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New South Wales
Legal Profession Amendment Bill 2005
Contents
Page
1 Name of Act 2
2 Com mencem ent 2
3 Amendment of Legal Profession Act 2004 No 112 2
4 Amendment of Public Notaries Act 1997 No 98 2
5 Amendment of other Acts 2
Schedules
1 Amendment of Chapter 1 of Legal Profession Act 2004 3
2 Amendment of Chapter 2 of Legal Profession Act 2004 4
3 Amendment of Chapter 3 of Legal Profession Act 2004 20
4 Amendment of Chapter 4 of Legal Profession Act 2004 32
5 Amendment of Chapter 5 of Legal Profession Act 2004 38
6 Amendment of Chapter 6 of Legal Profession Act 2004 46
7 Amendment of Chapter 7 of Legal Profession Act 2004 47
8 Amendment of Chapter 8 of Legal Profession Act 2004 48
9 Amendment of Schedule 9 to Legal Profession Act 2004 51
10 Amendment of Public Notaries Act 1997 55
11 Amendment of other Acts 59
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY, has
finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW
SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2005
New South Wales
Legal Profession Amendment Bill 2005
Act No , 2005
An Act to make amendments to the Legal Profession Act 2004 of a minor,
clarifying or machinery nature; to amend the Public Notaries Act 1997 in relation
to the powers of the Supreme Court and Legal Profession Admission Board; and
to amend certain Acts to make amendments consequential on the enactment of the
Legal Profession Act 2004; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill as
finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Legal Profession Amendment Bill 2005
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Legal Profession Amendment Act 2005.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Amendment of Legal Profession Act 2004 No 112
The Legal Profession Act 2004 is amended as set out in Schedules
19.
4 Amendment of Public Notaries Act 1997 No 98
The Public Notaries Act 1997 is amended as set out in Schedule 10.
5 Amendment of other Acts
The Acts specified in Schedule 11 are amended as set out in that
Schedule.
Page 2
Legal Profession Amendment Bill 2005
Amendment of Chapter 1 of Legal Profession Act 2004 Schedule 1
Schedule 1 Amendment of Chapter 1 of Legal
Profession Act 2004
(Section 3)
[1] Section 4 Definitions
Omit the definition of foreign lawyer from section 4 (1). Insert instead:
foreign lawyer--see the definitions of Australian-registered
foreign lawyer, interstate-registered foreign lawyer and locally
registered foreign lawyer.
[2] Section 4 (1), definition of "legal costs"
Insert "to" after "pay".
[3] Section 4 (1), definition of "trust property"
Omit "property received in the course of or in connection with the provision
of legal services by a law practice".
Insert instead "property entrusted to a law practice in the course of or in
connection with the provision of legal services by the practice".
[4] Section 4 (1), definition of "unrestricted practising certificate"
Omit paragraph (c) (iii). Insert instead:
(iii) a condition under section 41 (4),
(iv) a condition of a kind prescribed by the
regulations, and
Page 3
Legal Profession Amendment Bill 2005
Schedule 2 Amendment of Chapter 2 of Legal Profession Act 2004
Schedule 2 Amendment of Chapter 2 of Legal
Profession Act 2004
(Section 3)
[1] Section 17 Associates who are disqualified or convicted persons
Omit "If the Tribunal decides to refuse an application by a person for
approval under subsection (3) (c) or to grant the approval subject to
conditions, the person may appeal under Chapter 7 of the Administrative
Decisions Tribunal Act 1997 against the decision to an Appeal Panel of the
Tribunal." from section 17 (4).
[2] Section 17 (4)
Insert at the end of the subsection:
Note. Reviews are carried out under Chapter 5 of the Administrative
Decisions Tribunal Act 1997. Section 729A modifies the operation of that
Act. An appeal lies to the Supreme Court under section 729A against a
decision of the Administrative Decisions Tribunal.
[3] Section 18
Omit the section. Insert instead:
18 Prohibition on employment of certain lay associates
(1) This section applies to a person who is not an Australian legal
practitioner and who is or was a lay associate of a law practice
that:
(a) engages in legal practice principally in this jurisdiction,
or
(b) employs or employed the person to work principally in
this jurisdiction,
and so applies whether or not the law practice subsequently
ceased to exist or engage in legal practice principally in this
jurisdiction and whether or not any person ceases, by death or
otherwise, to be a legal practitioner associate of the law
practice.
Page 4
Legal Profession Amendment Bill 2005
Amendment of Chapter 2 of Legal Profession Act 2004 Schedule 2
(2) On application by a Council, the Tribunal may make an order
prohibiting (without approval under section 17 (Associates who
are disqualified or convicted persons)) any law practice from
employing or paying in connection with the legal practice
engaged in by the law practice a specified person to whom this
section applies, if:
(a) the Tribunal is satisfied that the person is not a fit and
proper person to be employed or paid in connection
with that legal practice, or
(b) the Tribunal is satisfied that the person has been guilty
of conduct that, if the person were an Australian legal
practitioner, would have constituted unsatisfactory
professional conduct or professional misconduct.
(3) An order under this section may apply to a specified law
practice or specified class of law practices or may apply to law
practices generally.
(4) An order under this section may be revoked by the Tribunal on
application by a Council or the person against whom the order
was made.
[4] Section 24 Eligibility for admission
Omit section 24 (4). Insert instead:
(4) The Admission Board may exempt a person from the
requirements of subsection (1) (a) or (b) or both if satisfied that
the person has:
(a) sufficient academic qualifications, or
(b) sufficient relevant experience in legal practice or
relevant service with a government department or
government agency,
or both so as to render the person eligible for admission,
whether the qualifications or experience were obtained wholly
or partly in Australia or overseas.
(4A) An exemption under subsection (4) may be given
unconditionally or subject to such conditions relating to the
obtaining of further academic qualifications or further legal
training as the Admission Board thinks appropriate.
Page 5
Legal Profession Amendment Bill 2005
Schedule 2 Amendment of Chapter 2 of Legal Profession Act 2004
[5] Section 35 Determination of applications for admission
Insert after section 35 (2):
(3) The Admission Board may require an applicant to provide such
further information as it considers relevant to its determination
of the application within such time as it specifies.
[6] Section 37A
Insert after section 37:
37A Communication with other authorities
(1) Without limiting any other functions that it has to seek or
obtain information, the Admission Board may communicate
with and obtain relevant information from such Australian or
overseas authorities as it thinks appropriate in connection with
an application under this Part.
(2) Without limiting any other power that it has to disclose
information under this Act, the Admission Board may disclose
information to such Australian and overseas authorities as it
thinks appropriate in response to a request for relevant
information, but may do so only if satisfied that it is not likely
that the information provided will be inappropriately disclosed
by such an authority.
(3) Section 722 (1) extends to the disclosure of information
received under subsection (1).
[7] Section 38 Admission rules
Omit section 38 (2) (i) and (j). Insert instead:
(i) registration and deregistration as, and the discipline of,
students-at-law and the qualifications for registration,
(j) the examination and assessment in academic subjects of
candidates for registration, students-at-law or applicants
for admission,
Page 6
Legal Profession Amendment Bill 2005
Amendment of Chapter 2 of Legal Profession Act 2004 Schedule 2
[8] Section 38 (2) (l)
Omit the paragraph. Insert instead:
(l) the exemption by the Board of a person from the
requirements of section 24 (1) (a) or (b) as provided by
section 24 (4),
[9] Section 38 (3A)
Insert after section 38 (3):
(3A) Without limiting subsection (1) or the power of the Admission
Board to delegate functions under section 718, the rules may:
(a) provide for the establishment, dissolution and
procedures of committees and subcommittees of the
Board, and
(b) confer or provide for conferring functions on any such
committee or subcommittee, including any functions of
the Board, and
(c) provide that a committee or subcommittee exercises any
of its functions in an advisory capacity or as delegate of
the Board.
[10] Part 2.3 Admission of local lawyers
Insert after Division 5:
Division 6 Miscellaneous
38A Non-compellability of certain witnesses
(1) A person referred to in section 601 (Protection from liability)
is not compellable in any legal proceedings to give evidence or
produce documents in respect of any matter in which the
person was involved in the course of the administration of this
Part.
(2) This section does not apply to:
proceedings under Part 3 of the Royal Commissions Act
(a)
1923, or
(b) proceedings before the Independent Commission
Against Corruption, or
Page 7
Legal Profession Amendment Bill 2005
Schedule 2 Amendment of Chapter 2 of Legal Profession Act 2004
a hearing under the Special Commissions of Inquiry Act
(c)
1983, or
an inquiry under the Ombudsman Act 1974.
(d)
[11] Section 41 Local practising certificates
Omit section 41 (4) and (5). Insert instead:
(4) It is a statutory condition of a local practising certificate that the
holder must not hold another local practising certificate, or an
interstate practising certificate, that is in force during the
currency of the first-mentioned local practising certificate.
[12] Section 45 Application for grant or renewal of local practising certificate
Omit "from" from section 45 (2) (a) (i). Insert instead "in".
[13] Section 45 (3A)
Insert after section 45 (3):
(3A) An Australian lawyer is not eligible to apply for the grant or
renewal of a local practising certificate in respect of a financial
year if the lawyer would also be the holder of another
Australian practising certificate for that year, but this
subsection does not limit the factors determining ineligibility to
apply for the grant or renewal of a local practising certificate.
[14] Section 45 (5)
Omit "intends". Insert instead "can reasonably be expected".
[15] Section 45 (6)(9)
Omit the subsections.
[16] Section 46 Manner of application
Insert after section 46 (4):
(5) The appropriate Council may require an applicant to provide
such further information as it considers relevant to its
determination of the application within such time as it specifies.
