LEGAL PROFESSION ACT 2006 - TABLE OF PROVISIONS CHAPTER 1--INTRODUCTION PART 1.1--PRELIMINARY--CH 1 1. Name of Act 3. Dictionary 4. Notes 5. Offences against Act--application of Criminal Code etc 6. Purposes of Act PART 1.2--IMPORTANT TERMS 7. Terms relating to lawyers 8. Terms relating to legal practitioners 9. Terms relating to associates and principals of law practices 10. What is the home jurisdiction? 11. Suitability matters 12. Information notices 13. References to conviction and quashing of conviction CHAPTER 2--GENERAL REQUIREMENTS FOR ENGAGING IN LEGAL PRACTICE PART 2.1--PRELIMINARY--CH 2 14. Simplified outline--ch 2 PART 2.2--RESERVATION OF LEGAL WORK AND LEGAL TITLES 15. Purposes--pt 2.2 16. Prohibition on engaging in legal practice if not entitled 17. Prohibition on representing or advertising entitlement to engage in legal practice if not 18. Presumptions about taking or using certain names, titles or descriptions 19. Contravention of pt 2.2 by Australian lawyers who are not legal practitioners PART 2.3--ADMISSION OF LOCAL LAWYERS Division 2.3.1--Preliminary--pt 2.3 20. Purposes--pt 2.3 Division 2.3.2--Eligibility and suitability for admission 21. Eligibility for admission 22. Suitability for admission 23. Early consideration of suitability for admission 24. Referral of matters to Supreme Court 25. Appeal to Supreme Court on refusal of declaration Division 2.3.3--Admission to legal profession 26. Admission 27. Roll of people admitted to legal profession 28. Local lawyer is officer of Supreme Court Division 2.3.4--Functions and powers of admissions board 29. Admissions board to advise on application for admission 30. Compliance certificates by admissions board 31. Consideration of applicant's eligibility and suitability for admission Division 2.3.5--Miscellaneous--pt 2.3 32. Admissions board is respondent to applications under pt 2.3 PART 2.4--LEGAL PRACTICE BY AUSTRALIAN LEGAL PRACTITIONERS Division 2.4.1--Preliminary--pt 2.4 33. Purposes and application--pt 2.4 Division 2.4.2--Legal practice in ACT by Australian legal practitioners 34. Entitlement of holder of Australian practising certificate to practise in ACT Division 2.4.3--Local practising certificates generally 35. Local practising certificates 36. Suitability to hold local practising certificate 37. Duration of local practising certificate 38. Conditions on practising certificate--government lawyer and in-house 40. Local legal practitioner is officer of Supreme Court Division 2.4.4--Grant or renewal of local practising certificates 41. Application for grant or renewal of local practising certificate 42. Approved form for grant or renewal application for practising certificates 43. Timing of application for renewal of local practising certificate 44. Grant or renewal of unrestricted or restricted practising certificate 45. Grant or renewal of barrister practising certificate Division 2.4.5--Conditions on local practising certificates 46. Conditions on local practising certificates generally 47. Conditions imposed on local practising certificate by licensing body or relevant council 48. Statutory condition about conditions imposed on interstate admission 49. Barristers--restrictions on engaging in legal practice etc 50. Statutory condition about practice as a solicitor 51. Statutory condition on local practising certificate about notification of offence 52. Conditions imposed by legal profession rules 53. Compliance with conditions of local practising certificate Division 2.4.6--Amendment, suspension or cancellation of local practising certificates 54. Application--div 2.4.6 55. Grounds for amending, suspending or cancelling local practising certificate 56. Amending, suspending or cancelling local practising certificate 57. Operation of amendment, suspension or cancellation of local practising certificate 58. Other ways of amending or cancelling local practising certificate 59. Relationship of div 2.4.6 with ch 4 Division 2.4.7--Special powers in relation to local practising certificates--show-cause events 60. Applicant for local practising certificate--show-cause event 61. Holder of local practising certificate--show-cause event 62. Refusal to grant or renew unrestricted or restricted practising 63. Refusal to grant or renew barrister practising certificate--failure to show cause 64. Amendment, suspension or cancellation of local practising certificate--failure to show 65. Restriction on further applications for local practising certificate after refusal to grant 66. Restriction on further applications for local practising certificate after cancellation 67. Relationship of div 2.4.7 with pt 4.4 and ch 6 Division 2.4.8--Further provisions about local practising certificates 68. Immediate suspension of local practising certificate 69. Imposition of conditions on local practising certificate pending criminal proceedings etc 70. Surrender and cancellation of local practising certificate 71. Return of local practising certificate Division 2.4.9--Interstate legal practitioners 72. Professional indemnity insurance--interstate legal practitioners 73. Extent of entitlement of interstate legal practitioner to practise in ACT 74. Additional conditions on practice of interstate legal practitioners 75. Special provisions about interstate legal practitioner engaging in unsupervised legal 76. Interstate legal practitioner is officer of Supreme Court Division 2.4.10--Miscellaneous--pt 2.4 77. Protocols with regulatory authorities 78. Investigation of practising certificate applicants or holders etc 79. Register of local practising certificates 80. Supreme Court orders about conditions under pt 2.4 81. Appeals against decisions of licensing body or relevant council 82. Government lawyers generally 83. Government lawyers of other jurisdictions 84. Determination of fees by law society council and bar council PART 2.5--INTER-JURISDICTIONAL PROVISIONS ABOUT ADMISSION AND PRACTISING CERTIFICATES Division 2.5.1--Preliminary--pt 2.5 85. Purpose--pt 2.5 86. Powers under ch 4 not affected by pt 2.5 Division 2.5.2--Notices to be given by local authorities to interstate authorities 87. Official notice to other jurisdictions of applications for admission and associated 88. Official notice to other jurisdictions of removals from local roll 89. Licensing body to give notice to other jurisdictions of certain matters 90. Relevant council to give notice to other jurisdictions of certain matters Division 2.5.3--Notices to be given by lawyers to local authorities 91. Lawyer to give notice of removal in another jurisdiction 92. Lawyer to give notice of interstate orders 92A. Lawyer to give notice of foreign regulatory action 93. Provisions applying to notices under div 2.5.3 Division 2.5.4--Taking of action by local authorities in response to notices received 94. Peremptory removal of local lawyer's name from local roll following removal in 95. Peremptory cancellation of local practising certificate following removal of name from 96. Show-cause procedure for removal of lawyer's name from local roll following foreign 97. Show-cause procedure for cancellation of local practising certificate following foreign 97A. Order for non-removal of name or non-cancellation of local practising certificate 98. Local authority may give information to other local authorities PART 2.6--INCORPORATED LEGAL PRACTICES AND MULTIDISCIPLINARY PARTNERSHIPS Division 2.6.1--Preliminary--pt 2.6 99. Definitions--pt 2.6 100. Purposes--pt 2.6 Division 2.6.2--Incorporated legal practices 101. Nature of incorporated legal practice 102. Nonlegal services and businesses of incorporated legal practices 103. Corporations eligible to be incorporated legal practices 104. Notice of intention of corporation to start providing legal services 105. Prohibition on representations that corporation is incorporated legal practice etc 106. Notice of corporation ceasing to engage in legal practice etc 107. Incorporated legal practice must have legal practitioner director etc 108. Obligations of legal practitioner director relating to misconduct--incorporated legal 109. Incorporated legal practice without legal practitioner director 110. Obligations and privileges of practitioners who are officers or employees of incorporated 111. Professional indemnity insurance--incorporated legal practices 112. Conflicts of interest--incorporated legal practices 113. Disclosure obligations--incorporated legal practices 114. Effect of nondisclosure on provision of certain services by incorporated legal practice 115. Application of legal profession rules to incorporated legal practices 116. Advertising requirements--incorporated legal practices 117. Extension of vicarious liability relating to failure to account and dishonesty to 118. Sharing of receipts, revenue or other income--incorporated legal practices 119. Disqualified people--incorporated legal practices 120. Audit of incorporated legal practices 121. Application of ch 6 to div 2.6.2 audits 122. Banning of incorporated legal practices 123. Disqualification from managing incorporated legal practice 124. Disclosure of information to Australian Securities and Investments Commission 125. External administration proceedings under Corporations Act 126. External administration proceedings under other legislation 127. Incorporated legal practice subject to receivership under this Act and external 128. Incorporated legal practice subject to receivership under this Act and external 129. Cooperation between courts--powers under pt 2.6 130. Relationship of Act to constitution of incorporated legal practices 131. Relationship of Act to legislation establishing incorporated legal practices 132. Relationship of Act to Corporations legislation 133. Undue influence--incorporated legal practices Division 2.6.3--Multidisciplinary partnerships 134. Nature of multidisciplinary partnership 135. Conduct of multidisciplinary partnerships 136. Notice of starting practice in multidisciplinary partnership 137. General obligations of legal practitioner partners--multidisciplinary partnerships 138. Obligations of legal practitioner partner relating to misconduct--multidisciplinary 139. Actions of partner of multidisciplinary partnership who is not Australian legal 140. Obligations and privileges of practitioners who are partners or employees of 141. Conflicts of interest--multidisciplinary partnerships 142. Disclosure obligations--multidisciplinary partnerships 143. Effect of nondisclosure on provision of certain services by multidisciplinary 144. Application of legal profession rules to multidisciplinary partnerships 145. Advertising requirements--multidisciplinary partnerships 146. Sharing of receipts, revenue or other income--multidisciplinary partnerships 147. Disqualified people--multidisciplinary partnerships 148. Prohibition on multidisciplinary partnerships with certain partners who are not Australian 149. Undue influence--multidisciplinary partnerships Division 2.6.4--Miscellaneous--pt 2.6 150. Obligations of individual practitioners not affected by pt 2.6 151. Regulations--pt 2.6 PART 2.7--LEGAL PRACTICE--FOREIGN LAWYERS Division 2.7.1--Preliminary--pt 2.7 152. Definitions--pt 2.7 153. Purpose--pt 2.7 154. Pt 2.7 does not apply to Australian legal practitioners or foreign lawyers engaged Division 2.7.2--Practice of foreign law 155. Requirement for registration to practice foreign law 156. Entitlement of Australian-registered foreign lawyer to practise in ACT 157. Scope of practice of Australian-registered foreign lawyer 158. Form of practice of foreign law 159. Application of Australian professional ethical and practice standards to practice of foreign 160. Designation of Australian-registered foreign lawyers 161. Letterhead and other identifying documents of Australian-registered foreign lawyers 162. Advertising by Australian-registered foreign lawyers 163. Foreign lawyer employing Australian legal practitioner 164. Trust money and trust accounts--Australian-registered foreign lawyers 165. Professional indemnity insurance--Australian-registered foreign lawyers 166. Fidelity cover--Australian-registered foreign lawyers Division 2.7.3--Local registration of foreign lawyers generally 167. Local registration of foreign lawyers 168. Duration of registration--foreign lawyers 169. Locally-registered foreign lawyer not officer of Supreme Court Division 2.7.4--Applications for grant or renewal of local registration as foreign lawyer 170. Application for grant or renewal of registration as foreign lawyer 171. Approved form for grant or renewal application--foreign lawyers 172. Requirements for applications for grant or renewal of registration--foreign lawyers Division 2.7.5--Grant or renewal of registration as foreign lawyer 173. Grant or renewal of registration as foreign lawyer 174. Requirement to grant or renew registration as foreign lawyer if criteria satisfied 175. Refusal to grant or renew registration as foreign lawyer Division 2.7.6--Amendment, suspension or cancellation of local registration of foreign lawyer 176. Application--div 2.7.6 177. Grounds for amending, suspending or cancelling registration of foreign lawyer 178. Amending, suspending or cancelling registration of foreign lawyer 179. Operation of amendment, suspension or cancellation of registration of foreign lawyer 180. Other ways of amending or cancelling registration of foreign lawyer 181. Relationship of div 2.7.6 with ch 4 Division 2.7.7--Special powers in relation to local registration of foreign lawyer--show-cause events 182. Applicant for local registration as foreign lawyer--show-cause event 183. Locally-registered foreign lawyer--show-cause event 184. Refusal, amendment, suspension or cancellation of local registration as foreign 185. Restriction on making further applications for registration as foreign lawyer 186. Relationship of div 2.7.7 with pt 4.4 and ch 6 Division 2.7.8--Further provisions about local registration of foreign lawyers 187. Immediate suspension of registration as foreign lawyer 188. Surrender of local registration certificate and cancellation of registration as foreign 189. Automatic cancellation of registration of foreign lawyer on grant of practising 190. Suspension or cancellation of registration of foreign lawyer not to affect disciplinary 191. Return of local registration certificate Division 2.7.9--Conditions on registration of foreign lawyers 192. Conditions on local registration generally 193. Conditions imposed on local registration by licensing body 194. Imposition and amendment of conditions on local registration pending criminal proceedings 195. Statutory condition on local registration about notification of offence 196. Conditions imposed by legal profession rules on local registration 197. Compliance with conditions of local registration Division 2.7.10--Interstate-registered foreign lawyers 198. Extent of entitlement of interstate-registered foreign lawyer to practise in ACT 199. Additional conditions on practice of interstate-registered foreign lawyers Division 2.7.11--Miscellaneous--pt 2.7 200. Investigation of applicants and locally-registered foreign lawyers etc 201. Register of locally-registered foreign lawyers 202. Publication of information about locally-registered foreign lawyers 203. Supreme Court orders about conditions--Australian-registered foreign lawyers 204. Exemption of Australian-registered foreign lawyers by licensing body 205. Membership of professional association by Australian-registered foreign lawyers 206. Determination of fees by licensing body 207. Appeals or reviews PART 2.8--COMMUNITY LEGAL CENTRES 208. What is a complying community legal centre? 209. Provision of legal services etc by complying community centre CHAPTER 3--CONDUCT OF LEGAL PRACTICE PART 3.1--TRUST MONEY AND TRUST ACCOUNTS Division 3.1.1--Preliminary--pt 3.1 210. Definitions--pt 3.1 211. Purposes--pt 3.1 212. Money involved in financial services or investments 213. Determinations about status of money 214. Application of pt 3.1 to law practices and trust money 215. Protocols for deciding where trust money is received 216. When money is received by law practice 217. Discharge by legal practitioner associate of obligations of law practice 218. Liability of principals of law practices under pt 3.1 219. Application of pt 3.1 to former practices, principals and associates 220. Barristers not to receive trust money Division 3.1.2--Trust money and trust accounts 221. Keeping of general trust account 222. Certain trust money to be deposited in general trust account 223. Holding, disbursing and accounting for trust money 223A. Way of withdrawing trust money from general trust account 224. Controlled money 224A. Way of withdrawing controlled money from controlled money 225. Transit money 226. Trust money subject to specific powers 226A. Trust money received in form of cash 227. Protection of trust money 228. Intermixing money 229. Dealing with trust money--legal costs and unclaimed money 230. Deficiency in trust account 231. Reporting certain irregularities etc 232. Keeping trust records 233. False names in trust records etc Division 3.1.3--Investigations and external examinations Subdivision 3.1.3.1--Investigations 234. Appointment of investigators 235. Investigations 236. Application of ch 6 to investigations 237. Investigator's report 238. Confidentiality by investigator etc 239. Costs of investigation Subdivision 3.1.3.2--External examinations 240. Designation of external examiners 241. Trust records to be externally examined 243. Designation and appointment of associates as external examiners 244. Final examination of trust records 245. Examination of affairs in relation to examination of trust records etc 246. Carrying out examinations 247. External examiner's report 248. Confidentiality by external examiner 249. Costs of examination Division 3.1.4--Provisions relating to ADIs and statutory deposits 250. Approval of ADIs for pt 3.1 251. ADI not subject to certain obligations and liabilities 252. Reports, records and information by ADIs 253. Statutory deposits Division 3.1.5--Miscellaneous--pt 3.1 254. Restrictions on receipt of trust money 255. Application of pt 3.1 to incorporated legal practices and multidisciplinary partnerships 256. Application of pt 3.1 to community legal centres 257. Disclosure--money not received as trust money 258. Disclosure of accounts used to hold money entrusted to legal practitioners 259. Unclaimed trust money 260. Regulations and legal profession rules--pt 3.1 PART 3.2--COSTS DISCLOSURE AND ASSESSMENT Division 3.2.1--Preliminary--pt 3.2 261. Definitions--pt 3.2 261A. Terms relating to third party payers 262. Purposes--pt 3.2 Division 3.2.2--Application--pt 3.2 263. Application of pt 3.2--first instructions rule 264. Pt 3.2 also applies by agreement or at client's election 265. Displacement of pt 3.2 266. How and where does a client first instruct a law practice? 267. When does a matter have a substantial connection with the ACT? 268. What happens when different laws apply to a matter? Division 3.2.3--Costs disclosure 269. Disclosure of costs to clients 270. Disclosure if another law practice is to be retained 271. How and when must disclosure be made to a client? 272. Exceptions to requirement for disclosure 273. Additional disclosure--settlement of litigious matters 274. Additional disclosure--uplift fees 275. Form of disclosure 276. Ongoing obligation to disclose etc 277. Effect of failure to disclose 278. Progress reports Division 3.2.4--Legal costs generally 279. On what basis are legal costs recoverable? 280. Security for legal costs 281. Interest on unpaid legal costs 281A. Disclosure to associated third party payers Division 3.2.5--Costs agreements 282. Making costs agreements 283. Conditional costs agreements 284. Conditional costs agreements involving uplift fees 285. Contingency fees prohibited 286. Effect of costs agreement 287. Certain costs agreements void 288. Setting aside costs agreements or provisions of costs agreements Division 3.2.6--Billing 289. Legal costs cannot be recovered unless bill has been given 290. U Bills [See Endnotes] 291. Notification of client's rights 292. Request for itemised bill 293. Interim bills Division 3.2.7--Costs assessment 294. Definition--div 3.2.7 294A. Application by client or third party payer for costs assessment 295. Application for costs assessment by law practice retaining another law 296. Application for costs assessment by law practice giving bill 297. Form of application for costs assessment 298. Consequences of application for costs assessment 299. Procedure on costs assessment 300. Criteria for costs assessment 300A. Assessment of costs by reference to costs agreement 300B. Assessment of costs by reference to scale of costs etc 300C. Recovery of assessed costs 301. Law practice may be bound by lump sum bill 302. Costs of costs assessment 303. Referring matters to ACAT 304. Legal costs subject to consumer dispute not assessable 304A. Contracting out of div 3.2.7 by sophisticated clients Division 3.2.8--Miscellaneous--pt 3.2 305. Application of pt 3.2 to incorporated legal practices and multidisciplinary partnerships 306. Imputed acts, omission or knowledge for pt 3.2 307. Liability of principals of law practice under pt 3.2 PART 3.3--PROFESSIONAL INDEMNITY INSURANCE 308. Definitions--pt 3.3 309. Purpose--pt 3.3 310. Exemptions from pt 3.3 311. Professional indemnity insurance for insurable legal practitioners 312. Approval of indemnity insurance policy 312A. Continuing indemnity insurance 313. Agreements for insurance for solicitors 314. Giving information to council for insurance 315. Approval of indemnity fund PART 3.4--FIDELITY COVER Division 3.4.1--Preliminary--pt 3.4 316. Definitions--pt 3.4 317. Time of default--pt 3.4 318. Purpose--pt 3.4 319. Application--pt 3.4 Division 3.4.2--Fidelity fund 320. Establishment etc of fidelity fund 321. Investment of fidelity fund 322. Audit of fidelity fund 323. Contributions to fidelity fund 324. Levy to supplement fidelity fund 325. Insurance of fidelity fund 326. Borrowing for fidelity fund Division 3.4.3--Defaults to which pt 3.4 applies 327. Meaning of relevant jurisdiction--pt 3.4 328. Defaults to which pt 3.4 applies 329. Defaults relating to financial services or investments Division 3.4.4--Claims about defaults 330. Claims about defaults 331. Approved form for claims 332. Time limit for making claims against fidelity fund 333. Advertisements about defaults by law practices 334. Time limit for making claims against fidelity fund following advertisement 335. Claims not affected by certain matters 336. Investigation of claims 337. Advance payments for claims Division 3.4.5--Deciding claims 338. Deciding claims generally 339. Maximum amount allowable for claim 340. Costs in relation to claims 341. Interest in relation to claims 342. Reduction of claim because of other benefits 343. Subrogation on payment of claim 344. Repayment of certain amounts paid from fidelity fund 345. Notification of delay in making decision on claim 346. Evidence in court proceedings under s 343 and certain proceedings for review Division 3.4.6--Payments from fidelity fund for defaults 347. Payments for defaults 348. Caps on payments from fidelity fund 349. Sufficiency of fidelity fund Division 3.4.7--Claims by law practices or associates 350. Claims by law practices or associates about defaults 351. Claims by law practices or associates about notional defaults Division 3.4.8--Defaults involving interstate elements 352. Concerted interstate defaults 353. Defaults involving interstate elements if committed by 1 associate only Division 3.4.9--Inter-jurisdictional provisions--pt 3.4 354. Protocols--pt 3.4 355. Forwarding of claims 356. Investigation of defaults to which pt 3.4 applies 357. Investigation of defaults to which corresponding law applies 358. Investigation of concerted interstate defaults and other defaults involving interstate 359. Recommendations by law society council to corresponding authorities 360. Recommendations to law society council by corresponding authorities etc 361. Request to another jurisdiction to investigate aspects of claim 362. Request from another jurisdiction to investigate aspects of claim 363. Cooperation with other authorities for pt 3.4 Division 3.4.10--Miscellaneous--pt 3.4 364. Interstate legal practitioner becoming authorised to withdraw from local trust account 365. Application of pt 3.4 to incorporated legal practices 366. Application of pt 3.4 to multidisciplinary partnerships 367. Application of pt 3.4 to sole practitioners whose practising certificates 368. Availability of law society property for claims PART 3.5--MORTGAGE PRACTICES AND MANAGED INVESTMENT SCHEMES Division 3.5.1--Preliminary--pt 3.5 369. Definitions--pt 3.5 Division 3.5.2--Mortgage practices 370. Conduct of mortgage practices 371. Nomination of practice as territory regulated mortgage practice 372. Law society council to be notified of territory regulated mortgages 373. Solicitor to have fidelity cover for regulated mortgages 374. Bar on claims against fidelity fund relating to regulated mortgages 375. Notification of insurance arrangements for regulated mortgages 376. Failure to obtain fidelity insurance for regulated mortgage Division 3.5.3--Managed investment schemes 377. Involvement of solicitors in managed investment schemes 378. Claims against fidelity fund relating to managed investment schemes connected with 379. Transfer of mortgages to responsible entity Division 3.5.4--Miscellaneous--pt 3.5 380. Law society council may require information about mortgage practices 381. Effect of pt 3.5 on indemnity insurance 382. Regulations and rules--pt 3.5 CHAPTER 4--COMPLAINTS AND DISCIPLINE PART 4.1--PRELIMINARY AND APPLICATION--CH 4 Division 4.1.1--Preliminary--pt 4.1 383. Definitions--ch 4 384. Purposes--ch 4 385. Application of ch 4 to lawyers, former lawyers and former practitioners etc Division 4.1.2--Key concepts--ch 4 386. What is unsatisfactory professional conduct? 387. What is professional misconduct? 388. What is unsatisfactory employment conduct? 389. Conduct capable of being unsatisfactory professional conduct or professional misconduct Division 4.1.3--Application of ch 4 390. Practitioners to whom ch 4 applies 391. Conduct to which ch 4 applies--generally 392. Conduct to which ch 4 applies--insolvency, serious offences and tax offences PART 4.2--COMPLAINTS ABOUT AUSTRALIAN LEGAL PRACTITIONERS AND SOLICITOR EMPLOYEES 393. Complaints generally 394. Making of complaints 395. Complaints made more than 3 years after conduct 396. Further information and verification--complaints 397. Person to be told about complaint 398. Submissions by person about whom complaint made 399. Summary dismissal of complaints 400. Withdrawal of complaints PART 4.3--MEDIATION 401. Mediation of complaints 402. Facilitation of mediation 403. Nature of mediation 404. Admissibility of evidence and documents--mediation 405. Protection of mediator from liability PART 4.4--INVESTIGATION OF COMPLAINTS 406. Complaints to be investigated 407. Appointment of investigator for complaint 408. Application of ch 6 to complaint investigations 409. Referral of matters for costs assessment--complaint PART 4.5--DECISION OF COUNCIL 410. Decision of council after investigation 411. Decision of council without investigation 412. Dismissal of complaint 413. Summary conclusion of complaint procedure by fine etc 414. Record of decision of council about complaint 415. Council to give reasons to complainant and practitioner 416. Appeals to ACAT against decisions of relevant council PART 4.6--GENERAL PROCEDURAL MATTERS ABOUT COMPLAINTS 417. Rules of procedural fairness and efficient dealing with 418. Complainant and person complained about to be told about action taken PART 4.7--DISCIPLINARY ACTION 419. Application to ACAT 420. Application of rules of evidence to ACAT--disciplinary action 421. Amendment of complaint application 422. Nature of allegations in complaint applications 423. Parties to application 424. ACAT power to disregard procedural lapses 425. ACAT orders--Australian legal practitioners 426. Dismiss complaint--Australian legal practitioners 427. Fines--Australian legal practitioners 428. Interim orders--Australian legal practitioners 429. ACAT orders--employees of solicitors 430. Dismiss complaint--employees of solicitors 431. Compliance with ACAT orders 432. Notice to complainant of application and decision 433. Costs orders by ACAT 434. Application of ACT Civil and Administrative Tribunal Act 435. Pt 4.7 does not affect other remedies of complainant PART 4.8--COMPENSATION 441. Meaning of compensation order for pt 4.8 442. Compensation orders 443. When compensation order can be made 444. Making of compensation orders 445. Enforcement of compensation orders 446. Other remedies not affected by compensation order PART 4.9--PUBLICISING DISCIPLINARY ACTION 447. Definitions--pt 4.9 448. Register of disciplinary action 449. Other ways of publicising disciplinary action 450. Quashing of disciplinary action 451. Protection against liability for publicising disciplinary action 452. Disciplinary action taken because of infirmity, injury or illness 453. Pt 4.9 subject to certain confidentiality provisions 454. Pt 4.9 subject to court and tribunal orders PART 4.10--INTER-JURISDICTIONAL PROVISIONS--CH 4 455. Protocols for ch 4 456. Request to another jurisdiction to investigate complaint 457. Request from another jurisdiction to investigate complaint 458. Sharing of information with corresponding authorities 459. Cooperation with corresponding authorities 460. Compliance with disciplinary recommendations or orders made under corresponding laws 461. Pt 4.10 does not affect other functions PART 4.11--MISCELLANEOUS--CH 4 462. Jurisdiction of Supreme Court not affected 463. Information about complaints procedure 464. Failure to comply with disciplinary orders 465. Procedures for handling of complaints 466. Reports to Minister about handling of complaints 467. Duty of council to report suspected offences 468. Protection for things done in administration of ch 4 469. Non-compellability of certain witnesses 470. Confidentiality of client communications for ch 4 471. Selfincrimination and other privileges overridden for ch 4 proceedings 472. Waiver of privilege or duty of confidentiality CHAPTER 5--EXTERNAL INTERVENTION PART 5.1--PRELIMINARY--CH 5 473. Definitions--ch 5 474. Purpose--ch 5 475. Application of ch 5--incorporated law practices etc 476. Application of ch 5 to barristers 477. Application of ch 5 to Australian-registered foreign lawyers and former 478. Application of ch 5 to other people PART 5.2--INITIATION OF EXTERNAL INTERVENTION 479. Circumstances justifying external intervention 480. Decision about external intervention PART 5.3--SUPERVISORS OF TRUST MONEY 481. Appointment of supervisor 482. Notice of appointment of supervisor 483. Effect of service of notice of appointment of supervisor 484. Role of supervisor of trust money 485. Records of and dealing with trust money of law practice under supervision 486. Ending of supervisor's appointment PART 5.4--MANAGERS 487. Appointment of manager 488. Notice of appointment 489. Effect of service of notice of appointment of manager 490. Role of manager 491. Records and accounts of law practice under management and dealings with trust money 492. Deceased estates--law practice under management 493. Ending of manager's appointment PART 5.5--RECEIVERS 494. Appointment of receiver 495. Notice of appointment of receiver 496. Effect of service of notice of appointment of receiver 497. Role of receiver 498. Records and accounts of law practice under receivership and dealings with trust money 499. Power of receiver to take possession of regulated property 500. Power of receiver to take delivery of regulated property 501. Power of receiver to deal with regulated property 502. Power of receiver to require documents or information 503. Examinations for receivership 504. Lien for costs on regulated property 505. Regulated property not to be attached 506. Recovery of regulated property--breach of trust etc 507. Improperly destroying property 508. Deceased estates--law practice under receivership 509. Ending of receiver's appointment PART 5.6--GENERAL--CH 5 510. Conditions on appointment of supervisor or manager 511. Conditions on appointment of receiver 512. Status of acts of external intervener 513. Eligibility for reappointment or authorisation 514. Appeal against appointment of supervisor or manager 515. Directions of Supreme Court about external intervention 515A. Manager and receiver appointed for law practice 516. ADI disclosure requirements 517. Fees, legal costs and expenses of external intervener 518. Reports by external intervener 519. Confidentiality by external interveners 519A. Provisions relating to requirements under this part 519B. Obstruction of external intervener 520. Protection from liability--ch 5 CHAPTER 6--INVESTIGATIONS PART 6.1--PRELIMINARY--CH 6 521. Definitions--ch 6 522. Main purpose--ch 6 523. Privileges against selfincrimination and exposure to civil penalty PART 6.2--REQUIREMENTS RELATING TO DOCUMENTS, INFORMATION AND OTHER ASSISTANCE 524. Application--pt 6.2 525. Requirements that may be imposed for investigations, examinations and audits under pt 3.1 and 526. Requirements that may be imposed for investigations under ch 4 527. Provisions relating to requirements under pt 6.2 PART 6.3--ENTRY AND SEARCH OF PREMISES Division 6.3.1--Preliminary--pt 6.3 528. Application--pt 6.3 529. Definitions--pt 6.3 Division 6.3.2--Powers of investigators 530. Power to enter premises 531. Consent to entry 532. General powers on entry to premises 533. U Power to require name and address [See Endnotes] 534. Power to seize things Division 6.3.3--Search warrants 535. Warrants generally 536. Warrants--application made other than in person 537. Search warrants--announcement before entry 538. Details of search warrant to be given to occupier etc 539. Occupier entitled to be present during search etc 540. Use of electronic equipment at premises 541. Person with knowledge of computer or computer system to assist access 542. Securing electronic equipment 543. Copies of seized things to be provided Division 6.3.4--Return and forfeiture of things seized 544. Receipt for things seized 545. Moving things to another place for examination or processing under search 546. Access to things seized 547. Return of things seized Division 6.3.5--Miscellaneous--pt 6.3 548. Damage etc to be minimised 549. Compensation for exercise of enforcement powers PART 6.4--ADDITIONAL POWERS IN RELATION TO INCORPORATED LEGAL PRACTICES 550. Application--pt 6.4 551. Investigative powers relating to investigations and audits 552. Examination of people under pt 6.4 553. Inspection of books under pt 6.4 554. Power to hold hearings under pt 6.4 555. Failure to comply with investigation under pt 6.4 PART 6.5--MISCELLANEOUS--CH 6 555A. Obstruction of investigator 556. Additional obligations of Australian lawyers 557. Permitted disclosure of confidential information--ch 6 CHAPTER 7--ADMISSIONS BOARD 558. Admissions board 559. Ending appointments of members 560. Chair of admissions board 561. Meetings of admissions board 562. Protection of members from liability CHAPTER 8--PROFESSIONAL BODIES PART 8.1--BAR COUNCIL 575. Functions of bar council PART 8.2--LAW SOCIETY AND LAW SOCIETY COUNCIL 576. Establishment of law society 577. Functions of law society council PART 8.3--LEGAL PROFESSION RULES Division 8.3.1--Preliminary 578. Purpose--pt 8.3 Division 8.3.2--Rules for Australian legal practitioners and Australian-registered foreign lawyers 579. Rules for barristers 580. Rules for solicitors 581. Joint rules for Australian legal practitioners 582. Subject matter of legal profession rules 583. Public notice of proposed legal profession rules Division 8.3.3--Rules for incorporated legal practices and multidisciplinary partnerships 584. Rules for incorporated legal practices and multidisciplinary partnerships Division 8.3.4--General 585. Binding nature of legal profession rules 586. Legal profession rules inconsistent with Act or regulation CHAPTER 9--GENERAL PROVISIONS 587. Approved forms--licensing body and councils 587A. Protection from liability 588. Liability of principals of law practice 589. Associates who are disqualified or convicted people 590. Injunctions to restrain offences against Act 591. Enforcement of injunctions 592. Amendment or discharge of injunctions 593. Interim injunctions--undertakings about damages 594. Magistrates Court's other powers not limited 595. Disclosure of information by local regulatory authorities 596. Confidentiality of personal information 597. Professional privilege or duty of confidence does not affect validity of certain requirements 598. Meaning of reviewable decision--ch 9 599. Reviewable decision notices 600. Applications for review 601. Minister may determine fees 602. Regulation-making power 603. Review of Act DICTIONARY ENDNOTES LEGAL PROFESSION ACT 2006 - LONG TITLE An Act about the legal profession and legal services LEGAL PROFESSION ACT 2006 - SECT 1 Name of Act This Act is the Legal Profession Act 2006. LEGAL PROFESSION ACT 2006 - SECT 3 Dictionary 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)). LEGAL PROFESSION ACT 2006 - SECT 4 Notes 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. LEGAL PROFESSION ACT 2006 - SECT 5 Offences against Act--application of Criminal Code etc 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). