LEGAL PROFESSION ACT 2006 - SECT 4 Definitions
LEGAL PROFESSION ACT 2006 - SECT 4
DefinitionsIn this Act:
"Admission Board" means the Legal Practitioners Admission Board of the Northern Territory established by section 650.
"admission rules" means rules relating to the admission of persons to the legal profession and associated matters made under section 43.
"admission to the legal profession", see section 9.
"affairs", of a law practice, includes the following:
(a) all accounts and records required under this Act or the regulations to be maintained by the practice or an associate or former associate of the practice;
(b) other records of the practice or an associate or former associate of the practice;
(c) any transaction:
(i) to which the practice or an associate or former associate of the practice was or is a party; or
(ii) in which the practice or an associate or former associate of the practice has acted for a party.
"allow", for Part 3.5, see section 382.
"amend" includes:
(a) in relation to a practising certificate:
(i) impose a condition on the certificate; or
(ii) amend or revoke a condition already imposed on the certificate; and
(b) in relation to registration as a foreign lawyer:
(i) amend the lawyer's registration certificate; or
(ii) impose a condition on the registration; or
(iii) amend or revoke a condition already imposed on the registration.
"application date", for Part 3.6, see section 438.
"approved", for professional indemnity insurance, see section 373.
"approved academic qualifications", see section 10.
"approved ADI", for Part 3.1, see section 235(1).
"approved form" means a form approved under section 706.
approved practical legal training requirements , see section 10.
"ASIC exemption", for Part 3.6, see section 438.
associate :
(a) of a law practice – see section 7(1); or
(b) of a legal practitioner, for Part 3.6 – see section 439.
"Australia", for Part 2.7, see section 170.
"Australian law", for Part 2.7, see section 170.
"Australian lawyer", see section 5(a).
"Australian legal practitioner", see section 6(a).
"Australian practising certificate" means a local practising certificate or interstate practising certificate.
"Australian-registered foreign lawyer" means a locally-registered foreign lawyer or interstate-registered foreign lawyer.
"Australian roll" means the local roll or an interstate roll.
"Australian trust account" means a local trust account or an interstate trust account.
(a) a local legal practitioner who holds a current local practising certificate to practise as or in the manner of a barrister; or
(b) an interstate legal practitioner who holds a current interstate practising certificate that entitles the practitioner to engage in legal practice only as or in the manner of a barrister.
"bill", for Part 3.3, see section 295(1).
"borrower", for Part 3.6, see section 438.
"business day" means a day other than a Saturday, a Sunday or a public holiday.
"capping and sufficiency provisions", for Part 3.5, see section 382.
"chief executive officer", of the Law Society, means the person occupying or holding the office of chief executive officer established by section 640.
"Chief Justice" means the Chief Justice of the Supreme Court.
"claim", see:
(a) for Part 3.2 – section 289; or
(b) for Part 3.5 – section 382.
"claimant", for Part 3.5, see section 382.
client :
(a) for Part 3.3, Division 7 – see section 329 ; or
(b) for Part 3.3, Division 8 – see section 331 ; or
(c) for Part 3.6 – see section 438; or
(d) otherwise – includes a person to whom or for whom legal services are provided.
"compensation order", see section 534.
"complaint", see section 462.
"complaint investigation", for Chapter 6, see section 617(d).
"compliance certificate", see section 36(2).
"complying community legal centre", see section 227.
"concerted interstate default", for Part 3.5, see section 382.
"conditional costs agreement", for Part 3.3, see section 295(1).
"conditions" means conditions, limitations or restrictions.
"conduct", for Chapter 4, see section 462.
"consumer dispute", see section 480.
"contravene" includes fail to comply with.
"contributor", for Part 3.6, see section 438.
"contributory mortgage", for Part 3.6, see section 438.
"controlled money", for Part 3.1, see section 235(1).
"controlled money account", for Part 3.1, see section 235(1).
"conviction", see section 15.
"corporation", for Part 2.6, see section 118.
"corresponding academic qualifications", see section 10.
"Corporations Act" means the Corporations Act 2001 (Cth).
"corresponding authority", see section 12.