Page 8
Legal Profession Amendment Bill 2005
Amendment of Chapter 2 of Legal Profession Act 2004 Schedule 2
[17] Section 47
Omit the section. Insert instead:
47 Timing of application for renewal of local practising certificate
(1) An application for the renewal of a local practising certificate
must be made within:
(a) the period prescribed by the regulations as the standard
renewal period, or
(b) a later period prescribed by the regulations as the late
fee period.
(2) Those periods must be within the currency of the local
practising certificate being renewed.
(3) The appropriate Council may reject an application for renewal
made during the late fee period, and must reject an application
for renewal made outside those periods.
Note. Section 92 authorises the charging of a late fee for applications
received during the late fee period. If an application is rejected under
subsection (3), the applicant will have to apply for the grant of a new
practising certificate.
[18] Section 48 Grant or renewal of local practising certificate
Insert after section 48 (2) (a) (ii):
(iii) further information has not been provided as
required under section 46 (5), or
[19] Section 48 (7)
Insert at the end of section 48 (7) (e):
, or
(f) the required application fees and costs have not been
paid.
[20] Section 53 Statutory condition regarding practice as solicitor
Omit section 53 (3). Insert instead:
(3) A Council may exempt a person from the requirement for
supervised legal practice under subsection (1) or may reduce a
period referred to in that subsection for the person, if satisfied
Page 9
Legal Profession Amendment Bill 2005
Schedule 2 Amendment of Chapter 2 of Legal Profession Act 2004
that the person does not need to be supervised or needs to be
supervised only for a shorter period, having regard to:
(a) the length and nature of any legal practice previously
engaged in by the person, and
(b) the length and nature of any legal practice engaged in by
any person who previously supervised the person's
legal practice.
(4) An exemption under subsection (3) may be given
unconditionally or subject to such conditions as the Council
thinks appropriate.
[21] Section 58 Compliance with conditions
Omit section 58 (2).
[22] Section 60 Grounds for suspending or cancelling local practising
certificate
Omit "amending,".
[23] Section 60 (2)
Insert at the end of section 60:
(2) Subsection (1) does not limit the grounds on which conditions
may be imposed on a local practising certificate under section
50.
[24] Section 61 Amending, suspending or cancelling local practising
certificates
Omit "authority" from section 61 (1). Insert instead "Council".
[25] Section 61 (1)
Omit "(the show cause notice)".
[26] Section 61 (2) (a)
Omit "show cause notice". Insert instead "notice under subsection (1)".
Page 10
Legal Profession Amendment Bill 2005
Amendment of Chapter 2 of Legal Profession Act 2004 Schedule 2
[27] Section 61 (2) (b) and (c)
Omit "show cause" wherever occurring.
[28] Section 61 (2) (c)
Insert at the end of section 61 (2) (c) (ii):
, or
(iii) amend the certificate in a less onerous way the
Council considers appropriate because of the
representations.
[29] Section 61 (4)
Omit "the authority's". Insert instead "its".
[30] Section 61 (6)
Insert after section 61 (5):
(6) In this section, amend a certificate means amend the certificate
under section 50 during its currency, other than at the request
of the holder of the certificate.
[31] Section 65 Definition of "show cause event"
Omit "the subject" from paragraph (a) of the definition of show cause event.
Insert instead "being served with notice".
[32] Section 66 Applicant for local practising certificate--show cause event
Omit "capable of being unsatisfactory professional conduct or" from section
66 (3).
[33] Section 66 (4)
Omit the subsection. Insert instead:
(4) However, the applicant need not provide a statement under
subsection (2) if the applicant (as a previous applicant for a
local practising certificate or as the holder of a local practising
certificate previously in force) has previously provided to the
appropriate Council:
(a) a statement under this section, or
Page 11
Legal Profession Amendment Bill 2005
Schedule 2 Amendment of Chapter 2 of Legal Profession Act 2004
(b) a notice and statement under section 67,
explaining why, despite the show cause event, the applicant
considers himself or herself to be a fit and proper person to
hold a local practising certificate.
[34] Section 66 (5)
Omit "section 69". Insert instead "section 68".
[35] Section 66 (6)
Omit "a local legal practitioner". Insert instead "the applicant".
[36] Section 66 (7) (b)
Omit the paragraph. Insert instead:
(b) has provided a written statement in accordance with this
section but, in the opinion of the Council, the applicant
has failed to show in the statement that the applicant is
a fit and proper person to hold a practising certificate, or
[37] Section 66 (8)
Insert after section 66 (7):
(8) If a Council refuses to issue a local practising certificate under
subsection (7) to an applicant, the Council is not required to
exercise its functions under section 68 in relation to the
application.
[38] Section 67 Holder of local practising certificate--show cause event
Insert "written" before "notice" in section 67 (2) (a).
[39] Section 67 (3)
Omit "capable of being unsatisfactory professional conduct or".
Page 12
Legal Profession Amendment Bill 2005
Amendment of Chapter 2 of Legal Profession Act 2004 Schedule 2
[40] Section 67 (6) (b)
Omit the paragraph. Insert instead:
(b) has provided a written statement in accordance with this
section but, in the opinion of the Council, the holder has
failed to show in the statement that the holder is a fit
and proper person to hold a practising certificate, or
[41] Section 67 (7)
Insert after section 67 (6):
(7) If a Council cancels or suspends a local practising certificate
under subsection (6), the Council is not required to exercise its
functions under section 68 in relation to the matter.
[42] Section 68 Investigation and consideration of show cause event
Omit "14 days" from section 68 (2). Insert instead "28 days".
[43] Section 68 (2) (a)
Omit "or notice".
[44] Section 68 (5)
Omit "statement or notice" wherever occurring.
Insert instead "written statement".
[45] Section 70 No decision in required period--suspension of practising
certificate and referral to Commissioner
Insert "The decision of the Tribunal on the application is an original
decision for the purposes of the Administrative Decisions Tribunal Act
1997." at the end of section 70 (3).
[46] Section 75 Review of decisions by Tribunal
Insert at the end of the section:
Note. Reviews are carried out under Chapter 5 of the Administrative
Decisions Tribunal Act 1997. Section 729A modifies the operation of that
Act. An appeal lies to the Supreme Court under section 729A against a
decision of the Administrative Decisions Tribunal.
Page 13
Legal Profession Amendment Bill 2005
Schedule 2 Amendment of Chapter 2 of Legal Profession Act 2004
[47] Section 77 Relationship of this Division with Chapters 4 and 6
Omit "a Council from making a complaint" from section 77 (2).
Insert instead "a complaint from being made".
[48] Section 79
Omit the section. Insert instead:
79 Surrender of local practising certificate
The regulations may make provision for or with respect to:
(a) the surrender of a local practising certificate (and, if
appropriate, the grant or issue of another certificate), and
(b) the cancellation of a surrendered certificate, and
(c) the refund of a fee or portion of a fee paid in respect of
a surrendered certificate.
[49] Section 92
Omit the section. Insert instead:
92 Late fee
(1) This section applies if an application for a local practising
certificate is made during the late fee period.
(2) Payment of a late fee prescribed by or determined under the
regulations may, if the Council thinks fit, be required as a
condition of acceptance of the application.
[50] Section 92A
Insert after section 92:
92A Late fee for certain applications for new practising certificates
(1) This section applies if an application for the grant of a local
practising certificate to have effect during a financial year is
made to a Council by a person who was the holder of a local
practising certificate granted by the Council in respect of the
previous financial year.
Page 14
Legal Profession Amendment Bill 2005
Amendment of Chapter 2 of Legal Profession Act 2004 Schedule 2
(2) Payment of an additional fee prescribed by or determined under
the regulations may, if the Council thinks fit, be required as a
condition of acceptance of the application.
[51] Section 93 Refund of fees
Omit the section.
[52] Sections 96 and 97
Omit the sections.
[53] Section 98
Omit sections 98 and 99. Insert instead:
98 Professional indemnity insurance
An interstate legal practitioner must not engage in legal practice
in this jurisdiction or advertise that the practitioner is entitled to
engage in legal practice in this jurisdiction, unless the
practitioner:
(a) is covered by professional indemnity insurance that:
(i) covers legal practice in this jurisdiction, and
(ii) complies with the requirements prescribed under
the regulations, being requirements that are no
more onerous than the requirements under
section 403 or 406, or
(b) is employed by a corporation or by a prescribed body,
other than an incorporated legal practice, and the only
legal services provided by the practitioner in this
jurisdiction are in-house legal services.
Maximum penalty: 100 penalty units.
[54] Section 100 Extent of entitlement of interstate legal practitioner to
practise in this jurisdiction
Omit section 100 (5).
Page 15
Legal Profession Amendment Bill 2005
Schedule 2 Amendment of Chapter 2 of Legal Profession Act 2004
[55] Section 106 Register of local practising certificates
Insert after section 106 (2) (d):
(e) the removal of information from the register relating to
former holders of certificates.
[56] Section 114 Government lawyers of other jurisdictions
Insert after section 114 (2):
(2A) Without affecting the generality of subsection (1), that
subsection extends to prohibitions under section 98 relating to
professional indemnity insurance.
[57] Section 114 (3)
Omit "subsections (1) and (2)".
Insert instead "subsections (1), (2) and (2A)".
[58] Section 125 Provisions relating to requirement to notify
Omit section 125 (2).
[59] Section 141 Obligations of legal practitioner director relating to
misconduct
Omit section 141 (3).
[60] Section 168 General obligations of legal practitioner partners
Omit section 168 (3).