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units. LEGAL PROFESSION ACT 2006 - SECT 6 Purposes of Act 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. LEGAL PROFESSION ACT 2006 - SECT 7 Terms relating to lawyers 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). LEGAL PROFESSION ACT 2006 - SECT 8 Terms relating to legal practitioners 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. LEGAL PROFESSION ACT 2006 - SECT 9 Terms relating to associates and principals of law practices 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, or consultant to, 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 multi-disciplinary partnership; 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. LEGAL PROFESSION ACT 2006 - SECT 10 What is the home jurisdiction? (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. LEGAL PROFESSION ACT 2006 - SECT 11 Suitability matters (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; Note 1 The admission rules may make provision for the convictions that must be disclosed by an applicant and those that need not be disclosed. Note 2 Section 13 (References to conviction and quashing of conviction) provides that reference to a conviction includes a finding of guilt, or the acceptance of a guilty plea, whether or not a conviction is recorded. (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. LEGAL PROFESSION ACT 2006 - SECT 12 Information notices 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. LEGAL PROFESSION ACT 2006 - SECT 13 References to conviction and quashing of conviction (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. LEGAL PROFESSION ACT 2006 - SECT 14 Simplified outline--ch 2 (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. LEGAL PROFESSION ACT 2006 - SECT 15 Purposes--pt 2.2 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. LEGAL PROFESSION ACT 2006 - SECT 16 Prohibition on engaging in legal practice if not entitled (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. Examples of engaging in legal practice 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; Note For the meaning of complying community legal centre, see s 208. (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. LEGAL PROFESSION ACT 2006 - SECT 17 Prohibition on representing or advertising entitlement to engage in legal practice if not entitled (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. LEGAL PROFESSION ACT 2006 - SECT 18 Presumptions about taking or using certain names, titles or descriptions (1) This section applies to the following names, titles and descriptions: o lawyer o legal practitioner o barrister or counsel o solicitor or attorney o 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. LEGAL PROFESSION ACT 2006 - SECT 19 Contravention of pt 2.2 by Australian lawyers who are not legal practitioners (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. LEGAL PROFESSION ACT 2006 - SECT 20 Purposes--pt 2.3 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. LEGAL PROFESSION ACT 2006 - SECT 21 Eligibility for admission (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 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 (3) 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. LEGAL PROFESSION ACT 2006 - SECT 22 Suitability for admission (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. LEGAL PROFESSION ACT 2006 - SECT 23 Early consideration of suitability for admission (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. LEGAL PROFESSION ACT 2006 - SECT 24 Referral of matters to Supreme Court (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. LEGAL PROFESSION ACT 2006 - SECT 25 Appeal to Supreme Court on refusal of 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. Note See the Court Procedures Rules 2006, r 5052 (Appeals to Supreme Court--general powers) and r 5103 (Appeals to Supreme Court--time for filing notice of appeal). LEGAL PROFESSION ACT 2006 - SECT 26 Admission (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. LEGAL PROFESSION ACT 2006 - SECT 27 Roll of people admitted to legal profession (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 relevant council the name and date of admission of each person admitted under this Act as soon as practicable after the person has signed the local roll. LEGAL PROFESSION ACT 2006 - SECT 28 Local lawyer is officer of Supreme Court (1) A person becomes an officer of the Supreme Court on being admitted as a lawyer under this Act. (2) A person ceases to be an officer of the Supreme Court under subsection (1) if the person's name is removed from the local roll. LEGAL PROFESSION ACT 2006 - SECT 29 Admissions board to advise on application for admission (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. LEGAL PROFESSION ACT 2006 - SECT 30 Compliance certificates by admissions board (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. LEGAL PROFESSION ACT 2006 - SECT 31 Consideration of applicant's eligibility and suitability for admission (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. LEGAL PROFESSION ACT 2006 - SECT 32 Admissions board is respondent to applications under pt 2.3 The admissions board is taken to be a respondent to every application under this part not made by it. LEGAL PROFESSION ACT 2006 - SECT 33 Purposes and application--pt 2.4 (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. LEGAL PROFESSION ACT 2006 - SECT 34 Entitlement of holder of Australian practising certificate to practise in ACT An Australian legal practitioner is, subject to this Act, entitled to engage in legal practice in the ACT. LEGAL PROFESSION ACT 2006 - SECT 35 Local practising certificates (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. LEGAL PROFESSION ACT 2006 - SECT 36 Suitability to hold local practising certificate (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 ACAT; 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 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) decided by a Supreme Court, the admissions board or a corresponding authority 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. LEGAL PROFESSION ACT 2006 - SECT 37 Duration of local practising 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. LEGAL PROFESSION ACT 2006 - SECT 38 Conditions on practising certificate--government lawyer and in-house lawyer (1) This section applies to the following people who apply for the grant or renewal of a local practising certificate: (a) an Australian lawyer who is a government lawyer 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 lawyer 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. (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 lawyer 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. (3) A person must comply with a condition imposed under subsection (2) on the person's practising certificate. (4) A failure by an Australian lawyer to comply with subsection (3) can be unsatisfactory professional conduct or professional misconduct. LEGAL PROFESSION ACT 2006 - SECT 40 Local legal practitioner is officer of Supreme Court 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. LEGAL PROFESSION ACT 2006 - SECT 41 Application for grant or renewal of 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 solely or principally in the ACT during the currency of the certificate or renewal applied for; or (ii) if subparagraph (i) does not apply to the lawyer or it is not reasonably practicable to establish whether subparagraph (i) applies--the lawyer's place of residence in Australia is 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 solely or 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 solely or principally in the ACT during the currency of the certificate applied for; or (iv) if it is not reasonably practicable to establish whether subparagraph (i), (ii) or (iii) applies--the lawyer's place of residence in Australia is 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 solely or 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 solely or principally in the ACT during a financial year and reasonably expects to engage in legal practice solely or principally in the ACT 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) Subsection (6) does not apply to an interstate legal practitioner who applied for the grant or renewal of an interstate practising certificate on the basis that the practitioner reasonably expected to engage in legal practice solely or principally in the ACT under an arrangement that is of a temporary nature. (8) The exemption provided by subsection (7) ceases to operate at the end of the period prescribed by regulation. (9) A reference in this section to engaging in legal practice principally in a jurisdiction applies only to legal practice in Australia and despite anything in this section an Australian lawyer who is engaged or expects to be engaged in legal practice principally in a foreign country is eligible to apply for the grant or renewal of a local practising certificate if the lawyer otherwise meets the requirements of this section. Example A person practises both in Australia and overseas and the overseas practice is the principal part of the person's overall practice. The question whether the person is engaged in legal practice principally in the ACT is determined by reference to the person's practice in Australia. 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). (10) A regulation under subsection (2) (c) may-- (a) limit the kind of practising certificate for which a lawyer prescribed for that paragraph may apply for grant or renewal; or (b) provide that a council has a discretion as to whether or not to grant or renew a local practising certificate to a person in his or her capacity as a lawyer prescribed for that paragraph. LEGAL PROFESSION ACT 2006 - SECT 42 Approved form for grant or renewal application for practising certificates (1) An application for grant or renewal of a practising certificate must be in a form (an approved form) approved under section 587 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). LEGAL PROFESSION ACT 2006 - SECT 43 Timing of application for renewal of local practising certificate (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. LEGAL PROFESSION ACT 2006 - SECT 44 Grant or renewal of unrestricted or restricted practising certificate (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 1 The licensing body must not grant or renew a practising certificate for an insurable legal practitioner unless satisfied that the practitioner will be covered by an approved indemnity insurance policy (see s 311). Note 2 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. LEGAL PROFESSION ACT 2006 - SECT 45 Grant or renewal of barrister practising certificate (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 1 The licensing body must not grant or renew a practising certificate for an insurable legal practitioner unless satisfied that the practitioner will be covered by an approved indemnity insurance policy (see s 311). Note 2 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 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. LEGAL PROFESSION ACT 2006 - SECT 46 Conditions on local practising certificates generally (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 Note This Act is defined in the dictionary. (c) any conditions imposed or amended by a relevant council 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. LEGAL PROFESSION ACT 2006 - SECT 47 Conditions imposed on local practising certificate by licensing body or relevant council (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) particular legal education or training; 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 particular legal education or training unless-- (a) the council is satisfied, having regard to-- (i) the nature or currency of the holder's academic studies, legal training or legal experience; or (ii) the holder's conduct; that it is reasonable to require the particular legal education or training to be undertaken; 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. Note 1 A class of holders might comprise newly qualified lawyers, or lawyers returning to legal practice after suspension or an extended break. 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). (11) The relevant council may amend or revoke a condition 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. LEGAL PROFESSION ACT 2006 - SECT 48 Statutory condition about conditions imposed on interstate admission 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. LEGAL PROFESSION ACT 2006 - SECT 49 Barristers--restrictions on engaging in legal practice etc (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. LEGAL PROFESSION ACT 2006 - SECT 50 Statutory condition about practice as a solicitor (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. LEGAL PROFESSION ACT 2006 - SECT 51 Statutory condition on local practising certificate about notification of offence (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 587 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. LEGAL PROFESSION ACT 2006 - SECT 52 Conditions imposed by legal profession rules The legal profession rules may-- (a) impose conditions on local practising certificates; or (b) authorise conditions to be imposed on local practising certificates. LEGAL PROFESSION ACT 2006 - SECT 53 Compliance with conditions of local practising certificate The holder of a local practising certificate must not contravene (in the ACT or elsewhere) a condition to which the certificate is subject. LEGAL PROFESSION ACT 2006 - SECT 54 Application--div 2.4.6 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). LEGAL PROFESSION ACT 2006 - SECT 55 Grounds for amending, suspending or cancelling local practising certificate (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. LEGAL PROFESSION ACT 2006 - SECT 56 Amending, suspending or cancelling 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 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 notice under subsection (1) 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 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 notice stated the proposed action was to cancel the practising certificate-- (i) cancel the certificate; or (ii) suspend the certificate for a stated period; or (iii) amend the certificate in a less onerous way the council considers appropriate because of the representations. (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. (5) In this section: "amend", a certificate, means amend the certificate under section 47 (Conditions imposed on local practising certificate by licensing body or relevant council) during its currency, otherwise than at the request of the holder of the certificate. LEGAL PROFESSION ACT 2006 - SECT 57 Operation of amendment, suspension or cancellation of local practising certificate (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. LEGAL PROFESSION ACT 2006 - SECT 58 Other ways of amending or cancelling local practising certificate (1) The relevant council may amend or cancel a local practising certificate if the holder asks the council to do so. (2) The relevant council may also amend a local practising certificate-- (a) for a formal or clerical reason; or (b) in another way that does not adversely affect the holder's interests. (3) The relevant council must cancel a local practising certificate if the holder's name has been removed from the local roll or the holder stops being an Australian lawyer. (4) The amendment or cancellation of a local practising certificate under this section must be by written notice given to the holder. (5) 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. LEGAL PROFESSION ACT 2006 - SECT 59 Relationship of div 2.4.6 with ch 4 This division does not prevent a complaint from being made under chapter 4 (Complaints and discipline) about a matter to which this division relates. LEGAL PROFESSION ACT 2006 - SECT 60 Applicant for local practising certificate--show-cause event (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 provided to the relevant council-- (a) a statement under this section; or (b) 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) This section applies to a show-cause event whether the event happened before or after the commencement of this section. LEGAL PROFESSION ACT 2006 - SECT 61 Holder of local practising certificate--show-cause event (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; Note If a form is approved by the relevant council under s 587 for this provision, the form must be used. (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. LEGAL PROFESSION ACT 2006 - SECT 62 Refusal to grant or renew unrestricted or restricted practising certificate--failure to show cause etc (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. LEGAL PROFESSION ACT 2006 - SECT 63 Refusal to grant or renew barrister practising certificate--failure to show cause etc (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. LEGAL PROFESSION ACT 2006 - SECT 64 Amendment, suspension or cancellation of local practising certificate--failure to show cause etc (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. LEGAL PROFESSION ACT 2006 - SECT 65 Restriction on further applications for local practising certificate after refusal to grant or renew (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. LEGAL PROFESSION ACT 2006 - SECT 66 Restriction on further applications for local practising certificate after cancellation (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. LEGAL PROFESSION ACT 2006 - SECT 67 Relationship of div 2.4.7 with pt 4.4 and ch 6 (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 a complaint from being made under chapter 4 about a matter to which this division relates. LEGAL PROFESSION ACT 2006 - SECT 68 Immediate suspension of local practising certificate (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. LEGAL PROFESSION ACT 2006 - SECT 69 Imposition of conditions on local practising certificate pending criminal proceedings etc (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. LEGAL PROFESSION ACT 2006 - SECT 70 Surrender and cancellation of local practising certificate (1) The holder of a local practising certificate may surrender the certificate to the relevant council. (2) The relevant council may cancel the certificate. LEGAL PROFESSION ACT 2006 - SECT 71 Return of local practising 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 ACAT under section 425 (ACAT orders--Australian legal practitioners); 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. LEGAL PROFESSION ACT 2006 - SECT 72 Professional indemnity insurance--interstate legal practitioners (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 (including defence costs) unless, without affecting subparagraph (i) or (iii), the practitioner engages in legal practice only as or in the manner of a barrister; 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 lawyer; and (b) is engaged in legal practice in the ACT only to the extent that the practitioner is exercising official functions as a government lawyer; and (c) has indemnity or immunity that is provided by law and applies to the legal practice. (4) In this section: "defence costs", in relation to professional indemnity insurance covering an interstate legal practitioner, means costs (other than the claimant's costs) payable by an insurer in relation to a claim, or notification that may lead to a claim, under the policy of insurance held by the interstate legal practitioner. "fee, gain or reward "means any form of, and any expectation of, a fee, gain or reward. "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. LEGAL PROFESSION ACT 2006 - SECT 73 Extent of entitlement of interstate legal practitioner to practise in ACT (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. LEGAL PROFESSION ACT 2006 - SECT 74 Additional conditions on practice of interstate legal practitioners (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. LEGAL PROFESSION ACT 2006 - SECT 75 Special provisions about interstate legal practitioner engaging in unsupervised legal practice in ACT (1) 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. (2) Subsection (1)-- (a) does not apply if the interstate legal practitioner is exempt from the requirement for supervised legal practice in the practitioner's home jurisdiction; or (b) applies only to the extent of a shorter period if the required period of supervised legal practice has been reduced for the interstate legal practitioner in the practitioner's home jurisdiction. LEGAL PROFESSION ACT 2006 - SECT 76 Interstate legal practitioner is officer of Supreme Court 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. LEGAL PROFESSION ACT 2006 - SECT 77 Protocols with regulatory authorities (1) The councils may, separately or jointly, enter into arrangements (protocols) with regulatory authorities of other jurisdictions about deciding-- (a) the jurisdiction in 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. LEGAL PROFESSION ACT 2006 - SECT 78 Investigation of practising certificate applicants or holders etc (1) To help it consider whether or not to grant, renew, amend, suspend or cancel 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. LEGAL PROFESSION ACT 2006 - SECT 79 Register of local practising certificates (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. LEGAL PROFESSION ACT 2006 - SECT 80 Supreme Court orders about conditions under pt 2.4 (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. LEGAL PROFESSION ACT 2006 - SECT 81 Appeals against decisions of licensing body or relevant council (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. Note See the Court Procedures Rules 2006, r 5052 (Appeals to Supreme Court--general powers) and r 5103 (Appeals to Supreme Court--time for filing notice of appeal). LEGAL PROFESSION ACT 2006 - SECT 82 Government lawyers generally (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 lawyer. (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. LEGAL PROFESSION ACT 2006 - SECT 83 Government lawyers of other jurisdictions (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 lawyer 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 lawyer. (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. LEGAL PROFESSION ACT 2006 - SECT 84 Determination of fees by law society council and bar council (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). LEGAL PROFESSION ACT 2006 - SECT 85 Purpose--pt 2.5 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. LEGAL PROFESSION ACT 2006 - SECT 86 Powers under ch 4 not affected by pt 2.5 This part does not affect any powers or duties under chapter 4 (Complaints and discipline). LEGAL PROFESSION ACT 2006 - SECT 87 Official notice to other jurisdictions of applications for admission and associated matters (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. LEGAL PROFESSION ACT 2006 - SECT 88 Official notice to other jurisdictions of removals from local roll (1) This section applies if a person'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 person's name and address as last-known to the registrar; and (b) the date the person's name was removed from the roll; and (c) the reason for removing the person's name. (4) The notice may contain other relevant information. LEGAL PROFESSION ACT 2006 - SECT 89 Licensing body to give notice to other jurisdictions of certain matters (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. LEGAL PROFESSION ACT 2006 - SECT 90 Relevant council to give notice to other jurisdictions of certain matters (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. LEGAL PROFESSION ACT 2006 - SECT 91 Lawyer to give notice of removal in another jurisdiction (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; 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 div 2.5.3) 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; 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). LEGAL PROFESSION ACT 2006 - SECT 92 Lawyer to give notice of interstate orders (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). LEGAL PROFESSION ACT 2006 - SECT 92A Lawyer to give notice of foreign regulatory action (1) A person commits an offence if-- (a) the person is a local lawyer (other than a local legal practitioner); and (b) foreign regulatory action has been taken in relation to the person; and (c) the person fails to give the registrar written notice of the foreign regulatory action in accordance with section 93 (1) (Provisions applying to notices under div 2.5.3) not later than 7 days after the day the person receives notice of the foreign regulatory action. Maximum penalty: 50 penalty units. (2) A person commits an offence if-- (a) the person is a local legal practitioner; and (b) foreign regulatory action has been taken in relation to the person to remove the person's name from a foreign roll for disciplinary reasons; 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 foreign regulatory action. Maximum penalty: 50 penalty units. (3) Strict liability applies to subsection (1) (a) and subsection (2) (a). (4) In this section: "foreign regulatory action" taken in relation to a person means either of the following: (a) removal of the person's name from a foreign roll for disciplinary reasons; (b) suspension or cancellation of, or refusal to renew, the person's right to engage in legal practice in a foreign country. LEGAL PROFESSION ACT 2006 - SECT 93 Provisions applying to notices under div 2.5.3 (1) A notice to be given under section 91 or section 92A 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. LEGAL PROFESSION ACT 2006 - SECT 94 Peremptory removal of local lawyer's name from local roll following removal in another jurisdiction (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 97A (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). LEGAL PROFESSION ACT 2006 - SECT 95 Peremptory cancellation of local practising certificate following removal of name from interstate roll (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 97A (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. LEGAL PROFESSION ACT 2006 - SECT 96 Show-cause procedure for removal of lawyer's name from local roll following foreign regulatory action (1) This section applies if the relevant council is satisfied that-- (a) foreign regulatory action has been taken in relation to a local lawyer (other than a local legal practitioner); and (b) no order mentioned in section 97A (1) (a) (Order for non-removal of name or non-cancellation of local practising certificate) is in force in relation to the action taken. (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 the lawyer's 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. LEGAL PROFESSION ACT 2006 - SECT 97 Show-cause procedure for cancellation of local practising certificate following foreign regulatory action (1) This section applies if the relevant council is satisfied that-- (a) foreign regulatory action has been taken in relation to a local legal practitioner; and (b) no order mentioned in section 97A (1) (a) (Order for non-removal of name or non-cancellation of local practising certificate) is in force in relation to the action taken. (2) The relevant council may serve on the practitioner a written notice stating that the council proposes to cancel the practitioner's practising certificate unless the practitioner shows cause to the council why his or her practising certificate should not be cancelled. (3) The relevant council must give the practitioner a reasonable opportunity to show cause why his or her practising certificate should not be cancelled. (4) If the practitioner does not satisfy the relevant council that the practising certificate should not be cancelled, the council may cancel the certificate. (5) The relevant council must, as soon as practicable, give the practitioner an information notice about its decision to cancel the practising certificate. (6) The practitioner may appeal to the Supreme Court against a decision of the authority to cancel the practising certificate. (7) On an appeal under this section, the Supreme Court may make the order it considers appropriate. LEGAL PROFESSION ACT 2006 - SECT 97A Order for non-removal of name or non-cancellation of local practising certificate (1) If an Australian lawyer reasonably expects that his or her name will be removed from an interstate roll or that foreign regulatory action will be taken against the lawyer, 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) or section 96 (Show-cause procedure for removal of lawyer's name from local roll following foreign regulatory action); (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. LEGAL PROFESSION ACT 2006 - SECT 98 Local authority may give information to other local authorities 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. LEGAL PROFESSION ACT 2006 - SECT 99 Definitions--pt 2.6 (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. "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. LEGAL PROFESSION ACT 2006 - SECT 100 Purposes--pt 2.6 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). LEGAL PROFESSION ACT 2006 - SECT 101 Nature of incorporated legal practice (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. LEGAL PROFESSION ACT 2006 - SECT 102 Nonlegal services and businesses of incorporated legal practices (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. LEGAL PROFESSION ACT 2006 - SECT 103 Corporations eligible to be incorporated legal practices (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. LEGAL PROFESSION ACT 2006 - SECT 104 Notice of intention of corporation to start providing legal services (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 587 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 587 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). LEGAL PROFESSION ACT 2006 - SECT 105 Prohibition on representations that corporation is incorporated legal practice etc (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. LEGAL PROFESSION ACT 2006 - SECT 106 Notice of corporation ceasing to engage in legal practice etc (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 587 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. LEGAL PROFESSION ACT 2006 - SECT 107 Incorporated legal practice must have legal practitioner director etc (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 Note This Act is defined in the dictionary. (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) This part does not affect the obligations or liabilities of a director of an incorporated legal practice under any other law. (6) 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. LEGAL PROFESSION ACT 2006 - SECT 108 Obligations of legal practitioner director relating to misconduct--incorporated legal practices (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 is not guilty of unsatisfactory professional conduct or professional misconduct under subsection (1) if the director establishes that he or she took all reasonable steps to ensure that-- (a) Australian legal practitioners employed by the incorporated legal practice did not engage in conduct or misconduct mentioned in subsection (1) (a); or (b) any other directors (other than Australian legal practitioners) of the incorporated legal practice did not engage in conduct mentioned in subsection (1) (b); or (c) unsuitable directors (other than Australian legal practitioners) of the incorporated legal practice were not appointed or holding office as mentioned in subsection (1) (c). (3) 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. LEGAL PROFESSION ACT 2006 - SECT 109 Incorporated legal practice without legal practitioner director (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. LEGAL PROFESSION ACT 2006 - SECT 110 Obligations and privileges of practitioners who are officers or employees of incorporated legal practices (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. LEGAL PROFESSION ACT 2006 - SECT 111 Professional indemnity insurance--incorporated legal practices (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. LEGAL PROFESSION ACT 2006 - SECT 112 Conflicts of interest--incorporated legal practices (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. LEGAL PROFESSION ACT 2006 - SECT 113 Disclosure obligations--incorporated legal practices (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. LEGAL PROFESSION ACT 2006 - SECT 114 Effect of nondisclosure on provision of certain services by incorporated legal practice (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. LEGAL PROFESSION ACT 2006 - SECT 115 Application of legal profession rules to incorporated legal practices 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. LEGAL PROFESSION ACT 2006 - SECT 116 Advertising requirements--incorporated legal practices (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 business in that branch of the legal profession or in that style of legal practice. (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. LEGAL PROFESSION ACT 2006 - SECT 117 Extension of vicarious liability relating to failure to account and dishonesty to incorporated legal practices etc (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. LEGAL PROFESSION ACT 2006 - SECT 118 Sharing of receipts, revenue or other income--incorporated legal practices (1) This Act does not prevent an Australian legal practitioner from sharing with an incorporated legal practice receipts, revenue or other income 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, revenue or other income in contravention of section 119, and has effect subject to section 49 (Barristers--restrictions on engaging in legal practice etc). LEGAL PROFESSION ACT 2006 - SECT 119 Disqualified people--incorporated legal practices (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, revenue or other income arising from 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. LEGAL PROFESSION ACT 2006 - SECT 120 Audit of incorporated legal practices (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). Note Section 107 (3) (Incorporated legal practice must have legal practitioner director etc) requires legal practitioner directors to ensure that appropriate management systems are implemented and maintained. (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 in relation to a particular incorporated legal practice or a particular audit. (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. LEGAL PROFESSION ACT 2006 - SECT 121 Application of ch 6 to div 2.6.2 audits Chapter 6 (Investigations) applies to an audit under this division. LEGAL PROFESSION ACT 2006 - SECT 122 Banning of incorporated legal practices (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. LEGAL PROFESSION ACT 2006 - SECT 123 Disqualification from managing incorporated legal practice (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: o section 206C (Court power of disqualification--contravention of civil penalty provision) o section 206D (Court power of disqualification--insolvency and non-payment of debts) o section 206E (Court power of disqualification--repeated contraventions of Act) o 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. LEGAL PROFESSION ACT 2006 - SECT 124 Disclosure of information to Australian Securities and Investments Commission (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. LEGAL PROFESSION ACT 2006 - SECT 125 External administration proceedings under Corporations 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. LEGAL PROFESSION ACT 2006 - SECT 126 External administration proceedings under other legislation (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. LEGAL PROFESSION ACT 2006 - SECT 127 Incorporated legal practice subject to receivership under this Act and external administration under Corporations Act (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. LEGAL PROFESSION ACT 2006 - SECT 128 Incorporated legal practice subject to receivership under this Act and external administration under other legislation (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 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. LEGAL PROFESSION ACT 2006 - SECT 129 Cooperation between courts--powers under pt 2.6 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. LEGAL