New South Wales Consolidated Acts

LEGAL PROFESSION ACT 2004 - SECT 98

98 Requirement for professional indemnity insurance

(1) An interstate legal practitioner must not engage in legal practice in this jurisdiction, or represent 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) has been approved under or complies with the requirements of the corresponding law of the practitioner’s home jurisdiction, and

(iii) is for at least $1.5 million (inclusive of defence costs),

unless (without affecting subparagraph (i) or (ii)) the practitioner engages in legal practice solely as or in the manner of a barrister, 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.

(2) Subsection (1) does not apply to an interstate legal practitioner who:

(a) is a government lawyer as defined in section 114, and

(b) is engaged in legal practice in this jurisdiction only to the extent that the practitioner is engaging in government work, and

(c) has an indemnity or immunity (whether provided by law or governmental policy) that is applicable in respect of that legal practice.