect when the conviction is quashed; or

(b) the cancellation ceases to have effect when the conviction is quashed and the registration is restored as if it had only been suspended.

(1) This section applies if—

(a) a locally-registered foreign lawyer asks the licensing body to amend or cancel the registration and the licensing body proposes to give effect to the request; or

(b) the licensing body proposes to amend a locally-registered foreign lawyer’s registration only—

(i) for a formal or clerical reason; or

(ii) in another way that does not adversely affect the lawyer’s interests.

(2) The licensing body may amend or cancel the registration by written notice given to the lawyer.

(3) To remove any doubt, section 178 (Amending, suspending or cancelling registration of foreign lawyer) does not apply to amendment or cancellation of registration as a foreign lawyer under this section.

This division does not prevent the licensing body from making a complaint under chapter 4 (Complaints and discipline) about a matter to which this division relates.

(1) This section applies if—

(a) a person is applying for registration as a foreign lawyer under this Act; and

(b) a show-cause event in relation to the person happened after the person first became an overseas-registered foreign lawyer.

(2) As part of the application, the person must give the licensing body a written statement, in accordance with the regulations—

(a) about the show-cause event; and

(b) explaining why, despite the show-cause event, the applicant considers himself or herself to be a fit and proper person to be a locally-registered foreign lawyer.

(3) However, the person need not give the licensing body a statement under subsection (2) if the person has previously given to the licensing body a statement under this section, or a notice and statement under section 183, explaining why, despite the show-cause event, the person considers himself or herself to be a fit and proper person to be a locally-registered foreign lawyer.

(4) This section applies to a show-cause event whether the event happened before or happens after the commencement of this section.

(1) This section applies to a show-cause event that happens in relation to a locally-registered foreign lawyer.

(2) The locally-registered foreign lawyer must give the licensing body both of the following:

(a) not later than 7 days after the day the event happened, a written notice that the event happened;

(b) not later than 28 days after the day the event happened, a written statement explaining why, despite the show-cause event, the person considers himself or herself to be a fit and proper person to be a locally-registered foreign lawyer.

(3) If a written statement is given to the licensing body after the end of the 28-day period, the licensing body may accept the statement and take it into consideration.

(1) The licensing body may refuse to grant or renew, or may amend, suspend or cancel, local registration if the applicant for registration or the locally-registered foreign lawyer—

(a) is required by section 182 (Applicant for local registration of foreign lawyer—show-cause event) or section 183 (Locally-registered foreign lawyer—show-cause event) to give the licensing body a written statement or notice relating to a matter and has failed to provide a written statement or notice in accordance with the requirement; or

(b) has given a written statement in accordance with section 182 or section 183 but the licensing body does not consider that the applicant or foreign lawyer has shown in the statement that, despite the show-cause event concerned, the applicant or foreign lawyer is a fit and proper person to be a locally-registered foreign lawyer.

(2) For this section only, a written statement accepted by the licensing body under section 182 (3) is taken to have been given in accordance with section 182.

(3) The licensing body must give the applicant or foreign lawyer an information notice about the decision to refuse to grant or renew, or to amend, suspend or cancel, the registration.

(4) However, if the licensing body considers that the applicant or foreign lawyer has shown in the statement mentioned in subsection (1) (b) that, despite the show-cause event concerned, the applicant or foreign lawyer is a fit and proper person to be a locally-registered foreign lawyer, the licensing body must, by written notice, tell the applicant or foreign lawyer about its decision.

(1) This section applies if the licensing body decides under section 184 to refuse to grant or renew, or cancel, local registration.

(2) The licensing body may also decide that the applicant for registration or the locally-registered foreign lawyer is not entitled to apply for registration under this part for a stated period of not longer than 5 years.

(3) If the licensing body makes a decision under subsection (2), the licensing body must include the decision in the information notice required under section 184 (3).

(4) A person in relation to whom a decision has been made under this section, or under a provision of a corresponding law that corresponds to this section, is not entitled to apply for registration under this part during the period stated in the decision.

(1) The licensing body has and may exercise powers under part 4.4 (Investigation of complaints), and chapter 6 (Investigations), in relation to a matter under this division as if the matter were the subject of a complaint under chapter 4.

(2) Accordingly, the provisions of part 4.4, and chapter 6, apply, with necessary changes, in relation to a matter under this division.

(3) This division does not prevent a complaint being made under chapter 6 about a matter to which this division relates.