PROFESSION ACT 2006 - SECT 130 Relationship of Act to constitution of incorporated legal practices 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. LEGAL PROFESSION ACT 2006 - SECT 131 Relationship of Act to legislation establishing incorporated legal practices (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. LEGAL PROFESSION ACT 2006 - SECT 132 Relationship of Act to Corporations legislation (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. LEGAL PROFESSION ACT 2006 - SECT 133 Undue influence--incorporated legal practices (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. LEGAL PROFESSION ACT 2006 - SECT 134 Nature of multidisciplinary partnership (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. LEGAL PROFESSION ACT 2006 - SECT 135 Conduct of multidisciplinary partnerships (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). LEGAL PROFESSION ACT 2006 - SECT 136 Notice of starting practice in multidisciplinary partnership (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 587 for this provision, the form must be used. (2) An offence against this section is a strict liability offence. LEGAL PROFESSION ACT 2006 - SECT 137 General obligations of legal practitioner partners--multidisciplinary partnerships (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 Note This Act is defined in the dictionary. (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. LEGAL PROFESSION ACT 2006 - SECT 138 Obligations of legal practitioner partner relating to misconduct--multidisciplinary partnerships (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. LEGAL PROFESSION ACT 2006 - SECT 139 Actions of partner of multidisciplinary partnership who is not Australian legal practitioner (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. LEGAL PROFESSION ACT 2006 - SECT 140 Obligations and privileges of practitioners who are partners or employees of multidisciplinary partnership (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. LEGAL PROFESSION ACT 2006 - SECT 141 Conflicts of interest--multidisciplinary partnerships (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. LEGAL PROFESSION ACT 2006 - SECT 142 Disclosure obligations--multidisciplinary partnerships (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. LEGAL PROFESSION ACT 2006 - SECT 143 Effect of nondisclosure on provision of certain services by multidisciplinary partnership (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. LEGAL PROFESSION ACT 2006 - SECT 144 Application of legal profession rules to multidisciplinary partnerships 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. LEGAL PROFESSION ACT 2006 - SECT 145 Advertising requirements--multidisciplinary partnerships (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. LEGAL PROFESSION ACT 2006 - SECT 146 Sharing of receipts, revenue or other income--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, revenue or other income 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, revenue or other income in contravention of section 147, and has effect subject to section 49 (Barristers--restrictions on engaging in legal practice etc). LEGAL PROFESSION ACT 2006 - SECT 147 Disqualified people--multidisciplinary partnerships 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, revenue or other income arising from 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. LEGAL PROFESSION ACT 2006 - SECT 148 Prohibition on multidisciplinary partnerships with certain partners who are not Australian legal practitioners (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. LEGAL PROFESSION ACT 2006 - SECT 149 Undue influence--multidisciplinary partnerships (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. LEGAL PROFESSION ACT 2006 - SECT 150 Obligations of individual practitioners not affected by pt 2.6 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. LEGAL PROFESSION ACT 2006 - SECT 151 Regulations--pt 2.6 (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. LEGAL PROFESSION ACT 2006 - SECT 152 Definitions--pt 2.7 In this part: "Australia" includes the external territories. "Australian law" means law of the Commonwealth or of a jurisdiction. "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. LEGAL PROFESSION ACT 2006 - SECT 153 Purpose--pt 2.7 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. LEGAL PROFESSION ACT 2006 - SECT 154 Pt 2.7 does not apply to Australian legal practitioners or foreign lawyers engaged by government (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. LEGAL PROFESSION ACT 2006 - SECT 155 Requirement for registration to practice foreign law (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) either-- (i) practises foreign law in the ACT for 1 or more periods that do not in aggregate exceed 90 days in any 12-month period; or (ii) 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; and (b) either-- (i) does not maintain an office for the purpose of practising foreign law in the ACT; or (ii) does not become a partner or director of a law practice. LEGAL PROFESSION ACT 2006 - SECT 156 Entitlement of Australian-registered foreign lawyer to practise in ACT An Australian-registered foreign lawyer is, subject to this Act, entitled to practise foreign law in the ACT. LEGAL PROFESSION ACT 2006 - SECT 157 Scope of practice of Australian-registered foreign lawyer (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. LEGAL PROFESSION ACT 2006 - SECT 158 Form of practice of foreign law (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. LEGAL PROFESSION ACT 2006 - SECT 159 Application of Australian professional ethical and practice standards to practice of foreign law (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 capable of being 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. LEGAL PROFESSION ACT 2006 - SECT 160 Designation of Australian-registered foreign lawyers (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'). 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) 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. LEGAL PROFESSION ACT 2006 - SECT 161 Letterhead and other identifying documents of Australian-registered foreign lawyers (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. LEGAL PROFESSION ACT 2006 - SECT 162 Advertising by Australian-registered foreign lawyers (1) An Australian-registered foreign lawyer is required to comply with any advertising restrictions imposed by the licensing body or by law on legal practice engaged in 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. LEGAL PROFESSION ACT 2006 - SECT 163 Foreign lawyer employing Australian legal practitioner (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. LEGAL PROFESSION ACT 2006 - SECT 164 Trust money and trust accounts--Australian-registered foreign lawyers (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 law practices and 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. Note This Act is defined in the dictionary. (3) In this section, a reference to money is not limited to a reference to money in the ACT. LEGAL PROFESSION ACT 2006 - SECT 165 Professional indemnity insurance--Australian-registered foreign lawyers (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 (including defence costs)--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 disclosure statement must-- (a) be in writing; and (b) be given before, or as soon as practicable after, the foreign lawyer is retained in a matter. (6) A disclosure statement given to a person before the foreign lawyer is retained in a matter is taken to be given to the person as a client for the purposes of this section. (7) A disclosure statement must be given in accordance with, and must comply with, any requirement under regulation. (8) In this section: "defence costs", in relation to professional indemnity insurance covering an Australian-registered foreign lawyer, means costs (other than the claimant's costs) payable by an insurer in relation to a claim, or notification that may lead to a claim, under the policy of insurance held by the lawyer. "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. LEGAL PROFESSION ACT 2006 - SECT 166 Fidelity cover--Australian-registered foreign lawyers A regulation may provide that provisions of part 3.4 (Fidelity cover) apply to Australian-registered foreign lawyers (with or without change). LEGAL PROFESSION ACT 2006 - SECT 167 Local registration of foreign lawyers Overseas-registered foreign lawyers may be registered as foreign lawyers under this Act. LEGAL PROFESSION ACT 2006 - SECT 168 Duration of registration--foreign lawyers (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. LEGAL PROFESSION ACT 2006 - SECT 169 Locally-registered foreign lawyer not officer of Supreme Court A locally-registered foreign lawyer is not an officer of the Supreme Court. LEGAL PROFESSION ACT 2006 - SECT 170 Application for grant or renewal of registration as foreign lawyer 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 587 for this provision, the form must be used. Note 2 A fee may be determined under s 206 for this provision. LEGAL PROFESSION ACT 2006 - SECT 171 Approved form for grant or renewal application--foreign lawyers (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 587 (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 licensing body's consideration of the application for 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). LEGAL PROFESSION ACT 2006 - SECT 172 Requirements for applications for grant or renewal of registration--foreign lawyers (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 whether the applicant has been convicted of an offence in Australia or a foreign country and, if so, state-- (i) the nature of the offence; and (ii) how long ago the offence was committed; and (iii) the applicant's age when the offence was committed; 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-- (i) that the applicant is not otherwise personally prohibited from engaging in legal practice in any place or bound by any undertaking not to engage in legal practice in any place; and (ii) whether or not the applicant is subject to any special conditions in engaging in legal practice 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 legal practice engaged in 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 which of section 165 (2), (3) or (4) (Professional indemnity insurance--Australian-registered foreign lawyers) the applicant proposes to rely on and be accompanied by supporting proof of the relevant matters; 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 engage in legal practice 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). LEGAL PROFESSION ACT 2006 - SECT 173 Grant or renewal of registration as foreign lawyer (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 193 (Conditions imposed on local registration by licensing body). (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) The licensing body must give the applicant an information notice if the licensing body-- (a) refuses to grant or renew registration; or (b) imposes a condition on the registration and the applicant does not agree to the condition. (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. LEGAL PROFESSION ACT 2006 - SECT 174 Requirement to grant or renew registration as foreign lawyer if criteria satisfied (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 engaging in practice 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 engaging in legal practice in any of the foreign countries that would make it inappropriate to register the person; or (ii) any undertakings about engaging in legal practice in any of the foreign countries that would make it inappropriate to register the person; and (d) is satisfied the applicant demonstrates an intention to start practising foreign law in the ACT within a reasonable period if registration were to be granted; 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. LEGAL PROFESSION ACT 2006 - SECT 175 Refusal to grant or renew registration as foreign lawyer (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 ACAT 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; or (h) the applicant's foreign legal practice is in receivership (however described). 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). LEGAL PROFESSION ACT 2006 - SECT 176 Application--div 2.7.6 This division does not apply to matters mentioned in division 2.7.7 (Special powers in relation to local registration--show-cause events). LEGAL PROFESSION ACT 2006 - SECT 177 Grounds for amending, suspending or cancelling registration of foreign lawyer (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 fails to comply with a requirement of this part; (c) the person fails to comply with a condition imposed on the person's registration; (d) the person becomes 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 person's capacity as-- (i) an overseas-registered foreign lawyer; or (ii) an Australian-registered foreign lawyer; or (iii) an Australian lawyer; (e) the person has been convicted of an offence in Australia or a foreign country; (f) the person's registration is cancelled or currently suspended in any place because of any disciplinary action in Australia or a foreign country; (g) the person does not meet the requirements of section 165 (Professional indemnity insurance--Australian-registered foreign lawyers); (h) the person has become an insolvent under administration; (i) another ground the licensing body considers sufficient. (2) Subsection (1) does not limit the grounds on which conditions may be imposed on registration as a foreign lawyer under section 193 (Conditions imposed on local registration by licensing body). LEGAL PROFESSION ACT 2006 - SECT 178 Amending, suspending or cancelling registration of foreign lawyer (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 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 notice under subsection (1) 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 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 notice stated the proposed action was to cancel the registration-- (i) cancel the registration; or (ii) suspend the registration for a stated period; or (iii) amend the registration in a less onerous way the council considers appropriate because of the representations. (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. (5) In this section: "amend", a person's registration, means amend the registration under section 193 (Conditions imposed on local registration by licensing body) during its currency, otherwise than at the person's request. LEGAL PROFESSION ACT 2006 - SECT 179 Operation of amendment, suspension or cancellation of registration of foreign lawyer (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. LEGAL PROFESSION ACT 2006 - SECT 180 Other ways of amending or cancelling registration of foreign lawyer (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. LEGAL PROFESSION ACT 2006 - SECT 181 Relationship of div 2.7.6 with ch 4 This division does not prevent a complaint from being made under chapter 4 (Complaints and discipline) about a matter to which this division relates. LEGAL PROFESSION ACT 2006 - SECT 182 Applicant for local registration as foreign lawyer--show-cause event (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. LEGAL PROFESSION ACT 2006 - SECT 183 Locally-registered foreign lawyer--show-cause event (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; Note If a form is approved by the licensing body under s 587 for this provision, the form must be used. (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. LEGAL PROFESSION ACT 2006 - SECT 184 Refusal, amendment, suspension or cancellation of local registration as foreign lawyer--failure to show cause etc (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. LEGAL PROFESSION ACT 2006 - SECT 185 Restriction on making further applications for registration as foreign lawyer (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. LEGAL PROFESSION ACT 2006 - SECT 186 Relationship of div 2.7.7 with pt 4.4 and ch 6 (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. LEGAL PROFESSION ACT 2006 - SECT 187 Immediate suspension of registration as foreign lawyer (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. LEGAL PROFESSION ACT 2006 - SECT 188 Surrender of local registration certificate and cancellation of registration as foreign lawyer (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. LEGAL PROFESSION ACT 2006 - SECT 189 Automatic cancellation of registration of foreign lawyer on grant of practising certificate A person's registration as a foreign lawyer under this part is taken to be cancelled if the person becomes an Australian legal practitioner. LEGAL PROFESSION ACT 2006 - SECT 190 Suspension or cancellation of registration of foreign lawyer not to affect disciplinary processes 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. LEGAL PROFESSION ACT 2006 - SECT 191 Return of local registration certificate (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. LEGAL PROFESSION ACT 2006 - SECT 192 Conditions on local registration generally (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 Note This Act is defined in the dictionary. (c) any conditions imposed or amended by the ACAT 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. LEGAL PROFESSION ACT 2006 - SECT 193 Conditions imposed on local registration by licensing body (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. LEGAL PROFESSION ACT 2006 - SECT 194 Imposition and amendment of conditions on local registration pending criminal proceedings (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 ACAT for an order under this section. (2) On an application under subsection (1), the ACAT 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 ACAT; 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 ACAT may, on application by any party, amend or revoke an order under this section at any time. LEGAL PROFESSION ACT 2006 - SECT 195 Statutory condition on local registration about notification of offence (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 587 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. LEGAL PROFESSION ACT 2006 - SECT 196 Conditions imposed by legal profession rules on local registration 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. LEGAL PROFESSION ACT 2006 - SECT 197 Compliance with conditions of local registration A locally-registered foreign lawyer must not contravene a condition to which the registration is subject. Maximum penalty: 50 penalty units. LEGAL PROFESSION ACT 2006 - SECT 198 Extent of entitlement of interstate-registered foreign lawyer to practise in ACT (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. LEGAL PROFESSION ACT 2006 - SECT 199 Additional conditions on practice of interstate-registered foreign lawyers (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. LEGAL PROFESSION ACT 2006 - SECT 200 Investigation of applicants and locally-registered foreign lawyers etc (1) To help it consider whether or not to grant, renew, amend, suspend or cancel 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. LEGAL PROFESSION ACT 2006 - SECT 201 Register of locally-registered foreign lawyers (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. LEGAL PROFESSION ACT 2006 - SECT 202 Publication of information about locally-registered foreign lawyers 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. LEGAL PROFESSION ACT 2006 - SECT 203 Supreme Court orders about conditions--Australian-registered foreign lawyers (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. LEGAL PROFESSION ACT 2006 - SECT 204 Exemption of Australian-registered foreign lawyers by licensing body (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. LEGAL PROFESSION ACT 2006 - SECT 205 Membership of professional association by Australian-registered foreign lawyers An Australian-registered foreign lawyer is not required to join (but may, if eligible, join) any professional association. LEGAL PROFESSION ACT 2006 - SECT 206 Determination of fees by licensing body (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) LEGAL PROFESSION ACT 2006 - SECT 207 Appeals or reviews (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. Note See the Court Procedures Rules 2006, r 5052 (Appeals to Supreme Court--general powers) and r 5103 (Appeals to Supreme Court--time for filing notice of appeal). LEGAL PROFESSION ACT 2006 - SECT 208 What is a complying community legal centre? (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. LEGAL PROFESSION ACT 2006 - SECT 209 Provision of legal services etc by complying community centre (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. LEGAL PROFESSION ACT 2006 - SECT 210 Definitions--pt 3.1 (1) In this Act: "controlled money" means trust money received or held by a law practice for which the practice has 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. "deposit record "includes a deposit slip or duplicate deposit slip. "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 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) deposit records; (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. Note 1 This Act is defined in the dictionary. Note 2 Trust records includes a reference to the affairs of a law practice that may be examined under s 245 (Examination of affairs in relation to examination of trust records etc)--see s 245 (3). (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. (4) A reference in this part to a power given to a law practice or an associate of the practice to deal with money for or on behalf of someone else is a reference to a power given to the practice or associate that is exercisable by-- (a) the practice alone; or (b) an associate of the practice alone (otherwise than in a private and personal capacity); or (c) the practice or an associate of the practice jointly or severally, or jointly and severally with either of the following: (i) 1 or more associates of the practice; (ii) the person, or 1 or more nominees of the person, for whom or on whose behalf the money may or is to be dealt with under the power. LEGAL PROFESSION ACT 2006 - SECT 211 Purposes--pt 3.1 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. LEGAL PROFESSION ACT 2006 - SECT 212 Money involved in financial services or investments (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 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. LEGAL PROFESSION ACT 2006 - SECT 213 Determinations about status of money (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. LEGAL PROFESSION ACT 2006 - SECT 214 Application of pt 3.1 to law practices and trust money (1) This part applies to the following law practices in relation to trust money received by them in the ACT: (a) a law practice that has an office in the ACT, whether or not the practice has an office in another jurisdiction; (b) a law practice that does not have an office in any jurisdiction at all. (2) To remove any doubt, it is intended that a law practice that receives trust money in the ACT, that does not have an office in the ACT, but that has an office in another jurisdiction, must deal with the money in accordance with the corresponding law of the other jurisdiction. (3) This part applies to the following law practices in relation to trust money received by them in another jurisdiction: (a) a law practice that has an office in the ACT and in no other jurisdiction; (b) a law practice that has an office in the ACT and in 1 or more other jurisdictions but not in the jurisdiction in which the trust money was received, unless the money is dealt with in accordance with the corresponding law of another jurisdiction. (4) However, this part does not apply to law practices, or kinds of trust money, prescribed by regulation for this subsection. (5) A reference in this section to having an office in a jurisdiction is a reference to having, or engaging in legal practice from, an office or business address in the jurisdiction. Note Section 164 (Trust money and trust accounts--Australian-registered foreign lawyers) applies this part to Australian-registered foreign lawyers. LEGAL PROFESSION ACT 2006 - SECT 215 Protocols for deciding where trust money is received (1) The licensing body may enter into arrangements (the protocols) with corresponding authorities about any or all of the following: (a) deciding the jurisdiction where a law practice receives trust money; (b) sharing information about whether, and (if so) how, trust money is being dealt with under this Act or a corresponding law. (2) For this Act, to the extent that the protocols are relevant, the jurisdiction where a law practice receives trust money 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. LEGAL PROFESSION ACT 2006 - SECT 216 When money is received by law practice (1) For this Act, a law practice receives money when-- (a) the practice obtains possession or control of it directly; or (b) the practice obtains possession or control of it indirectly as a result of its delivery to an associate of the practice; or (c) the practice, or an associate of the practice (otherwise than in a private and personal capacity), is given a power to deal with the money for or on behalf of someone else. (2) For this Act, a law practice or associate is taken to have received money if the money is available to the practice or associate by means of an instrument or other way of authorising an ADI to credit or debit an amount to an account with the ADI, including, for example, an electronic funds transfer, credit card transaction or telegraphic transfer. 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). LEGAL PROFESSION ACT 2006 - SECT 217 Discharge by legal practitioner associate of obligations of law practice (1) The following actions, if taken by a legal practitioner associate of a law practice on behalf of the practice in relation to trust money received by the practice, discharge the corresponding obligations of the practice in relation to the money: (a) the establishment of a trust account; (b) the keeping of a trust account; (c) the payment of trust money into and out of a trust account and other dealings with trust money; (d) the keeping of trust records; (e) engaging an external examiner to examine trust records; (f) the payment of an amount into an ADI account in accordance with section 253 (Statutory deposits); (g) an action of a kind prescribed by regulation. (2) If the legal practitioner associate keeps a trust account in relation to trust money received by the law practice, this part applies to the associate in the same way as it applies to a law practice. Note A reference to an Act (or provision) includes a reference to the statutory instruments made or in force under the Act (or provision), including any regulation (see Legislation Act, s 104). (3) Subsection (1) does not apply to the extent that the associate is prevented by a regulation from taking any action mentioned in that subsection. LEGAL PROFESSION ACT 2006 - SECT 218 Liability of principals of law practices under pt 3.1 (1) A provision of this part expressed as imposing an obligation on a law practice imposes the same obligation on the principals of the law practice jointly and severally, but discharge of the practice's obligation also discharges the corresponding obligation imposed on the principals. Note A reference to an Act (or provision) includes a reference to the statutory instruments made or in force under the Act (or provision), including any regulation (see Legislation Act, s 104). (2) A reference in this part to a "law practice" includes a reference to the principals of the law practice. LEGAL PROFESSION ACT 2006 - SECT 219 Application of pt 3.1 to former practices, principals and associates This part applies in relation to former law practices and former principals and associates of law practices in relation to conduct happening while they were respectively law practices, principals and associates in the same way as it applies to law practices, principals and associates, but with any necessary changes. LEGAL PROFESSION ACT 2006 - SECT 220 Barristers not to receive trust money A barrister commits an offence if-- (a) the barrister receives money on behalf of someone else; and (b) the money is received in the course of the barrister's practice as a barrister. Maximum penalty: 50 penalty units. LEGAL PROFESSION ACT 2006 - SECT 221 Keeping of general trust account (1) A law practice that receives trust money to which this part applies must keep a general trust account in the ACT. (2) A law practice that is required to keep a general trust account in the ACT must establish and keep the account as required by regulation. (3) Subsection (1) does not apply to a law practice in relation to any period during which the practice receives only either or both of the following: (a) controlled money; (b) transit money received in a form other than cash. (4) If a law practice that is an Australian legal practitioner who is a sole practitioner, or an incorporated legal practice, contravenes subsection (1) or (2), the practitioner or practice commits an offence. Maximum penalty: 50 penalty units. (5) If a law practice that is a law firm, or a multidisciplinary partnership, contravenes subsection (1) or (2), each principal of the practice commits an offence Maximum penalty: 50 penalty units. Note For this part, a reference to a law practice includes the principals of the law practice (see s 218 (Liability of principals of law practices under pt 3.1)). (6) An offence against subsection (4) or (5) is a strict liability offence. (7) Subject to any regulation, a requirement of this section for a law practice to keep, or establish and keep, a general trust account in the ACT does not prevent the practice from keeping, or establishing and keeping, more than 1 general trust account in the ACT, whether during the same period or during different periods. (8) Without limiting this section, a regulation may provide that a law practice must not close a general trust account except as permitted by regulation. LEGAL PROFESSION ACT 2006 - SECT 222 Certain trust money to be deposited in general trust account (1) As soon as practicable after receiving trust money, a law practice must deposit the money in a general trust account of the practice. (2) Subsection (1) does not apply if-- (a) the practice has a written direction by an appropriate person to deal with the money otherwise than by depositing it in the account; or (b) the money is controlled money; or (c) the money is transit money; or (d) the money is the subject of a power given to the practice or an associate of the practice to deal with the money for or on behalf of someone else. (3) A law practice that has received money that is the subject of a written direction mentioned in subsection (2) (a) must deal with the money in accordance with the direction-- (a) within the period (if any) stated in the direction; or (b) subject to paragraph (a), as soon as practicable after it is received. (4) The law practice must keep a written direction mentioned in subsection (2) (a) for the period prescribed by regulation. (5) If a law practice that is an Australian legal practitioner who is a sole practitioner, or an incorporated legal practice, contravenes subsection (1), (3) or (4), the practitioner or practice commits an offence. Maximum penalty: 50 penalty units. (6) If a law practice that is a law firm, or a multidisciplinary partnership, contravenes subsection (1), (3) or (4), each principal of the practice commits an offence. Maximum penalty: 50 penalty units. Note For this part, a reference to a law practice includes the principals of the law practice (see s 218 (Liability of principals of law practices under pt 3.1)). (7) An offence against subsection (5) or (6) is a strict liability offence. (8) This section is subject to section 226A (Trust money received in form of cash). (9) For this section, a person is an appropriate person in relation to trust money received by a law practice if the person is legally entitled to give the practice directions about dealings with the money. LEGAL PROFESSION ACT 2006 - SECT 223 Holding, disbursing and accounting for trust money (1) A law practice must-- (a) hold trust money deposited in a general trust account of the practice exclusively for the person on whose behalf it is received; and (b) disburse the trust money only in accordance with a direction given by the person. (2) Subsection (1) applies subject to an order of a court of competent jurisdiction or as authorised by law. (3) The law practice must account for the trust money as required by regulation. (4) If a law practice that is an Australian legal practitioner who is a sole practitioner, or an incorporated legal practice, contravenes subsection (1) or (3), the practitioner or practice commits an offence. Maximum penalty: 50 penalty units. (5) If a law practice that is a law firm, or a multidisciplinary partnership, contravenes subsection (1) or (3), each principal of the practice commits an offence Maximum penalty: 50 penalty units. Note For this part, a reference to a law practice includes the principals of the law practice (see s 218 (Liability of principals of law practices under pt 3.1)). (6) An offence against subsection (4) or (5) is a strict liability offence. LEGAL PROFESSION ACT 2006 - SECT 223A Way of withdrawing trust money from general trust account (1) A law practice must not withdraw trust money from a general trust account otherwise than by cheque or electronic funds transfer. (2) Without limiting subsection (1), the following are prohibited: (a) cash withdrawals; (b) ATM withdrawals or transfers; (c) telephone banking withdrawals or transfers. (3) A regulation may make provision in relation to withdrawals by cheque or electronic funds transfer. (4) If a law practice that is an Australian legal practitioner who is a sole practitioner, or an incorporated legal practice, contravenes subsection (1), the practitioner or practice commits an offence. Maximum penalty: 50 penalty units. (5) If a law practice that is a law firm, or a multidisciplinary partnership, contravenes subsection (1), each principal of the practice commits an offence. Maximum penalty: 50 penalty units. Note For this part, a reference to a law practice includes the principals of the law practice (see s 218 (Liability of principals of law practices under pt 3.1)). (6) An offence against subsection (4) or (5) is a strict liability offence. (7) This section has effect despite anything to the contrary in any direction given to the law practice, even if the direction is given by a person who is otherwise legally entitled to give the law practice directions in relation to dealings with the trust money. LEGAL PROFESSION ACT 2006 - SECT 224 Controlled money (1) As soon as practicable after receiving controlled money, a law practice must deposit the money in the account stated in the written direction relating to the money. (2) The law practice must hold controlled money deposited in a controlled money account in accordance with subsection (1) exclusively for the person on whose behalf it was received. (3) The law practice that holds controlled money deposited in a controlled money account in accordance with subsection (1) must not disburse the money except in accordance with-- (a) the written direction mentioned in that subsection; or (b) a later written direction given by or on behalf of the person on whose behalf the money was received. (4) The law practice must keep the controlled money account, and account for the controlled money, as required by regulation. (5) The law practice must keep a written direction mentioned in this section for the period prescribed by regulation. (6) The law practice must ensure that the controlled money account is used for the deposit of controlled money received on behalf of the person mentioned in subsection (2), and not for the deposit of controlled money received on behalf of anyone else, except to the extent that a regulation otherwise allows. (7) Subsection (3) applies subject to an order of a court of competent jurisdiction or as authorised by law. (8) If a law practice that is an Australian legal practitioner who is a sole practitioner, or an incorporated legal practice, contravenes subsection (1), (2), (3), (4), (5) or (6), the practitioner or practice commits an offence. Maximum penalty: 50 penalty units. (9) If a law practice that is a law firm, or a multidisciplinary partnership, contravenes subsection (1), (2), (3), (4), (5) or (6), each principal of the practice commits an offence Maximum penalty: 50 penalty units. Note For this part, a reference to a law practice includes the principals of the law practice (see s 218 (Liability of principals of law practices under pt 3.1)). (10) An offence against subsection (8) or (9) is a strict liability offence. LEGAL PROFESSION ACT 