[61] Section 169 Obligations of legal practitioner partner relating to
misconduct
Omit section 169 (3).
[62] Section 178 Disqualified persons
Omit section 178 (2).
Page 16
Legal Profession Amendment Bill 2005
Amendment of Chapter 2 of Legal Profession Act 2004 Schedule 2
[63] Section 195 Trust money and trust accounts
Omit "Australian legal practitioners" from section 195 (1).
Insert instead "law practices".
[64] Section 197 Fidelity cover
Insert at the end of the section:
(2) The regulations may make provision for or with respect to
payments by locally registered foreign lawyers of contributions
to the Fidelity Fund.
[65] Section 203 Requirements regarding applications for grant or renewal
of registration
Omit section 203 (2) (d). Insert instead:
(d) state whether or not the applicant is a defendant or
respondent in any pending criminal or civil proceedings
in Australia or a foreign country, and
[66] Section 203 (2) (f)
Omit the paragraph. Insert instead:
(f) state:
(i) that the applicant is not otherwise personally
prohibited from carrying on the practice of law
in any place or bound by any undertaking not to
carry on the practice of law in any place, and
(ii) whether or not the applicant is subject to any
special conditions in carrying on any practice of
law in any place,
as a result of criminal, civil or disciplinary proceedings
in Australia or a foreign country, and
[67] Section 204 Grant or renewal of registration
Omit "certificate" in section 204 (1). Insert instead "registration".
Page 17
Legal Profession Amendment Bill 2005
Schedule 2 Amendment of Chapter 2 of Legal Profession Act 2004
[68] Section 205 Requirement to grant or renew registration if criteria
satisfied
Omit section 205 (1) (d). Insert instead:
(d) is satisfied the applicant demonstrates an intention to
practise foreign law in this jurisdiction within a
reasonable period after grant of registration,
[69] Section 206 Refusal to grant or renew registration
Insert at the end of section 206 (2) (g):
, or
(h) the applicant's foreign legal practice or an office at
which the applicant carries on the practice of law in a
foreign country is in receivership (however described).
[70] Section 208 Grounds for amending, suspending or cancelling local
registration
Insert at the end of the section:
(2) Subsection (1) does not limit the grounds on which conditions
may be imposed on registration as a foreign lawyer under
section 224.
[71] Section 209 Amending, suspending or cancelling registration
Omit "(the show cause notice)" from section 209 (1).
[72] Section 209 (2) (a)
Omit "show cause notice". Insert instead "notice under subsection (1)".
[73] Section 209 (2) (b) and (c)
Omit "show cause" wherever occurring.
[74] Section 213 Applicant for local registration--show cause event
Omit "capable of being unsatisfactory professional conduct or" from section
213 (4).
Page 18
Legal Profession Amendment Bill 2005
Amendment of Chapter 2 of Legal Profession Act 2004 Schedule 2
[75] Section 214 Locally registered foreign lawyer--show cause event
Insert "written" before "notice" in section 214 (2) (a).
[76] Section 214 (3)
Omit "capable of being unsatisfactory professional conduct or".
[77] Section 228 Compliance with conditions
Omit section 228 (2).
[78] Section 229 Extent of entitlement of interstate-registered foreign lawyer
to practise in this jurisdiction
Omit section 229 (5).
Page 19
Legal Profession Amendment Bill 2005
Schedule 3 Amendment of Chapter 3 of Legal Profession Act 2004
Schedule 3 Amendment of Chapter 3 of Legal
Profession Act 2004
(Section 3)
[1] Section 243 Definitions
Omit "trust money received by a law practice in respect of which there is a
written direction" from the definition of controlled money in section 243
(1).
Insert instead "money received or held by a law practice in respect of which
the practice has a written direction".
[2] Section 243 (1)
Omit "approved" from the definition of controlled money account.
[3] Section 243 (1)
Insert after the definition of controlled money account:
deposit record includes a deposit slip or duplicate deposit slip.
[4] Section 243 (1)
Omit "money received in the course of or in connection with the provision
of legal services by a law practice" from the definition of trust money.
Insert instead "money entrusted to a law practice in the course of or in
connection with the provision of legal services by the practice".
[5] Section 243 (1)
Omit paragraph (d) of the definition of trust records. Insert instead:
(d) deposit records,
[6] Section 244 Money involved in financial services or investments
Omit "or property" from section 244 (3) (a).
Page 20
Legal Profession Amendment Bill 2005
Amendment of Chapter 3 of Legal Profession Act 2004 Schedule 3
[7] Section 252
Omit the section. Insert instead:
252 Barristers not to receive money on behalf of other persons
A barrister is not, in the course of practising as a barrister, to
receive money on behalf of another person.
[8] Section 253 Maintenance of general trust account
Omit section 253 (3). Insert instead:
(3) Subsection (1) does not apply to a law practice in respect of
any period during which the practice receives only either or
both of the following:
(a) controlled money,
(b) transit money received in a form other than cash.
[9] Section 254 Certain trust money to be deposited in general trust
account
Omit "As soon as" from section 254 (1).
Insert instead "Subject to section 258A, as soon as".
[10] Section 254 (2)
Omit "A law practice".
Insert instead "Subject to section 258A, a law practice".
[11] Section 254 (4)
Omit the subsection.
[12] Section 257 Transit money
Omit "A law practice" from section 257 (1).
Insert instead "Subject to section 258A, a law practice".
[13] Section 258 Trust money subject to specific powers
Omit "A law practice" from section 258 (1).
Insert instead "Subject to section 258A, a law practice".
Page 21
Legal Profession Amendment Bill 2005
Schedule 3 Amendment of Chapter 3 of Legal Profession Act 2004
[14] Section 258A
Insert after section 258:
258A Trust money received in the form of cash
(1) General trust money
Trust money (other than controlled money and money that is
the subject of a power) received in the form of cash must be
deposited in a general trust account of the law practice
concerned.
(2) If the law practice has a written direction by an appropriate
person to deal with trust money referred to in subsection (1)
otherwise than by depositing it in a general trust account of the
practice, the trust money must be deposited in the general trust
account before it is otherwise dealt with in accordance with the
direction, despite anything to the contrary in the direction.
(3) Controlled money
Controlled money received in the form of cash must be
deposited in a controlled money account in accordance with
section 256.
(4) Transit money
Transit money received in the form of cash must be deposited
in a general trust account of the law practice concerned before
it is otherwise dealt with in accordance with the instructions
relating to the money, despite anything to the contrary in the
instructions.
(5) Trust money subject of a power
Trust money that is received in the form of cash and is the
subject of a power must be deposited in a general trust account
(or a controlled money account in the case of controlled
money) of the law practice concerned before it is otherwise
dealt with in accordance with the power, despite anything to the
contrary in the power or any relevant direction.
Page 22
Legal Profession Amendment Bill 2005
Amendment of Chapter 3 of Legal Profession Act 2004 Schedule 3
[15] Section 271
Omit the section. Insert instead:
271 When costs of investigation are debt
(1) If:
(a) an investigator states in his or her report of an
investigation that there is evidence that a breach of this
Act or the regulations has been committed or that fraud
or defalcation has been committed, and
(b) the Law Society Council is satisfied that the breach is
wilful or of a substantial nature,
the Council may decide that the whole or part of the costs of
carrying out the investigation is payable to the Council and may
specify the amount payable.
(2) The amount specified by the Law Society Council is a debt
owing to the Council by the law practice whose affairs are
under investigation.
[16] Section 282 Reports, records and information
Insert "rule of law or" after "any" in section 282 (5).
[17] Section 290 Payment of certain costs and expenses from Fund
Omit "section 653" from section 290 (1) (h). Insert instead "section 652".
[18] Section 290 (1) (j)
Omit ", as provided for in section 607 (Costs of administering Part)".
[19] Section 290 (1) (l)
Insert "or the Commissioner" after "Council" in section 290 (1) (l).
[20] Section 290 (1) (m)
Insert "or costs disputes under Division 8 of Part 3.2" after "Chapter 4".
Page 23
Legal Profession Amendment Bill 2005
Schedule 3 Amendment of Chapter 3 of Legal Profession Act 2004
[21] Section 290 (1) (o)
Insert after section 290 (1) (n):
(o) the costs of the Law Society Council or the
Commissioner in connection with an audit of a law
practice under section 670.
[22] Section 295 Restrictions on receipt of trust money
Omit section 295 (2) and (3).
[23] Section 300
Omit the section. Insert instead:
300 Regulations
The regulations may make provision for or with respect to any
matter to which this Part relates, including for or with respect
to:
(a) the establishment, maintenance and closure of general
trust accounts and controlled money accounts, and
(b) the manner of receiving, depositing, withdrawing,
making records about and otherwise dealing with and
accounting for trust money, and
(c) without limiting paragraph (a) or (b):
(i) the keeping and reconciliation of trust records,
and
(ii) the establishment and keeping of trust ledger
accounts, and
(iii) the establishment and keeping of records about
controlled money and transit money, and
(iv) the establishment and keeping of registers of
powers and estates where trust money is
involved, and
(v) the recording of information about the
investment of trust money, and
(vi) the furnishing of statements regarding trust
money, and
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Legal Profession Amendment Bill 2005
Amendment of Chapter 3 of Legal Profession Act 2004 Schedule 3
(d) the notification to the Law Society Council of
information relating directly or indirectly to matters to
which this Part relates, including information about:
(i) trust accounts, trust money and trust records, and
(ii) the proposed or actual termination of a law
practice that holds trust money, and
(iii) the proposed or actual termination of engaging
in legal practice in this jurisdiction by a law
practice that holds trust money, and
(iv) the proposed or actual restructuring of the
business of a law practice so that it no longer
holds or no longer will hold trust money, and
(e) the creation and exercise of liens over trust money, and
(f) providing exemptions, or providing for the giving of
exemptions, from all or any specified requirements of
this Part.