(1) This section applies, despite division 2.7.6 (Amendment, suspension or cancellation of local registration of foreign lawyer) and division 2.7.7 (Special powers in relation to local registration of foreign layer—show-cause events), if the licensing body considers it necessary in the public interest to immediately suspend a person’s local registration as a foreign lawyer on—

(a) any of the grounds on which the registration could be suspended or cancelled under division 2.7.6; or

(b) the ground of the happening of a show-cause event in relation to the person; or

(c) any other ground the licensing body considers justifies immediate suspension of the registration in the public interest;

whether or not any action has been taken or started under division 2.7.6 or division 2.7.7 in relation to the person.

(2) The licensing body may, by written notice given to the person, immediately suspend the registration until the earlier of the following:

(a) the licensing body gives the person an information notice under section 178 (3) (Amending, suspending or cancelling registration of foreign lawyer);

(b) the licensing body gives the person written notice under section 178  (4);

(c) the licensing body gives the person an information notice under section 184 (3) (Refusal, amendment, suspension or cancellation of local registration as foreign lawyer—failure to show cause etc);

(d) the licensing body gives the person written notice under section 184 (4);

(e) the period of 56 days after the day the notice is given to the person under this section ends.

(3) The notice must—

(a) include an information notice about the suspension; and

(b) state that the person may make written representations to the licensing body about the suspension.

(4) The person may make written representations to the licensing body about the suspension, and the licensing body must consider the representations.

(5) The licensing body may revoke the suspension at any time, whether or not in response to any written representations made to it by the person.

(1) A person registered as a foreign lawyer under this part may surrender the local registration certificate to the licensing body.

(2) The licensing body may cancel the registration.

A person’s registration as a foreign lawyer under this part is taken to be cancelled if the person becomes an Australian legal practitioner.

The suspension or cancellation of a person’s registration as a foreign lawyer under this part does not affect any disciplinary processes in relation to matters arising before the suspension or cancellation.

(1) This section applies if a person’s registration under this part as a foreign lawyer is amended, suspended or cancelled.

(2) The licensing body may give the person a written notice requiring the person to return the person’s local registration certificate to the licensing body in the way (if any) stated in the notice within a stated period of not less than 14 days after the day the person is given the notice.

(3) The person must comply with the notice.

Maximum penalty: 50 penalty units.

(4) An offence against this section is a strict liability offence.

(5) The licensing body must return the person’s local registration certificate to the person—

(a) if the certificate is amended—after amending it; or

(b) if the registration is suspended and is still current at the end of the suspension period—at the end of the suspension period.

(1) Registration as a foreign lawyer under this Act is subject to—

(a) any conditions imposed by the licensing body; and

(b) any statutory conditions imposed by this Act or any other Act; and

(c) any conditions imposed or amended by the disciplinary tribunal under section 194 (Imposition and amendment of conditions on local registration pending criminal proceedings); and

(d) any conditions imposed under chapter 4 (Complaints and discipline) or under provisions of a corresponding law that correspond to chapter 4.

(2) If a condition is imposed, amended or revoked under this Act (other than a statutory condition) during the currency of a person’s registration as a foreign lawyer, the registration certificate must be amended by the licensing body, or a new registration certificate must be issued by the licensing body, to reflect on its face the imposition, amendment or revocation.

(1) The licensing body may impose conditions on registration as a foreign lawyer—

(a) when it is granted or renewed; or

(b) during its currency.

(2) The licensing body may impose conditions on registration as a foreign lawyer—

(a) on the application of the applicant for registration or renewal of registration as a foreign lawyer; or

(b) on its own initiative.

(3) A regulation may make provision in relation to an application for the imposition of a condition of registration.

(4) A condition imposed under this section must be reasonable and relevant.

(5) A condition imposed under this section may be about any of the following:

(a) any matter in relation to which a condition could be imposed on a local practising certificate;

(b) a matter agreed to by the foreign lawyer.

(6) The licensing body must not impose a condition under subsection (5) (a) that is more onerous than a condition that would be imposed on a local practising certificate of a local legal practitioner in the same or similar circumstances.

(7) The licensing body may amend or revoke conditions imposed under this section.

(8) If the licensing body imposes a condition on, or amends or revokes a condition of, registration as a foreign lawyer (the action)—

(a) the licensing body must give the applicant for the registration, or the foreign lawyer, an information notice about the action, unless the action was taken on the application of the applicant or foreign lawyer; and

(b) if the action was taken during the currency of the registration—the action takes effect when the foreign lawyer is given an information notice or other written notice by the licensing body about the action or, if the notice states a later time of effect, at that time.

(9) This section has effect subject to section 178 (Amending, suspending or cancelling registration of foreign lawyer) in relation to the imposition of a condition on a registration as a foreign lawyer during its currency.

