New South Wales Consolidated Acts

LEGAL PROFESSION ACT 2004 - SECT 699

699 Functions of Law Society Council

(1) In addition to its other functions, the Law Society Council may:

(a) take such steps as in the opinion of the Law Society Council may be necessary or proper for or with respect to the investigation in accordance with this Act of any question:

(i) as to the conduct of a solicitor, or

(ii) as to the conduct of a person who is or was a clerk to a solicitor or who is or was employed or paid by a solicitor in connection with the solicitor’s practice as a solicitor, or

(iii) as to conduct that is, or may be, a contravention of a provision of Part 2.2, or

(iv) as to conduct that is, or may be, a contravention of a provision of Part 2.7 (Legal practice by foreign lawyers), and

(b) appear by barrister or solicitor before, and be heard by, the Supreme Court in the exercise of the functions of the Supreme Court under this Act or otherwise in relation to solicitors or locally registered foreign lawyers registered by the Law Society Council, and

(c) institute prosecutions and other proceedings for the breach of any of the provisions of this Act, the regulations or the legal profession rules, and

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

(e) recover as a debt due to the Law Society any money payable to the Law Society under this Act or the regulations.

(2) The Law Society Council also has the function of disseminating information to increase public awareness of the requirements of this Act and the Corporations Act 2001 of the Commonwealth relating to solicitors who negotiate the making of or act in respect of regulated mortgages (within the meaning of Part 3.5 (Mortgage practices and mortgage investment schemes)) or are involved in managed investment schemes.

(3) The Law Society Council may delegate to any of its committees, to an officer of the Law Society Council or to an employee of the Law Society the exercise of any of the Law Society Council’s functions under this Act, other than this power of delegation.

(4) A reference in this section to a solicitor (except in relation to the appearance by the Law Society Council before a court) is a reference to:

(a) a person to whom Chapter 4 (Complaints and discipline) applies, other than an Australian legal practitioner who is, or was at the relevant time, entitled to engage in legal practice only as or in the manner of a barrister, or

(b) an Australian-registered foreign lawyer to whom Chapter 4 applies and who is not, or was not, restricted to practice only as or in the manner of a barrister.

(5) Without limiting any other provision of this section, the Law Society Council may investigate and bring proceedings for a breach of Part 2.2 by any person, including a lay person.