LEGAL PROFESSION ACT 1987 - SECT 63 Audits

This legislation has been repealed.

LEGAL PROFESSION ACT 1987 - SECT 63

63 Audits

(1) The regulations may make provision for or with respect to:

(a) the auditing of a solicitor's records relating to mortgages of real property if, during the last preceding period of 12 months, the solicitor has acted for mortgagees:

(i) in respect of amounts secured totalling not less than $500,000, or such other amount as may be prescribed, or

(ii) in respect of more than 50 mortgages of real property,

(b) the reports to be made by auditors, and

(c) the submission of auditors' reports to the Law Society.

(2) A solicitor shall, if required to do so by an auditor carrying out an audit referred to in subsection (1), and notwithstanding any legal professional privilege:

(a) produce for inspection by the auditor any accounting or other records relating to the solicitor's practice, and

(b) give the auditor such other information as is reasonably necessary for the purposes of the audit.

(3) If a record relating to a solicitor's practice:

(a) is not in writing,

(b) is written in a language other than English, or

(c) is not decipherable on sight,

a requirement under subsection (2) to produce the record is a requirement to produce, in addition to the record if it is in writing, or instead of the record if it is not in writing, a statement, written in English and decipherable on sight, that contains all the information in the record.

(4) Except in proceedings under Part 10, the production of a record or statement, or the giving of information, under this section does not subsequently affect any legal professional privilege to which, but for subsection (2), the record, statement or information would be subject.

(5) A wilful contravention of subsection (2) is professional misconduct.