(1) If a locally-registered foreign lawyer has been charged with an offence but the charge has not been decided, the licensing body may apply to the disciplinary tribunal for an order under this section.

(2) On an application under subsection (1), the disciplinary tribunal may, if it considers it appropriate having regard to the seriousness of the offence and to the public interest, make either or both of the following orders:

(a) an order amending the conditions of the foreign lawyer’s local registration;

(b) an order imposing further conditions on the foreign lawyer’s local registration.

(3) An order under this section has effect until the sooner of—

(a) the end of the period stated by the disciplinary tribunal; or

(b) if the foreign lawyer is convicted of the offence—28 days after the day of the conviction; or

(c) if the charge is dismissed—the day of the dismissal.

(4) The disciplinary tribunal may, on application by any party, amend or revoke an order under this section at any time.

(1) It is a statutory condition of registration as a foreign lawyer that the lawyer—

(a) must notify the licensing body that the lawyer has been—

(i) convicted of an offence that would have to be disclosed in relation to an application for registration as a foreign lawyer under this Act; or

(ii) charged with a serious offence; and

(b) must do so in writing not later than 7 days after the day the event happens.

Note If a form is approved by the licensing body under s 583 for this provision, the form must be used.

(2) This section does not apply to an offence to which division 2.7.7 (Special powers in relation to local registration of foreign lawyer—show-cause events) applies.

The legal profession rules may—

(a) impose conditions on the registration of foreign lawyers; or

(b) authorise conditions to be imposed on the registration of foreign lawyers.

A locally-registered foreign lawyer must not contravene a condition to which the registration is subject.

Maximum penalty: 50 penalty units.

(1) This part does not authorise an interstate-registered foreign lawyer to practise foreign law in the ACT to a greater extent than a locally-registered foreign lawyer could be authorised under a local registration certificate.

(2) Also, an interstate-registered foreign lawyer’s right to practise foreign law in the ACT—

(a) is subject to—

(i) any conditions imposed by the licensing body under section 199; and

(ii) any conditions imposed under the legal profession rules made under that section; and

(b) is, to the greatest practicable extent and with all necessary changes—

(i) the same as the interstate-registered foreign lawyer’s right to practise foreign law in the lawyer’s home jurisdiction; and

(ii) subject to any condition on the interstate-registered foreign lawyer’s right to practise foreign law in that jurisdiction.

(3) If there is an inconsistency between conditions mentioned in subsection (2) (a) and conditions mentioned in subsection (2) (b), the conditions that are, in the licensing body’s opinion, more onerous prevail to the extent of the inconsistency.

(4) An interstate-registered foreign lawyer must not practise foreign law in the ACT in a way not authorised by this Act or in contravention of any condition mentioned in this section.

(1) The licensing body may, by written notice given to an interstate-registered foreign lawyer practising foreign law in the ACT, impose any condition on the interstate-registered foreign lawyer’s practice that it may impose under this Act in relation to a locally-registered foreign lawyer.

(2) Also, an interstate-registered foreign lawyer’s right to practise foreign law in the ACT is subject to any condition imposed under the legal profession rules.

(3) Conditions imposed under or mentioned in this section must not be more onerous than conditions applying to locally-registered foreign lawyers in the same or similar circumstances.

(4) A notice under this section must include an information notice about the decision to impose a condition.

(1) To help it consider whether or not to grant, renew, amend, suspend or cancel registration under this part, or to impose conditions on a foreign lawyer’s registration under this part, the licensing body may, by written notice to the applicant or foreign lawyer, require the applicant or lawyer—

(a) to give it stated documents or information; or

(b) to cooperate with any inquiries by the licensing body that it considers appropriate.

(2) A person’s failure to comply with a notice under subsection (1) within the reasonable period, and in the reasonable way, (if any) required by the notice is a ground for refusing to grant or renew registration or to amend, suspend, cancel or impose conditions on registration under this part.

(3) The licensing body may refer a matter to the Supreme Court for directions.

(1) The licensing body must keep a register of the names of locally-registered foreign lawyers.

(2) The register must—

(a) state the conditions (if any) imposed on a foreign lawyer’s registration; and

(b) include other particulars prescribed by regulation.

(3) The register may be kept in the way the licensing body decides.

(4) The register must be available for inspection, without charge, at the licensing body’s office during normal business hours.

The licensing body may publish, in circumstances that it considers appropriate, the names of people registered by it as foreign lawyers under this part and any relevant particulars about them.

(1) The licensing body may apply to the Supreme Court for an order that an Australian-registered foreign lawyer not contravene a condition imposed under this part.

