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
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
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
- 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 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
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 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
- 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
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 relevant council
- 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 relevant council
- 205 Membership of professional association by Australian-registered foreign lawyers
- 206 Determination of fees by relevant council
- 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
- 278A Disclosure to associated third party payers
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
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 Bills
- 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
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
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
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 4.3--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
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
- 423A Restriction on publication of certain identifying material from
- 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 Self-incrimination 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 self-incrimination 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 Power to require name and address
- 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
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
Division 8.3.2--Rules for Australian legal practitioners and Australian-registered foreign lawyers
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—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
DICTIONARY
ENDNOTES
