LEGAL PROFESSION ACT 2006 - SECT 390 Practitioners to whom ch 4 applies
LEGAL PROFESSION ACT 2006 - SECT 390
Practitioners to whom ch 4 applies(1) This chapter applies to an Australian legal practitioner in relation to conduct to which this chapter applies.
(2) This chapter applies—
(a) whether or not the Australian legal practitioner is a local lawyer; and
(b) whether or not the practitioner holds a local practising certificate; and
(c) whether or not the practitioner holds an interstate practising certificate; and
(d) whether or not the practitioner lives or has an office in the ACT; and
(e) whether or not the person making a complaint about the conduct lives, works or has an office in the ACT.
(3) However, this chapter does not apply to the following people:
(a) a judicial officer;
(b) a justice of the High Court;
(c) a judge of a court created by a Commonwealth Act;
(d) a judge of a court, or a judicial member of a tribunal, of a State or another Territory.
(4) A provision of this Act or any other Act that protects a person from any action, liability, claim or demand in relation to any act or omission of the person does not affect the application of this chapter to the person in relation to the act or omission.
(5) For this chapter, conduct of an Australian legal practitioner in the exercise of a function as an arbitrator is conduct happening in connection with the practice of law.
(6) However, conduct in relation to any justiciable aspect of decision-making by an arbitrator is not conduct happening in connection with the practice of law for this chapter.
(7) For this chapter, conduct of an Australian legal practitioner is not conduct happening in connection with the practice of law to the extent that it is conduct engaged in the exercise of an executive or administrative function under an Act as—
(a) a government employee or statutory office-holder; or
(b) a council or a member, officer or employee of a council.
(8) In this section:
"government employee" means a person employed in a government agency.
"judicial officer"—see the Judicial Commissions Act 1994
, dictionary.