[24] Section 306
Omit the section. Insert instead:
306 How and when does a client first instruct a law practice?
A client first instructs a law practice in relation to a matter in a
particular jurisdiction if the law practice first receives
instructions from the client in relation to the matter in that
jurisdiction, whether in person or by post, telephone, fax, e-
mail or other form of communication.
[25] Section 309 Disclosure of costs to clients
Omit "subsection (1) (l)" from section 309 (2).
Insert instead "subsection (1) (f)".
[26] Section 310 Disclosure if another law practice is to be retained
Omit "(c), (d) and (e)" from section 310 (1). Insert instead "(c) and (d)".
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Legal Profession Amendment Bill 2005
Schedule 3 Amendment of Chapter 3 of Legal Profession Act 2004
[27] Section 319 On what basis are legal costs recoverable?
Insert after section 319 (2) (b):
(c) the costs associated with the making of a costs
agreement with a client.
[28] Section 321 Interest on unpaid legal costs
Omit section 321 (2) and (3). Insert instead:
(2) A law practice may also charge interest on unpaid legal costs
in accordance with a costs agreement.
(3) A law practice must not charge interest under subsection (1) or
(2) on unpaid legal costs unless the bill for those costs contains
a statement that interest is payable and of the rate of interest.
[29] Section 328 Setting aside costs agreements
Omit ", just" from section 328 (1) and (2) wherever occurring
[30] Section 328 (3)
Omit "adjourn the hearing of". Insert instead "decline to deal with".
[31] Section 328 (4)
Omit "it". Insert instead "the assessor".
[32] Section 328 (9)
Omit "a hearing". Insert instead "determining an application".
[33] Section 328 (9A)
Insert after section 328 (9):
(9A) A costs assessor must ensure that an order or determination
under this section is accompanied by a statement of the reasons
for the order or determination.
[34] Section 328 (10)
Omit "subsection (4)". Insert instead "subsection (1) or (4)".
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Legal Profession Amendment Bill 2005
Amendment of Chapter 3 of Legal Profession Act 2004 Schedule 3
[35] Section 353 Application for assessment of party/party costs
Insert after section 353 (3):
(4) An application or direction under this section may be made in
relation to an application for and the issue of an apprehended
violence order within the meaning of Part 15A of the Crimes
Act 1900.
[36] Section 354 How to make an application for costs assessment
Omit "in the form prescribed by" from section 354 (1) (a).
Insert instead "made in accordance with".
[37] Section 355 Consequences of application
Insert "or maintain" after "commence" in section 355 (b).
[38] Section 356A
Insert after section 356:
356A Regulations
The regulations may make provision for or with respect to the
making and processing of applications for costs assessments.
[39] Section 360 Non-attendance of party
Omit the section.
[40] Section 363A
Insert after section 363:
363A Interest on amount outstanding
(1) A costs assessor may, in an assessment, determine that interest
is not payable on the amount of costs assessed or on any part
of that amount and determine the rate of interest (not exceeding
the rate referred to in section 321 (4)).
(2) This section applies despite any costs agreement or section 321.
(3) This section does not authorise the giving of interest on interest.
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Legal Profession Amendment Bill 2005
Schedule 3 Amendment of Chapter 3 of Legal Profession Act 2004
(4) This section does not apply to or in respect of the assessment
of costs referred to in Subdivision 3 (Party/party costs).
[41] Section 367 Determinations of costs assessments
Omit "Any amount substituted for the amount of the costs may include"
from section 367 (2).
Insert instead "The costs assessor may include".
[42] Section 367 (4)
Insert after section 367 (3):
(4) A costs assessor may determine that the amount of fair and
reasonable costs is the amount agreed to by the parties if during
the course of the assessment the parties notify the costs assessor
that they have agreed on the amount of those costs.
[43] Section 367A
Insert after section 367:
367A Determinations of costs assessments for party/party costs
A costs assessor is to determine an application for an
assessment of costs payable as a result of an order made by a
court or tribunal by making a determination of the fair and
reasonable amount of those costs.
[44] Section 368 Certificate as to determination
Insert "and the Manager, Costs Assessment" after "party" in section 368 (1).
[45] Section 368 (6)
Omit the subsection. Insert instead:
(6) If the costs of the costs assessor are payable by a party to the
assessment as referred to in section 369, the costs assessor
must:
(a) forward the certificate to the Manager, Costs
Assessment, instead of forwarding it or copies of it to
the parties, and
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Legal Profession Amendment Bill 2005
Amendment of Chapter 3 of Legal Profession Act 2004 Schedule 3
(b) advise the parties that the certificate has been so
forwarded and will be available to the parties on
payment of the costs of the costs assessor.
[46] Section 368 (7) (a)
Omit "subsection (4)". Insert instead "subsection (2)".
[47] Section 369 Recovery of costs of costs assessment
Insert "and the Manager, Costs Assessment" after "party" in section 369 (5).
[48] Section 373 Application for review of determination
Insert "by party" after "Application" in the heading to the section.
[49] Section 373A
Insert after section 373:
373A Application by Manager for review of determination of costs of
costs assessment
(1) The Manager, Costs Assessment may, within 30 days after the
issue of a certificate under section 369 (5) that sets out the costs
of a costs assessment determined by a costs assessor, prepare
an application for a review of the determination.
(2) The Manager, Costs Assessment must ensure that notice of the
Manager's intention to apply for a review is given to the parties
to the proposed review not less than 7 days before the
application is referred to a panel under section 374 or as
prescribed by the regulations.
[50] Section 374 Referral of application to panel
Omit section 374 (1). Insert instead:
(1) The Manager, Costs Assessment:
(a) in the case of an application duly made under section
373--is to refer the application to a panel, or
(b) in the case of an application prepared under section
373A--may refer the application to a panel.
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Legal Profession Amendment Bill 2005
Schedule 3 Amendment of Chapter 3 of Legal Profession Act 2004
[51] Section 374 (3)
Omit "an assessment". Insert instead "a review".
[52] Section 375 General functions of panel in relation to review application
Insert after section 375 (3):
(3A) A panel reviewing the determination of a costs assessor may
determine that the amount of fair and reasonable costs is the
amount agreed to by the parties to the review if during the
course of the review the parties notify the panel that they have
agreed on the amount of those costs.
[53] Section 375 (4)
Omit "assessment". Insert instead "review".
[54] Section 376 Relevant documents to be produced to panel
Omit "2 months" from section 376 (3) (a). Insert instead "12 months".
[55] Section 376 (4) (a)
Omit "2 months". Insert instead "12 months".
[56] Section 378 Certificate as to determination of panel
Insert "and the Manager, Costs Assessment" after "party" in section 378 (1).
[57] Section 378 (5)
Omit the subsection. Insert instead:
(5) If the costs of the panel are payable by a person referred to in
section 379, the panel must:
(a) forward the certificate to the Manager, Costs
Assessment, instead of forwarding it or copies of it to
the parties, and
(b) advise the parties that the certificate has been so
forwarded and will be available to the parties on
payment of the costs of the panel.
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Legal Profession Amendment Bill 2005
Amendment of Chapter 3 of Legal Profession Act 2004 Schedule 3
[58] Section 379 Recovery of costs of review
Insert "and the Manager, Costs Assessment," after "party" in section
379 (5).
[59] Section 388 Notices of appeal
Omit "notice of appeal" from section 388 (1).
Insert instead "document initiating an appeal".
[60] Section 393 Referral for disciplinary action
Insert "or review" after "costs assessment" in section 393 (1).
[61] Section 393 (1)
Insert "grossly" before "excessive".
[62] Section 403 Professional indemnity insurance for barristers
Omit "and the level of insurance provided by the policy, and has approved
of the terms of the policy as complying with agreed national standards for
professional indemnity insurance for barristers" from section 403 (2) (b).
Insert instead ", the level of insurance provided by the policy and the terms
of the policy".
[63] Section 406 Solicitor to be insured and to make contributions
Omit "and of the terms of the policy as complying with agreed national
standards for professional indemnity insurance for solicitors" from section
406 (2) (b).
Insert instead "the type of policy, the level of insurance provided by the
policy and the terms of the policy".
[64] Section 472 Interstate legal practitioner becoming authorised to
withdraw from local trust account
Omit section 472 (3).
Page 31
Legal Profession Amendment Bill 2005
Schedule 4 Amendment of Chapter 4 of Legal Profession Act 2004
Schedule 4 Amendment of Chapter 4 of Legal
Profession Act 2004
(Section 3)
[1] Section 498 Conduct capable of being unsatisfactory professional
conduct or professional misconduct
Insert after section 498 (e):
(f) conduct consisting of a failure to comply with the
requirements of a notice under this Act or the
regulations (other than an information notice).
[2] Section 498 (2)
Insert at the end of section 498:
(2) Conduct of a person consisting of a contravention referred to in
subsection (1) (a) is capable of being unsatisfactory
professional conduct or professional misconduct whether or not
the person is convicted of an offence in relation to the
contravention.
[3] Section 501 Conduct to which this Chapter applies--generally
Insert after section 501 (5):
(6) This Chapter extends to conduct as a public notary.
[4] Section 504 Making of complaints
Omit section 504 (3) (b). Insert instead:
(b) identify the Australian legal practitioner about whom the
complaint is made or, if it is not possible to do so,
identify the law practice concerned, and
[5] Section 512 Withdrawal of complaints
Omit "it" from section 512 (3). Insert instead "the conduct".
