LEGAL PROFESSION ACT 2006 - SECT 231 Reporting certain irregularities etc
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 law society council; 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 law society council; 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).