2006 - SECT 224A Way of withdrawing controlled money from controlled money account (1) A law practice must not withdraw controlled money from a controlled money account otherwise than by cheque or electronic funds transfer. (2) Without limiting subsection (1), the following are prohibited: (a) cash withdrawals; (b) ATM withdrawals or transfers; (c) telephone banking withdrawals or transfers. (3) A regulation may make provision in relation to withdrawals by cheque or electronic funds transfer. (4) If a law practice that is an Australian legal practitioner who is a sole practitioner, or an incorporated legal practice, contravenes subsection (1), the practitioner or practice commits an offence. Maximum penalty: 50 penalty units. (5) If a law practice that is a law firm, or a multidisciplinary partnership, contravenes subsection (1), each principal of the practice commits an offence. Maximum penalty: 50 penalty units. Note For this part, a reference to a law practice includes the principals of the law practice (see s 218 (Liability of principals of law practices under pt 3.1)). (6) An offence against subsection (4) or (5) is a strict liability offence. (7) This section has effect despite anything to the contrary in any direction given to the law practice, even if the direction is given by a person who is otherwise legally entitled to give the law practice directions in relation to dealings with the controlled money. LEGAL PROFESSION ACT 2006 - SECT 225 Transit money (1) A law practice that has received transit money must pay or deliver the money as required by the instructions relating to the money-- (a) within the period (if any) stated in the instructions; or (b) subject to paragraph (a), as soon as practicable after it is received. (2) The law practice must account for the money as required by regulation. (3) If a law practice that is an Australian legal practitioner who is a sole practitioner, or an incorporated legal practice, contravenes subsection (1) or (2), the practitioner or practice commits an offence. Maximum penalty: 50 penalty units. (4) If a law practice that is a law firm, or a multidisciplinary partnership, contravenes subsection (1) or (2), each principal of the practice commits an offence. Maximum penalty: 50 penalty units. Note For this part, a reference to a law practice includes the principals of the law practice (see s 218 (Liability of principals of law practices under pt 3.1)). (5) An offence against subsection (3) or (4) is a strict liability offence. (6) This section is subject to section 226A (Trust money received in form of cash). LEGAL PROFESSION ACT 2006 - SECT 226 Trust money subject to specific powers (1) A law practice must ensure that trust money that is the subject of a power given to the practice or an associate of the practice is dealt with by the practice or associate only in accordance with the power relating to the money. (2) The law practice must account for the money as prescribed by regulation. (3) If a law practice that is an Australian legal practitioner who is a sole practitioner, or an incorporated legal practice, contravenes subsection (1) or (2), the practitioner or practice commits an offence. Maximum penalty: 50 penalty units. (4) If a law practice that is a law firm, or a multidisciplinary partnership, contravenes subsection (1) or (2), each principal of the practice commits an offence. Maximum penalty: 50 penalty units. Note For this part, a reference to a law practice includes the principals of the law practice (see s 218 (Liability of principals of law practices under pt 3.1)). (5) An offence against subsection (3) or (4) is a strict liability offence. (6) This section is subject to section 226A (Trust money received in form of cash). LEGAL PROFESSION ACT 2006 - SECT 226A Trust money received in form of cash (1) A law practice must deposit general trust money received in the form of cash in a general trust account of the practice. (2) If the law practice has a written direction by an appropriate person to deal with general trust money received in the form of cash otherwise than by first depositing it in a general trust account of the practice-- (a) the money must nevertheless be deposited in a general trust account of the practice in accordance with subsection (1); and (b) the money is after that to be dealt with in accordance with any applicable terms of the direction to the extent that the terms are not inconsistent with paragraph (a). (3) Controlled money received in the form of cash must be deposited in a controlled money account in accordance with section 224 (Controlled money). (4) A law practice must deposit transit money received in the form of cash in a general trust account of the practice before the money is otherwise dealt with in accordance with the instructions relating to the money. (5) A law practice must deposit trust money that is received in the form of cash and is the subject of a power in a general trust account (or a controlled money account in the case of controlled money) of the practice before the money is otherwise dealt with in accordance with the power. (6) This section has effect despite anything to the contrary in any relevant direction, instruction or power. (7) If a law practice that is an Australian legal practitioner who is a sole practitioner, or an incorporated legal practice, contravenes subsection (1), (4) or (5), the practitioner or practice commits an offence. Maximum penalty: 50 penalty units (8) If a law practice that is a law firm, or a multidisciplinary partnership, contravenes subsection (1), (4) or (5) each principal of the practice commits an offence Maximum penalty: 50 penalty units. Note For this part, a reference to a law practice includes the principals of the law practice (see s 218 (Liability of principals of law practices under pt 3.1)). (9) An offence against subsection (7) or (8) is a strict liability offence. (10) In this section: "appropriate person", in relation to trust money, means a person who is legally entitled to give the law practice concerned directions in relation to dealings with the money. "general trust money "means trust money other than-- (a) controlled money; and (b) transit money; and (c) money that is the subject of a power. LEGAL PROFESSION ACT 2006 - SECT 227 Protection of trust money (1) Money standing to the credit of a trust account kept by a law practice is not available for the payment of debts of the practice or any of its associates. (2) Money standing to the credit of a trust account kept by a law practice is not liable to be attached or taken in execution for satisfying a judgment against the practice or any of its associates. (3) This section does not apply to money to which a law practice or associate is entitled. LEGAL PROFESSION ACT 2006 - SECT 228 Intermixing money (1) A law practice must not mix trust money with other money. (2) If a law practice that is an Australian legal practitioner who is a sole practitioner, or an incorporated legal practice, contravenes subsection (1), the practitioner or practice commits an offence. Maximum penalty: 50 penalty units. (3) If a law practice that is a law firm, or a multidisciplinary partnership, contravenes subsection (1), each principal of the practice commits an offence. Maximum penalty: 50 penalty units. Note For this part, a reference to a law practice includes the principals of the law practice (see s 218 (Liability of principals of law practices under pt 3.1)). (4) This section does not apply in relation to the mixing of trust money with other money if-- (a) the licensing body has authorised the mixing of the trust money with other money to the extent to which it is mixed; and (b) the law practice has complied with any conditions put on the authorisation by the licensing body. (5) An offence against subsection (2) or (3) is a strict liability offence. LEGAL PROFESSION ACT 2006 - SECT 229 Dealing with trust money--legal costs and unclaimed money (1) A law practice may do any of the following, in relation to trust money held in a general trust account or controlled money account of the practice for a person: (a) exercise a lien, including a general retaining lien, for the amount of legal costs reasonably owing by the person to the practice; (b) withdraw money for payment to the practice's account for legal costs owing to the practice if any relevant provision of this Act is complied with; (c) after deducting any legal costs properly owing to the practice, deal with the balance as unclaimed money under section 259 (Unclaimed trust money). Note This Act is defined in the dictionary. (2) Subsection (1) applies despite any other provision of this part but has effect subject to part 3.2 (Costs disclosure and assessment). LEGAL PROFESSION ACT 2006 - SECT 230 Deficiency in trust account (1) An Australian legal practitioner commits an offence if the practitioner causes-- (a) a deficiency in any trust account or trust ledger account; or (b) a failure to pay or deliver any trust money. Maximum penalty: 50 penalty units. (2) Subsection (1) does not apply if the Australian legal practitioner has a reasonable excuse. (3) In this section: "account", in relation to an Australian legal practitioner, includes an account of the practitioner or of the law practice of which the practitioner is an associate. "cause" a deficiency or failure--a person's conduct causes a deficiency or failure if it is responsible for the deficiency or failure. "deficiency" in a trust account or trust ledger account includes the non-inclusion or exclusion of all or any part of an amount that is required to be included in the account. LEGAL PROFESSION ACT 2006 - SECT 231 Reporting certain irregularities etc (1) A legal practitioner commits an offence if-- (a) the practitioner is an associate of a law practice; and (b) the practitioner becomes aware that there is an irregularity in any of the practice's trust accounts or trust ledger accounts; and (c) the practitioner fails, as soon as practicable after becoming aware of the irregularity, to give written notice of the irregularity to-- (i) the licensing body; and (ii) if a corresponding authority is responsible for the regulation of the accounts--the corresponding authority. Maximum penalty: 50 penalty units. (2) An Australian legal practitioner commits an offence if-- (a) the practitioner believes, on reasonable grounds, that there is an irregularity in relation to the receipt, recording or disbursement of any trust money received by a law practice; and (b) the practitioner is not an associate of the practice; and (c) the practitioner fails, as soon as practicable after forming the belief, to give written notice of it to-- (i) the licensing body; and (ii) if a corresponding authority is responsible for the regulation of the accounts relating to the trust money--the corresponding authority. Maximum penalty: 50 penalty units. (3) The validity of a requirement imposed on an Australian legal practitioner under subsection (1) or (2) is not affected, and the practitioner is not excused from complying with subsection (1) or (2), on the ground that giving the notice may tend to incriminate the practitioner. Note Section 597 (Professional privilege or duty of confidence does not affect validity of certain requirements etc) contains a similar provision in relation to client legal privilege and duties of confidence. (4) An Australian legal practitioner is not liable for any loss or damage suffered by someone else because of the practitioner's compliance with subsection (1) or (2). LEGAL PROFESSION ACT 2006 - SECT 232 Keeping trust records (1) A law practice must keep in permanent form trust records in relation to trust money received by the practice. (2) The law practice must keep the trust records-- (a) in accordance with the regulations; and (b) in a way that at all times discloses the true position in relation to trust money received for or on behalf of any person; and (c) in a way that enables the trust records to be conveniently and properly investigated or externally examined; and (d) for a period prescribed by regulation. (3) If a law practice that is an Australian legal practitioner who is a sole practitioner, or an incorporated legal practice, contravenes subsection (1) or (2), the practitioner or practice commits an offence. Maximum penalty: 50 penalty units. (4) If a law practice that is a law firm, or a multidisciplinary partnership, contravenes subsection (1) or (2), each principal of the practice commits an offence Maximum penalty: 50 penalty units. Note For this part, a reference to a law practice includes the principals of the law practice (see s 218 (Liability of principals of law practices under pt 3.1)). (5) An offence against subsection (3) or (4) is a strict liability offence. LEGAL PROFESSION ACT 2006 - SECT 233 False names in trust records etc (1) A law practice must not knowingly receive money or record receipt of money in the practice's trust records under a false name. (2) If a person on whose behalf trust money is received by a law practice is commonly known by 2 or more names, the practice must ensure that the practice's trust records record all names by which the person is known. (3) If a law practice that is an Australian legal practitioner who is a sole practitioner, or an incorporated legal practice, contravenes subsection (1) or (2), the practitioner or practice commits an offence. Maximum penalty: 50 penalty units. (4) If a law practice that is a law firm, or a multidisciplinary partnership, contravenes subsection (1) or (2), each principal of the practice commits an offence. Maximum penalty: 50 penalty units. Note For this part, a reference to a law practice includes the principals of the law practice (see s 218 (Liability of principals of law practices under pt 3.1)). LEGAL PROFESSION ACT 2006 - SECT 234 Appointment of investigators (1) The licensing body may appoint a suitably qualified person to investigate the affairs or stated affairs of a law practice. 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). (2) The appointment may be made generally or for the law practice stated in the instrument of, or evidencing the, appointment. (3) An appointment may be made subject to conditions-- (a) stated in the instrument of appointment; or (b) stated in a written notice given by the licensing body to the investigator during the term of appointment; or (c) prescribed by regulation. (4) The licensing body may end the appointment of an investigator if the investigator breaches a condition of appointment. Note A person's appointment also ends if the person resigns (see Legislation Act, s 210). LEGAL PROFESSION ACT 2006 - SECT 235 Investigations (1) The instrument of, or evidencing the, appointment may authorise the investigator to conduct either or both of the following in relation to a law practice: (a) routine investigations on a regular or other basis; (b) investigations in relation to particular allegations or suspicions in relation to trust money, trust property, trust accounts or any other aspect of the affairs of the law practice. (2) The main purposes of an investigation are to find out whether the law practice has complied with or is complying with the requirements of this part and to detect and prevent fraud or defalcation, but this subsection does not limit the scope of the investigation or the powers of the investigator. LEGAL PROFESSION ACT 2006 - SECT 236 Application of ch 6 to investigations Chapter 6 (Investigations) applies to an investigation under this subdivision. LEGAL PROFESSION ACT 2006 - SECT 237 Investigator's report As soon as practicable after completing an investigation, the investigator must give a written report of the investigation to the licensing body. LEGAL PROFESSION ACT 2006 - SECT 238 Confidentiality by investigator etc (1) In this section: "court" includes any entity with power to require the production of documents or the answering of questions. "divulge" includes communicate. "person to whom this section applies" means anyone who is, or has been-- (a) an investigator; or (b) acting under the direction or authority of an investigator; or (c) providing advice, expertise or assistance to an investigator. "produce" includes allow access to. "protected information" means information about a law practice or another person that is disclosed to, or obtained by, a person to whom this section applies (the relevant person) because of the exercise of a function under this Act by the relevant person or someone else. (2) A person to whom this section applies commits an offence if-- (a) the person-- (i) makes a record of protected information about a law practice or another person; and (ii) is reckless about whether the information is protected information about a law practice or another person; or (b) the person-- (i) does something that divulges protected information about a law practice or another person; and (ii) is reckless about whether-- (A) the information is protected information about a law practice or another person; and (B) doing the thing would result in the information being divulged. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (3) This section does not apply if the record is made, or the information is divulged-- (a) under this Act or another territory law; or (b) in relation to the exercise of a function, as a person to whom this section applies, under this Act or another territory law. (4) Subsection (2) does not apply to the divulging of protected information about a law practice or another person-- (a) to the practice or person; or (b) if relevant, to an associate of the practice; or (c) with the consent of the practice or person; or (d) if divulging the information is necessary for properly conducting an investigation and making the report of the investigation; or (e) as provided in section 557 (Permitted disclosure of confidential information--ch 6). (5) A person to whom this section applies need not divulge protected information to a court, or produce a document containing protected information to a court, unless it is necessary to do so for this Act or another territory law. LEGAL PROFESSION ACT 2006 - SECT 239 Costs of investigation (1) The costs of an investigation are payable out of the fidelity fund. (2) However, the licensing body may decide that all or part of the costs of carrying out the investigation is payable to the licensing body, and decide the amount payable, if-- (a) an investigator states in his or her report that there is evidence that a breach of this Act has been committed or that a default (within the meaning of part 3.4 (Fidelity cover)) has happened in relation to the law practice whose affairs are under investigation; and (b) the licensing body is satisfied that the breach or default is intentional or of a substantial nature. Note This Act is defined in the dictionary. (3) An amount decided by the licensing body under subsection (2) is a debt owing to the licensing body by the law practice whose affairs are under investigation. (4) A person may appeal to the Supreme Court against a decision of the licensing body under subsection (2). Note See the Court Procedures Rules 2006, r 5052 (Appeals to Supreme Court--general powers) and r 5103 (Appeals to Supreme Court--time for filing notice of appeal). LEGAL PROFESSION ACT 2006 - SECT 240 Designation of external examiners (1) The licensing body may, in writing, designate a person (a designated person) as being eligible to be appointed as an external examiner. (2) Only designated people may be appointed as external examiners. (3) An employee or agent of the licensing body may be a designated person. LEGAL PROFESSION ACT 2006 - SECT 241 Trust records to be externally examined (1) A law practice must at least once in each financial year have its trust records externally examined by an external examiner appointed as required by regulation. (2) The licensing body may appoint an external examiner to examine a law practice's trust records if the licensing body is not satisfied-- (a) that the practice has had its trust records externally examined under subsection (1); or (b) that an external examination of the practice's trust records has been carried out as required by regulation. (3) This section has effect subject to any exemption under a regulation from the requirement to have trust records examined under this section. (4) If a law practice that is an Australian legal practitioner who is a sole practitioner, or an incorporated legal practice, contravenes subsection (1), the practitioner or practice commits an offence. Maximum penalty: 50 penalty units (5) If a law practice that is a law firm, or a multidisciplinary partnership, contravenes subsection (1), each principal of the practice commits an offence Maximum penalty: 50 penalty units. Note For this part, a reference to a law practice includes the principals of the law practice (see s 218 (Liability of principals of law practices under pt 3.1)). (6) An offence against subsection (4) or (5) is a strict liability offence. LEGAL PROFESSION ACT 2006 - SECT 243 Designation and appointment of associates as external examiners (1) The licensing body may designate an associate of a law practice under this subdivision only if the licensing body is satisfied that it is appropriate to designate the associate. (2) However, an associate of a law practice cannot be appointed as an external examiner under this subdivision to examine the practice's trust records. LEGAL PROFESSION ACT 2006 - SECT 244 Final examination of trust records (1) This section applies if a law practice-- (a) stops being authorised to receive trust money; or (b) stops engaging in legal practice in the ACT. (2) The law practice must appoint an external examiner to examine the practice's trust records-- (a) for the period since an external examination was last conducted; and (b) for each period after that, consisting of a completed period of 12 months or any remaining partly completed period, during which the practice continued to hold trust money. (3) The law practice must give the licensing body-- (a) a report of each examination under subsection (2) not later than 60 days after the end of the period to which the examination relates; and (b) a written notice not later than 60 days after the day it stops holding trust money. Note If a form is approved by the licensing body under s 587 for this provision, the form must be used. (4) If a law practice that is an Australian legal practitioner who is a sole practitioner, or an incorporated legal practice, contravenes subsection (2) or (3), the practitioner or practice commits an offence. Maximum penalty: 100 penalty units. (5) If a law practice that is a law firm, or a multidisciplinary partnership, contravenes subsection (2) or (3), each principal of the practice commits an offence. Maximum penalty: 100 penalty units. Note For this part, a reference to a law practice includes the principals of the law practice (see s 218 (Liability of principals of law practices under pt 3.1)). (6) If an Australian legal practitioner dies, the practitioner's legal personal representative must comply with this section as if the representative were the practitioner. (7) This section does not affect any other requirements under this part. LEGAL PROFESSION ACT 2006 - SECT 245 Examination of affairs in relation to examination of trust records etc (1) An external examiner appointed to examine a law practice's trust records may examine the affairs of the practice for the purposes of and in relation to an examination of the trust records. (2) If the law practice is an incorporated legal practice or multidisciplinary partnership, the reference in subsection (1) to the affairs of the practice includes the affairs of the legal practice or partnership or of an associate, so far as they are relevant to trust money, trust records and associated matters. (3) A reference in this subdivision and chapter 6 (Investigations) to "trust records" includes a reference to the affairs of a law practice that may be examined under this section in an examination of the practice's trust records. LEGAL PROFESSION ACT 2006 - SECT 246 Carrying out examinations (1) Chapter 6 (Investigations) applies to an external examination under this subdivision. (2) Subject to chapter 6, an external examination of trust records is to be carried out in accordance with the regulations. (3) Without limiting subsection (2), a regulation may provide for the following: (a) the standards to be adopted and the procedures to be followed by external examiners; (b) the form and content of an external examiner's report on an examination. LEGAL PROFESSION ACT 2006 - SECT 247 External examiner's report As soon as practicable after completing an external examination, an external examiner must give a written report of the examination to the licensing body. LEGAL PROFESSION ACT 2006 - SECT 248 Confidentiality by external examiner (1) In this section: "court" includes any entity with power to require the production of documents or the answering of questions. "divulge" includes communicate. "person to whom this section applies" means anyone who is, or has been-- (a) an external examiner; or (b) acting under the direction or authority of an external examiner; or (c) providing advice, expertise or assistance to an external examiner. "produce" includes allow access to. "protected information" means information about a law practice or another person that is disclosed to, or obtained by, a person to whom this section applies (the relevant person) because of the exercise of a function under this Act by the relevant person or someone else. (2) A person to whom this section applies commits an offence if-- (a) the person-- (i) makes a record of protected information about a law practice or another person; and (ii) is reckless about whether the information is protected information about a law practice or another person; or (b) the person-- (i) does something that divulges protected information about a law practice or another person; and (ii) is reckless about whether-- (A) the information is protected information about a law practice or another person; and (B) doing the thing would result in the information being divulged. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (3) This section does not apply if the record is made, or the information is divulged-- (a) under this Act or another territory law; or (b) in relation to the exercise of a function, as a person to whom this section applies, under this Act or another territory law. (4) Subsection (2) does not apply to the divulging of protected information about a law practice or another person-- (a) to the practice or person; or (b) if relevant, to an associate of the practice; or (c) with the consent of the practice or person; or (d) if divulging the information is necessary for properly conducting an examination and making the report of an examination; or (e) to an investigator or a supervisor, manager or receiver appointed under this Act; or (f) as provided in section 557 (Permitted disclosure of confidential information--ch 6). (5) A person to whom this section applies need not divulge protected information to a court, or produce a document containing protected information to a court, unless it is necessary to do so for this Act or another territory law. LEGAL PROFESSION ACT 2006 - SECT 249 Costs of examination (1) The costs of an examination are payable-- (a) for an examination under section 241 (1)--by the law practice that appointed the external examiner; and (b) for an examination under section 241 (2)--out of the fidelity fund. (2) However, for an examination under section 241 (2), the licensing body may decide-- (a) that all or part of the costs of the examination are payable by the law practice to the licensing body; and (b) the amount payable. (3) An amount decided by the licensing body under subsection (2) is a debt owing to the licensing body by the law practice whose affairs were examined. (4) Before seeking to recover the amount payable, the licensing body must give the law practice an information notice about the licensing body's decision (including the amount decided by it as being payable). (5) A person may appeal to the Supreme Court against a decision of the licensing body under subsection (2). Note See the Court Procedures Rules 2006, r 5052 (Appeals to Supreme Court--general powers) and r 5103 (Appeals to Supreme Court--time for filing notice of appeal). LEGAL PROFESSION ACT 2006 - SECT 250 Approval of ADIs for pt 3.1 (1) The licensing body may approve ADIs at which trust accounts to hold trust money may be kept. (2) The licensing body may impose conditions, of the kinds prescribed by regulation, on an approval under this section, when the approval is given or during the currency of the approval, and may amend or revoke any conditions imposed. (3) The licensing body may revoke an approval given under this section. LEGAL PROFESSION ACT 2006 - SECT 251 ADI not subject to certain obligations and liabilities (1) An ADI at which a trust account is kept by a law practice-- (a) is not under any obligation to control or supervise transactions in relation to the account or to see to the application of amounts disbursed from the account; and (b) does not have, in relation to any liability of the law practice to the ADI, any recourse or right (whether by way of set-off counterclaim, charge or otherwise) against amounts in the account. (2) Subsection (1) does not relieve an ADI from any liability to which it is subject apart from this Act. LEGAL PROFESSION ACT 2006 - SECT 252 Reports, records and information by ADIs (1) An ADI commits an offence if-- (a) a trust account is kept with the ADI; and (b) the ADI becomes aware of a deficiency in the account; and (c) the ADI fails to report the deficiency to the licensing body as soon as practicable after becoming aware of the deficiency. Maximum penalty: 50 penalty units. (2) An ADI commits an offence if-- (a) a trust account is kept with the ADI; and (b) the ADI has reason to believe that an offence has been committed in relation to the account; and (c) the ADI fails to report the belief to the licensing body as soon as practicable after forming it. Maximum penalty: 50 penalty units. (3) An ADI commits an offence if it fails to give the licensing body a report required by regulation about a trust account as required by the regulation. Maximum penalty: 50 penalty units. (4) An ADI commits an offence if-- (a) a trust account is kept with the ADI by a law practice; and (b) an investigator or external examiner produces to the ADI evidence of the appointment of the investigator or external examiner in relation to the practice; and (c) the investigator or external examiner requires the ADI-- (i) to produce for inspection or copying by the investigator or external examiner any records relating to the trust account or trust money deposited in the trust account; or (ii) to give the investigator or external examiner details of any transactions relating to the trust account or trust money; and (d) the ADI fails to comply with the requirement. Maximum penalty: 50 penalty units. (5) An offence against subsection (3) or (4) is a strict liability offence. (6) Subsections (1) to (4) apply despite any legislation or duty of confidence to the contrary. (7) An ADI or an officer or employee of an ADI is not liable for any loss or damage suffered by someone else because of-- (a) the reporting of a deficiency under subsection (1); or (b) the making or giving of a report under subsection (2) or (3); or (c) the producing of records, or the giving of details, under subsection (4). LEGAL PROFESSION ACT 2006 - SECT 253 Statutory deposits (1) A regulation may require the following: (a) a law practice to pay amounts out of a general trust account of the practice into an ADI account kept by the law society (a statutory deposit account); (b) the law society to pay interest on money in a statutory deposit account into another ADI account kept by the law society (a statutory interest account). (2) A regulation may make provision in relation to the following: (a) the type of account to be kept by the law society; (b) payments to be made to the account; (c) the use of money in the account; (d) for a statutory interest account--the person entitled to interest on the money in the account. (3) For subsection (2) (d), a regulation may require the ADI to pay interest to the law society. (4) Subject to any regulation made under subsection (2) (c) or (d), the law society may, with the Attorney-General's written consent given either generally or in a particular case, use money in a statutory interest account-- (a) to supplement from time to time the fidelity fund; and (b) to assist in the conduct of a scheme for the provision of legal aid and to provide funds to the legal aid commission; and (c) to pay or reimburse the amount of any costs and disbursements incurred by the law society council or bar council in relation to-- (i) an investigation or proceeding under chapter 4 (including deciding whether an investigation should be made or a proceeding should be started); or (ii) any other proceeding taken in the Supreme Court in relation to a legal practitioner or an unqualified person practising as a legal practitioner (including deciding whether such a proceeding should be started); and (d) to pay or reimburse the amount of any costs and disbursements incurred by the law society council or bar council in relation to-- (i) making an objection to an application for admission (including deciding whether an objection should be made); or (ii) assisting the Supreme Court in relation to an application for admission; and (e) to assist the law society council or bar council to facilitate a mediation under part 4.3; and (f) to assist in the conduct and maintenance of a course of training for the practice of law; and (g) to pay the amount of any costs incurred by the law society in administering amounts deposited with the law society under this part; and (h) to meet the costs of administering the account. (5) Subject to any regulation made under subsection (2) (c) or (d), the law society must, in accordance with the Attorney-General's written request, pay an amount from the account to the ACAT trust account. (6) This section applies despite any other provision of this part. LEGAL PROFESSION ACT 2006 - SECT 254 Restrictions on receipt of trust money (1) A law practice (other than an incorporated legal practice) must not receive trust money unless a principal holds an Australian practising certificate authorising the receipt of trust money. (2) If a law practice that is an Australian legal practitioner who is a sole practitioner, or an incorporated legal practice, contravenes subsection (1) the practitioner or practice commits an offence. Maximum penalty: 50 penalty units. (3) If a law practice that is a law firm, or a multidisciplinary partnership, contravenes subsection (1) each principal of the practice commits an offence. Maximum penalty: 50 penalty units. Note For this part, a reference to a law practice includes the principals of the law practice (see s 218 (Liability of principals of law practices under pt 3.1)). (4) An incorporated legal practice commits an offence if-- (a) the practice receives trust money; and (b) none of the following subparagraphs applies: (i) at least 1 legal practitioner director of the practice holds an Australian practising certificate authorising the receipt of trust money; (ii) a person is holding an appointment under section 109 (Incorporated legal practice without legal practitioner director) in relation to the practice and the person holds an Australian practising certificate authorising the receipt of trust money; (iii) the money is received during a period during which the practice-- (A) does not have a legal practitioner director; and (B) is not in default of director requirements under section 109; but there was, immediately before the start of the period, at least 1 legal practitioner director of the practice who held an Australian practising certificate authorising the receipt of trust money. Maximum penalty: 50 penalty units. (5) An offence against subsection (2), (3) or (4) is a strict liability offence. LEGAL PROFESSION ACT 2006 - SECT 255 Application of pt 3.1 to incorporated legal practices and multidisciplinary partnerships (1) The obligations imposed on law practices by this part, and any other provisions of this Act relating to trust money and trust accounts, apply to an incorporated legal practice or multidisciplinary partnership only in relation to legal services provided by the practice or partnership. (2) A regulation may provide that prescribed provisions of this part, and any other provisions of this Act relating to trust money and trust accounts, do not apply to incorporated legal practices or multidisciplinary partnerships or apply to them with prescribed