Page 32
Legal Profession Amendment Bill 2005
Amendment of Chapter 4 of Legal Profession Act 2004 Schedule 4
[6] Section 531A
Insert after section 531:
531A Authorised persons
(1) The Commissioner or a Council may, in writing, appoint
suitably qualified persons to be authorised persons for the
purposes of this Part.
(2) An authorised person may exercise any or all of the functions
of an investigator that are or would be exercisable by an
investigator appointed by the Commissioner or Council, as the
case may be, and accordingly references in this Act and the
regulations to such an investigator extend to an authorised
person.
(3) An authorised person may exercise any such functions in
relation to a complaint whether or not an investigator has been
appointed in relation to the complaint.
(4) An appointment under this section may be made generally (to
apply for all complaints or for all complaints of a specified
class) or for a specified complaint.
[7] Section 536 Application of Part 15
Omit "Part 15" from the heading. Insert instead "Chapter 6".
[8] Section 539 Dismissal of complaint
Insert at the end of the section:
(2) The Commissioner or Council may make a compensation order
under Part 4.9 if the complaint is dismissed under this section
on the ground of the public interest and the complainant
requested a compensation order in respect of the complaint.
[9] Section 540 Summary conclusion of complaint procedure by caution,
reprimand or compensation order
Insert at the end of the section:
Note. Reviews are carried out under Chapter 5 of the Administrative
Decisions Tribunal Act 1997. Section 729A modifies the operation of that
Act. An appeal lies to the Supreme Court under section 729A against a
decision of the Administrative Decisions Tribunal.
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Legal Profession Amendment Bill 2005
Schedule 4 Amendment of Chapter 4 of Legal Profession Act 2004
[10] Section 545 Decision of Commissioner on review
Insert at the end of the section:
Note. Reviews are carried out under Chapter 5 of the Administrative
Decisions Tribunal Act 1997. Section 729A modifies the operation of that
Act. An appeal lies to the Supreme Court under section 729A against a
decision of the Administrative Decisions Tribunal.
[11] Section 555 Variation of disciplinary application
Omit section 555 (4) and (5). Insert instead:
(4) The inclusion of an additional allegation is not precluded on
any or all of the following grounds:
(a) the additional allegation has not been the subject of a
complaint,
(b) the additional allegation has not been the subject of an
investigation,
(c) the alleged conduct concerned occurred more than 3
years ago.
[12] Section 557 Substitution of applicant
Omit section 557 (1). Insert instead:
(1) If a disciplinary application was made by the Commissioner,
the Tribunal may, on the application of the Commissioner or a
Council, and if satisfied that it is appropriate to do so, direct
that a Council is to be regarded as the applicant in connection
with the disciplinary application.
(1A) If a disciplinary application was made by a Council, the
Tribunal may, on the application of the Commissioner or the
Council, and if satisfied that it is appropriate to do so, direct
that the Commissioner is to be regarded as the applicant in
connection with the disciplinary application.
[13] Section 561 Procedural lapses and defects in appointments
Insert "or Chapter 6" after "this Chapter" in section 561 (3).
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Legal Profession Amendment Bill 2005
Amendment of Chapter 4 of Legal Profession Act 2004 Schedule 4
[14] Section 562 Determinations of Tribunal
Omit section 562 (2) (e). Insert instead:
(e) an order reprimanding the practitioner,
[15] Section 562 (2) (f)
Insert after section 562 (2) (e):
(f) an order that the name of the practitioner be removed
from the roll of public notaries maintained under the
Public Notaries Act 1997.
[16] Section 562 (4) Orders requiring compliance by practitioner
Insert at the end of the subsection:
Note. This subsection is not an exhaustive statement of orders that must
be complied with by the practitioner.
[17] Section 562 (8) Public reprimands
Omit "Public reprimands" from the heading. Insert instead "Reprimands".
[18] Section 562 (8)
Omit "publicly".
[19] Section 562 (10) Private reprimands
Omit the subsection.
[20] Section 573 Making of compensation orders
Omit section 573 (3)(5). Insert instead:
(3) The Commissioner or relevant Council may:
(a) where proceedings are not proposed to be commenced
in the Tribunal with respect to the complaint
concerned--make a compensation order referred to in:
(i) section 540 (in the case of the Commissioner or
Council), or
(ii) section 545 (in the case of the Commissioner),
or
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Legal Profession Amendment Bill 2005
Schedule 4 Amendment of Chapter 4 of Legal Profession Act 2004
(b) where proceedings are proposed to be commenced in
the Tribunal with respect to the comp laint
concerned--make a compensation order before the
proceedings are commenced, if the Commissioner or
Council is satisfied that the Australian legal practitioner
against whom the complaint is made is likely to be
found to have engaged in unsatisfactory professional
conduct or professional misconduct.
(4) To avoid any doubt, subsection (3) (b) extends to the making
of a compensation order referred to in section 545, where
proceedings are proposed to be commenced in the Tribunal
with respect to the complaint concerned.
(5) If the Commissioner or relevant Council decides to make a
compensation order against an Australian legal practitioner
under subsection (3) (b), the practitioner may apply to the
Tribunal for a review of the decision. The review is to be
undertaken by the Tribunal:
(a) when conducting a hearing with respect to the
complaint, or
(b) if the matter does not proceed to a hearing or the
proceedings with respect to the complaint are
terminated--during separate proceedings with respect to
the application for review.
Note. Reviews are carried out under Chapter 5 of the Administrative
Decisions Tribunal Act 1997. Section 729A modifies the operation of that
Act. An appeal lies to the Supreme Court under section 729A against a
decision of the Administrative Decisions Tribunal.
(6) If:
(a) the Commissioner or relevant Council makes a
compensation order, and
(b) proceedings are subsequently commenced in the
Tribunal with respect to the complaint concerned,
the Tribunal may make a further order under subsection (1), but
the order, if requiring payment of an amount (when added to
the amount in the original order) exceeding $25,000, is not to
be made unless the complainant and the Australian legal
practitioner both consent to the order.
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Legal Profession Amendment Bill 2005
Amendment of Chapter 4 of Legal Profession Act 2004 Schedule 4
[21] Section 574 Enforcement of compensation orders
Omit "capable of being unsatisfactory professional conduct or" from section
574 (2).
[22] Section 576 Definitions
Omit "or privately reprimanding" from paragraph (d) of the definition of
disciplinary action.
[23] Section 577 Register of Disciplinary Action
Omit ", and may include the date and jurisdiction of the person's first and
any later admission to the legal profession" from section 577 (2).
[24] Section 595 Pre-complaint powers where client is denied access to
documents
Omit "prescribed distance" from section 595 (3) (b).
Insert instead "distance prescribed by or determined under the regulations".
[25] Section 599 Duty to report suspected offences
Omit the section.
[26] Section 602 Non-compellability of certain witnesses
Omit "Part" from section 602 (1). Insert instead "Chapter".
[27] Section 606 Appeals against orders and decisions of Tribunal
Omit the section.
[28] Section 607 Costs of administering Chapter
Omit the section.
Page 37
Legal Profession Amendment Bill 2005
Schedule 5 Amendment of Chapter 5 of Legal Profession Act 2004
Schedule 5 Amendment of Chapter 5 of Legal
Profession Act 2004
(Section 3)
[1] Section 611 Definitions
Omit paragraph (d) of the definition of regulated property in section 611
(1).
Insert instead:
(d) any computer hardware or software, or other device, in
the custody or control of the practice by which any
records referred to in paragraph (c) may be produced or
reproduced in visible form.
[2] Section 611 (2)
Omit "this Part". Insert instead "this Chapter".
[3] Section 616 Determination regarding external intervention
Omit ", owners and employees" from section 616 (1).
[4] Section 616 (2) (b)
Omit the paragraph. Insert instead:
(b) to appoint a manager for the law practice, if the Council
is of the opinion:
(i) that external intervention is required because of
issues relating to the practice's trust records, or
(ii) that the appointment is necessary to protect the
interests of clients in relation to trust money or
trust property, or
(iii) that there is a need for an independent person to
be appointed to take over professional and
operational responsibility for the practice, or
Page 38
Legal Profession Amendment Bill 2005
Amendment of Chapter 5 of Legal Profession Act 2004 Schedule 5
[5] Section 617 Appointment of supervisor
Omit section 617 (3) (a). Insert instead:
(a) an Australian legal practitioner who holds an
unrestricted practising certificate, or
[6] Section 619 Effect of service of notice of appointment
Insert "or a nominee of the supervisor" after "the supervisor" wherever
occurring in section 619 (1).
[7] Section 620 Role of supervisor
Omit section 620 (1). Insert instead:
(1) A supervisor for a law practice has the powers and duties of the
practice in relation to trust money, including powers:
(a) to receive trust money entrusted to the practice, and
(b) to open and close trust accounts.
[8] Section 622 Termination of supervisor's appointment
Insert after section 622 (1) (a):
(a1) the appointment is set aside on appeal under section
649,
[9] Section 623 Appointment of manager
Omit "The appointee" from section 623 (3).
Insert instead "Subject to subsection (3A), the appointee".
[10] Section 623 (3)
Omit "Council".
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Legal Profession Amendment Bill 2005
Schedule 5 Amendment of Chapter 5 of Legal Profession Act 2004
[11] Section 623 (3A)
Insert after section 623 (3):
(3A) In the case of the appointment of a manager for a law practice
that consists of a barrister, the appointee may (but need not) be
an employee of the Bar Association and need not be an
Australian lawyer or the holder of an Australian practising
certificate.
