New South Wales Consolidated Acts

LEGAL PROFESSION ACT 2004 - SECT 659

659 Requirement to provide access to documents and information relating to affairs of law practice

(1) This section applies to the following activities:

(a) trust account investigations,

(b) trust account examinations,

(c) complaint investigations,

(d) compliance audits.

(2) For the purpose of carrying out an activity to which this section applies in relation to a law practice, an investigator may, on production of evidence of his or her appointment, require the practice or an associate or former associate of the practice or any other person (including, for example, an ADI, auditor or liquidator) who has or has had control of documents relating to the affairs of the practice to give the investigator either or both of the following:

(a) access to the documents relating to the affairs of the practice that the investigator reasonably requires,

(b) information relating to the affairs of the practice that the investigator reasonably requires (verified by statutory declaration if the requirement so states).

(3) A person who is subject to a requirement under subsection (2) must comply with the requirement.

Maximum penalty: 50 penalty units.

(4) A person who is subject to a requirement under subsection (2) is not entitled to charge the investigator for giving any such access or information.