changes. Note This Act is defined in the dictionary. LEGAL PROFESSION ACT 2006 - SECT 256 Application of pt 3.1 to community legal centres (1) A regulation may provide that a provision of this part, or any other provision of this Act relating to trust money and trust accounts, does not apply to a complying community legal centre or applies with prescribed changes. (2) For the application of a provision of this part, or any other provision of this Act relating to trust money and trust accounts, to a complying community legal centre-- (a) the obligations and rights of an Australian legal practitioner under the provision extends to a complying community legal centre that is a corporation, but only in relation to legal services provided by the centre; and (b) money received by an Australian legal practitioner on behalf of someone else in the course of practising as an Australian legal practitioner includes money received by anyone who is an officer or employee of, or whose services are used by, a complying community legal centre on behalf of someone else in the course of providing legal services. LEGAL PROFESSION ACT 2006 - SECT 257 Disclosure--money not received as trust money (1) If money entrusted to a law practice by a person is not trust money because it is money to which section 212 (Money involved in financial services or investments) applies or because of a determination under section 213 (Determinations about status of money), the law practice must give the person notice in accordance with subsection (2) that-- (a) the money is not trust money for this Act and is not subject to any supervision, investigation or audit requirements of this Act; and (b) a claim against the fidelity fund under this Act cannot be made in relation to the money. Maximum penalty: 50 penalty units. (2) Notice under subsection (1) must be given-- (a) when the money is entrusted to the law practice; or (b) if a determination under section 213 that the money is not trust money is made after the money is entrusted to the law practice--not later than 7 days after the day the determination is made. (3) A regulation may make provision in relation to the way notice must be given and the contents of the notice. (4) If a law practice that is an Australian legal practitioner who is a sole practitioner, or an incorporated legal practice, contravenes subsection (1), the practitioner or practice commits an offence. Maximum penalty: 50 penalty units. (5) If a law practice that is a law firm, or a multidisciplinary partnership, contravenes subsection (1), each principal of the practice commits an offence. Maximum penalty: 50 penalty units. (6) An offence against subsection (4) or (5) is a strict liability offence. LEGAL PROFESSION ACT 2006 - SECT 258 Disclosure of accounts used to hold money entrusted to legal practitioners (1) If a law practice or any legal practitioner associate of the law practice holds money entrusted to the law practice or legal practitioner associate, the law practice must give the licensing body the details required by regulation for each account of the law practice kept at an ADI in which the money is held. Maximum penalty: 50 penalty units. (2) This section applies whether or not the money is trust money and whether or not section 212 (Money involved in financial services or investments) applies or a determination under section 213 (Determinations about status of money) has been made in relation to the money. (3) If a law practice that is an Australian legal practitioner who is a sole practitioner, or an incorporated legal practice, contravenes subsection (1), the practitioner or practice commits an offence. Maximum penalty: 50 penalty units. (4) If a law practice that is a law firm, or a multidisciplinary partnership, contravenes subsection (1), each principal of the practice commits an offence. Maximum penalty: 50 penalty units. (5) An offence against subsection (3) or (4) is a strict liability offence. LEGAL PROFESSION ACT 2006 - SECT 259 Unclaimed trust money (1) If an amount of trust money held by a law practice becomes an unclaimed amount, the practice must pay the amount to the Territory, by paying it to the public trustee, not later than 1 month after the day the amount becomes an unclaimed amount. (2) An amount of trust money held by a law practice becomes an "unclaimed amount" if-- (a) the amount has been held by the practice for a period of 6 years during which the practice has had no knowledge of the existence or address of the person on whose behalf the amount is held; or (b) the person on whose behalf the amount is held failed to accept payment of the amount when tendered. (3) A person who claims to be entitled to an unclaimed amount that has been paid to the public trustee may apply to a court for an order declaring that the person is entitled to the amount. (4) The public trustee must pay a person an amount that was paid to the public trustee under subsection (1) if-- (a) the public trustee is satisfied that the person is entitled to the amount; or (b) a court has declared that the person is entitled to the amount. LEGAL PROFESSION ACT 2006 - SECT 260 Regulations and legal profession rules--pt 3.1 A regulation or the legal profession rules may make provision in relation to-- (a) the establishment, keeping and closure of general trust accounts and controlled money accounting; and (b) the way of receiving, depositing, withdrawing, making records about and otherwise dealing with an accounting for trust money; and (c) without limiting paragraph (a) or (b)-- (i) the keeping and reconciliation of trust records; and (ii) the establishment and keeping of trust ledger accounts; and (iii) the establishment and keeping of records about controlled money and transit money; and (iv) the establishment and keeping of registers of powers and estates where trust money is involved; and (v) the recording of information about the investment of trust money; and (vi) the giving of statements about trust money; and (d) the notification to the licensing body of information relating directly or indirectly to matters to which this part relates, including information about-- (i) trust accounts, trust money and trust records; and (ii) the proposed or actual termination of a law practice that holds trust money; and (iii) the proposed or actual termination of engaging in legal practice in the ACT by a law practice that holds trust money; and (iv) the proposed or actual restructuring of the business of a law practice so that it no longer holds or no longer will hold trust money; and (e) the creation and exercise of liens over trust money; and (f) providing exemptions, or for the giving of exemptions, from all or any requirements of this part. LEGAL PROFESSION ACT 2006 - SECT 261 Definitions--pt 3.2 In this part: "conditional costs agreement" means a costs agreement that provides that the payment of some or all of the legal costs is conditional on the successful outcome of the matter to which the costs relate, as mentioned in section 283, but does not include a costs agreement to the extent to which section 285 (1) (Contingency fees prohibited) applies. "costs agreement" means an agreement about the payment of legal costs. "costs assessment "means an assessment of legal costs under division 3.2.7. "disbursements" includes outlays. "itemised bill" means a bill that states in detail how the legal costs are made up in a way that would allow them to be assessed under division 3.2.7. "litigious matter" means a matter that involves, or is likely to involve, the issue of proceedings in a court or tribunal, and includes a matter at any time after-- (a) proceedings have been started in a court or tribunal; or (b) if proceedings have not been started in a court or tribunal--proceedings in a court or tribunal have become likely. "lump sum bill" means a bill that describes the legal services to which it relates and states the total amount of the legal costs. "public authority "means an entity established for a public purpose by or under a Territory law, or the law of the Commonwealth, a State or another Territory. "scale of costs" means the scale of costs prescribed by rules made under the Court Procedures Act 2004. "sophisticated client "means a client to whom, because of section 272 (1) (c) or (d) (Exceptions to requirement for disclosure), disclosure under section 269 (Disclosure of costs to client) or section 270 (1) (Disclosure if another law practice is to be retained) is not, or was not, required. "third party payer"--see section 261A. "uplift fee "means additional legal costs (excluding disbursements) payable under a costs agreement on the successful outcome of the matter to which the agreement relates. LEGAL PROFESSION ACT 2006 - SECT 261A Terms relating to third party payers (1) In this part: (a) a person is a "third party payer", in relation to a client of a law practice if the person-- (i) is not the client; and (ii) either-- (A) is under a legal obligation to pay all or any part of the legal costs for legal services provided to the client; or (B) being under that obligation, has paid all or a part of the legal costs; and (b) a third party payer is an associated third party payer if the legal obligation mentioned in paragraph (a) is owed to the law practice, whether or not it is also owed to the client of someone else; and (c) a third party payer is a non-associated third party payer if the legal obligation mentioned in paragraph (a) is owed to the client or someone else but not to the law practice. (2) The legal obligation mentioned in subsection (1) can arise by or under contract or legislation. (3) A law practice that retains another law practice to act on behalf of a client is not for that reason a third party payer in relation to the client. LEGAL PROFESSION ACT 2006 - SECT 262 Purposes--pt 3.2 The purposes of this part are as follows: (a) to provide for law practices to make disclosures to clients about legal costs; (b) to regulate the making of costs agreements in relation to legal services, including conditional costs agreements; (c) to regulate the billing of costs for legal services; (d) to provide a mechanism for the assessment of legal costs and the setting aside of certain costs agreements. LEGAL PROFESSION ACT 2006 - SECT 263 Application of pt 3.2--first instructions rule This part applies to a matter if the client first instructs the law practice in relation to the matter in the ACT. LEGAL PROFESSION ACT 2006 - SECT 264 Pt 3.2 also applies by agreement or at client's election (1) This part applies to a matter if-- (a) either-- (i) this part does not currently apply to the matter; or (ii) it is not possible to decide the jurisdiction in which the client first instructs the law practice in relation to the matter; and (b) either-- (i) the legal services are or will be provided completely or primarily in the ACT; or (ii) the matter has a substantial connection with the ACT; or both; and (c) either-- (i) the client accepts, in writing or by other conduct, a written offer to enter into an agreement under subsection (2) (a) in relation to the matter; or (ii) the client gives a notification under subsection (2) (b) in relation to the matter. (2) For subsection (1) (c), the client may-- (a) accept, in writing or by other conduct, a written offer that complies with subsection (3) to enter into an agreement with the law practice that this part is to apply to the matter; or (b) notify the law practice in writing that the client requires this part to apply to the matter. (3) An offer mentioned in subsection (2) (a) must clearly state-- (a) that it is an offer to enter into an agreement that this part is to apply to the matter; and (b) that the client may accept it in writing or by other conduct; and (c) the type of conduct that will constitute acceptance of the offer. (4) A notification has no effect for subsection (2) (b) if it is given after the period of 28 days after the day the law practice discloses to the client (under a corresponding law) information about the client's right to make a notification of that kind, but nothing in this subsection prevents an agreement mentioned in subsection (2) (a) from coming into effect at any time. LEGAL PROFESSION ACT 2006 - SECT 265 Displacement of pt 3.2 (1) This section applies if this part applies to a matter because of section 263 (Application of pt 3.2--first instructions rule) or section 264 (Pt 3.2 also applies by agreement or at client's election). (2) This part ceases to apply to the matter if-- (a) either-- (i) the legal services are or will be provided completely or primarily in another jurisdiction; or (ii) the matter has a substantial connection with another jurisdiction; or both; and (b) either-- (i) the client enters under the corresponding law of the other jurisdiction into an agreement with the law practice that the corresponding provisions of the corresponding law apply to the matter; or (ii) the client notifies under the corresponding law of the other jurisdiction (and within the time allowed by the corresponding law) the law practice in writing that the client requires the corresponding provisions of the corresponding law to apply to the matter. (3) This section does not prevent the application of this part to the matter by means of a later agreement or notification under section 264. LEGAL PROFESSION ACT 2006 - SECT 266 How and where does a client first instruct a law practice? A client first instructs a law practice in relation to a matter in a particular jurisdiction if the law practice first receives instructions from or on behalf of the client in relation to the matter in that jurisdiction, whether in person or by post, telephone, fax, email or other form of communication. LEGAL PROFESSION ACT 2006 - SECT 267 When does a matter have a substantial connection with the ACT? A regulation may prescribe the circumstances in which, or the rules to be used to decide whether, a matter has or does not have a substantial connection with the ACT for this part. LEGAL PROFESSION ACT 2006 - SECT 268 What happens when different laws apply to a matter? (1) This section applies if this part applies to a matter for a period and a corresponding law applies for another period. (2) If this part applied to a matter for a period and a corresponding law applies to the matter afterwards, this part continues to apply in relation to legal costs (if any) incurred while this part applied to the matter. (3) If a corresponding law applied to a matter for a period and this part applies to the matter afterwards, this part does not apply in relation to legal costs (if any) incurred while the corresponding law applied to the matter, so long as the corresponding law continues to apply in relation to the costs. (4) However-- (a) the client may enter into a written agreement with the law practice that the cost assessment provisions of this part are to apply in relation to all legal costs incurred in relation to the matter, and division 3.2.7 (Costs assessment) accordingly applies in relation to the costs; or (b) the client may enter into a written agreement with the law practice that the cost assessment provisions of a corresponding law are to apply in relation to all legal costs incurred in relation to the matter, and division 3.2.7 accordingly does not apply in relation to the costs. (5) A written agreement mentioned in subsection (4) need not be signed by the client but in that case the client's acceptance must be communicated to the law practice by fax, email or other written form. (6) If a corresponding law applied to a matter for a period and this part applies to the matter afterwards, this part does not require disclosure of any matters to the extent that they have already been disclosed under a corresponding law. (7) This section has effect despite any other provisions of this part. LEGAL PROFESSION ACT 2006 - SECT 269 Disclosure of costs to clients (1) A law practice must disclose to a client in accordance with this division-- (a) the basis on which legal costs will be worked out, including whether a scale of costs applies to any of the legal costs; and (b) the client's right to-- (i) negotiate a costs agreement with the law practice; and (ii) receive a bill from the law practice; and (iii) request an itemised bill if the client receives a lump sum bill for more than the threshold amount; and (iv) be notified under section 276 (Ongoing obligation to disclose etc) of any substantial change to the matters disclosed under this section; and (c) that the client is not entitled to request an itemised bill if the bill is for an amount equal to or less than the threshold amount; and (d) an estimate of the total legal costs, if reasonably practicable or, if it is not reasonably practicable to estimate the total legal costs, a range of estimates of the total legal costs and an explanation of the major variables that will affect the working out of the costs; and (e) details of the intervals (if any) at which the client will be billed; and (f) the rate of interest (if any) that the law practice charges on unpaid legal costs, whether the rate is a specific rate of interest or is a benchmark rate of interest; and Note For interest a law practice may charge on unpaid legal costs, see s 281 (Interest on unpaid legal costs). (g) if the matter is a litigious matter, an estimate of-- (i) the range of costs that may be recovered if the client is successful in the litigation; and (ii) the range of costs the client may be ordered to pay if the client is unsuccessful; and (h) the client's right to progress reports in accordance with section 278 (Progress reports); and (i) details of the person whom the client may contact to discuss the legal costs; and (j) the following avenues that are open to the client if there is a dispute in relation to legal costs: (i) costs assessment under division 3.2.7; (ii) the setting aside of a costs agreement under section 288 (Setting aside costs agreements); and (k) any time limits that apply to the taking of any action mentioned in paragraph (j); and (l) that ACT law applies to legal costs in relation to the matter; and (m) information about the client's right-- (i) to accept under a corresponding law a written offer to enter into an agreement with the law practice that the corresponding provisions of the corresponding law apply to the matter; or (ii) to notify under a corresponding law (and within the time allowed by the corresponding law) the law practice in writing that the client requires the corresponding provisions of the corresponding law to apply to the matter. Note The client's right to enter into an agreement or give a notification as mentioned in par (m) will be under provisions of the law of the other jurisdiction that correspond to s 264 (Pt 3.2 also applies by agreement or at client's election). (2) For subsection (1) (f), a benchmark rate of interest is a rate of interest for the time being equal to or worked out by reference to a rate of interest that is specified or determined by an ADI or another entity and that is publicly available. (3) A regulation may make provision in relation to the use of benchmark rates of interest, and in particular in relation to permitting, regulating or preventing the use of particular benchmark rates. (4) For subsection (1) (g), the disclosure must include-- (a) a statement that an order by a court for the payment of costs in favour of the client will not necessarily cover all of the client's legal costs; and (b) if applicable, a statement that disbursements may be payable by the client even if the client enters a conditional costs agreement. (5) A law practice may disclose any or all of the details mentioned in subsection (1) (b) (i) to (iii), (h), (j), (k) and (m) in a form approved by the licensing body under section 587 and if it does so at the time the other details are disclosed as required by this section the practice is taken to have complied with this section in relation to the details disclosed. (6) In this section: "threshold amount"--see section 292 (10). LEGAL PROFESSION ACT 2006 - SECT 270 Disclosure if another law practice is to be retained (1) If a law practice intends to retain another law practice on behalf of a client, the first law practice must disclose to the client the details mentioned in section 269 (1) (a), (d), and (e) (Disclosure of costs to clients) in relation to the other law practice, in addition to any information required to be disclosed to the client under section 269. (2) A law practice retained or to be retained on behalf of a client by another law practice is not required to make disclosure to the client under section 269, but must disclose to the other law practice the information necessary for the other law practice to comply with subsection (1). Example A barrister is retained by a law firm on behalf of a client of the firm. The barrister must disclose to the firm details of the barrister's legal costs and billing arrangements and the firm must disclose the details to the client. However, the barrister is not required to make a disclosure directly to the client. 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) This section does not apply if the first law practice ceases to act for the client in the matter when the other law practice is retained. LEGAL PROFESSION ACT 2006 - SECT 271 How and when must disclosure be made to a client? (1) Disclosure under section 269 (Disclosure of costs to clients) must be made in writing before, or as soon as practicable after, the law practice is retained in the matter. (2) Disclosure under section 270 (1) (Disclosure if another law practice is to be retained) must be made in writing before, or as soon as practicable after, the other law practice is retained. (3) Disclosure made to a person before the law practice is retained in a matter is taken to be disclosure to the person as a client for section 269 and section 270. LEGAL PROFESSION ACT 2006 - SECT 272 Exceptions to requirement for disclosure (1) Disclosure under section 269 (Disclosure of costs to clients) or section 270 (1) (Disclosure if another law practice is to be retained) is not required to be made in any of the following circumstances: (a) if the total legal costs in the matter, excluding disbursements, are not likely to exceed $1 500 (exclusive of GST) or, if a higher amount is prescribed by regulation, the higher amount; (b) if-- (i) the client has received 1 or more disclosures under section 269 or section 270 (1) from the law practice in the previous 12 months; and (ii) the client has agreed in writing to waive the right to disclosure; and (iii) a principal of the law practice decides on reasonable grounds that, having regard to the nature of the previous disclosures and the relevant circumstances, the further disclosure is not justified; (c) if the client is-- (i) a law practice or an Australian legal practitioner; or (ii) a public company, a subsidiary of a public company, a large proprietary company, a foreign company, a subsidiary of a foreign company or a registered Australian body (each within the meaning of the Corporations Act); or (iii) a financial services licensee (within the meaning of the Corporations Act); or (iv) a liquidator, administrator or receiver (as respectively mentioned in the Corporations Act); or (v) a partnership that carries on the business of providing professional services if the partnership consists of more than 20 members or if the partnership would be a large proprietary company (within the meaning of the Corporations Act) if it were a company; or (vi) a proprietary company (within the meaning of the Corporations Act) formed for the purpose of carrying out a joint venture, if any shareholder of the company is a person to whom disclosure of costs is not required; or (vii) an unincorporated group of participants in a joint venture, if any member of the group is a person to whom disclosure of costs is not required and if any other member of the group who is not someone to whom disclosure of costs is not required has indicated that he or she waives the right to disclosure; or (viii) a Minister of a jurisdiction or the Commonwealth acting in the Minister's official capacity, or a government department or public authority of a jurisdiction or the Commonwealth; (d) if the legal costs or the basis on which they will be worked out has been agreed following a tender process; (e) if the client will not be required to pay the legal costs or they will not otherwise be recovered by the law practice; (f) in any circumstances prescribed by regulation. Example for par (e) a law practice acting in a matter on a pro bono basis 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) Despite subsection (1) (a), if a law practice becomes aware that the total legal costs are likely to exceed $1 500 (exclusive of GST) or, if a higher amount is prescribed by regulation, the higher amount, the law practice must disclose the matters in section 269 or section 270 (1) to the client as soon as practicable. (3) A law practice must ensure that a written record of a principal's decision that further disclosure in a matter is not justified as mentioned in subsection (1) (b) is made and kept with the files relating to the matter. (4) The reaching of a decision mentioned in subsection (3) otherwise than on reasonable grounds can be unsatisfactory professional conduct or professional misconduct on the part of the principal. (5) This section does not affect or take away from a client's right-- (a) to progress reports in accordance with section 278 or section 270 (1); or (b) to obtain reasonable information from the law practice in relation to any of the matters mentioned in section 269 or section 270 (1); or (c) to negotiate a costs agreement with a law practice and to obtain a bill from the law practice. LEGAL PROFESSION ACT 2006 - SECT 273 Additional disclosure--settlement of litigious matters (1) If a law practice negotiates the settlement of a litigious matter on behalf of a client, the practice must disclose to the client, before the settlement is executed-- (a) a reasonable estimate of the amount of legal costs payable by the client if the matter is settled (including any legal costs of another party that the client is to pay); and (b) a reasonable estimate of any contributions towards the costs likely to be received from another party. (2) A law practice retained on behalf of a client by another law practice is not required to make a disclosure to the client under subsection (1), if the other law practice makes the disclosure to the client before the settlement is executed. LEGAL PROFESSION ACT 2006 - SECT 274 Additional disclosure--uplift fees (1) If a costs agreement involves an uplift fee, the law practice must disclose to the client in writing, before entering the agreement-- (a) the uplift fee (or the basis for working out the uplift fee); and (b) the reasons why the uplift fee is justified. (2) The disclosure under subsection (1) is in addition to any information required to be disclosed to the client under section 269 (Disclosure of costs to client). (3) A law practice is not required to make a disclosure under subsection (1) to a sophisticated client. LEGAL PROFESSION ACT 2006 - SECT 275 Form of disclosure (1) Written disclosures to a client under this division-- (a) must be expressed in clear plain language; and (b) may be in a language other than English if the client is more familiar with that language. (2) If the law practice is aware that the client cannot read, the practice must arrange for the information required to be given to a client under this division to be given orally to the client in addition to giving the written disclosure. LEGAL PROFESSION ACT 2006 - SECT 276 Ongoing obligation to disclose etc (1) A law practice must tell the client in writing of any substantial change to anything included in a disclosure under this division as soon as is reasonably practicable after the practice becomes aware of the change. (2) The legal profession rules may require a law practice to make other disclosures to a client. LEGAL PROFESSION ACT 2006 - SECT 277 Effect of failure to disclose (1) If a law practice does not disclose to a client or an associated third party payer anything required by this division to be disclosed, the client or associated third party payer (as the case may be) need not pay the legal costs unless they have been assessed under division 3.2.7. Note Under s 302 (Costs of costs assessment), the costs of an assessment in these circumstances are generally payable by the law practice. (2) A law practice that does not disclose to a client or an associated third party payer anything required by this division to be disclosed may not bring a proceeding against the client or associated third party payer (as the case may be) for the recovery of legal costs unless the costs have been assessed under division 3.2.7. (3) If a law practice does not disclose to a client or an associated third party payer anything required by this division to be disclosed and the client or associated third party payer has entered into a costs agreement with the law practice, the client or associated third party payer may also apply under section 288 (Setting aside costs agreements) for the costs agreement to be set aside. (4) If a law practice does not disclose to a client or an associated third party payer anything required by this division to be disclosed, the amount of the costs may, on an assessment of the relevant legal costs, be reduced by an amount considered by the Supreme Court to be proportionate to the seriousness of the failure to disclose. (5) If a law practice retains another law practice on behalf of a client and the first law practice fails to disclose something to the client only because the retained law practice failed to disclose relevant information to the first law practice as required by section 270 (2) (Disclosure if another law practice is to be retained), subsections (1) to (4)-- (a) do not apply to the legal costs owing to the first law practice on account of legal services provided by it, to the extent that the non-disclosure by the first law practice was caused by the failure of the retained law practice to disclose the relevant information; and (b) do apply to the legal costs owing to the retained law practice; (6) In a matter involving both a client and an associated third party payer, if disclosure has been made to 1 of them but not the other-- (a) subsection (1) does not affect the liability of the person to whom disclosure was made to pay the legal costs; and (b) subsection (2) does not prevent proceedings being maintained against the person to whom the disclosure was made for the recovery of the legal costs. (7) Failure by a law practice to comply with this division can be unsatisfactory professional conduct or professional misconduct on the part of any Australian legal practitioner or Australian-registered foreign lawyer involved in the failure. LEGAL PROFESSION ACT 2006 - SECT 278 Progress reports (1) A law practice must give a client, on reasonable request-- (a) a written report of the progress of the matter in which the law practice is retained; and (b) a written report of the legal costs incurred by the client to date, or since the last bill (if any), in the matter. (2) A law practice may charge a client a reasonable amount for a report under subsection (1) (a) but must not charge a client for a report under subsection (1) (b). (3) A law practice retained on behalf of a client by another law practice is not required to give a report to the client under subsection (1), but must disclose to the other law practice any information necessary for the other law practice to comply with that subsection. (4) Subsection (3) does not apply if the other law practice stops acting for the client in the matter when the law practice is retained. Note An associated third party payer for a client has the same right as the client to obtain reports under this section to the extent that the costs are payable by the associated third party payer (see s 281A). LEGAL PROFESSION ACT 2006 - SECT 279 On what basis are legal costs recoverable? Subject to division 3.2.2 (Application--pt 3.2), legal costs are recoverable-- (a) under a costs agreement made in accordance with division 3.2.5 or the corresponding provisions of a corresponding law; or (b) if paragraph (a) does not apply--in accordance with an applicable scale of costs; or (c) if neither paragraph (a) nor (b) applies--according to the fair and reasonable value of the legal services provided. Note See s 300 (2) for the criteria that are to be applied on a costs assessment to decide whether legal costs are fair and reasonable. LEGAL PROFESSION ACT 2006 - SECT 280 Security for legal costs A law practice may take reasonable security from a client for legal costs (including security for the payment of interest on unpaid legal costs), and may refuse to act or stop acting for a client who does not provide reasonable security. LEGAL PROFESSION ACT 2006 - SECT 281 Interest on unpaid legal costs (1) A law practice may charge interest on unpaid legal costs if the costs are unpaid for 30 days or longer after the day the practice gave a bill for the costs in accordance with this part. Example A law practice gives a client a bill for costs on 1 May 2008. The bill remains unpaid on 1 June 2008, that is, for longer than 30 days after the day the practice gave the client the bill. The law practice may charge interest on those costs for the period that the costs remain unpaid, beginning on 2 May 2008. 