LEGAL PROFESSION ACT 2006 - SECT 72 Professional indemnity insurance—interstate legal practitioners

LEGAL PROFESSION ACT 2006 - SECT 72

    (1)     An interstate legal practitioner commits an offence if the practitioner—

        (a)     either—

              (i)     engages in legal practice in the ACT for fee, gain or reward; or

              (ii)     represents or advertises that the practitioner is entitled to engage in legal practice in the ACT; and

        (b)     is not covered by professional indemnity insurance that—

              (i)     covers legal practice in the ACT; and

              (ii)     is for at least the relevant amount (including defence costs) unless, without affecting subparagraph (i) or (iii), the practitioner engages in legal practice only as or in the manner of a barrister; and

              (iii)     has been approved under, or complies with, any requirement of a corresponding law for the interstate practising certificate held by the practitioner.

Maximum penalty: 100 penalty units.

    (2)     This section does not apply to an interstate legal practitioner who is employed by a corporation, other than an incorporated legal practice, and who provides only in-house legal services to the corporation (or a related body corporate).

    (3)     This section does not apply to an interstate legal practitioner who—

        (a)     is a government lawyer; and

        (b)     is engaged in legal practice in the ACT only to the extent that the practitioner is exercising official functions as a government lawyer; and

        (c)     has indemnity or immunity that is provided by law and applies to the legal practice.

    (4)     In this section:

"defence costs", in relation to professional indemnity insurance covering an interstate legal practitioner, means costs (other than the claimant's costs) payable by an insurer in relation to a claim, or notification that may lead to a claim, under the policy of insurance held by the interstate legal practitioner.

"fee, gain or reward "means any form of, and any expectation of, a fee, gain or reward.

"relevant amount" means—

        (a)     if an amount is prescribed by regulation—that amount; or

        (b)     if an amount is not prescribed by regulation—$1.5 million.