(2) The Supreme Court may make any order it considers appropriate on the application.

(1) The licensing body may exempt an Australian-registered foreign lawyer from complying with a stated provision of this Act that would otherwise apply to the foreign lawyer.

Note This Act is defined in the dictionary.

(2) An exemption may be given unconditionally or subject to conditions stated in writing.

(3) The licensing body may amend or revoke any conditions imposed under this section or impose new conditions.

An Australian-registered foreign lawyer is not required to join (but may, if eligible, join) any professional association.

(1) The licensing body may determine fees for this Act in relation to applications for grant or renewal of registration as a foreign lawyer.

(2) The fees determined for the grant or renewal of registration as a foreign lawyer must not be greater than the maximum fees for the grant or renewal of an unrestricted practising certificate.

(3) The licensing body may also require the applicant to pay any reasonable costs and expenses incurred by the body in considering the application, including (for example) costs and expenses of making inquiries and obtaining information or documents about whether the applicant meets the criteria for registration.

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(4) The fees and costs must not include any component for compulsory membership of any professional association.

(5) A determination under this section is a disallowable instrument.

Note 1 A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

Note 2 The Legislation Act contains provisions about the making of determinations and regulations relating to fees (see pt 6.3)

(1) A person may appeal to the Supreme Court against—

(a) a decision of the licensing body to refuse to grant or renew registration of an overseas-registered foreign lawyer as a foreign lawyer under this Act; or

(b) a decision of the licensing body to amend, suspend or cancel a person’s registration as a foreign lawyer under this Act; or

(c) a decision of the licensing body under section 192 (Conditions on local registration generally) to impose a condition on, or amend or revoke a condition on registration as a foreign lawyer under this Act; or

(d) a decision of the licensing body under section 199 (Additional conditions on practice of interstate-registered foreign lawyers) to impose a condition on the interstate-registered foreign lawyer’s practice.

(2) The licensing body may appear as a party to the appeal.

(3) The Supreme Court may make any order it considers appropriate on the appeal.

(4) In an appeal under this section, the parties to the appeal bear their own costs unless the Supreme Court otherwise orders.

(1) For this Act, an entity is a complying community legal centre if—

(a) it is held out, or holds itself out, as being a community legal centre (however described); and

(b) it provides legal services—

(i) that are directed generally to people or entities that lack the financial means to obtain privately funded legal services or whose cases are expected to raise issues of public interest or are of general concern to disadvantaged groups in the community; and

(ii) that are made available to people or entities that have a special need arising from their location or the nature of the legal matter to be addressed or have a significant physical or social disability; and

(iii) that are not intended, or likely, to be provided at a profit to the entity and the income (if any) from which cannot or will not be distributed to any member or employee of the entity otherwise than by way of reasonable remuneration under a contract of service or for services; and

(iv) that are funded or expected to be funded to a significant level by donations or by grants from government, charitable entities or other entities; and

(c) at least 1 of the people employed or otherwise used by the entity and who is generally responsible for provision of the legal services by the entity is an Australian legal practitioner who—

(i) holds an unrestricted practising certificate; or

(ii) is authorised by the licensing body for this section.

(1) A complying community legal centre does not contravene this Act only because—

(a) it employs, or otherwise uses the services of, Australian legal practitioners to provide legal services to members of the public; or

(b) it has a contractual relationship with a member of the public to whom the legal services are provided or receives any fee, gain or reward for providing the legal services; or

(c) it shares with an Australian legal practitioner employed or otherwise used by it to provide the legal services receipts, revenue or other income arising from the business of the centre of a kind usually conducted by an Australian legal practitioner; or

(d) it adopts or uses the word ‘legal’ or a name, title or description to which section 18 (Presumptions about taking or using certain names, titles or descriptions) applies (or a related term) in its name or any registered business name under which it provides legal services to members of the public.

(2) Subsection (1) has effect despite anything to the contrary in this Act.

(3) A regulation may make provision in relation to—

(a) the application (with any prescribed changes) of a provision of this Act to a complying community legal centre; and

(b) the legal services provided by a complying community legal centre.

(4) A regulation may provide that a breach of a regulation in relation to a complying community legal centre can be unsatisfactory professional conduct or professional misconduct by an Australian legal practitioner responsible for the breach.

(5) A provision of the legal profession rules that applies to an Australian legal practitioner also applies to an Australian legal practitioner who is an officer or employee of, or whose services are used by, a complying community legal centre, unless the rules otherwise provide.

(6) In this section:

fee, gain or reward means any form of, and any expectation of, a fee, gain or reward.