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) A law practice may also charge interest on unpaid legal costs in accordance with a costs agreement. (3) A law practice must not charge interest on unpaid legal costs under subsection (1) or (2) unless the bill for the costs states-- (a) that interest is payable on unpaid costs; and (b) the rate of interest; and (c) for interest payable in accordance with a costs agreement--that the interest is payable under the agreement. (4) Interest charged under subsection (1) or (2) must not exceed-- (a) if a rate is prescribed by regulation--that rate; or (b) if a rate is not prescribed by regulation--the rate applying under the Court Procedures Rules 2006, schedule 2, part 2.2 (Interest after judgment). (5) Subsection (1) applies to a bill of costs given in the form of a lump sum bill even if the client later requests or is later given an itemised bill. Note A person may request an itemised bill not later than 90 days after the person receives a lump sum bill (see s 292). LEGAL PROFESSION ACT 2006 - SECT 281A Disclosure to associated third party payers (1) If a law practice is required to make a disclosure to a client of the practice under this division, the practice must, in accordance with subsections (2) and (3), also make the same disclosure to any associated third party payer for the client, but only to the extent that the details of matters disclosed are relevant to the associated third party payer and relate to costs that are payable by the associated third party payer in relation to legal services provided to the client. (2) The disclosure must be made in writing-- (a) at the time the disclosure to the client is required under this division; or (b) if the law practice only afterwards becomes aware of the legal obligation of the associated third party payer to pay legal costs of the client--as soon as practicable after the practice became aware of the obligation. (3) Section 275 (Form of disclosure) applies to a disclosure under this section in the same way as it applies to a client. (4) An associated third party payer for a client of a law practice has the same right as the client to obtain reports under section 278 (Progress reports) of legal costs incurred by the client, but only to the extent that the costs are payable by the associated third party payer in relation to legal services provided to the client. LEGAL PROFESSION ACT 2006 - SECT 282 Making costs agreements (1) A costs agreement may be made-- (a) between a client and a law practice retained by the client; or (b) between a client and a law practice retained on behalf of the client by another law practice; or (c) between a law practice and another law practice that retained that law practice on behalf of a client; or (d) between a law practice and an associated third party payer. (2) A costs agreement must be written or evidenced in writing. (3) A costs agreement may consist of a written offer in accordance with subsection (4) that is accepted in writing or by other conduct. Note Acceptance by other conduct is not permitted for conditional costs agreements (see s 283 (3) (c) (i)). (4) The offer must clearly state-- (a) that it is an offer to enter into a costs agreement; and (b) that the offer can be accepted in writing or by other conduct; and (c) the kind of conduct that will be acceptance. Example for par (c) continuing to instruct the law practice in the matter after receiving the offer 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). (5) Except as provided by section 300A (Assessment of costs by reference to costs agreement), a costs agreement cannot provide that the legal costs to which it relates are not subject to costs assessment under division 3.2.7. Note If it attempts to do so, the costs agreement will be void (see s 287 (1)). (6) A reference in section 288 (Setting aside costs agreements) and in any prescribed provisions of this part to a client is, in relation to a costs agreement that is entered into between a law practice and an associated third party payer as mentioned in subsection (1) (d) and to which a client of the law practice is not a party, a reference to the associated third party payer. LEGAL PROFESSION ACT 2006 - SECT 283 Conditional costs agreements (1) A costs agreement may provide that the payment of some or all of the legal costs is conditional on the successful outcome of the matter to which the costs relate. Note 1 This is a conditional costs agreement (see s 261, def conditional costs agreement). Note 2 The Civil Law (Wrongs) Act 2002, pt 14.1 (Maximum costs for certain personal injury damages claims) and pt 14.2 (Costs in damages claims if no reasonable prospects of success) contain limitations on legal costs. (2) A conditional costs agreement may relate to any matter, except a matter that involves a criminal proceeding or a proceeding under the Family Law Act 1975 (Cwlth). (3) A conditional costs agreement-- (a) must set out the circumstances that constitute the successful outcome of the matter to which it relates; and (b) may provide for disbursements to be paid irrespective of the outcome of the matter; and (c) must be-- (i) in writing; and (ii) in clear plain language; and (iii) signed by the client; and (d) must contain a statement that the client has been told of the client's right to seek independent legal advice before entering into the agreement; and (e) must contain a cooling-off period of not less than 5 business days during which the client may, by written notice, terminate the agreement. (4) Subsection (3) (c) (iii), (d) and (e) do not apply to a conditional costs agreement made under section 282 (1) (c) (which are costs agreements between law practices). (5) Subsection (3) (c) (iii), (d) and (e) also do not apply to a conditional costs agreement made with a sophisticated client. (6) If a client terminates a conditional costs agreement within the period mentioned in subsection (3) (e), the law practice-- (a) may recover only the legal costs in relation to legal services performed for the client before the termination that were performed on the instructions of the client and with the client's knowledge that the legal services would be performed during the period; and (b) without limiting paragraph (a), may not recover the uplift fee (if any). LEGAL PROFESSION ACT 2006 - SECT 284 Conditional costs agreements involving uplift fees (1) A conditional costs agreement may provide for the payment of an uplift fee. Note The Civil Law (Wrongs) Act 2002, pt 14.1 (Maximum costs for certain personal injury damages claims) and pt 14.2 (Costs in damages claims if no reasonable prospects of success) contain limitations on legal costs. (2) The basis for working out the uplift fee must be separately identified in the agreement. (3) The agreement must contain an estimate of the uplift fee or, if that is not reasonably practicable-- (a) a range of estimates of the uplift fee; and (b) an explanation of the major variables that will affect the amount of the uplift fee. (4) If a conditional costs agreement relates to a litigious matter-- (a) the agreement must not provide for the payment of an uplift fee unless the law practice has a reasonable belief that a successful outcome of the matter is reasonably likely; and (b) the uplift fee must not exceed 25% of the legal costs (excluding disbursements) otherwise payable. (5) A law practice must not enter into a costs agreement in contravention of this section. (6) If a law practice that is an Australian legal practitioner who is a sole practitioner, or an incorporated legal practice, contravenes subsection (5), the practitioner or practice commits an offence. Maximum penalty: 50 penalty units. (7) If a law practice that is a law firm, or a multidisciplinary partnership, contravenes subsection (5), each principal of the practice commits an offence Maximum penalty: 50 penalty units. Note For this part, a reference to a law practice includes the principals of the law practice (see s 307 (Liability of principals of law practices under pt 3.2)). LEGAL PROFESSION ACT 2006 - SECT 285 Contingency fees prohibited (1) A law practice must not enter into a costs agreement under which the amount payable to the practice, or any part of that amount, is worked out by reference to the amount of any award or settlement or the value of any property that may be recovered in any proceeding to which the agreement relates. (2) Subsection (1) does not apply to the extent that the costs agreement adopts an applicable scale of costs. (3) If a law practice that is an Australian legal practitioner who is a sole practitioner, or an incorporated legal practice, contravenes subsection (1), the practitioner or practice commits an offence. Maximum penalty: 50 penalty units. (4) If a law practice that is a law firm, or a multidisciplinary partnership, contravenes subsection (1), each principal of the practice commits an offence. Maximum penalty: 50 penalty units. Note For this part, a reference to a law practice includes the principals of the law practice (see s 307 (Liability of principals of law practices under pt 3.2)). LEGAL PROFESSION ACT 2006 - SECT 286 Effect of costs agreement (1) Subject to this division and division 3.2.7 (Costs assessment), a costs agreement may be enforced in the same way as any other contract. (2) Mediation may be used to resolve a dispute over an amount claimed to be payable to a law practice under a costs agreement. LEGAL PROFESSION ACT 2006 - SECT 287 Certain costs agreements void (1) A costs agreement that contravenes, or is entered into in contravention of, any provision of this division is void. (2) Subject to this section and division 3.2.7 (Costs assessment), legal costs under a void costs agreement are recoverable as set out in section 279 (b) or (c) (On what basis are legal costs recoverable?). (3) However, a law practice is not entitled to recover any amount in excess of the amount that the practice would have been entitled to recover if the costs agreement had not been void and must repay any excess amount received. (4) A law practice that has entered into a costs agreement in contravention of section 284 (Conditional costs agreements involving uplift fees) is not entitled to recover the uplift fee or any part of it and must repay any amount received in relation to the uplift fee to the person from whom it was received. (5) A law practice that has entered into a costs agreement in contravention of section 285 (Contingency fees prohibited) is not entitled to recover any amount in relation to the provision of legal services in the matter to which the costs agreement related and must repay any amount received in relation to the services to the person from whom it was received. Note An amount that is required to be repaid under s (3), (4) or (5) may be recovered as a debt in a court of competent jurisdiction (see Legislation Act, s 177). LEGAL PROFESSION ACT 2006 - SECT 288 Setting aside costs agreements or provisions of costs agreements (1) On application by a client who is a party to a costs agreement with a law practice, the Supreme Court may order that the agreement or a provision of the agreement be set aside if satisfied that the agreement or provision is not fair or reasonable. Note Section 277 (3) also allows a client to apply under this section for an order setting aside a costs agreement if the law practice concerned has failed to disclose to the client anything required by div 3.2.3 to be disclosed. (2) The Supreme Court may set aside-- (a) a provision only of a costs agreement even though the client has applied for the whole agreement to be set aside; or (b) the whole of a costs agreement even though the client has applied only to have a provision of the agreement set aside. (3) In deciding whether or not a costs agreement is fair or reasonable, the Supreme Court may have regard to any or all of the following matters: (a) whether the client was induced to enter into the agreement by the fraud or misrepresentation of the law practice or of any representative of the practice; (b) whether any Australian legal practitioner or Australian-registered foreign lawyer acting on behalf of the law practice has been found guilty of unsatisfactory professional conduct or professional misconduct in relation to the provision of legal services to which the agreement relates; (c) whether the law practice failed to make any of the disclosures required under division 3.2.3 (Costs disclosure); (d) the circumstances and conduct of the parties before and when the agreement was made; (e) the circumstances and conduct of the parties in the matter after the agreement was made; (f) whether and how the agreement addresses the effect on costs of matters and changed circumstances that might foreseeably arise and affect the extent and nature of legal services provided under the agreement; (g) whether and how billing under the agreement addresses changed circumstances affecting the extent and nature of legal services provided under the agreement; (h) any other relevant matter. (4) The Supreme Court may adjourn the hearing of an application under this section until the completion of any investigation or determination of any information in relation to the conduct of any Australian legal practitioner or Australian-registered foreign lawyer. (5) If the Supreme Court orders that a costs agreement or a provision of a costs agreement be set aside, it may make an order in relation to the payment of legal costs the subject of the agreement or the provision of the agreement. (6) In making an order under subsection (5), the Supreme Court must decide the fair and reasonable legal costs in relation to the work to which the agreement or the provision of the agreement related, taking into account-- (a) the seriousness of the conduct of the law practice or any Australian legal practitioner or Australian-registered foreign lawyer acting on its behalf; and (b) whether or not it was reasonable to carry out the work; and (c) whether or not the work was carried out in a reasonable way. (7) In making an order under subsection (5), the Supreme Court must not order the payment of an amount in excess of the amount that the law practice would have been entitled to recover if the costs agreement or the provision of the costs agreement had not been set aside. (8) For subsection (5), the Supreme Court may have regard to any or all of the following matters: (a) whether the law practice and any Australian legal practitioner or Australian-registered foreign lawyer acting on its behalf complied with this Act; Note This Act is defined in the dictionary. (b) any disclosures made by the law practice under division 3.2.3 (Costs disclosure), or the failure to make any disclosures required under that division; (c) any relevant advertisement about-- (i) the law practice's costs; or (ii) the skills of the law practice or of any Australian legal practitioner or Australian-registered foreign lawyer acting on its behalf; (d) the skill, labour and responsibility displayed on the part of the Australian legal practitioner or Australian-registered foreign lawyer responsible for the matter; (e) the retainer and whether the work done was within the scope of the retainer; (f) the complexity, novelty or difficulty of the matter; (g) the quality of the work done; (h) the place where, and circumstances in which, the work was done; (i) the time within which the work was required to be done; (j) any other relevant matter. Example--par (j) a scale of costs 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). (9) The Supreme Court may decide whether or not a costs agreement exists. (10) The Supreme Court may order the payment of the costs of and incidental to a hearing under this section. (11) In this section: "client "means a person to whom or for whom legal services are or have been provided. Note See also s 282 (6) which extends the application of this section to associated third party payers. LEGAL PROFESSION ACT 2006 - SECT 289 Legal costs cannot be recovered unless bill has been given (1) A law practice must not start a legal proceeding to recover legal costs from a person until at least 30 days after the day the practice has given a bill to the person in accordance with section 290 (Bills) and section 291 (Notification of client's rights). (2) A court of competent jurisdiction may make an order authorising a law practice to start a legal proceeding against a person sooner if satisfied that-- (a) the practice has given a bill to the person in accordance with section 290 and section 291; and (b) the person is about to leave the ACT. (3) A court or tribunal before which any proceeding is brought in contravention of subsection (1) must stay the proceeding on the application of a party, or on its own initiative. (4) This section applies whether or not the legal costs are the subject of a costs agreement. LEGAL PROFESSION ACT 2006 - SECT 290 U Bills [See Endnotes] [Note: This provision was uncommenced at republication date.] (1) A bill may be in the form of a lump sum bill or itemised bill. (2) A bill must be signed on behalf of a law practice by an Australian legal practitioner or an employee of the law practice. (3) It is sufficient compliance with subsection (2) if a letter signed on behalf of a law practice by an Australian legal practitioner or an employee of the law practice is attached to, or enclosed with, the bill. (4) A bill or letter is taken to have been signed by a law practice that is an incorporated legal practice if it has the practice's seal attached to it or is signed by a legal practitioner director of the practice or an officer or employee of the practice who is an Australian legal practitioner. (5) A bill is to be given to a person-- (a) by giving it personally to the person or to an agent of the person; or (b) by sending it by prepaid post to the person or agent at-- (i) the usual or last-known business or residential address of the person or agent; or (ii) an address nominated for the purpose by the person or agent; or (c) by leaving it for the person or agent at-- (i) the usual or last-known business or residential address of the person or agent; or (ii) an address nominated for the purpose by the person or agent; with a person at the premises who is apparently at least 16 years old and apparently employed or living there. (6) A reference in subsection (5) to any method of giving a bill to a person includes a reference to arranging for the bill to be given to that person by that method (for example, by delivery by courier). 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). (7) Despite anything in subsections (2) to (6), a bill may be given to a client electronically if the client asks for the bill to be given electronically. (8) In this section: "agent", of a person, means an agent, law practice or Australian legal practitioner who has authority to accept service of legal process on behalf of the person. LEGAL PROFESSION ACT 2006 - SECT 291 Notification of client's rights (1) A bill must include or be accompanied by a written statement setting out-- (a) the following avenues that are open to the client if there is a dispute in relation to legal costs: (i) costs assessment under division 3.2.7; (ii) the setting aside of a costs agreement under section 288 (Setting aside costs agreements); and (b) any time limits that apply to the taking of any action mentioned in paragraph (a). Note These matters will already have been disclosed under s 269 (1) (Disclosure of costs to clients). (2) Subsection (1) does not apply in relation to a sophisticated client. (3) A law practice may provide the written statement mentioned in subsection (1) in a form approved by the licensing body under section 587 and if it does so the practice is taken to have complied with this section in relation to the statement. LEGAL PROFESSION ACT 2006 - SECT 292 Request for itemised bill (1) This section applies if a lump sum bill is given by a law practice for legal costs exceeding the threshold amount. (2) Any person who is entitled to apply for an assessment of the legal costs to which the bill relates may ask the law practice for an itemised bill. (3) A request under subsection (2) must be made not later than 90 days after the day the lump sum bill is given to the client. (4) The law practice must comply with the request as soon as practicable. (5) If the person making the request is liable to pay only a part of the legal costs to which the bill relates, the request for an itemised bill may only be made in relation to the costs that the person is liable to pay. (6) A law practice must not start any proceeding to recover legal costs from a person who has been given a lump sum bill until at least 90 days after the day the person is given the bill. (7) However, if the person asks for an itemised bill under this section, the law practice must not start any proceeding to recover the legal costs from the person until at least 30 days after the day the person is given an itemised bill. (8) A law practice is not entitled to charge a person for the preparation of an itemised bill under this section. (9) Section 290 (2) and (5) apply to the giving of an itemised bill under this section. (10) In this section: "threshold amount "means-- (a) $1 500 (exclusive of GST and disbursements); or (b) if a higher amount is prescribed by regulation--the higher amount. LEGAL PROFESSION ACT 2006 - SECT 293 Interim bills (1) A law practice may give a person an interim bill covering part only of the legal services the practice was retained to provide. (2) Legal costs that are the subject of an interim bill may be assessed under division 3.2.7, either at the time of the interim bill or at the time of the final bill, whether or not the interim bill has previously been paid. LEGAL PROFESSION ACT 2006 - SECT 294 Definition--div 3.2.7 In this division: "client "means a person to whom or for whom legal services are or have been provided. LEGAL PROFESSION ACT 2006 - SECT 294A Application by client or third party payer for costs assessment (1) A client may apply to the Supreme Court for an assessment of all or any part of legal costs. (2) A third party payer may apply to the Supreme Court for an assessment of all or any part of legal costs payable by the third party payer. (3) An application for a costs assessment may be made even if the legal costs have been completely or partly paid. (4) If any legal costs have been paid without a bill, the client or third party payer may nevertheless apply for a costs assessment. (5) An application by a client or third party payer for a costs assessment under this section must be made not later than 12 months after-- (a) the day the bill was given or the request for payment was made to the client or third party payer; or (b) the day the costs were paid if neither a bill was given nor a request was made. (6) However, an application that is made out of time may be dealt with if the Supreme Court, on its own initiative or on application by the client or third party payer who made the application for assessment, determines, after having regard to the delay and the reasons for delay, that it is just and fair for the application for assessment to be dealt with after the 12-month period. (7) Subsection (6) does not apply to an application by-- (a) a sophisticated client; or (b) a third party payer who would be a sophisticated client if the third party payer were a client of the law practice concerned. (8) If the third party payer is a non-associated third party payer, the law practice must give the third party payer, on the written request of the third party payer, sufficient information to allow the third party payer to consider making, and to make, an application for a costs assessment under this section. (9) If there is an associated third party payer for a client of a law practice-- (a) this section does not prevent-- (i) the client from applying for assessment under this section in relation to costs for which the client is solely liable; and (ii) the associated third party payer from applying for assessment under this section in relation to costs for which the associated third party is solely liable; and (b) applications mentioned in paragraph (a) (i) and (ii) may be made at the same time or at different times and may be dealt with jointly or separately; and (c) the client or the associated third party payer-- (i) if the other of them makes an application for assessment under this section in relation to costs for which they are both liable--may participate in the costs assessment process; and (ii) is taken to be a party to the assessment and is bound by the assessment; and (d) the law practice-- (i) if an application is made under this section by the associated third party payer--must participate in the costs assessment process in the same way as the practice must participate in the process if an application is made under this section by a client; and (ii) is taken to be a party to the assessment and is bound by the assessment. (10) If there is a non-associated third party payer for a client of a law practice-- (a) this section does not prevent-- (i) the client from applying for assessment under this section in relation to costs for which the client is liable; and (ii) the non-associated third party payer from applying for assessment under this section in relation to costs for which the non-associated third party is liable; and (b) applications mentioned in paragraph (a) (i) and (ii) may be made at the same time or at different times but must be dealt with separately; and (c) the client-- (i) if the non-associated third party payer makes an application under this section in relation to the legal costs for which the non-associated third party payer is liable--may participate in the costs assessment process; and (ii) is taken to be a party to the assessment and is bound by the assessment; and (d) the law practice-- (i) must participate in the costs assessment; and (ii) is taken to be a party to the assessment; and (e) despite any provision of this division, the assessment of the costs payable by the non-associated third party payer does not affect the amount of legal costs payable by the client to the law practice. (11) In this section: "client" includes the following: (a) an executor or administrator of a client; (b) a trustee of the estate of a client. "third party payer" includes the following: (a) an executor or administrator of a third party payer; (b) a trustee of the estate of a third party payer. LEGAL PROFESSION ACT 2006 - SECT 295 Application for costs assessment by law practice retaining another law practice (1) A law practice that retains another law practice to act on behalf of a client may apply to the Supreme Court for an assessment of all or any part of the legal costs to which a bill given by the other law practice in accordance with division 3.2.6 (Billing) applies. (2) If any legal costs have been paid without a bill, the law practice may nevertheless apply for a costs assessment. (3) An application for a costs assessment may be made even if the legal costs have been completely or partly paid. (4) An application under this section must be made not later than 60 days after-- (a) the day the bill was given or the request for payment was made; or (b) the day the costs were paid if neither a bill was given nor a request was made. (5) An application cannot be made under this section if there is a costs agreement between the client and the other law practice. LEGAL PROFESSION ACT 2006 - SECT 296 Application for costs assessment by law practice giving bill (1) A law practice that has given a bill in accordance with division 3.2.6 (Billing) may apply to the Supreme Court for an assessment of all or any part of the legal costs to which the bill relates. (2) If any legal costs have been paid without a bill, the law practice may nevertheless apply for a costs assessment. (3) An application for a costs assessment may be made even if the legal costs have been completely or partly paid. (4) An application must not be made under this section unless at least 30 days have passed since-- (a) the day the bill was given or the request for payment was made; or (b) the day the costs were paid if neither a bill was given nor a request was made; or (c) an application has been made under this division by someone else in relation to the legal costs. LEGAL PROFESSION ACT 2006 - SECT 297 Form of application for costs assessment An application for a costs assessment must contain a statement by the applicant that there is no reasonable prospect of settlement of the matter by mediation. Note 1 If a form is approved under the Court Procedures Act 2004, s 8 for this provision, the form must be used. Note 2 A fee may be determined under the Court Procedures Act 2004, s 13 for this provision. LEGAL PROFESSION ACT 2006 - SECT 298 Consequences of application for costs assessment If an application for a costs assessment is made in accordance with this division-- (a) the costs assessment must take place without any money being paid into court on account of the legal costs the subject of the application; and (b) the law practice must not start a proceeding to recover the legal costs until the costs assessment has been completed. LEGAL PROFESSION ACT 2006 - SECT 299 Procedure on costs assessment If, after proper notice that a costs assessment will take place, a party to the assessment does not attend, the Supreme Court may proceed with the assessment in the absence of that party. LEGAL PROFESSION ACT 2006 - SECT 300 Criteria for costs assessment (1) In conducting an assessment of legal costs, the Supreme Court must consider-- (a) whether or not it was reasonable to carry out the work to which the legal costs relate; and (b) whether or not the work was carried out in a reasonable way; and (c) the fairness and reasonableness of the amount of legal costs in relation to the work, except to the extent that section 300A (Assessment of costs by reference to costs agreement) or section 300B (Assessment of costs by reference to scale of costs etc) applies to any disputed costs; and (d) if the costs agreement contained provision for an uplift fee under section 284 (Conditional costs agreements involving uplift fees), whether the uplift fee was justified in the circumstances. Note The Civil Law (Wrongs) Act 2002, pt 14.1 (Maximum costs for certain personal injury damages claims) contains limitations on legal costs. (2) In considering what is a fair and reasonable amount of legal costs, the Supreme Court may have regard to any or all of the following matters: (a) whether the law practice and any Australian legal practitioner or Australian-registered foreign lawyer acting on its behalf complied with this Act; Note This Act is defined in the dictionary. (b) any disclosures made by the law practice under division 3.2.3 (Costs disclosure); (c) any relevant advertisement about-- (i) the law practice's costs; or (ii) the skills of the law practice or of any Australian legal practitioner or Australian-registered foreign lawyer acting on its behalf; (d) the skill, labour and responsibility displayed on the part of the Australian legal practitioner or Australian-registered foreign lawyer responsible for the matter; (e) the retainer and whether the work done was within the scope of the retainer; (f) the complexity, novelty or difficulty of the matter; (g) the quality of the work done; (h) the place where, and circumstances in which, the legal services were provided; (i) the time within which the work was required to be done; (j) any other relevant matter. Example for par (j) any applicable scale of costs 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). LEGAL PROFESSION ACT 2006 - SECT 300A Assessment of costs by reference to costs agreement (1) The Supreme Court must assess the amount of any disputed legal costs that are subject to a costs agreement by reference to the provisions of the costs agreement if-- (a) a relevant provision of the costs agreement specifies the amount, or a rate or other means of working out the amount, of the costs; and (b) the agreement has not been set aside under section 288 (Setting aside costs agreements); unless the Supreme Court is satisfied-- (c) that the agreement does not comply in a material respect with any applicable disclosure requirements of division 3.2.3 (Costs disclosure); or (d) that division 3.2.5 (Costs agreements) prevents the law practice concerned from recovering the amount of the costs; or (e) that the parties otherwise agree. (2) The Supreme Court is not required to initiate an examination of the matters mentioned in subsection (1) (c) and (d). LEGAL PROFESSION ACT 2006 - SECT 300B Assessment of costs by reference to scale of costs etc The Supreme Court may assess the amount of any disputed legal costs that are not subject to a costs agreement by reference to anything it considers appropriate, including a scale of costs. LEGAL PROFESSION ACT 2006 - SECT 300C Recovery of assessed costs (1) This section applies if the Supreme Court assesses an amount of legal costs. (2) If an amount of the legal costs has been paid before the assessment was made, any amount by which the amount paid exceeds the amount assessed may be recovered as a debt in a court of competent jurisdiction. (3) If an amount of the legal costs has not been paid-- (a) the assessment is taken to be a judgment of the Supreme Court for the amount of the unpaid legal costs and may be enforced accordingly; and (b) the rate of interest payable on the amount is the rate applying under the Court Procedures Rules 2006, schedule 2, part 2.2 (Interest after judgment). LEGAL PROFESSION ACT 2006 - SECT 301 Law practice may be bound by lump sum bill (1) This section applies if a law practice gives a bill in the form of a lump sum bill for legal services and later gives an itemised bill for the legal services. (2) The Supreme Court may decide that the law practice is not entitled to costs exceeding the amount of the lump sum bill. LEGAL PROFESSION ACT 2006 - SECT 302 Costs of costs assessment (1) The Supreme Court must determine the costs of a costs assessment. (2) Unless the Supreme Court otherwise orders, the law practice to which the costs are payable or were paid must pay the costs of the costs assessment if-- (a) on the assessment the legal costs are reduced by 15% or more; or (b) the court is satisfied that the law practice failed to comply with division 3.2.3 (Costs disclosure). (3) Unless the Supreme Court otherwise orders, if the law practice is not, under subsection (2), liable to pay the costs of the costs assessment, the costs must be paid by the party ordered by the Supreme Court to pay the costs. LEGAL PROFESSION ACT 2006 - SECT 303 Referring matters to ACAT (1) If, on a costs assessment, the Supreme Court considers that the legal costs charged by a law practice are grossly excessive, the court must refer the matter to the ACAT to consider whether orders should be made in relation to any Australian legal practitioner or Australian-registered foreign lawyer involved. (2) If the Supreme Court considers that a costs assessment raises any other matter that may amount to unsatisfactory professional conduct or professional misconduct on the part of an Australian legal practitioner or Australian-registered foreign lawyer, the court may refer the matter to the ACAT to consider whether orders should be made in relation to an Australian legal practitioner or Australian-registered foreign lawyer. LEGAL PROFESSION ACT 2006 - SECT 304 Legal costs subject to consumer dispute not assessable (1) Despite anything to the contrary in this part, legal costs that are or have been the subject of a consumer dispute under chapter 4 (Complaints and discipline) must not be the subject of a costs assessment under this division. (2) This section is subject to section 409 (Referral of matters for costs assessment--complaint investigation). LEGAL PROFESSION ACT 2006 - SECT 304A Contracting out of div 3.2.7 by sophisticated clients A sophisticated client of a law practice, or an associated third party payer who would be a sophisticated client if the third party payer were a client of the law practice, may contract out of this division. LEGAL PROFESSION ACT 2006 - SECT 305 Application of pt 3.2 to incorporated legal practices and multidisciplinary partnerships A regulation may provide that prescribed provisions of this part do not apply to incorporated legal practices or multidisciplinary partnerships or apply to them with prescribed changes. LEGAL PROFESSION ACT 2006 - SECT 306 Imputed acts, omission or knowledge for pt 3.2 For this part-- (a) anything done or omitted by, to or in relation to-- (i) an Australian legal practitioner; or (ii) an Australian-registered foreign lawyer (except for section 284 (4) (Conditional costs agreements involving uplift fees) or for any provision of this part prescribed by regulation for this section); in the course of acting on behalf of a law practice is taken to have been done or omitted by, to or in relation to the practice; and (b) without limiting paragraph (a), the law practice is taken to become or be aware of, or to have a belief about, any matter if-- (i) an Australian legal practitioner; or (ii) an Australian-registered foreign lawyer (except for section 284 (4) or for any provision of this part prescribed by regulation for this section); becomes or is aware of, or has a belief as to, the matter in the course of acting on behalf of the practice. LEGAL PROFESSION ACT 2006 - SECT 307 Liability of principals of law practice under pt 3.2 (1) A provision of this part expressed as imposing an obligation on a law practice imposes the same obligation on the principals of the practice jointly and severally, but discharge of the practice's obligation also discharges the corresponding obligation imposed on the principals. Note A reference to an Act (or provision) includes a reference to the statutory instruments made or in force under the Act (or provision), including any regulation (see Legislation Act, s 104). (2) Accordingly, a reference in this part to a law practice includes a reference to the principals of the practice. LEGAL PROFESSION ACT 2006 - SECT 308 Definitions--pt 3.3 In this part: "approved", for a policy of indemnity insurance--see section 312. "insurable barrister" means a local legal practitioner who is a barrister, other than a practitioner who is exempted by the relevant council from the requirement to be insured under this Act. "insurable legal practitioner" means an insurable barrister or insurable solicitor. "insurable solicitor "means a solicitor who holds an unrestricted practising certificate, other than a solicitor-- (a) who has given a written undertaking to the relevant council that the solicitor will not practise during the period to which the practising certificate relates otherwise than in the course of the solicitor's employment by an entity (other than an incorporated legal practice) stated in the undertaking; or (b) who is exempted by the relevant council from the requirement to be insured under this Act. LEGAL PROFESSION ACT 2006 - SECT 309 Purpose--pt 3.3 The purpose of this part is to provide for a scheme for professional indemnity insurance to protect clients of law practices from professional negligence. LEGAL PROFESSION ACT 2006 - SECT 310 Exemptions from pt 3.3 The relevant council may exempt an Australian legal practitioner from the requirement to be insured under this Act on the grounds the council considers sufficient. LEGAL PROFESSION ACT 2006 - SECT 311 Professional indemnity insurance for insurable legal practitioners (1) The licensing body must not grant or renew a practising certificate for an insurable legal practitioner unless satisfied that there is, or will be, in force in relation to the practitioner an approved indemnity insurance policy. (2) For this section, the licensing body is entitled to accept any of the following as evidence that there is, or will be, an approved indemnity insurance policy in force in relation to an insurable legal practitioner: (a) written advice from an insurer or insurance broker that an insurer has agreed to issue the policy; (b) evidence that the premium for the policy has been received and