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LEGAL PROFESSION ACT 2006 - SECT 575 Functions of bar council

LEGAL PROFESSION ACT 2006 - SECT 575

Functions of bar council

    (1)     The bar council has the following functions:

        (a)     to take any step it considers necessary or proper for or in relation to the investigation under this Act of any question about—

              (i)     the conduct of a barrister; or

              (ii)     the conduct of anyone who is or was employed by a barrister in relation to the barrister's practice as a barrister; or

              (iii)     conduct that is, or may be, a contravention of part 2.2 (Reservation of legal work and legal titles); or

              (iv)     conduct that is, or may be, a contravention of part 2.7 (Legal practice—foreign lawyers);

        (b)     to appear by barrister or solicitor before, and be heard by, the Supreme Court in the exercise of a function of the Supreme Court under this Act or otherwise in relation to a barrister or locally-registered foreign lawyer registered by the bar council;

        (c)     to start proceedings for breaches of provisions of this Act;

        (d)     to appear by barrister or solicitor before, and be heard by, any court in any matter affecting the bar association or its members or in which the bar association is concerned or interested;

        (e)     to recover as a debt owing to the bar association any amount payable to the bar association under this Act;

        (f)     any other function given to the bar council under this Act or any other territory law.

Note     A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act

, s 196 and dict, pt 1, def  entity ).

    (2)     The bar council may delegate the council's functions under this Act to—

        (a)     a committee of the council; or

        (b)     a member of the staff of the bar association.

Note     For the making of delegations and the exercise of delegated functions, see the Legislation Act

, pt 19.4.

    (3)     In this section, a reference to a barrister (other than for the bar council appearing before or being heard by a court) is a reference to—

        (a)     an Australian legal practitioner to whom chapter 4 (Complaints and discipline) applies and who is, or was, the holder of a barrister practising certificate; or

        (b)     an Australian-registered foreign lawyer to whom chapter 4 applies and who is, or was, the holder of a barrister practising certificate.