LEGAL PROFESSION ACT 2006 - SECT 120 Audit of incorporated legal practices

LEGAL PROFESSION ACT 2006 - SECT 120

    (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.