accepted by the insurer for the issue of the policy; (c) evidence prescribed by regulation for this section. LEGAL PROFESSION ACT 2006 - SECT 312 Approval of indemnity insurance policy (1) For this Act, a policy of indemnity insurance is "approved" if-- (a) the policy is not to expire before the expiration of the practitioner's practising certificate; and (b) the policy is approved-- (i) in writing by the relevant council; or (ii) under a regulation or the legal profession rules; and (c) the conditions (if any) of the approval have been complied with. (2) If an indemnity fund has been approved under section 315 (Approval of indemnity fund) and the rules or conditions applying to the contributors to the fund require a contributor to hold a policy of professional indemnity insurance, the policy is taken to be approved for this Act. LEGAL PROFESSION ACT 2006 - SECT 312A Continuing indemnity insurance (1) An insurable legal practitioner who is issued with a practising certificate on the basis that the practitioner is, or will be, the holder of an approved indemnity insurance policy for the period of the practising certificate must-- (a) take all reasonable steps to ensure that the policy continues in force during the period; and (b) if the policy stops being in force for part of the period, obtain a replacement policy for that part of the period. (2) A failure of a legal practitioner to comply with subsection (1) can be unsatisfactory professional conduct or professional misconduct. (3) The relevant council may suspend the legal practitioner's local practising certificate while the failure by the practitioner to comply with the requirement continues. LEGAL PROFESSION ACT 2006 - SECT 313 Agreements for insurance for solicitors (1) The law society may negotiate with insurers or anyone else for the provision of indemnity insurance to a person who is, or has been, an insurable solicitor in relation to civil liability that may arise in relation to-- (a) the practice or any former practice of the solicitor; or (b) the administration of any trust or deceased estate of which the solicitor or former solicitor is, or was, a trustee or executor. (2) The law society may make-- (a) agreements for the provision of insurance mentioned in subsection (1); and (b) arrangements for establishing and keeping an account into which any amount received by the law society as a premium for the insurance is to be paid. (3) The law society may make an agreement for the provision of indemnity insurance for insurable solicitors only if the agreement provides for professional indemnity insurance to be provided to each person who-- (a) would, subject to compliance with any requirement about indemnity insurance, be entitled to have an unrestricted practising certificate granted to the person; and (b) applies under the agreement to be granted indemnity insurance that is-- (i) available under the agreement; and (ii) in relation to a period for which insurance is available under the agreement. (4) An amount paid into an account kept under subsection (2) may, before its application for the provision of insurance under this section, be invested by the law society in any way trust funds may be invested under the Trustee Act 1925. (5) In this section: "agreement" includes arrangement. LEGAL PROFESSION ACT 2006 - SECT 314 Giving information to council for insurance (1) The relevant council for a person who is, or has been, an insurable barrister or insurable solicitor may ask the person, in writing, to give the relevant council stated information, within a stated reasonable time, about-- (a) the number of people employed, or formerly employed, in the person's practice, or any former practice; or (b) the duties performed by anyone mentioned in paragraph (a); or (c) the gross income received by the person from fees in a stated period; or (d) any claims made against the person in relation to any alleged civil liability arising from-- (i) the practice or any former practice of the person; or (ii) the administration of any trust or deceased estate of which the solicitor or former solicitor is, or was, a trustee or executor; or (e) anything else prescribed by regulation or the legal profession rules. (2) A person commits an offence if the person fails to comply with a request under subsection (1). Maximum penalty 100 penalty units. (3) Subsection (3) does not apply if the person has a reasonable excuse. LEGAL PROFESSION ACT 2006 - SECT 315 Approval of indemnity fund (1) The relevant council for an Australian legal practitioner may, in writing, approve an indemnity fund to be a fund to which the practitioner may make contributions. (2) Without limiting subsection (1), an approval may be given in relation to a fund established under a corresponding law. (3) An approval is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. (4) In this section: "indemnity fund" means a fund established to assist in meeting claims against Australian legal practitioners in relation to the conduct of the practitioner's practice other than claims involving a dishonest act or omission. LEGAL PROFESSION ACT 2006 - SECT 316 Definitions--pt 3.4 In this part: "capping and sufficiency provisions" means: (a) for the ACT--section 348 (Caps on payments from fidelity fund) and section 349 (Sufficiency of fidelity fund); or (b) for another jurisdiction--the provisions of the corresponding law of that jurisdiction that correspond to those sections. "claim" means a claim under this part. "claimant" means a person who makes a claim under this part. "concerted interstate default" means a default of a law practice arising from or constituted by an act or omission-- (a) that was committed jointly by 2 or more associates of the practice; or (b) parts of which were committed by different associates of the practice or different combinations of associates of the practice; if the ACT is the relevant jurisdiction of at least 1 of the associates and another jurisdiction is the relevant jurisdiction of at least 1 of the associates. "default", in relation to a law practice, means-- (a) a failure of the practice to pay or deliver trust money or trust property that was received by the practice in the course of legal practice by the practice, if the failure arises from an act or omission of an associate that involves dishonesty; or (b) a fraudulent dealing with trust property that was received by the practice in the course of legal practice by the practice, if the fraudulent dealing arises from or is constituted by an act or omission of an associate that involves dishonesty. "dishonesty" includes fraud. "pecuniary loss", in relation to a default, means-- (a) the amount of trust money, or the value of trust property, that is not paid or delivered; or (b) the amount of money that a person loses or is deprived of, or the loss of value of trust property, because of a fraudulent dealing. "relevant jurisdiction"--see section 327. LEGAL PROFESSION ACT 2006 - SECT 317 Time of default--pt 3.4 (1) This section applies for the purpose of deciding which jurisdiction's law applies in relation to a default. (2) The default is taken to have happened when the act or omission giving rise to or constituting the default happened. (3) An omission is taken to have happened on the day on or by which the act not performed ought reasonably to have been performed or on another day decided in accordance with the regulations. LEGAL PROFESSION ACT 2006 - SECT 318 Purpose--pt 3.4 The purpose of this part is to establish and maintain a fund to provide a source of compensation for defaults by law practices arising from or constituted by acts or omissions of associates. LEGAL PROFESSION ACT 2006 - SECT 319 Application--pt 3.4 This part does not apply to a default of the law practice of a barrister. LEGAL PROFESSION ACT 2006 - SECT 320 Establishment etc of fidelity fund (1) The Solicitors' Fidelity Fund of the Australian Capital Territory (the fidelity fund) is established. Note The Legislation Act, dict, pt 1, defines establish as including continue in existence. (2) The fidelity fund consists of-- (a) contributions and levies paid under this part; and (b) income from the investment of money of the fund; and (c) amounts paid into the fund from a statutory interest account; and (d) amounts recovered by the law society under this part; and (e) any other amounts that may lawfully be paid into the fund. (3) The law society must pay all moneys of the fidelity fund into a separate account for the fund kept at an ADI. (4) The assets of the fidelity fund, and the accounts in relation to it, must be kept separate from other assets and accounts of the law society. (5) The costs of exercising the functions of the law society under this part and the costs of enforcing a right given to the law society or the law society council under this part must be paid out of the fidelity fund. (6) In this section: "statutory interest account"--see section 253 (Statutory deposits). LEGAL PROFESSION ACT 2006 - SECT 321 Investment of fidelity fund The money of the fidelity fund must, as far as practicable, be invested by the law society in any way trust funds may be invested under the Trustee Act 1925. LEGAL PROFESSION ACT 2006 - SECT 322 Audit of fidelity fund (1) The law society must have the accounts of the fidelity fund audited annually by a registered company auditor within the meaning of the Corporations Act. (2) The law society must give a copy of the report of each audit to the Attorney-General. LEGAL PROFESSION ACT 2006 - SECT 323 Contributions to fidelity fund (1) A solicitor must, not later than each 30 June, pay to the law society the contribution to the fidelity fund decided by the law society council for the period of 12 months beginning on the following 1 July. (2) However, if a solicitor applies for a practising certificate for a period of less than 12 months, the solicitor must, in relation to the period, pay to the law society a contribution that bears to the contribution decided under subsection (1) the same proportion as the period bears to a year. LEGAL PROFESSION ACT 2006 - SECT 324 Levy to supplement fidelity fund (1) If, at any time, the law society council considers that the fidelity fund is not sufficient to satisfy the law society's liabilities in relation to the fund, the council may impose a levy of the amount that it considers appropriate for payment into the fund. (2) The levy is payable to the law society, on the day fixed by the law society council, by each local legal practitioner who holds a current unrestricted practising certificate on that day. (3) However, the law society council may extend the time for payment of a levy by a local legal practitioner. LEGAL PROFESSION ACT 2006 - SECT 325 Insurance of fidelity fund (1) The law society may arrange with an insurer for the insurance of the fidelity fund. (2) Without limiting subsection (1), the law society may arrange for the insurance of the fidelity fund against particular claims. (3) The proceeds paid under a policy of insurance against particular claims are to be paid into the fidelity fund, and a claimant is not entitled to have direct recourse to the proceeds or any part of them. (4) No liability (including liability in defamation) is incurred by a protected person in relation to anything done or omitted to be done honestly for the purpose of arranging for the insurance of the fidelity fund. (5) In this section: "protected person" means-- (a) the law society; or (b) a member of the law society council; or (c) any member of the staff of the law society; or (d) anyone acting at the direction of the law society or the law society council. LEGAL PROFESSION ACT 2006 - SECT 326 Borrowing for fidelity fund The law society cannot borrow money for the purposes of the fidelity fund. LEGAL PROFESSION ACT 2006 - SECT 327 Meaning of relevant jurisdiction--pt 3.4 (1) The relevant jurisdiction of an associate of a law practice whose act or omission (whether alone or with 1 or more other associates of the practice) gives rise to or constitutes a default of the practice is decided under this section. Note The concept of an associate's relevant jurisdiction is used to decide the jurisdiction whose fidelity fund is liable for a default of a law practice arising from an act or omission committed by the associate. The relevant jurisdiction for an associate is in some cases the associate's home jurisdiction. (2) For a default involving trust money received in Australia (whether or not it was paid into an Australian trust account), the relevant jurisdiction of the associate is-- (a) if the trust money was paid into an Australian trust account and if the associate (whether alone or with a cosignatory) was authorised to withdraw any or all of the trust money from the only or last Australian trust account in which the trust money was held before the default--the jurisdiction under whose law that trust account was kept; or (b) in any other case--the associate's home jurisdiction. (3) For a default involving trust money received outside Australia and paid into an Australian trust account, the relevant jurisdiction of the associate is-- (a) if the associate (whether alone or with a cosignatory) was authorised to withdraw any or all of the trust money from the only or last Australian trust account in which the trust money was held before the default--the jurisdiction under whose law that trust account was kept; or (b) in any other case--the associate's home jurisdiction. (4) For a default involving trust property received in Australia, or received outside Australia and brought to Australia, the relevant jurisdiction of the associate is the associate's home jurisdiction. Note Section 353 (Defaults involving interstate elements if committed by 1 associate only) provides that the law society council may treat the default as consisting of 2 or more defaults for the purpose of deciding the liability of the fidelity fund. LEGAL PROFESSION ACT 2006 - SECT 328 Defaults to which pt 3.4 applies (1) This part applies to a default of a law practice arising from or constituted by an act or omission of 1 or more associates of the practice, if the ACT is the relevant jurisdiction of the only associate or 1 or more of associates involved. (2) It is immaterial where the default happens. (3) It is immaterial that the act or omission giving rise to or constituting a default is not an offence against a territory law or the law of another jurisdiction or the Commonwealth or that a proceeding has not been started or finished in relation to an offence of that kind. LEGAL PROFESSION ACT 2006 - SECT 329 Defaults relating to financial services or investments (1) This part does not apply to a default of a law practice to the extent that the default happens in relation to money or property that is entrusted to or held by the practice 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 another person 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), this part does not apply to a default of a law practice to the extent that the default happens in relation to money or property that is entrusted to or held by the practice for or 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), this part does not apply to a default of a law practice to the extent that the default happens in relation to money or property that is entrusted to or held by the practice for investment purposes, whether on its own account or as an agent, 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. LEGAL PROFESSION ACT 2006 - SECT 330 Claims about defaults (1) A person who suffers pecuniary loss because of a default to which this part applies may make a claim against the fidelity fund to the law society about the default. Note If a form is approved under s 331 for this provision, the form must be used. (2) The law society council may require the person who makes a claim to do either or both of the following: (a) to give further information about the claim or any dispute to which the claim relates; (b) to verify the claim, or any further information, by statutory declaration. LEGAL PROFESSION ACT 2006 - SECT 331 Approved form for claims (1) The law society council may approve forms for claims against the fidelity fund. Note For other provisions about forms, see the Legislation Act, s 255. (2) If the law society council approves a form for claims against the fidelity fund, the form must be used. (3) A form is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. LEGAL PROFESSION ACT 2006 - SECT 332 Time limit for making claims against fidelity fund (1) Subject to section 334 (Time limit for making claims against fidelity fund following advertisement), a claim must not be made against the fidelity fund in relation to a default unless the prospective claimant tells the law society in writing of the default-- (a) not later than 6 months after the day the prospective claimant becomes aware of the default; or (b) within a further period allowed by the law society council; or (c) if the Supreme Court allows further time after the law society council refuses to allow a further period--within a period allowed by the Supreme Court. (2) The Supreme Court or law society council may allow a further period mentioned in subsection (1) if satisfied that-- (a) it would be reasonable to allow the further period after taking into account all ascertained and contingent liabilities of the fidelity fund; and (b) it would be appropriate to allow the further period in the particular case having regard to matters the Supreme Court or law society council considers relevant. LEGAL PROFESSION ACT 2006 - SECT 333 Advertisements about defaults by law practices (1) If the law society council considers that there has been, or may have been, a default by a law practice, it may publish either or both of the following: (a) a notice that seeks information about the default; (b) a notice that invites claims about the default and fixes a final date after which claims relating to the default cannot be made. (2) The final date fixed by the notice must be a date that is-- (a) at least 3 months later than the date of the first or only publication of the notice; and (b) not more than 12 months after the date of the first or only publication of the notice. (3) The notice must be published-- (a) in a newspaper circulating generally throughout Australia; and (b) in a newspaper circulating generally in each jurisdiction where the law practice-- (i) has an office; or (ii) at any relevant time had an office; if known to the law society council; and (c) on the internet site (if any) of the law society. (4) The law society council may provide information to anyone making inquiries in response to the notice. (5) Apart from extending the period during which claims may be made under this part (if relevant), publication of the notice does not give any entitlements in relation to any claim or the default to which it relates or provide any grounds affecting the deciding of any claim. (6) Neither the publication honestly of a notice under this section, nor the provision of information honestly under this section, subjects a protected person to any liability (including liability in defamation). (7) In this section: "protected person" means-- (a) the law society; or (b) a member of the law society council; or (c) the proprietor, editor or publisher of the newspaper; or (d) an internet service provider or internet content host; or (e) a member of the staff of any entity mentioned in this definition; or (f) a person acting at the direction of any entity mentioned in this definition. LEGAL PROFESSION ACT 2006 - SECT 334 Time limit for making claims against fidelity fund following advertisement (1) This section applies if the law society council publishes a notice under section 333 (Advertisements about defaults by law practices) fixing a final date after which claims relating to a default cannot be made. (2) A claim may be made-- (a) up to and including the final date fixed under the notice; or (b) within a further period allowed by the law society council; or (c) if the Supreme Court allows further time after the law society council refuses to allow a further period--within a period allowed by the Supreme Court; even though it would have been barred under section 332 (Time limit for making claims against fidelity fund) had the notice not been published. (3) The Supreme Court or law society council may allow a further period mentioned in subsection (2) if satisfied that-- (a) it would be reasonable to allow the further period after taking into account all ascertained and contingent liabilities of the fidelity fund; and (b) it would be appropriate to allow the further period in the particular case having regard to matters the Supreme Court or law society council considers relevant. LEGAL PROFESSION ACT 2006 - SECT 335 Claims not affected by certain matters (1) A claim may be made about a law practice's default despite a change in the status of the practice or the associate concerned after the act or omission giving rise to or constituting the default happened. (2) A claim that has been made is not affected by a later change in the status of the practice or associate. (3) For this section, a change in status includes-- (a) for a law practice that is or was a partnership--a change in its membership or staffing or its dissolution; and (b) for a law practice that is or was an incorporated legal practice--a change in its directorship or staffing or its winding up or dissolution); and (c) for an associate of a law practice who is or was an Australian legal practitioner--the fact that the associate has ceased to practise or to hold an Australian practising certificate; and (d) for an associate of a law practice--the associate's death. LEGAL PROFESSION ACT 2006 - SECT 336 Investigation of claims The law society council may investigate a claim made to it, including the default to which it relates, in any way it considers appropriate. LEGAL PROFESSION ACT 2006 - SECT 337 Advance payments for claims (1) The law society council may, at its absolute discretion, make payments to a claimant in advance of deciding a claim if satisfied that-- (a) the claim is likely to be allowed; and (b) payment is justified to alleviate hardship. (2) Any payments made in advance are to be taken into account when the claim is decided. (3) Payments under this section are to be made from the fidelity fund. (4) If the claim is disallowed, the amounts paid under this section are recoverable by the law society as a debt owing to the fidelity fund. (5) If the claim is allowed but the amount payable is less than the amount paid under this section, the excess paid under this section is recoverable by the law society as a debt owing to the fidelity fund. LEGAL PROFESSION ACT 2006 - SECT 338 Deciding claims generally (1) The law society council may decide a claim by completely or partly allowing or disallowing it. (2) The law society council must decide a claim by the end of 12 months after the day the claim is made. (3) The law society council may disallow a claim to the extent that the claim does not relate to a default for which the fidelity fund is liable. (4) The law society council may completely or partly disallow a claim, or reduce a claim, to the extent that-- (a) the claimant knowingly assisted in or contributed towards, or was a party or accessory to, the act or omission giving rise to the claim; or (b) the negligence of the claimant contributed to the loss; or (c) the conduct of the transaction with the law practice in relation to which the claim is made was illegal, and the claimant knew or ought reasonably to have known of the illegality; or (d) proper and usual records were not brought into existence during the conduct of the transaction, or were destroyed, and the claimant knew or ought reasonably to have known that records of that kind would not be kept or would be destroyed; or (e) the claimant has, in relation to the investigation of the claim, unreasonably refused to disclose information or documents to, or cooperate with-- (i) the law society council; or (ii) any other authority (including, for example, an investigative or prosecuting authority). 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). (5) Subsections (2) and (3) do not limit the law society council's power to disallow a claim on any other ground. (6) Without limiting subsection (2) or (3), the law society council may reduce the amount otherwise payable on a claim to the extent the council considers appropriate if satisfied-- (a) that the claimant assisted in or contributed towards, or was a party or accessory to, the act or omission giving rise to the claim; or (b) that the claimant unreasonably failed to mitigate losses arising from the act or omission giving rise to the claim; or (c) that the claimant has unreasonably hindered the investigation of the claim. (7) The law society council must, in allowing a claim, decide the amount payable. LEGAL PROFESSION ACT 2006 - SECT 339 Maximum amount allowable for claim (1) The amount payable in relation to a default must not exceed the pecuniary loss resulting from the default. (2) This section does not apply to costs payable under section 340 (Costs in relation to claims) or to interest payable under section 341 (Interest in relation to claims). LEGAL PROFESSION ACT 2006 - SECT 340 Costs in relation to claims (1) If the law society council completely or partly allows a claim, the council must order payment of the claimant's reasonable legal costs involved in making and proving the claim, unless the council considers that special circumstances exist justifying a reduction in the amount of costs or justifying a decision that no amount should be paid for costs. (2) If the law society council completely disallows a claim, the council may order payment of all or part of the claimant's reasonable legal costs involved in making and attempting to prove the claim, if the council considers it is appropriate to make the order. (3) The costs are payable from the fidelity fund. LEGAL PROFESSION ACT 2006 - SECT 341 Interest in relation to claims (1) In deciding the amount of pecuniary loss resulting from a default, the law society council must add interest on the amount payable (excluding interest), unless the council considers that special circumstances exist justifying a reduction in the amount of interest or justifying a decision that no amount of interest should be paid. (2) The interest must be worked out from the day when the claim was made to the day the law society council tells the claimant that the claim has been allowed. (3) The interest must be worked out-- (a) at the rate prescribed by regulation; or (b) if no rate is prescribed--at the rate of 5%. (4) The interest is payable from the fidelity fund. LEGAL PROFESSION ACT 2006 - SECT 342 Reduction of claim because of other benefits (1) A person is not entitled to recover from the fidelity fund any amount equal to amounts or to the value of other benefits-- (a) that have already been paid to or received by the person; or (b) that have already been decided and are payable to or receivable by the person; or (c) that (in the opinion of the law society council) are likely to be paid to or received by the person; or (d) that (in the opinion of the law society council) might, but for the person's neglect or failure, have been paid or payable to or received or receivable by the person; from other sources in relation to the pecuniary loss to which a claim relates. (2) The law society council may, at its absolute discretion, pay to a person all or part of an amount mentioned in subsection (1) (c) if satisfied that payment is justified to alleviate hardship. (3) Subsection (2) does not affect section 344 (Repayment of certain amounts paid from fidelity fund). LEGAL PROFESSION ACT 2006 - SECT 343 Subrogation on payment of claim (1) On payment of a claim from the fidelity fund, the law society council is subrogated to the rights and remedies of the claimant against anyone in relation to the default to which the claim relates. (2) Without limiting subsection (1), that subsection extends to a right or remedy against-- (a) the associate in relation to whom the claim is made; or (b) the person authorised to administer the estate of the associate in relation to whom the claim is made and who is dead or an insolvent under administration. (3) Subsection (1) does not apply to a right or remedy against an associate if, had the associate been a claimant in relation to the default, the claim would not be disallowable on any of the grounds set out in section 338 (3) (Deciding claims generally). (4) The law society council may exercise its rights and remedies under this section in its own name or in the name of the claimant. (5) If the law society council brings a proceeding under this section in the name of the claimant, it must indemnify the claimant against any costs awarded against the claimant in the proceeding. (6) The law society council may exercise its rights and remedies under this section even though any limitation periods under this part have ended. (7) The law society council must pay into the fidelity fund any amount recovered in exercising its rights and remedies under this section. LEGAL PROFESSION ACT 2006 - SECT 344 Repayment of certain amounts paid from fidelity fund (1) If-- (a) a claimant receives a payment from the fidelity fund in relation to the claim; and (b) the claimant receives or recovers from another source or sources a payment on account of the pecuniary loss; and (c) there is a surplus after deducting the amount of the pecuniary loss from the total amount received or recovered by the claimant from both or all sources; the amount of the surplus is a debt owing by the claimant to the fund. (2) However, the amount payable by the claimant cannot exceed the amount the claimant received from the fidelity fund in relation to the claim. LEGAL PROFESSION ACT 2006 - SECT 345 Notification of delay in making decision on claim (1) If the law society council considers that a claim is not likely to be decided within 12 months after the day the claim was made, the council must tell the claimant in writing that the claim is not likely to be decided within that period. (2) The notification must contain a brief statement of reasons for the delay. LEGAL PROFESSION ACT 2006 - SECT 346 Evidence in court proceedings under s 343 and certain proceedings for review etc (1) This section applies to the following proceedings: (a) a proceeding brought in a court under section 343 (Subrogation on payment of claim); (b) a proceeding for review of any of the following: (i) a decision under section 338 (Deciding claims generally) completely or partly disallowing a claim; (ii) a decision under section 338 (6) reducing the amount payable on a claim; (iii) failing to have made a decision on a claim under division 3.4.4 (Claims about defaults) by the end of 12 months after the day the claim is made. (2) Evidence of any admission or confession by, or other evidence that would be admissible against, an Australian legal practitioner or anyone else in relation to an act or omission giving rise to a claim is admissible to prove the act or omission even though the practitioner or other person is not a defendant in, or a party to, the proceeding. (3) Any defence that would have been available to the Australian legal practitioner or other person is available to the law society council. LEGAL PROFESSION ACT 2006 - SECT 347 Payments for defaults (1) The fidelity fund must be applied by the law society council for the purpose of compensating claimants in relation to claims allowed under this part in relation to defaults to which this part applies. (2) An amount payable from the fidelity fund in relation to a claim is payable to the claimant or to someone else at the claimant's direction. LEGAL PROFESSION ACT 2006 - SECT 348 Caps on payments from fidelity fund (1) A regulation may fix either or both of the following: (a) the maximum amounts, or the method of working out maximum amounts, that may be paid from the fidelity fund in relation to claims; (b) the maximum total amount, or the method of working out the maximum total amount, that may be paid from the fidelity fund in relation to all claims made in relation to law practices. (2) Amounts must not be paid from the fidelity fund that exceed the amounts fixed, or worked out by a method fixed, under subsection (1). (3) Payments from the fidelity fund in accordance with the requirements of subsection (2) are made in full and final settlement of the claims concerned. (4) Despite subsection (2), the law society council may authorise payment of a larger amount if satisfied that it would be reasonable to authorise payment of the amount after taking into account the position of the fidelity fund and the circumstances of the particular case. (5) A proceeding cannot be brought, by way of appeal or otherwise, to require the payment of a larger amount or to require the law society council to consider payment of a larger amount. LEGAL PROFESSION ACT 2006 - SECT 349 Sufficiency of fidelity fund (1) If the law society council is of the opinion that the fidelity fund is likely to be insufficient to meet the fund's ascertained and contingent liabilities, the council may do any or all of the following: (a) postpone all payments relating to all or any class of claims out of the fund; (b) impose a levy under section 324 (Levy to supplement fidelity fund); (c) make partial payments of the amounts of 1 or more allowed claims out of the fund with payment of the balance being a charge on the fund; (d) make partial payments of the amounts of 2 or more allowed claims out of the fund on a proportionate basis, with payment of the balance ceasing to be a liability of the fund. (2) In deciding whether to do any or all of the things mentioned in subsection (1), the law society council-- (a) must have regard to hardship, if relevant information is known to the council; and (b) must endeavour to treat outstanding claims equally and equitably, but may make special adjustments in cases of hardship. (3) If the law society council declares that a decision is made under subsection (1) (d)-- (a) the balance stated in the declaration stops being a liability of the fidelity fund; and (b) the council may (but need not) at any time revoke the declaration in relation to either all or a stated part of the balance, and the balance or that part of the balance again becomes a liability of the fund. (4) A decision of the law society council made under this section is final and is not subject to appeal or review. LEGAL PROFESSION ACT 2006 - SECT 350 Claims by law practices or associates about defaults (1) This section applies to a default of a law practice arising from or constituted by an act or omission of an associate of the practice. (2) A claim may be made under section 330 (Claims about defaults) by another associate of the law practice, if the associate suffers pecuniary loss because of the default. (3) A claim may be made under section 330 by the law practice, if the practice is an incorporated legal practice and it suffers pecuniary loss because of the default. LEGAL PROFESSION ACT 2006 - SECT 351 Claims by law practices or associates about notional defaults (1) This section applies if a default of a law practice arising from or constituted by an act or omission of an associate of the practice was avoided, remedied or reduced by a financial contribution made by the practice or by 1 or more other associates. (2) For this section, the default, to the extent that it was avoided, remedied or reduced, is a notional default. (3) This part applies, with necessary changes, to a notional default in the same way as it applies to other defaults of law practices, but only the law practice or the other associate or associates concerned are eligible to make claims about the notional default. Note A regulation may fix a maximum amount that may be paid in relation to a claim (see s 348). LEGAL PROFESSION ACT 2006 - SECT 352 Concerted interstate defaults (1) The law society council may treat a concerted interstate default as if the default consisted of 2 or more separate defaults-- (a) 1 of which is a default to which this part applies, if the ACT is the relevant jurisdiction of 1 or more of the associates involved; and (b) the other or others of which are defaults to which this part does not apply, if another jurisdiction or jurisdictions are the relevant jurisdictions of 1 or more of the associates involved. (2) The law society council may treat a claim about a concerted interstate default as if the claim consisted of-- (a) 1 or more claims made under this part; and (b) 1 or more claims made under a corresponding law or laws. (3) A claim about a concerted interstate default must be assessed on the basis that the fidelity funds of the relevant jurisdictions involved are to contribute-- (a) in