"corresponding disciplinary body", see section 13.
"corresponding foreign law", see section 14(2).
"corresponding law", see section 14(1).
corresponding practical legal training requirements , see section 10.
"costs", for Part 3.3, see section 295(1).
"costs agreement", for Part 3.3, see section 295(1).
"costs assessment", for Part 3.3, see section 295(1).
"costs assessor", for Part 3.3, see section 295(1).
"Council" means the Council of the Law Society established by section 638(1).
"default", for Part 3.5, see section 382.
"deposit record", for Part 3.1, see section 235(1).
"designated persons", for Part 3.1, see section 235(1).
"determination", for Part 3.3, Division 8, Subdivision 5, see section 351.
"director", for Part 2.6, see section 118.
"disbursements", for Part 3.3, see section 295(1).
"disciplinary action", for Chapter 4, Part 4.13, see section 540.
"disciplinary application", for Chapter 4, see section 462.
"Disciplinary Tribunal" means the Legal Practitioners Disciplinary Tribunal established by section 669.
"dishonesty", for Part 3.5, see section 382.
"disqualified person" means any of the following persons whether the thing that has happened to the person happened before or after the commencement of this definition:
(a) a person whose name has (whether or not at his or her own request) been removed from an Australian roll and who has not subsequently been admitted or re-admitted to the legal profession under this Act or a corresponding law;
(b) a person whose Australian practising certificate has been suspended or cancelled under this Act or a corresponding law and who, because of the cancellation, is not an Australian legal practitioner or in relation to whom that suspension has not finished;
(c) a person who has been refused a renewal of an Australian practising certificate under this Act or a corresponding law and to whom an Australian practising certificate has not been granted at a later time;
(d) a person who is the subject of an order under this Act or a corresponding law prohibiting a law practice from employing or paying the person in connection with the relevant practice;
(e) a person who is the subject of an order under this Act or a corresponding law prohibiting an Australian legal practitioner from being a partner of the person in a business that includes the practitioner's practice;
(f) a person who is the subject of an order under section 140 or 165 or under provisions of a corresponding law that correspond to section 140 or 165.
"document" means any record of information, and includes:
(a) anything on which there is writing; and
(b) anything on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them; and
(c) anything from which sounds, images or writings can be reproduced with or without the aid of anything else; and
(d) a map, plan, drawing or photograph;
and a reference in this Act to a document (as so defined) includes a reference to:
(e) any part of the document; and
(f) any copy, reproduction or duplicate of the document or any part of the document; and
(g) any part of such a copy, reproduction or duplicate.
"employ", for Part 2.8, see section 226.
"employment", for Part 3.2, see section 289.
"engage", for Part 2.8, see section 226.
"engage in legal practice" includes practise law.
"external examination", for Part 3.1, see section 235(1).
"external examiner", for Part 3.1, see section 235(1).
"external intervener", for Chapter 5, see section 567(1).
"external intervention", for Chapter 5, see section 567(1).
"external territory" means a Territory of the Commonwealth (not being the Australian Capital Territory, the Jervis Bay Territory or the Northern Territory of Australia) for the government of which as a Territory provision is made by a Commonwealth Act.
"fee, gain or reward" includes any form of, and any expectation of, a fee, gain or reward.
"Fidelity Fund" means the Legal Practitioners Fidelity Fund established under section 385.
"financial institution", for Part 3.6, see section 438.
"financial year" means a year ending on 30 June.
"fixed costs provisions", for Part 3.3, see section 295(1).
"foreign country" means:
(a) a country other than Australia; or
(b) a state, province or other part of a country other than Australia.
"foreign law", for Part 2.7, see section 170.
"foreign law practice", for Part 2.7, see section 170.
"foreign registration authority", for Part 2.7, see section 170.
"foreign regulatory action", for Part 2.5, see section 102.
"foreign roll" means an official roll of lawyers (whether admitted, practising or otherwise) kept in a foreign country, but does not include a roll prescribed by the regulations or a kind of roll prescribed by the regulations.
"Funds Management Committee" means the Legal Practitioners Funds Management Committee established by section 659(1).