[12] Section 625 Effect of service of notice of appointment
Omit section 625 (2) (a)(c). Insert instead:
(a) the withdrawal or transfer is made by cheque or other
instrument drawn on that account signed by:
(i) the manager, or
(ii) a receiver appointed for the practice, or
(iii) a nominee of the manager or receiver, or
(b) the withdrawal or transfer is made by means of
electronic or internet banking facilities, by:
(i) the manager, or
(ii) a receiver appointed for the practice, or
(iii) a nominee of the manager or receiver, or
(c) the withdrawal or transfer is made in accordance with
an authority to withdraw or transfer funds from the
account signed by:
(i) the manager, or
(ii) a receiver appointed for the practice, or
(iii) a nominee of the manager or receiver.
[13] Section 629 Termination of manager's appointment
Insert after section 629 (1) (a):
(a1) the appointment is set aside on appeal under section
649,
[14] Section 630 Appointment of receiver
Insert "an officer or employee of a party," after "party," where firstly
occurring in section 630 (4) (b).
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Legal Profession Amendment Bill 2005
Amendment of Chapter 5 of Legal Profession Act 2004 Schedule 5
[15] Section 630 (5)
Insert "either" after "must be".
[16] Section 630 (5) (a)
Omit the paragraph. Insert instead:
(a) an Australian legal practitioner who holds an
unrestricted practising certificate, or
[17] Section 631 Notice of appointment
Insert after section 631 (2) (c):
(c1) indicate the extent to which the receiver has the powers
of a manager for the practice, and
[18] Section 632 Effect of service of notice of appointment
Omit section 632 (2) (a)(c). Insert instead:
(a) the withdrawal or transfer is made by cheque or other
instrument drawn on that account signed by:
(i) the receiver, or
(ii) a manager appointed for the practice, or
(iii) a nominee of the receiver or manager, or
(b) the withdrawal or transfer is made by means of
electronic or internet banking facilities, by:
(i) the receiver, or
(ii) a manager appointed for the practice, or
(iii) a nominee of the receiver or manager, or
(c) the withdrawal or transfer is made in accordance with
an authority to withdraw or transfer funds from the
account signed by:
(i) the receiver, or
(ii) a manager appointed for the practice, or
(iii) a nominee of the receiver or manager.
[19] Section 633 Role of receiver
Omit "authorise" from section 633 (2) (b).
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Legal Profession Amendment Bill 2005
Schedule 5 Amendment of Chapter 5 of Legal Profession Act 2004
[20] Section 633 (5)(7)
Insert after section 633 (4):
(5) For the purpose of exercising his or her powers under this
section, the receiver may exercise any or all of the following
powers:
(a) to enter and remain on premises used by the law
practice for or in connection with its engaging in legal
practice,
(b) to require the practice, an associate or former associate
of the practice or any other person who has or had
control of client files and associated documents
(including documents relating to trust money received
by the practice) to give the receiver:
(i) access to the files and documents the receiver
reasonably requires, and
(ii) information relating to client matters the receiver
reasonably requires,
(c) to operate equipment or facilities on the premises, or to
require any person on the premises to operate equipment
or facilities on the premises, for a purpose relevant to
his or her appointment,
(d) to take possession of any relevant material and retain it
for as long as may be necessary,
(e) to secure any relevant material found on the premises
against interference, if the material cannot be
conveniently removed,
(f) to take possession of any computer equipment or
computer program reasonably required for a purpose
relevant to his or her appointment.
(6) If the receiver takes anything from the premises, the receiver
must issue a receipt in a form approved by the Law Society
Council and:
(a) if the occupier or a person apparently responsible to the
occupier is present at or near the premises, give it to him
or her, or
(b) otherwise, leave it at the premises in an envelope
addressed to the occupier.
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Legal Profession Amendment Bill 2005
Amendment of Chapter 5 of Legal Profession Act 2004 Schedule 5
(7) If the receiver is refused access to the premises or the premises
are unoccupied, the receiver may use whatever appropriate
force is necessary to enter the premises and may be
accompanied by a member of the police force to assist entry.
[21] Section 638 Power of receiver to require documents or information
Omit "having" from section 638 (1) (b).
Insert instead "who has or has had".
[22] Section 640 Lien for costs on regulated property
Insert "the practice or" before "a legal" in section 640 (1) (b).
[23] Section 640 (2)
Insert "law practice or" before "legal".
[24] Section 640 (2)
Insert "practice or" before "associate to".
[25] Section 640 (3)
Insert "law practice or" before "legal".
[26] Section 640 (3)
Insert "practice or" before "associate to".
[27] Section 642 Recovery of regulated property where there has been a
breach of trust etc
Insert "paid to," after "taken by," in section 642 (1).
[28] Section 643 Improperly destroying property etc
Omit "purpose". Insert instead "operation".
[29] Section 645 Termination of receiver's appointment
Insert ", on application by the Law Society Council or the receiver made at
any time," after "may" in section 645 (2).
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Legal Profession Amendment Bill 2005
Schedule 5 Amendment of Chapter 5 of Legal Profession Act 2004
[30] Section 645 (2A) and (2B)
Insert after section 645 (2):
(2A) A receiver for a law practice must apply to the Supreme Court
for termination of the appointment when the affairs of the
practice have been wound up and terminated, unless the term
(if any) of the appointment has already come to an end.
(2B) The appointment of a receiver is not stayed by the making of an
application under this section, and the receiver may accordingly
continue to exercise his or her powers and functions as receiver
pending the Supreme Court's decision on the application
except to the extent (if any) that the Court otherwise directs.
[31] Section 649 Appeal against appointment
Insert after section 649 (3):
(4) The appointment of a supervisor or manager is not stayed by
the making of an appeal, and the supervisor or manager may
accordingly continue to exercise his or her powers and
functions as supervisor or manager during the currency of the
appeal except to the extent (if any) that the Supreme Court
otherwise directs.
[32] Section 650A
Insert after section 650:
650A Manager and receiver appointed for law practice
If a manager and a receiver are appointed for a law practice,
any decision of the receiver prevails over any decision of the
manager in the exercise of their respective powers, to the extent
of any inconsistency.
[33] Section 651
Omit the section. Insert instead:
651 ADI records and information
(1) An ADI at which a trust account is or has been maintained
must without charge:
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Legal Profession Amendment Bill 2005
Amendment of Chapter 5 of Legal Profession Act 2004 Schedule 5
(a) produce for inspection or copying by an external
intervener any records relating to any such trust
accounts or trust money deposited in any such trust
account, and
(b) provide the intervener with full details of any
transactions relating to any such trust account or trust
money,
on demand by the intervener and on production to the ADI of
evidence of the appointment of the intervener in relation to the
law practice concerned.
Maximum penalty: 50 penalty units.
(2) Subsection (1) applies despite any rule of law or duty of
confidence to the contrary.
(3) An ADI or an officer or employee of an ADI is not liable to
any action for any loss or damage suffered by another person
as a result of producing records or providing details in
accordance with subsection (1).
Page 45
Legal Profession Amendment Bill 2005
Schedule 6 Amendment of Chapter 6 of Legal Profession Act 2004
Schedule 6 Amendment of Chapter 6 of Legal
Profession Act 2004
(Section 3)
[1] Section 660 Requirements in relation to complaint investigations
Insert after section 660 (4):
(5) A person who is subject to a requirement under subsection (1)
or (2) is not entitled to charge the investigator for doing
anything in compliance with the requirement.
[2] Section 671 Failure to comply with investigatory powers etc
Omit "capable of being" from section 671 (1).
[3] Section 674 Obstruction or misleading of investigator
Insert "or mislead" after "obstruct" in section 674 (1).
[4] Section 677 Permitted disclosure of confidential information obtained in
course of investigation, examination or audit
Omit "599" from the note to section 677 (1) (f). Insert instead "730A".
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Legal Profession Amendment Bill 2005
Amendment of Chapter 7 of Legal Profession Act 2004 Schedule 7
Schedule 7 Amendment of Chapter 7 of Legal
Profession Act 2004
(Section 3)
[1] Section 698 Lay representation on committees
Omit "professional standards committee" from section 698 (3).
Insert instead "professional conduct committee".
[2] Section 711 Binding nature of legal profession rules
Omit section 711 (2).
Page 47
Legal Profession Amendment Bill 2005
Schedule 8 Amendment of Chapter 8 of Legal Profession Act 2004
Schedule 8 Amendment of Chapter 8 of Legal
Profession Act 2004
(Section 3)
[1] Section 722 Confidentiality of personal information
Omit section 722 (1) and (2). Insert instead:
(1) A relevant person must not disclose to any other person,
whether directly or indirectly, any personal information
obtained by reason of being a relevant person.
Maximum penalty: 50 penalty units.
(2) Subsection (1) does not apply to the disclosure of information:
(a) to the extent the disclosure is reasonably required to
perform duties or exercise functions under this Act, the
regulations or the legal profession rules or under any
other Act or regulations made under any other Act, or
(b) to the extent that the relevant person is expressly
authorised, permitted or required to disclose the
information under this Act, the regulations or the legal
profession rules or under any other Act or regulations
made under any other Act, or
(c) with the prior consent in writing of the person to whom
the information relates, or
(d) to a court or tribunal in the course of legal proceedings,
or
(e) pursuant to an order of a court or tribunal under any Act
or law, or
(f) to the extent the disclosure is reasonably required to
enable the enforcement or investigation of the criminal
law or a disciplinary matter.
[2] Section 727 Service of notices on practitioners
Insert "or given to" after " served on" wherever occurring.