equal shares in relation to the default, irrespective of the number of associates involved in each of those jurisdictions, and disregarding the capping and sufficiency provisions of those jurisdictions; or (b) in other shares as agreed by the law society council and the corresponding authority or authorities involved. (4) Subsection (3) does not affect the application of the capping and sufficiency requirements of the ACT in relation to the amount payable from the fidelity fund after the claim has been assessed. LEGAL PROFESSION ACT 2006 - SECT 353 Defaults involving interstate elements if committed by 1 associate only (1) This section applies to a default of a law practice arising from or constituted by an act or omission that was committed by only 1 associate of the practice, if the default involves more than 1 of the cases mentioned in section 327 (2) to (4) (Meaning of relevant jurisdiction for pt 3.4). (2) The law society council may treat the default as if the default consisted of 2 or more separate defaults-- (a) 1 of which is a default to which this part applies, if the ACT is the relevant jurisdiction; and (b) the other or others of which are defaults to which this part does not apply, if another jurisdiction or jurisdictions are the relevant jurisdictions. (3) The law society council may treat a claim about the default as if the claim consisted of-- (a) 1 or more claims made under this part; and (b) 1 or more claims made under a corresponding law or laws. (4) A claim about a default to which this section applies must be assessed on the basis that the fidelity funds of the relevant jurisdictions involved are to contribute-- (a) in equal shares in relation to the default, and disregarding the capping and sufficiency provisions of those jurisdictions; or (b) in other shares as agreed by the law society council and the corresponding authority or authorities involved. (5) Subsection (4) does not affect the application of the capping and sufficiency requirements of the ACT in relation to the amount payable from the fidelity fund after the claim has been assessed. LEGAL PROFESSION ACT 2006 - SECT 354 Protocols--pt 3.4 (1) The law society council may enter into arrangements (the protocols) with corresponding authorities in relation to matters to which this part relates. (2) Without limiting subsection (1), a regulation may authorise the making of a protocol that provides that the law society council is taken to have-- (a) requested a corresponding authority to act as agent of the council in stated cases; or (b) agreed to act as agent of a corresponding authority in stated cases. (3) A protocol is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. LEGAL PROFESSION ACT 2006 - SECT 355 Forwarding of claims (1) If a claim is made to the law society council about a default that appears to be a default to which a corresponding law applies, the council must forward the claim or a copy of it to a corresponding authority of the jurisdiction concerned. (2) If a claim is made to a corresponding authority about a default that appears to be a default to which this part applies and the claim or a copy of it is forwarded under a corresponding law to the law society council by the corresponding authority, the claim is taken-- (a) to have been made under this part; and (b) to have been made under this part when the claim was received by the corresponding authority. LEGAL PROFESSION ACT 2006 - SECT 356 Investigation of defaults to which pt 3.4 applies (1) This section applies if a default appears to be a default to which this part applies and to have-- (a) happened solely in another jurisdiction; or (b) happened in more than 1 jurisdiction; or (c) happened in circumstances in which it cannot be decided precisely in which jurisdiction the default happened. (2) The law society council may request a corresponding authority or corresponding authorities to act as agent or agents for the council for the purpose of processing or investigating a claim about the default or aspects of the claim. LEGAL PROFESSION ACT 2006 - SECT 357 Investigation of defaults to which corresponding law applies (1) This section applies if a default appears to be a default to which a corresponding law applies and to have-- (a) happened solely in the ACT; or (b) happened in more than 1 jurisdiction (including the ACT); or (c) happened in circumstances in which it cannot be decided precisely in which jurisdiction the default happened. (2) The law society council may act as agent of a corresponding authority, if requested to do so by the corresponding authority, for the purpose of processing or investigating a claim about the default or aspects of the claim. (3) If the law society council agrees to act as agent of a corresponding authority under subsection (2), the council may exercise any of its functions in relation to processing or investigating the claim or aspects of the claim as if the claim had been made under this part. LEGAL PROFESSION ACT 2006 - SECT 358 Investigation of concerted interstate defaults and other defaults involving interstate elements (1) This section applies if-- (a) a concerted interstate default appears to have happened; or (b) a default to which section 353 (Defaults involving interstate elements if committed by 1 associate only) appears to have happened. (2) The law society council may request a corresponding authority or corresponding authorities to act as agent or agents for the council for the purpose of processing or investigating a claim about the default or aspects of the claim. (3) The law society council may act as agent of a corresponding authority, if requested to do so by the corresponding authority, for the purpose of processing or investigating a claim about the default or aspects of the claim. (4) If the law society council agrees to act as agent of a corresponding authority under subsection (3), the council may exercise any of its functions in relation to processing or investigating the claim or aspects of the claim as if the claim had been made entirely under this part. LEGAL PROFESSION ACT 2006 - SECT 359 Recommendations by law society council to corresponding authorities If the law society council is acting as agent of a corresponding authority in relation to a claim made under a corresponding law, the council may make recommendations about the decision the corresponding authority might make about the claim. LEGAL PROFESSION ACT 2006 - SECT 360 Recommendations to law society council by corresponding authorities etc (1) If a corresponding authority makes recommendations about the decision the law society council might make about a claim in relation to which the corresponding authority was acting as agent of the council, the council may-- (a) make its decision about the claim in accordance with the recommendations, whether with or without further consideration, investigation or inquiry; or (b) disregard the recommendations. (2) A corresponding authority cannot, as agent of the law society council, make a decision about the claim under division 3.4.5 (Deciding claims). LEGAL PROFESSION ACT 2006 - SECT 361 Request to another jurisdiction to investigate aspects of claim (1) The law society council may request a corresponding authority to arrange for the investigation of any aspect of a claim being dealt with by the council and to provide a report on the result of the investigation. (2) A report on the result of the investigation received from-- (a) the corresponding authority; or (b) an entity authorised by the corresponding authority to conduct the investigation; may be used and taken into consideration by the law society council in the course of dealing with the claim under this part. LEGAL PROFESSION ACT 2006 - SECT 362 Request from another jurisdiction to investigate aspects of claim (1) This section applies in relation to a request received by the law society council from a corresponding authority to arrange for the investigation of any aspect of a claim being dealt with under a corresponding law. (2) The law society council may conduct the investigation. (3) The provisions of this part relating to the investigation of a claim apply, with necessary changes, in relation to the investigation of the relevant aspect of the claim that is the subject of the request. (4) The law society council must provide a report on the result of the investigation to the corresponding authority. LEGAL PROFESSION ACT 2006 - SECT 363 Cooperation with other authorities for pt 3.4 (1) In dealing with a claim under this part involving a law practice or an Australian legal practitioner, the law society council may consult and cooperate with another entity that has powers under the corresponding law of another jurisdiction in relation to the practice or practitioner. (2) For subsection (1), the law society council and the other entity may exchange information about the claim. LEGAL PROFESSION ACT 2006 - SECT 364 Interstate legal practitioner becoming authorised to withdraw from local trust account (1) This section applies to an interstate legal practitioner who (whether alone or with a cosignatory) becomes authorised to withdraw money from a local trust account. (2) A regulation may do either or both of the following: (a) require the practitioner to tell the law society council of the authorisation in accordance with the regulation; (b) require the practitioner to make contributions to the fidelity fund in accordance with the regulation. (3) Without limiting subsection (2), a regulation may decide or provide for the deciding of any or all of the following: (a) how the notification must be made and the information or material that must be included in or to accompany the notification; (b) the amount of the contributions, their frequency and how they must be made. (4) The interstate legal practitioner must comply with the applicable requirements of a regulation under this section. LEGAL PROFESSION ACT 2006 - SECT 365 Application of pt 3.4 to incorporated legal practices (1) A regulation may provide that a provision of this part, or any other provision of this Act relating to the fidelity fund, does not apply to incorporated legal practices or applies to them with prescribed changes. Note This Act is defined in the dictionary. (2) For the application of a provision of this part, or any other provision of this Act relating to the fidelity fund, to an incorporated legal practice, a reference in the provision to a default of a law practice extends to a default of an incorporated legal practice, but only if it happens in relation to the provision of legal services. (3) This section does not affect any obligation of an Australian legal practitioner who is an officer or employee of an incorporated legal practice to comply with the provisions of this part or any other provision of this Act relating to the fidelity fund. (4) An incorporated legal practice is required to make payments to or on account of the fidelity fund under this Act as if it were an Australian lawyer applying for or holding a local practising certificate. (5) The incorporated legal practice must not engage in legal practice in the ACT if any payment is not made by the due date and while the practice remains in default of subsection (4). (6) The law society council may suspend the local practising certificate of a legal practitioner director of the practice if any payment is not made by the due date. (7) The amounts payable to the fidelity fund by an incorporated legal practice may be decided by reference to the total number of Australian legal practitioners employed by the practice and other relevant matters. LEGAL PROFESSION ACT 2006 - SECT 366 Application of pt 3.4 to multidisciplinary partnerships (1) A regulation may provide that a provision of this part, or any other provision of this Act relating to the fidelity fund, does not apply to multidisciplinary partnerships or applies to them with prescribed changes. Note This Act is defined in the dictionary. (2) For the application of a provision of this part, or any other provision of this Act relating to the fidelity fund, to a multidisciplinary partnership, a reference in the provision to a default of a law practice extends to a default of a multidisciplinary partnership or a partner or employee of a multidisciplinary partnership, whether or not anyone involved is an Australian legal practitioner, but only if it happens in relation to the provision of legal services. (3) This section does not affect any obligation of an Australian legal practitioner who is a partner or employee of a multidisciplinary partnership to comply with the provisions of this part or any other provision of this Act relating to the fidelity fund. (4) The amounts payable to the fidelity fund by the legal practitioner partners of a multidisciplinary partnership may be decided by reference to the total number of Australian legal practitioners employed by the partnership and other relevant matters. LEGAL PROFESSION ACT 2006 - SECT 367 Application of pt 3.4 to sole practitioners whose practising certificates lapse (1) This section applies if-- (a) an Australian lawyer is not an Australian legal practitioner because his or her Australian practising certificate has lapsed; and (b) the lawyer was a sole practitioner immediately before the certificate lapsed. (2) However, this section does not apply if-- (a) the practising certificate has been suspended or cancelled under this Act or a corresponding law; or (b) the lawyer's application for the grant or renewal of an Australian practising certificate has been refused under this Act or a corresponding law and the lawyer would be an Australian legal practitioner had it been granted or renewed. (3) For the other provisions of this part, the practising certificate is taken not to have lapsed, and accordingly the lawyer is taken to continue to be an Australian legal practitioner. (4) Subsection (2) ceases to apply to the lawyer when whichever of the following happens first: (a) a manager or receiver is appointed under this Act for the law practice that is the lawyer as a sole practitioner; (b) the period of 6 months after the day the practising certificate actually lapsed ends; (c) the lawyer's application for the grant or renewal of an Australian practising certificate is refused under this Act or a corresponding law. LEGAL PROFESSION ACT 2006 - SECT 368 Availability of law society property for claims The fidelity fund is the only property of the law society available for payment in relation to a successful claim. LEGAL PROFESSION ACT 2006 - SECT 369 Definitions--pt 3.5 In this part: "approved policy of fidelity insurance"--see section 373 (2) (Solicitor to have fidelity cover for regulated mortgages). "ASIC exemption" means an exemption from the Corporations Act given by the Australian Securities and Investments Commission under that Act. "associate", of a solicitor, means-- (a) a partner of the solicitor, whether or not the partner is a solicitor; or (b) an employee or agent of the solicitor; or (c) a corporation, or a member of a corporation, partnership, syndicate or joint venture, in which the solicitor or a person mentioned in paragraph (a) or (b) has a beneficial interest; or (d) a co-trustee with the solicitor; or (e) a person who is in a prescribed relationship to the solicitor or to a person mentioned in paragraph (a), (b), (c) or (d). "borrower" means a person who borrows from a lender or contributor money that is secured by a mortgage. "client", of a solicitor, means a person who-- (a) receives the solicitor's advice about investment in a regulated mortgage or managed investment scheme; or (b) gives the solicitor instructions to use money for a regulated mortgage or managed investment scheme. "contributor" means a person who lends, or proposes to lend, money that is secured by a contributory mortgage arranged by a solicitor. "contributory mortgage" means a mortgage to secure money lent by 2 or more contributors as tenants in common or joint tenants, whether or not the mortgagee is someone who holds the mortgage in trust for the contributors. "financial institution" means-- (a) an ADI; or (b) a friendly society under the Life Insurance Act 1995 (Cwlth); or (c) a trustee company under the Trustee Companies Act 1947; or (d) a property trust or other corporation established by or in relation to a church that may invest money in accordance with an Act; or (e) an entity prescribed by regulation for this definition. "lender" means a person who lends, or proposes to lend, a borrower money that is secured by a mortgage. "member", of a managed investment scheme--see the Corporations Act, section 9 (Dictionary). "prescribed relationship"--a person is in a prescribed relationship to another person if the relationship is that of-- (a) a domestic partner; or (b) a child, grandchild, brother, sister, parent or grandparent (whether derived through a domestic partner or otherwise); or (c) a kind prescribed by regulation for this subsection. Note For the meaning of domestic partner, see the Legislation Act, s 169. "regulated mortgage" means a mortgage (including a contributory mortgage) other than-- (a) a mortgage under which the lender is a financial institution; or (b) a mortgage under which the lender or contributors nominate the borrower, but only if the borrower is not a person introduced to the lender or contributors by the solicitor who acts for the lender or contributors or by-- (i) an associate of the solicitor; or (ii) an agent of the solicitor; or (iii) a person engaged by the solicitor to introduce the borrower to the lender or contributors; or (c) a mortgage prescribed by regulation as exempt from this definition. "responsible entity"--see the Corporations Act, section 9 (Dictionary). "run-out mortgage" means a regulated mortgage entered into before 10 September 2002 that is not-- (a) a territory regulated mortgage; or (b) a mortgage that forms part of a managed investment scheme that is required to be operated by a responsible entity under the Corporations Act (as modified by any ASIC exemption or the regulations under that Act). "territory regulated mortgage"--a regulated mortgage is a territory regulated mortgage in relation to a solicitor if-- (a) the solicitor's practice is a territory regulated mortgage practice; and (b) the regulated mortgage does not form part of a managed investment scheme or, if it does form part of a managed investment scheme, the managed investment scheme is not required to be operated by a responsible entity under the Corporations Act (as modified by any ASIC exemption or a regulation under that Act). "territory regulated mortgage practice" means a solicitor's practice for which a nomination under section 371 (Nomination of practice as territory regulated mortgage practice) is in force. LEGAL PROFESSION ACT 2006 - SECT 370 Conduct of mortgage practices (1) A solicitor must not, in the solicitor's capacity as solicitor for a lender or contributor, negotiate the making of or act in relation to a regulated mortgage unless-- (a) the mortgage is a territory regulated mortgage; or (b) the mortgage is a run-out mortgage; or (c) the mortgage forms part of a managed investment scheme that is operated by a responsible entity. (2) A solicitor must not, in the solicitor's capacity as solicitor for a lender or contributor, negotiate the making of or act in relation to a regulated mortgage except in accordance with-- (a) the Corporations Act, or that Act as modified by any ASIC exemption or the regulations under that Act; and (b) this Act. Note This Act is defined in the dictionary. (3) A solicitor must not, in the solicitor's capacity as solicitor for a lender or contributor, negotiate the making of or act in relation to a regulated mortgage that forms part of a managed investment scheme unless the solicitor complies with any ASIC exemption that applies to managed investment schemes that-- (a) have more than 20 members; and (b) are operated under the supervision of the law society in accordance with that exemption. (4) Subsection (3) applies even if the regulated mortgage forms part of a managed investment scheme that has no more than 20 members. (5) Subsection (3) does not apply if the managed investment scheme is operated by a responsible entity. (6) A solicitor who knows that an associate has contravened subsection (1), (2) or (3) must give written notice to the law society council of that fact not later than 21 days after the day the solicitor becomes aware of the contravention. (7) A contravention of this section can be professional misconduct. LEGAL PROFESSION ACT 2006 - SECT 371 Nomination of practice as territory regulated mortgage practice (1) A solicitor who, in the solicitor's capacity as solicitor for a lender or contributor, negotiates the making of or acts in relation to a regulated mortgage, or who proposes to do so, may, by written notice given to the law society council, nominate the solicitor's practice as a territory regulated mortgage practice. (2) A nomination may, if the law society council approves, be made for a solicitor by another solicitor. Example A nomination could be made by a solicitor on behalf of members of a firm of solicitors. 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) A nomination of a solicitor's practice as a territory regulated mortgage practice takes effect on the day written notice of the nomination is given to the law society council. (4) A nomination ceases to be in force in relation to a solicitor if-- (a) the solicitor revokes the nomination by written notice given to the law society council; or (b) the solicitor's practising certificate ceases to be in force; or (c) the law society council, by written notice given to the solicitor, rejects the nomination of the solicitor's practice. (5) A nomination must include the information (if any) required by regulation and the legal profession rules. LEGAL PROFESSION ACT 2006 - SECT 372 Law society council to be notified of territory regulated mortgages (1) A solicitor commits an offence if the solicitor-- (a) in the solicitor's capacity as solicitor for a lender or contributor, negotiates the making of or acts in relation to a territory regulated mortgage; and (b) fails to give the law society council written notice of that fact in accordance with the regulations or the legal profession rules. Maximum penalty: 20 penalty units. (2) A contravention of this section can be professional misconduct. LEGAL PROFESSION ACT 2006 - SECT 373 Solicitor to have fidelity cover for regulated mortgages (1) If a solicitor, in the solicitor's capacity as solicitor for a lender or contributor, negotiates the making of or acts in relation to a regulated mortgage, the solicitor must ensure that an approved policy of fidelity insurance is in force in relation to the solicitor for the purpose of compensating people who suffer financial loss because of any dishonest failure to pay money payable under the mortgage. (2) A policy of fidelity insurance is an approved policy of fidelity insurance if: (a) the insurer and the terms of the policy have been approved for this division by the Attorney-General by written order given to the law society council; and (b) any conditions imposed by the order are complied with. (3) A solicitor commits an offence if-- (a) the solicitor, in the solicitor's capacity as solicitor for a lender or contributor, negotiates the making of or acts in relation to a regulated mortgage; and (b) an approved policy of fidelity insurance is not in force in relation to the solicitor in accordance with this section. Maximum penalty: 20 penalty units. (4) A contravention of subsection (3) can be professional misconduct. (5) This section does not apply in relation to a regulated mortgage that forms part of a managed investment scheme operated by a responsible entity. LEGAL PROFESSION ACT 2006 - SECT 374 Bar on claims against fidelity fund relating to regulated mortgages (1) A lender or contributor under a regulated mortgage is not entitled to claim against the fidelity fund to obtain compensation for a financial loss if the claim relates to a regulated mortgage for which a solicitor is required to have fidelity insurance under section 373 (Solicitor to have fidelity cover for regulated mortgages). (2) Subsection (1) does not apply if the solicitor who acts for the lender or contributor contravenes section 373 in relation to the mortgage. (3) However, any claim on the fidelity fund by a lender or contributor to whom subsection (2) relates-- (a) is to be dealt with as if the solicitor had complied with section 373; and (b) in particular, is subject to the same restrictions (including the amount of any compensation payable) as would have applied to a claim under an approved policy of fidelity insurance had such a policy been in force in relation to the solicitor in accordance with that section. LEGAL PROFESSION ACT 2006 - SECT 375 Notification of insurance arrangements for regulated mortgages (1) If a client entrusts money to a solicitor and the money, or part of the money, is proposed to be advanced to a borrower for a regulated mortgage, the solicitor must, not later than 7 days after the day the money is entrusted to the solicitor, give the client written notice that-- (a) tells the client about the effect of section 374 (Bar on claims against fidelity fund relating to regulated mortgages); and (b) includes details of the solicitor's approved policy of fidelity insurance. (2) The solicitor must not advance any of the money to a borrower for a regulated mortgage unless-- (a) the solicitor has given the client notice under subsection (1); and (b) after having been given the notice, the client has given the solicitor written authority to advance money for the mortgage. (3) A contravention of this section can be professional misconduct. (4) A contravention of this section does not limit the operation of section 374. (5) This section does not apply in relation to a regulated mortgage that forms part of a managed investment scheme operated by a responsible entity. LEGAL PROFESSION ACT 2006 - SECT 376 Failure to obtain fidelity insurance for regulated mortgage (1) The licensing body must not grant or renew a practising certificate for an applicant who is or will be required to comply with section 373 (Solicitor to have fidelity cover for regulated mortgages) unless it is satisfied that-- (a) an approved policy of fidelity insurance is, or will be, in force in relation to the applicant; and (b) the policy is, or will be, in force in relation to the applicant while the applicant's practising certificate is in force. (2) The law society council must suspend the practising certificate of a solicitor who is required to comply with section 373 unless it is satisfied that-- (a) an approved policy of fidelity insurance is in force in relation to the solicitor; and (b) the policy will remain in force in relation to the solicitor while the solicitor's practising certificate is in force. (3) The law society council must end the suspension of a solicitor's practising certificate under subsection (2) when it is satisfied of the matters mentioned in subsection (2) (a) and (b) in relation to the solicitor. (4) The law society council must suspend the entitlement under part 2.4 (Legal practice by Australian legal practitioners) to practise in the ACT of a solicitor who is required to comply with section 373 unless it is satisfied that-- (a) an approved policy of fidelity insurance is, or will be, in force in relation to the solicitor; and (b) the policy will not expire before the end of the solicitor's entitlement under part 2.4 to practise in the ACT. (5) The law society council must end the suspension of a solicitor's entitlement to practise under subsection (4) when it is satisfied of the matters mentioned in subsection (4) (a) and (b) in relation to the solicitor. LEGAL PROFESSION ACT 2006 - SECT 377 Involvement of solicitors in managed investment schemes (1) This part does not prevent a solicitor from carrying out any legal services in relation to a managed investment scheme operated by a responsible entity, or from having an interest in such a managed investment scheme or in the responsible entity for such a managed investment scheme. (2) However, if a client entrusts, or proposes to entrust, money to a solicitor to be invested in a managed investment scheme operated by a responsible entity, and the solicitor has a relevant interest in the managed investment scheme, the solicitor must give the client written notice telling the client that-- (a) the solicitor has an interest in the managed investment scheme; and (b) the operation of the managed investment scheme does not form part of the solicitor's practice; and (c) there is no right to claim against the fidelity fund for a financial loss arising from an investment in the managed investment scheme. (3) The notice must include any other information required by a regulation or the legal profession rules. (4) The solicitor must not advance the money entrusted to the solicitor to the responsible entity for the managed investment scheme or to anyone else unless the client has been given the notice. (5) A solicitor who knows that an associate has contravened subsection (2), (3) or (4) must give written notice to the law society council of that fact not later than 21 days after the day the solicitor becomes aware of the contravention. (6) A contravention of this section can be professional misconduct. (7) In this section: "relevant interest"--a solicitor has a relevant interest in a managed investment scheme if the solicitor, or an associate of the solicitor-- (a) is a director of, or concerned in, the management of the responsible entity for the managed investment scheme; or (b) is a shareholder in the responsible entity; or (c) is taken to be an agent of the responsible entity under the Corporations Act, chapter 5C; or (d) receives any financial benefit from the managed investment scheme or the responsible entity if a client of the solicitor invests in the managed investment scheme; or (e) has an interest prescribed by regulation or the legal profession rules in the managed investment scheme or the responsible entity. LEGAL PROFESSION ACT 2006 - SECT 378 Claims against fidelity fund relating to managed investment schemes connected with solicitors (1) This section applies to a person who entrusts money to a solicitor to be invested in a managed investment scheme operated by a responsible entity if the solicitor has a relevant interest in the scheme. (2) The person is not entitled to make a claim against the fidelity fund to obtain compensation for any financial loss arising from that investment if the solicitor gave notice to the person in accordance with section 377 (2) and (3) (Involvement of solicitors in managed investment schemes). (3) In this section: "relevant interest"--see section 377 (7). LEGAL PROFESSION ACT 2006 - SECT 379 Transfer of mortgages to responsible entity (1) If a solicitor, in the solicitor's capacity as solicitor for a lender or contributor, is responsible for the administration of a regulated mortgage, the solicitor must not transfer the mortgage to a responsible entity for a managed investment scheme unless the lender or contributor has given the solicitor written authority to transfer the mortgage to the responsible entity. (2) A contravention of this section can be professional misconduct. (3) In this section: "scheme property"--see the Corporations Act, section 9 (Dictionary). "transfer "a regulated mortgage to a responsible entity--a solicitor transfers a regulated mortgage to a responsible entity if the solicitor does anything that results in-- (a) a responsible entity for a managed investment scheme becoming the holder or custodian of the regulated mortgage; or (b) any money advanced in relation to the mortgage, or the property that is charged or encumbered by the mortgage, becoming scheme property of a managed investment scheme. LEGAL PROFESSION ACT 2006 - SECT 380 Law society council may require information about mortgage practices (1) The law society council may, by written notice, require a solicitor to provide information to the law society council about any of the following: (a) whether the solicitor, an associate of the solicitor or a person engaged by the solicitor negotiates the making of or acts in relation to regulated mortgages or has done so in the past; (b) details of regulated mortgages that continue to have effect; (c) whether the solicitor intends-- (i) to nominate the solicitor's practice as a territory regulated mortgage practice; or (ii) to transfer responsibility for any regulated mortgage; or (iii) to take no further action in relation to any regulated mortgage; (d) any other information, relating to regulated mortgages, prescribed by regulation or legal profession rules. (2) A solicitor who contravenes a notice under this section commits professional misconduct. LEGAL PROFESSION ACT 2006 - SECT 381 Effect of pt 3.5 on indemnity insurance This part does not affect the terms of any policy of professional indemnity insurance approved under part 3.3 (Professional indemnity insurance). LEGAL PROFESSION ACT 2006 - SECT 382 Regulations and rules--pt 3.5 (1) A regulation or the legal profession rules may make provision in relation to-- (a) regulated mortgages, including run-out mortgages; and (b) the involvement of solicitors in managed investment schemes. (2) In particular, a regulation or the legal profession rules may make provision in relation to the following: (a) the making of and acting in relation to regulated mortgages by solicitors; (b) how the law society council is to be given any notice or other information under this part; (c) how notices are to be given under this part; (d) ensuring that the operation of a managed investment scheme by a responsible entity is kept separate from a solicitor's practice; (e) ensuring that clients of a solicitor are aware that the operation of a managed investment scheme does not form part of the solicitor's practice. LEGAL PROFESSION ACT 2006 - SECT 383 Definitions--ch 4 (1) In this Act: "professional misconduct"--see section 387. "unsatisfactory employment conduct"--see section 388. "unsatisfactory professional conduct"--see section 386. (2) In this chapter: "complaint" means a complaint under this chapter. "conduct" means conduct whether consisting of an act or omission. "official complaint" means a complaint made by a council. LEGAL PROFESSION ACT 2006 - SECT 384 Purposes--ch 4 The purposes of this chapter are as follows: (a) to provide a nationally consistent scheme for the discipline of the legal profession 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 promote and enforce the professional standards, competence and honesty of the legal profession; (c) to provide a means of redress for complaints about lawyers; (d) to enable people who are not lawyers to participate in complaints and disciplinary processes involving lawyers. LEGAL PROFESSION ACT 2006 - SECT 385 Application of ch 4 to lawyers, former lawyers and former practitioners etc (1) This chapter applies, with necessary changes, to an Australian lawyer or former Australian lawyer in relation to conduct happening while the lawyer or former lawyer was an Australian lawyer, but not an Australian legal practitioner, in the same way as it applies to an Australian legal practitioner or former Australian legal practitioner. (2) This chapter applies, with necessary changes, to a former Australian legal practitioner in relation to conduct happening while the former practitioner was an Australian legal practitioner in the same way as it applies to an Australian legal practitioner. (3) This chapter applies, with necessary changes, to a former employee of a solicitor in relation to conduct happening while the former employee was an employee of the solicitor in the same way as it applies to an employee of a solicitor. LEGAL PROFESSION ACT 2006 - SECT 386 What is unsatisfactory professional conduct? In this Act: "unsatisfactory professional conduct" includes conduct of an Australian legal practitioner happening in connection with the practice of law that 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. Note See also s 389 (Conduct capable of being unsatisfactory professional conduct or professional misconduct). LEGAL PROFESSION ACT 2006 - SECT 387 What is professional misconduct? (1) In this Act: "professional misconduct" includes-- (a) unsatisfactory professional conduct of an Australian legal practitioner, if the conduct involves a substantial or consistent failure to reach or maintain a reasonable standard of competence and diligence; and (b) conduct of an Australian legal practitioner whether happening in connection with the practice of law or happening otherwise than in connection with the practice of law that would, if established, justify a finding that the practitioner is