(1) In this Act:

controlled money means trust money received by a law practice with a written direction to deposit the money in an account (other than a general trust account) over which the practice has or will have exclusive control.

Note See s 224 (6) (Controlled money), which prevents pooling of controlled money.

transit money means money received by a law practice subject to instructions to pay or deliver it to a third party, other than an associate of the practice.

Note Trust money is defined in the dictionary.

(2) In this part:

approved ADI means an ADI approved under section 250 (Approval of ADIs for pt 3.1) by the licensing body.

controlled money account means an account kept by a law practice with an approved ADI for the holding of controlled money received by the practice.

external examination means an external examination under subdivision 3.1.3.2 of a law practice’s trust records.

external examiner means a person holding an appointment as an external examiner under subdivision 3.1.3.2.

general trust account means an account kept by a law practice with an approved ADI for the holding of trust money received by the practice, other than controlled money or transit money.

investigation means an investigation under subdivision 3.1.3.1 of the affairs of a law practice.

investigator means a person holding an appointment as an investigator under subdivision 3.1.3.1.

law practice—see section 218 (2).

permanent form, in relation to a trust record, means printed (or, on request, capable of being printed) in English on paper or other material.

trust account means an account kept by a law practice with an approved ADI to hold trust money.

trust records includes the following documents:

(a) receipts;

(b) cheque butts or cheque requisitions;

(c) records of authorities to withdraw by electronic funds transfer;

(d) duplicate deposit slips;

(e) trust account ADI statements;

(f) trust account receipts and payments cash books;

(g) trust ledger accounts;

(h) records of monthly trial balances;

(i) records of monthly reconciliations;

(j) trust transfer journals;

(k) statements of account as required to be provided under a regulation;

(l) registers required to be kept under a regulation;

(m) monthly statements required to be kept under a regulation;

(n) files relating to trust transactions or bills of costs, or both;

(o) written directions, authorities or other documents required to be kept under this Act;

(p) supporting information required to be kept under a regulation in relation to powers to deal with trust money.

(3) A reference in this part to a law practice’s trust account or trust records includes a reference to an associate’s trust account or trust records.

The purposes of this part are as follows:

(a) to ensure trust money is held by law practices in a way that protects the interests of people for or on whose behalf money is held, both inside and outside the ACT;

(b) to minimise compliance requirements for law practices that provide legal services within and outside the ACT;

(c) to ensure the licensing body can work effectively with corresponding authorities in other jurisdictions in relation to the regulation of trust money and trust accounts.

(1) Money that is entrusted to or held by a law practice is not trust money for this Act if it is entrusted or held for or in relation to—

(a) a financial service provided by the practice or an associate of the practice in circumstances where the practice or associate is required to hold an Australian financial services licence covering the provision of the service (whether or not the licence is held at any relevant time); or

(b) a financial service provided by the practice or an associate of the practice in circumstances where the practice or associate provides the service as a representative of someone else who carries on a financial services business (whether or not the practice or associate is an authorised representative at any relevant time).

(2) Without limiting subsection (1), money that is entrusted to or held by a law practice is not trust money for this Act if it is entrusted or held in relation to—

(a) a managed investment scheme undertaken by the practice; or

(b) mortgage financing undertaken by the practice.

(3) Without limiting subsections (1) and (2), money that is entrusted to or held by a law practice for investment purposes, whether on its own account or as agent, is not trust money for this Act, unless—

(a) the money or property was entrusted to or held by the practice—

(i) in the ordinary course of legal practice; and

(ii) primarily in relation to the provision of legal services to or at the direction of the client; and

(b) the investment is or is to be made—

(i) in the ordinary course of legal practice; and

(ii) for the ancillary purpose of maintaining or enhancing the value of the money or property pending completion of the matter or further stages of the matter or pending payment or delivery of the money or property to or at the direction of the client.

(4) In this section:

Australian financial services licence—see the Corporations Act, section 761A.

authorised representative—see the Corporations Act, section 761A.

financial service—see the Corporations Act, section 761A.

financial services business—see the Corporations Act, section 761A.

(1) This section applies to money received by a law practice if the licensing body considers that there is doubt or a dispute as to whether the money is trust money.

(2) The licensing body may determine, in writing, that the money is or is not trust money.

Note A provision of a law that gives an entity power to make a statutory instrument also gives the entity the power to amend or repeal the instrument (see Legislation Act, s 46).

(3) While a determination under this section is in force that money is trust money, the money is taken to be trust money for this Act.

(4) While a determination under this section is in force that money is not trust money, the money is taken not to be trust money for this Act.

(5) This section has effect subject to a decision of a court or administrative review body made in relation to the money concerned.