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Legal Profession Amendment Bill 2005
Amendment of Chapter 8 of Legal Profession Act 2004 Schedule 8
[3] Section 727 (a)
Insert "or given personally to" after "on".
[4] Section 727 (b)
Insert "or delivered" after "post".
[5] Section 729A
Insert after section 729:
729A Appeals against orders and decisions of Tribunal
(1) An order or other decision made by the Tribunal under this Act
may be appealed to the Supreme Court by a party to the
proceedings in which the order or decision was made.
(2) Section 75A of the Supreme Court Act 1970 accordingly
applies to an appeal under this section, and the appeal is to be:
(a) by way of rehearing, and
(b) not by way of a new hearing (a de novo hearing).
(3) Subsection (2) does not affect the provisions of section 75A of
the Supreme Court Act 1970 relating to the receipt of evidence
by the Supreme Court.
(4) Despite subsection (1), an appeal does not lie to the Supreme
Court under this section against any of the following decisions
of the Tribunal except by leave of the Supreme Court:
(a) an interlocutory decision,
(b) a decision made with the consent of the parties,
(c) a decision as to costs.
(5) No appeals lie under Part 1 or 1A of Chapter 7 of the
Administrative Decisions Tribunal Act 1997 to an Appeal Panel
against an order or other decision of the Tribunal under this
Act.
(6) Subsection (1) includes original decisions made by the Tribunal
and decisions made by the Tribunal in the review of reviewable
decisions, but does not include:
(a) decisions of the Tribunal under section 385 (2), or
Page 49
Legal Profession Amendment Bill 2005
Schedule 8 Amendment of Chapter 8 of Legal Profession Act 2004
(b) decisions of the Tribunal of a class prescribed by the
regulations.
[6] Section 730 Protection from liability
Insert at the end of section 730 (d):
or
(e) the Commissioner, or
(f) the Trustees of the Public Purpose Fund,
[7] Section 730A
Insert after section 730:
730A Duty to report suspected offences
(1) This section applies if the Commissioner or a Council suspects
on reasonable grounds, after investigation or otherwise, that a
person has committed an offence against any Act or law.
(2) The Commissioner or Council must:
(a) report the suspected offence to any relevant law
enforcement or prosecution authority, and
(b) make available to the authority the information and
documents relevant to the suspected offence in its
possession or under its control.
(3) The obligation under subsection (2) (b) to make available the
information and documents continues while the Commissioner
or Council holds the relevant suspicion.
[8] Section 734 Approved forms
Insert at the end of the section:
(2) The regulations may make provision for or with respect to the
approval of forms for use under or in connection with this Act
or the regulations.
Page 50
Legal Profession Amendment Bill 2005
Amendment of Schedule 9 to Legal Profession Act 2004 Schedule 9
Schedule 9 Amendment of Schedule 9 to Legal
Profession Act 2004
(Section 3)
[1] Schedule 9 Savings, transitional and other provisions
Insert after clause 9 (2):
(3) Applications for practising certificates under this Act made
during the period of 6 months commencing on the
commencement day may be made in the form used for
applications for practising certificates under the old Act, but are
to be dealt with under this Act.
[2] Schedule 9, clause 10A
Insert after clause 10:
10A Barristers of the Australian Capital Territory
(1) This clause applies to an Australian lawyer who reasonably
expects:
(a) to be engaged in legal practice in a financial year
principally in the Australian Capital Territory, and
(b) not to be the holder of an interstate practising certificate,
or a local practising certificate as a solicitor, in that year.
(2) The lawyer may apply for and be granted a local practising
certificate as a barrister for that year as if references in this Act
to this jurisdiction included references to the Australian Capital
Territory, but the provisions of this Act are otherwise
applicable to the lawyer.
(3) This clause ceases to apply to the lawyer in respect of that year
if the lawyer becomes the holder of an interstate practising
certificate, or a local practising certificate as a solicitor, that is
in force in that year.
[3] Schedule 9, clause 12 (3)
Insert "is" before "to have".
Page 51
Legal Profession Amendment Bill 2005
Schedule 9 Amendment of Schedule 9 to Legal Profession Act 2004
[4] Schedule 9, clause 17 (3)
Omit "to those proceedings".
Insert instead "to and in respect of such a complaint and any proceedings
relating to it".
[5] Schedule 9, clause 18
Omit clause 18 (3) and (4). Insert instead:
(3) If:
(a) an application for assessment of costs was referred to a
costs assessor for assessment under Part 11 of the old
Act, and
(b) the assessment was not commenced or completed before
that day,
the application may be dealt with under that Part as if that Part
had not been repealed.
[6] Schedule 9, clause 23A
Insert after clause 23:
23A Admission rules
Any rules made by the Legal Practitioners Admission Board
constituted under the old Act and in force immediately before
the commencement day are taken to have been made under Part
2.3, and have effect with any necessary adaptations.
[7] Schedule 9, clause 24
Insert ", and have effect with any necessary adaptations" after "Part 7.5".
[8] Schedule 9, clause 26
Omit the clause. Insert instead:
26 References to barristers, solicitors, legal practitioners and other
terms
(1) A reference in another Act or statutory rule enacted or made
before the commencement day to:
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Legal Profession Amendment Bill 2005
Amendment of Schedule 9 to Legal Profession Act 2004 Schedule 9
(a) a barrister is to be read as a reference to a barrister
within the meaning of this Act, and
(b) a solicitor, or a solicitor and barrister, is to be read as a
reference to a solicitor within the meaning of this Act,
and
(c) a legal practitioner (where the term is expressed to be as
defined in or within the meaning of the old Act) is to be
read:
(i) as a reference to a local lawyer within the
meaning of this Act, and
(ii) as including a reference to a barrister or a
solicitor respectively within the meaning of this
Act,
except where the regulations otherwise provide or the context
or subject-matter indicates that the term is to have a different
meaning.
(2) Without limiting subclause (1) or the power to make
regulations under this Schedule, the regulations may provide
that a reference in another Act or statutory rule or other
document to:
(a) a legal practitioner (where the term is expressed to be as
defined in or within the meaning of the old Act), or
(b) a legal practitioner (where the term is not so expressed),
or
(c) a lawyer, an attorney, counsel or similar term,
is to be read as a reference to an Australian legal practitioner or
to an Australian legal practitioner of a class specified in the
regulations.
[9] Schedule 9, clause 27
Insert after clause 26:
27 Trust money and trust accounts
An offence is not committed under the provisions of Part 3.1 or
of the regulations made for the purposes of that Part for
anything done or omitted to be done in good faith during the
period of 3 months after the commencement of this clause, if:
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Legal Profession Amendment Bill 2005
Schedule 9 Amendment of Schedule 9 to Legal Profession Act 2004
(a) it was done for the purpose of attempting to comply
with any of those provisions, or
(b) it was done in substantial conformity with the
requirements of the old Act or the regulations under the
old Act had that Act and those regulations continued in
force.
Page 54
Legal Profession Amendment Bill 2005
Amendment of Public Notaries Act 1997 Schedule 10
Schedule 10 Amendment of Public Notaries Act 1997
(Section 4)
[1] Section 3 Definitions
Omit "Part 2 of the Legal Profession Act 1987" from the definition of
Admission Board.
Insert instead "Part 7.1 of the Legal Profession Act 2004".
[2] Section 3
Omit "Legal Profession Act 1987" wherever occurring in the definitions of
barrister and solicitor.
Insert instead "Legal Profession Act 2004".
[3] Section 3
Omit the definition of legal practitioner. Insert instead:
legal practitioner means an Australian legal practitioner within
the meaning of the Legal Profession Act 2004.
[4] Section 6 Appointment of public notaries
Insert after section 6 (2):
(3) The Court may order that the name of a person be removed
from the roll for misconduct as a public notary, incompetence
as a public notary or for any other reason the Court considers
warrants removal.
(4) Misconduct as a public notary includes conduct that, had it
been done as an Australian legal practitioner, would be or be
capable of being unsatisfactory professional conduct or
professional misconduct under Chapter 4 of the Legal
Profession Act 2004.
[5] Section 7 Roll of public notaries
Omit section 7 (3). Insert instead:
(3) The registrar may remove the name of a public notary from the
roll at the request of the public notary.
Page 55
Legal Profession Amendment Bill 2005
Schedule 10 Amendment of Public Notaries Act 1997
[6] Section 7 (4)
Omit "barrister or solicitor". Insert instead "legal practitioner".
[7] Section 7 (5)
Omit the subsection. Insert instead:
(5) The registrar must remove the name of a public notary from the
roll in accordance with:
(a) an order of the Court under this Act, or
(b) an order of the Administrative Decisions Tribunal under
the Legal Profession Act 2004.
[8] Section 8
Omit the section. Insert instead:
8 Publication of information on roll of public notaries
The Admission Board may, in circumstances that it considers
appropriate, publish:
(a) the name of any person on the roll, and
(b) the name of the person's firm (if any), and
(c) the address at which the person or the person's firm
practises.
[9] Section 9 Rules for public notaries
Omit section 9 (e). Insert instead:
(e) the keeping of records concerning public notaries,
[10] Section 11 Employed public notaries not to carry out certain work
Omit "a solicitor or an incorporated legal practice within the meaning of the
Legal Profession Act 1987" from section 11 (2).
Insert instead "a law practice within the meaning of the Legal Profession
Act 2004".
Page 56
Legal Profession Amendment Bill 2005
Amendment of Public Notaries Act 1997 Schedule 10
[11] Section 14 Application of Legal Profession Act 2004 regarding
complaints and discipline
Omit "Part 10 (Complaints and discipline) of the Legal Profession Act 1987
applies to public notaries in the same way as it applies".
