New South Wales Repealed Acts

This legislation has been repealed.

LEGAL PROFESSION ACT 1987 - SECT 38JA

38JA Regulation of advertising and other marketing of services

(1) The regulations may make provision for or with respect to regulating or prohibiting conduct by any person that relates to the marketing of legal services, including (without limitation) regulating or prohibiting any of the following:

(a) advertising by a barrister or solicitor,

(b) advertising by any person for or on behalf of a barrister or solicitor,

(c) advertising by any person in connection with the provision of legal services,

(d) advertising by any person of services connected with personal injury.

(2) The regulations under this section may create an offence punishable by a penalty not exceeding 200 penalty units.

(3) The Minister may direct a person in writing not to engage in conduct described in the direction if the Minister is satisfied that:

(a) the conduct contravenes the regulations under this section, and

(b) the person has been engaging in conduct of that or a similar kind.

(4) The Administrative Decisions Tribunal may, on application made under subsection (5), direct a barrister or solicitor not to engage in conduct described in the direction if the Tribunal is satisfied that:

(a) the conduct contravenes the regulations under this section or the regulations under section 142 of the Workplace Injury Management and Workers Compensation Act 1998 , and

(b) the barrister or solicitor has been engaging in conduct of that or a similar kind.

(5) An application to the Administrative Decisions Tribunal may be made under this section by:

(a) in the case of a barrister-the Bar Council, or

(b) in the case of a solicitor-the Law Society Council, or

(c) the Commissioner.

(6) The Administrative Decisions Tribunal cannot deal with an application for a direction with respect to conduct that is the subject of a direction by the Minister under this section or under section 142 of the Workplace Injury Management and Workers Compensation Act 1998 . Any such Ministerial direction may be given with respect to any conduct even if proceedings are pending in, or have been dealt with by, the Tribunal with respect to the conduct.

(7) The following applies in connection with proceedings before the Administrative Decisions Tribunal under this section:

(a) the parties to the proceedings are the applicant and the person to whom the direction is proposed to be given,

(b) the matter is to be allocated to the Legal Services Division of the Tribunal,

(c) the Tribunal is to conduct an initial ex-parte hearing for the purposes of determining whether to issue a direction pending the final determination of the matter.

(8) A person who contravenes a direction under this section is guilty of an offence.

Maximum penalty: 200 penalty units.

(9) A barrister or solicitor is guilty of professional misconduct if the barrister or solicitor:

(a) contravenes a direction under this section or under section 142 of the Workplace Injury Management and Workers Compensation Act 1998 , or

(b) contravenes a regulation under this section (or under section 142 of that Act), but only if the regulation declares the contravention to be professional misconduct.

(10) The Minister is not required, before giving a direction under this section, to notify the person to whom the direction is given or any other person who may be affected by the direction.

(11) A direction under this section may be amended or revoked.

(12) Payments are to be made from the Public Purpose Fund for the purposes of meeting the costs and expenses of a Council or the Commissioner in exercising functions under this section (including the prosecution of offences under this section).

(13) In this section:
"personal injury" includes pre-natal injury, impairment of a person’s physical or mental condition or a disease.