New South Wales Consolidated Acts

LEGAL PROFESSION ACT 2004 - SECT 499

499 Practitioners to whom this Chapter applies

(1) This Chapter applies to an Australian legal practitioner in respect of conduct to which this Chapter applies, and so applies:

(a) whether or not the practitioner is a local lawyer, and

(b) whether or not the practitioner holds a local practising certificate, and

(c) whether or not the practitioner holds an interstate practising certificate, and

(d) whether or not the practitioner resides or has an office in this jurisdiction, and

(e) whether or not the person making a complaint about the conduct resides, works or has an office in this jurisdiction.

(2) However, this Chapter does not apply to a person while the person holds office as:

(a) a judicial officer within the meaning of the Judicial Officers Act 1986 , or

(b) a Justice of the High Court, or

(c) a judge of a court created by the Parliament of the Commonwealth, or

(d) a judge of a court, or a judicial member of a tribunal, of another State or a Territory,

regardless of whether the unsatisfactory professional conduct or professional misconduct the subject of a complaint allegedly occurred before or after the person’s appointment to the office concerned.

(3) A provision of this or any other Act that protects a person from any action, liability, claim or demand in connection with any act or omission of the person does not affect the application of this Chapter to the person in respect of the act or omission.

(4) For the purposes of this Chapter, conduct of an Australian legal practitioner in the exercise of official functions as an arbitrator or costs assessor constitutes conduct occurring in connection with the practice of law. However, conduct concerned with the justiciable aspects of decision making by an arbitrator or costs assessor does not constitute conduct occurring in connection with the practice of law for the purposes of this Chapter.

(5) For the purposes of this Chapter, conduct of an Australian legal practitioner does not constitute conduct occurring in connection with the practice of law to the extent that it is conduct engaged in in the exercise of executive or administrative functions under an Act or statutory rule as:

(a) any officer or employee in the service of the Crown (including the Public Service), or

(b) a person appointed to an office by the Governor, or

(c) any member, officer or employee of a Council, the Bar Association or the Law Society.