Insert instead "Chapters 4 and 6 of the Legal Profession Act 2004 apply to
public notaries in the same way as they apply".
[12] Schedule 1 Savings, transitional and other provisions
Omit "of this Act." from clause 2 (1). Insert instead:
of:
this Act
Legal Profession Amendment Act 2005
[13] Schedule 1, clause 2 (2)
Omit "this Act". Insert instead "the Act concerned".
[14] Schedule 1, clause 9
Insert after clause 8:
9 Provisions consequent on enactment of Legal Profession
Amendment Act 2005--new complaints about old conduct
(1) This clause applies to conduct that occurred or is alleged to
have occurred before the commencement of this clause and that
could have been the subject of a complaint under Part 10 of the
Legal Profession Act 1987 as applied by section 14 of this Act.
(2) A complaint about the conduct may be made, and dealt with,
under this Act and the Legal Profession Act 2004, even if the
conduct could not be the subject of a complaint if it had
occurred after the commencement of this clause.
(3) Chapter 4 of the Legal Profession Act 2004, and any other
relevant provisions of that Act, apply to and in respect of such
a complaint and any proceedings relating to it, and so apply
with any necessary adaptations.
(4) However, the Legal Services Commissioner, the Bar Council,
the Law Society Council or the Administrative Decisions
Tribunal may not make any determination or order of a
Page 57
Legal Profession Amendment Bill 2005
Schedule 10 Amendment of Public Notaries Act 1997
disciplinary nature against the person in respect of whom the
complaint was made that is more onerous than that which could
have been made under the Legal Profession Act 1987.
Page 58
Legal Profession Amendment Bill 2005
Amendment of other Acts Schedule 11
Schedule 11 Amendment of other Acts
(Section 5)
11.1 Administrative Decisions Tribunal Act 1997 No 76
[1] Section 4 Definitions
Omit the definition of practising legal practitioner in section 4 (1).
Insert instead:
practising legal practitioner means an Australian legal
practitioner.
[2] Section 17 Qualifications for membership
Omit "a legal practitioner" from section 17 (2) (b).
Insert instead "an Australian lawyer (within the meaning of the Legal
Profession Act 2004)".
[3] Section 17 (4)
Omit the subsection.
[4] Section 88 Costs
Omit "on the basis set out in Division 6 of Part 11 of the Legal Profession
Act 1987" from section 88 (2) (b).
Insert instead "on a basis set out in Division 11 of Part 3.2 of the Legal
Profession Act 2004".
[5] Schedule 2 Composition and functions of Divisions
Omit "legal practitioners" from clause 1 (2) (c) of Part 3.
Insert instead "Australian lawyers (within the meaning of the Legal
Profession Act 2004)".
Page 59
Legal Profession Amendment Bill 2005
Schedule 11 Amendment of other Acts
[6] Schedule 2, Part 3, clause 2
Omit "Legal Profession Act 1987".
Insert instead "Legal Profession Act 2004".
[7] Schedule 2, Part 3, clause 3 (1)
Omit "Part 10 of the Legal Profession Act 1987".
Insert instead "Chapters 4 and 6 of the Legal Profession Act 2004".
[8] Schedule 2, Part 3, clause 4, heading
Omit "Legal Profession Act 1987".
Insert instead "Legal Profession Act 2004".
[9] Schedule 2, Part 3, clause 4 (1) (c)
Omit "a legal practitioner".
Insert instead "an Australian lawyer (within the meaning of the Legal
Profession Act 2004) who is neither a barrister nor a solicitor".
[10] Schedule 2, Part 3, clause 4 (2) and (2A)
Omit clause 4 (2). Insert instead:
(2) For the purposes of conducting a hearing in relation to any
matter under the Act, the Tribunal in each case is to be
constituted as determined by the Divisional Head from Division
members.
(2A) Subclause (2) does not apply to hearings in relation to:
(a) a complaint made under the Act, or
(b) proceedings referred to in clause 4AA, or
(c) proceedings referred to in clause 4AB.
[11] Schedule 2, Part 3, clause 4 (3)
Omit "Legal Profession Act 1987".
Insert instead "Legal Profession Act 2004".
Page 60
Legal Profession Amendment Bill 2005
Amendment of other Acts Schedule 11
[12] Schedule 2, Part 3, clause 4AA Legal Profession Act 2004 (Advertising
contraventions)
Omit "section 38JA (Regulation of advertising and other marketing of
services) of the Legal Profession Act 1987".
Insert instead "section 85 (Regulation of advertising and other marketing of
services) of the Legal Profession Act 2004".
[13] Schedule 2, Part 3, clause 4AB
Insert after clause 4AA:
4AB Legal Profession Act 2004 (Reviews)
For the purpose of proceedings on a review under the Legal
Profession Act 2004, the Tribunal is to be constituted as
determined by the President or the Divisional Head from
Division members.
[14] Schedule 2, Part 3, clause 4A
Omit "Part 10 of the Legal Profession Act 1987" from clause 4A (1).
Insert instead "Chapter 4 of the Legal Profession Act 2004".
[15] Schedule 2, Part 3, clause 5
Omit "Legal Profession Act 1987" wherever occurring in the definitions of
barrister and solicitor.
Insert instead "Legal Profession Act 2004".
[16] Schedule 2, Part 3, clause 5
Omit the definition of legal practitioner.
[17] Schedule 5 Savings and transitional provisions
Insert at the end of clause 1 (1):
Legal Profession Act 2004
Legal Profession Amendment Act 2005
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Legal Profession Amendment Bill 2005
Schedule 11 Amendment of other Acts
[18] Schedule 5
Insert at the end of the Schedule (with appropriate Part and clause numbers):
Part Provisions consequent on enactment of Legal
Profession Act 2004 and Legal Profession
Amendment Act 2005
Pending proceedings
(1) Any proceedings pending before the Tribunal before the
commencement of any amendment made to this Act by the
Legal Profession Amendment Act 2005 are to continue to be
dealt with as if the Legal Profession Act 2004 and the Legal
Profession Amendment Act 2005 had not been enacted.
(2) Proceedings may be initiated and dealt with under this Act in
respect of any matter arising under or in connection with the
Legal Profession Act 1987 as if the Legal Profession Act 2004
and the Legal Profession Amendment Act 2005 had not been
enacted.
11.2 Commercial Arbitration Act 1984 No 160
[1] Section 4 Definitions
Omit the definition of assess from section 4 (1). Insert instead:
assess, in relation to costs, means assess under Division 11 of
Part 3.2 of the Legal Profession Act 2004.
[2] Section 20 Representation
Omit "1987" from section 20 (5). Insert instead "2004".
[3] Section 34 Costs
Omit "solicitor" from section 34 (1) (c). Insert instead "legal practitioner".
Page 62
Legal Profession Amendment Bill 2005
Amendment of other Acts Schedule 11
[4] Section 35A Application of Division 11 of Part 3.2 of Legal Profession
Act 2004
Omit "Division 6 of Part 11 of the Legal Profession Act 1987".
Insert instead "Division 11 of Part 3.2 of the Legal Profession Act 2004".
11.3 Conveyancers Licensing Act 2003 No 3
[1] Section 4 Conveyancing work
Omit the definition of legal work from section 4 (4). Insert instead:
legal work means work that, if done for fee or reward by a
person who is not an Australian legal practitioner, would give
rise to an offence under Part 2.2 of the Legal Profession Act
2004.
[2] Section 6 Persons conducting conveyancing business required to be
licensed
Omit "a solicitor or barrister" from section 6 (2) (a).
Insert instead "an Australian legal practitioner".
[3] Section 6 (2) (b)
Omit "a barrister or solicitor".
Insert instead "an Australian legal practitioner".
[4] Section 7 Effect of licence
Omit "Part 3A (Unqualified practitioners) of the Legal Profession Act 1987"
from section 7 (1).
Insert instead "Part 2.2 of the Legal Profession Act 2004".
[5] Section 10 Disqualified persons
Omit "legal practitioners" from section 10 (1) (o) wherever occurring.
Insert instead "lawyers".
Page 63
Legal Profession Amendment Bill 2005
Schedule 11 Amendment of other Acts
[6] Section 10 (1) (p)
Omit the paragraph. Insert instead:
(p) is disqualified from being employed in a law practice by
virtue of an order made under Division 3 of Part 2.2 of
the Legal Profession Act 2004, or
[7] Section 27 Multidisciplinary partnerships
Omit "Part 3A (Unqualified practitioners) of the Legal Profession Act 1987"
from section 27 (5) (a).
Insert instead "Part 2.2 of the Legal Profession Act 2004".
[8] Section 27 (5) (b) and (c)
Omit "Part 3A of the Legal Profession Act 1987" wherever occurring.
Insert instead "Part 2.2 of the Legal Profession Act 2004".
[9] Section 94 Qualifications for appointment as a manager
Omit "a solicitor" from section 94 (b).
Insert instead "an Australian legal practitioner".
[10] Section 120 Examination by receiver
Omit "represented by a solicitor or barrister" from section 120 (2) (a).
Insert instead "legally represented".
11.4 Interpretation Act 1987 No 15
Section 21 Meaning of commonly used words and expressions
Insert in alphabetical order in section 21 (1):
Australian legal practitioner has the same meaning as in the
Legal Profession Act 2004.
Page 64
Legal Profession Amendment Bill 2005
Amendment of other Acts Schedule 11
11.5 Ombudsman Act 1974 No 68
Schedule 1 Excluded conduct of public authorities
Omit "Part 10 of the Legal Profession Act 1987" from item 26.
Insert instead "Chapter 4 or 6 of the Legal Profession Act 2004".
Page 65
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