"general trust account", for Part 3.1, see section 235(1).
"graduate clerk" means a person who:
(a) is employed for at least 9 months in a law practice or as a government lawyer while completing a course of practical legal training; and
(b) in the course of the employment provides legal services under the supervision of an Australian legal practitioner.
"grant", of an interstate practising certificate, includes the issue of a practising certificate.
"GST", see the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
"home jurisdiction", see:
(a) for an Australian legal practitioner – section 8(2);
(b) for an Australian-registered foreign lawyer – section 8(3); or
(c) for an associate of a law practice who is neither an Australian legal practitioner nor an Australian-registered foreign lawyer – section 8(4).
"hospital", for Part 3.2, see section 289.
"ILP compliance audit", for Chapter 6, see section 617(a).
"inability", in relation to a person engaging in legal practice, means an inability arising wholly or principally from infirmity, injury or mental or physical illness.
"incident", for Part 3.2, see section 289.
"incorporated legal practice", see section 119.
"information notice" means a written notice to a person about a decision specifying:
(a) the decision; and
(b) the reasons for the decision; and
(c) the rights of appeal available to the person in relation to the decision and the period within which the appeal must be made.
"insolvent under administration" means:
(a) a person who is an undischarged bankrupt within the meaning of the Bankruptcy Act 1966 (Cth) (or the corresponding provisions of the law of a foreign country or external territory); or
(b) a person who has executed a deed of arrangement under Part X of the Bankruptcy Act 1966 (Cth) (or the corresponding provisions of the law of a foreign country or external territory) if the terms of the deed have not been fully complied with; or
(c) a person whose creditors have accepted a composition under Part X of the Bankruptcy Act 1966 (Cth) (or the corresponding provisions of the law of a foreign country or external territory) if a final payment has not been made under that composition; or
(d) a person for whom a debt agreement has been made under Part IX of the Bankruptcy Act 1966 (Cth) (or the corresponding provisions of the law of a foreign country or external territory) if the debt agreement has not ended or has not been terminated; or
(e) a person who has executed a personal insolvency agreement under Part X of the Bankruptcy Act 1966 (Cth) (or the corresponding provisions of the law of a foreign country or external territory) but not if the agreement has been set aside or terminated or all of the obligations that the agreement created have been discharged.
"interstate lawyer", see section 5(c).
"interstate legal practitioner", see section 6(c).
"interstate practising certificate" means a current practising certificate granted under a corresponding law.
"interstate-registered foreign lawyer" means a person who is registered as a foreign lawyer under a corresponding law.
"interstate roll "means a roll of lawyers maintained under a corresponding law.
"interstate trust account" means a trust account maintained under a corresponding law.
"investigation", for Part 3.1, see section 235(1).
"investigator", see:
(a) for Part 3.1 – section 235(1); or
(b) for Chapter 6 – section 618.
"itemised bill", for Part 3.3, see section 295(1).
"jurisdiction" means a State or Territory of the Commonwealth.
"law firm" means a partnership consisting only of:
(a) Australian legal practitioners; or
(b) one or more Australian legal practitioners and one or more Australian-registered foreign lawyers.
"law practice" means:
(a) an Australian legal practitioner who is a sole practitioner; or
(b) a law firm; or
(c) a multi-disciplinary partnership; or
(d) an incorporated legal practice.
"Law Society" means the Law Society Northern Territory established by section 635(1).
"lay associate", see section 7(2)(b).
"lay person" means a person who is not an Australian lawyer.
"legal costs" means amounts that a person has been or may be charged by, or is or may become liable to pay to, a law practice for the provision of legal services including disbursements but not including interest.
"legal practitioner", for Part 3.6, see section 438.
"legal practitioner associate", see section 7(2)(a).
"legal practitioner director", in relation to an incorporated legal practice, see section 118.
"legal practitioner partner", in relation to a multi-disciplinary partnership, see section 118.
"legal profession rules "means rules relating to legal practice made under Part 8.1.
"legal services" means work done, or business transacted, in the ordinary course of legal practice.
"lender", for Part 3.6, see section 438.
"litigious matter", for Part 3.3, see section 295(1).
