LEGAL PROFESSION ACT 2006 - SECT 526 Requirements that may be imposed for investigations under ch 4
LEGAL PROFESSION ACT 2006 - SECT 526
Requirements that may be imposed for investigations under ch 4(1) For carrying out a complaint investigation in relation to an Australian lawyer, an investigator may, by notice served on the lawyer, require the lawyer to do any 1 or more of the following:
(a) to produce, at or before a stated reasonable time and at a stated reasonable place, a stated document (or a copy of the document);
(b) to produce, at a stated reasonable time and stated reasonable place, a stated document (or a copy of the document);
(c) to provide written information on or before a stated reasonable date (verified in the way, if any, stated in the requirement);
(d) to otherwise assist in, or cooperate with, the investigation of the complaint in a stated reasonable way.
Note 1 It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code
, pt 3.4).
Note 2 For how documents may be served, see the Legislation Act
, pt 19.5.
(2) For carrying out a complaint investigation in relation to an Australian lawyer, the investigator may, on production of evidence of the investigator's appointment and by written notice require an associate or former associate of a law practice of which the lawyer is or was an associate or anyone (including, for example, an ADI, auditor or liquidator but not including the lawyer) who has, or has had, control of documents relating to the affairs of the lawyer to give the investigator either or both of the following:
(a) access to the documents relating to the affairs of the lawyer the investigator reasonably requires;
(b) information relating to the affairs of the lawyer the investigator reasonably requires (verified in the way, if any, stated in the requirement).
(3) A person commits an offence if the person does not comply with a requirement made of the person under subsection (1) or (2).
Maximum penalty: 50 penalty units.
(4) Subsection (3) does not apply if the person has a reasonable excuse.