"local lawyer", see section 5(b).
"local legal practitioner", see section 6(b).
"local practising certificate" means a practising certificate granted under this Act.
"local registration certificate", for Part 2.7, see section 170.
"local roll", see section 27(1).
"local trust account" means a trust account maintained under this Act.
"locally-registered foreign lawyer" means a person who is registered as a foreign lawyer under this Act.
"lump sum bill", for Part 3.3, see section 295(1).
managed investment scheme has the same meaning as in Chapter 5C of the Corporations Act.
"member", of a managed investment scheme, for Part 2.7, see the Corporations Act.
"modifications" includes modifications by way of alteration, omission, addition and substitution.
"mortgage" means an instrument under which an interest in real property is charged, encumbered or transferred as security for the payment or repayment of money, and includes:
(a) an instrument of a kind prescribed by the regulations as being a mortgage; and
(b) a proposed mortgage.
"mortgage financing" means facilitating a loan secured or intended to be secured by mortgage by:
(a) acting as an intermediary to match a prospective lender and borrower; or
(b) arranging the loan; or
(c) receiving or dealing with payments for, or under, the loan;
but does not include providing legal service or preparing an instrument for the loan.
"multi-disciplinary partnership", see section 151.
"Mutual Recognition Act" means:
(a) the Mutual Recognition Act 1992 (Cth); or
(b) the Trans-Tasman Mutual Recognition Act 1997 (Cth).
"officer", for Part 2.6, see section 118.
"official complaint", for Chapter 4, see section 462.
"overseas-registered foreign lawyer", for Part 2.7, see section 170.
"pecuniary loss", for Part 3.5, see section 382.
"permanent form", for Part 3.1, see section 235(1).
"personal injury", for Part 3.2, see section 289.
"potential claimant", for Part 3.2, see section 289.
"power", for Part 3.1, see section 235(1).
"practical legal training" means either, or a combination of both, of the following:
(a) legal training by participation in course work;
(b) supervised legal training, whether involving articles of clerkship or otherwise.
"practise foreign law", for Part 2.7, see section 170.
"pre-admission event", in relation to an applicant for or holder of a local practising certificate, means a show cause event in relation to the applicant or holder before the applicant or holder was first admitted to the legal profession in this or another jurisdiction.
"prescribed mediator" means a person who, under the regulations, is permitted to conduct mediations of the type specified in the regulations.
"principal", see section 7(3).
"professional misconduct", see section 465.
"professional obligations", for Part 2.6, see section 118.
"public authority", for Part 3.3, see section 295(1).
"Register", for Part 4.13, means the Register of Disciplinary Action mentioned in section 541.
"registered", for Part 2.7, see section 170.
"Registrar", see section 9(1) of the Supreme Court Act 1979 .
"regulated mortgage", for Part 3.6, see section 438.
"regulated property", for Chapter 5, see section 567(1).
"regulation" means a regulation made under this Act.
"Regulator", for Part 2.6, see section 118.
"regulatory authority" means:
(a) in relation to this jurisdiction, the Law Society; or
(b) in relation to another jurisdiction:
(i) if there is only one regulatory authority for the other jurisdiction – that regulatory authority, unless subparagraph (iii) applies; or
(ii) if there are separate regulatory authorities for the other jurisdiction for different branches of the legal profession or for persons who practise in a particular style of legal practice – the regulatory authority relevant to the branch or style concerned, unless subparagraph (iii) applies; or
(iii) if the regulations specify or provide for the determination of one or more regulatory authorities for the other jurisdiction either generally or for particular purposes – the regulatory authority or authorities specified or determination under the regulations.
"related body corporate", for Part 2.6, see section 118.
"related entity", in relation to a person, means:
(a) if the person is a company within the meaning of the Corporations Act – a related body corporate within the meaning of section 50 of that Act; or
(b) otherwise – a person specified or described by the regulations.
"relevant jurisdiction", for Part 3.5, see section 396.
"responsible entity", for Part 3.6, see section 438.
"reviewer", for Part 3.3, Division 8, Subdivision 5, see section 351.
"run-out mortgage", for Part 3.6, see section 438.
"serious offence" means an offence (whether committed in or outside this jurisdiction) that is:
(a) an indictable offence against a law of the Commonwealth or any jurisdiction (whether or not the charge of the offence is or may be dealt with summarily); or
(b) an offence against a law of another jurisdiction that would be an indictable offence against a law of this jurisdiction if committed in this jurisdiction (whether or not the charge of the offence could be dealt with summarily if committed in this jurisdiction); or
(c) an offence against a law of a foreign country that would be an indictable offence against a law of the Commonwealth or this jurisdiction if committed in this jurisdiction (whether or not the charge of the offence could be dealt with summarily if committed in this jurisdiction).
"show cause event", in relation to a person, means:
(a) his or her becoming bankrupt or being served with notice of a creditor's petition presented to the Court under section 43 of the Bankruptcy Act 1966 (Cth); or
(b) his or her presentation (as a debtor) of a declaration to the Official Receiver under section 54A of the Bankruptcy Act 1966 (Cth) of his or her intention to present a debtor's petition or his or her presentation (as a debtor) of such a petition under section 55 of that Act; or
(c) his or her applying to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounding with his or her creditors or made an assignment of his or her remuneration for their benefit; or
(d) his or her conviction for a serious offence or tax offence, whether or not:
(i) the offence was committed in or outside this jurisdiction; or
(ii) the offence was committed while the person was engaging in legal practice as an Australian legal practitioner or was practising foreign law as an Australian-registered foreign lawyer, as the case requires; or
(iii) other persons are prohibited from disclosing the identity of the offender.
"sole practitioner" means an Australian legal practitioner who engages in legal practice on his or her own account.
"solicitor" means:
(a) a local legal practitioner who holds a current local practising certificate to practise as a barrister and solicitor or a solicitor; or
(b) an interstate legal practitioner who holds a current interstate practising certificate that does not restrict the practitioner to engage in legal practice only as or in the manner of a barrister.
"sophisticated client", for Part 3.3, see section 295(1).
"statutory deposit holder", see section 281(1).
"Statutory Supervisor" means the person holding or occupying the office of Statutory Supervisor established by section 678(1).
"suitability matter", see section 11.
"supervised legal practice" means legal practice by a person who is an Australian legal practitioner:
(a) as an employee of, or other person working under supervision in, a law practice, where:
(i) at least one partner, legal practitioner director or other employee of the law practice is an Australian legal practitioner who holds an unrestricted practising certificate; and
(ii) the person engages in legal practice under the supervision of an Australian legal practitioner mentioned in subparagraph (i); or
(b) as a partner in a law firm, where:
(i) at least one other partner is an Australian legal practitioner who holds an unrestricted practising certificate; and
(ii) the person engages in legal practice under the supervision of an Australian legal practitioner referred to in subparagraph (i); or
(c) in a capacity approved under the legal profession rules.
"supervising legal practitioner", see section 227(d).
"tax offence" means an offence under the Taxation Administration Act 1953 (Cth), whether committed in or outside this jurisdiction.
"Territory regulated mortgage", for Part 3.6, see section 440.
"Territory regulated mortgage practice", for Part 3.6, see section 438.
"third party payer", for Part 3.3, see section 296.
"this Act" includes statutory instruments made under this Act.
"this jurisdiction" means the Territory.
"transit money", for Part 3.1, see section 235(1).
"trust account", see section 235(1).
"trust account examination", for Chapter 6, see section 617(c).
"trust account investigation", for Chapter 6, see section 617(b).
"trust money", see section 235(1).
"trust money protocols", see section 239(1).
"trust property" means property entrusted to a law practice in the course of or in connection with the provision of legal services by the practice, but does not include trust money or money referred to in section 236.
"trust records", for Part 3.1, see section 235(1).
"unrestricted practising certificate" means an Australian practising certificate that is not subject to any condition under this Act or a corresponding law requiring the holder to engage in supervised legal practice or restricting the holder to practise as or in the manner of a barrister.
"unsatisfactory professional conduct", see section 464.
"uplift fee", for Part 3.3, see section 295(1).
Note for section 4
The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act.