LEGAL PROFESSION BILL 2007

Queensland Bills

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This is a Bill, not an Act. For current law, see the Acts databases.

LEGAL PROFESSION BILL 2007

Queensland Legal Profession Bill 2007

Queensland Legal Profession Bill 2007 Contents Page Chapter 1 Introduction Part 1.1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 3 Main purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Part 1.2 Interpretation Division 1 Dictionary 4 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Division 2 Meaning of various terms 5 Terms relating to lawyers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 6 Terms relating to legal practitioners . . . . . . . . . . . . . . . . . . . . . . . 35 7 Terms relating to associates and principals of law practices . . . . 36 8 Home jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 9 Suitability matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 10 Information notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 11 References to convictions for offences. . . . . . . . . . . . . . . . . . . . . 40 12 Meaning of government legal officer and engaged in government work and related matters . . . . . . . . . . . . . . . . . . . . . 41 Division 3 Jurisdiction of Supreme Court and related matters 13 Inherent jurisdiction of Supreme Court. . . . . . . . . . . . . . . . . . . . . 43 14 Jurisdiction of Supreme Court . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 15 Appeal period for appeal to Supreme Court or tribunal . . . . . . . . 44 16 Hearing and deciding particular action without a jury. . . . . . . . . . 44 Division 4 Other interpretation matters 17 Notes in text may indicate difference to language in corresponding law .................................. 44 18 Timing for doing things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 19 Grounds that are reasonable in the circumstances . . . . . . . . . . . 45

2 Legal Profession Bill 2007 20 References to parts in this Act . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 Chapter 2 General requirements for engaging in legal practice Part 2.1 Preliminary 21 Simplified overview of ch 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 Part 2.2 Reservation of legal work Division 1 Preliminary 22 Main purposes for pt 2.2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 23 Part does not apply to a person if authorised under a Commonwealth law or a government legal officer . . . . . . . . . . . . 47 Division 2 Prohibitions 24 Prohibition on engaging in legal practice when not entitled . . . . . 48 25 Prohibition on representing or advertising entitlement to engage in legal practice when not entitled . . . . . . . . . . . . . . . . . . . . . . . . 50 26 Associates who are disqualified or convicted persons . . . . . . . . . 50 Division 3 General 27 Professional discipline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 Part 2.3 Admission of local lawyers Division 1 Preliminary 28 Main purposes of pt 2.3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 29 Definitions for pt 2.3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 Division 2 Eligibility and suitability for admission 30 Eligibility for admission to the legal profession under this Act . . . 53 31 Suitability for admission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 32 Early consideration of suitability . . . . . . . . . . . . . . . . . . . . . . . . . . 54 33 Involvement of Supreme Court whether by referral or on appeal . 55 Division 3 Admission to the legal profession under this Act 34 Application for admission to the legal profession . . . . . . . . . . . . . 56 35 Role of Supreme Court relating to application for admission . . . . 56 36 Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 37 Roll of persons admitted to the legal profession as a lawyer . . . . 57 38 Local lawyer is officer of Supreme Court . . . . . . . . . . . . . . . . . . . 58 Division 4 Powers and functions of board 39 Role of the board relating to application for admission. . . . . . . . . 58 40 Consideration of applicant's eligibility and suitability . . . . . . . . . . 59 Division 5 Miscellaneous 41 Board may appear before Supreme Court . . . . . . . . . . . . . . . . . . 59 42 Fees payable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59

3 Legal Profession Bill 2007 Part 2.4 Legal practice by Australian legal practitioners Division 1 Preliminary 43 Main purposes of pt 2.4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 Division 2 Legal practice in this jurisdiction by Australian legal practitioners 44 Entitlement to practise in this jurisdiction . . . . . . . . . . . . . . . . . . . 60 Division 3 Local practising certificates generally 45 Local practising certificates generally. . . . . . . . . . . . . . . . . . . . . . 61 46 Suitability to hold local practising certificate . . . . . . . . . . . . . . . . . 61 47 Duration of local practising certificates. . . . . . . . . . . . . . . . . . . . . 63 48 Local legal practitioner is officer of Supreme Court . . . . . . . . . . . 63 Division 4 Grant or renewal of local practising certificates 49 Application for grant or renewal of local practising certificate. . . . 64 50 Manner of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 51 Grant or renewal of local practising certificate . . . . . . . . . . . . . . . 67 Division 5 Conditions on local practising certificates 52 Conditions generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 53 Conditions imposed by law society or bar association . . . . . . . . . 69 54 Applications relating to conditions . . . . . . . . . . . . . . . . . . . . . . . . 70 55 Statutory condition regarding conditions imposed on interstate admission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 56 Statutory condition regarding practice as solicitor . . . . . . . . . . . . 71 57 Statutory condition regarding notification of offence . . . . . . . . . . 72 58 Compliance with conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 Division 6 Amendment, suspension or cancellation of local practising certificates 59 Application of this division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 60 Grounds for amending, suspending or cancelling a local practising certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 61 Amending, suspending or cancelling a local practising certificate 74 62 Operation of amendment, suspension or cancellation of local practising certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 63 Immediate amendment or suspension of local practising certificate ...................................... 76 64 Removal from local roll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 65 Consensual amendment or cancellation etc. . . . . . . . . . . . . . . . . 78 66 Relationship of div 6 with ch 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . 79

4 Legal Profession Bill 2007 Division 7 Special powers in relation to local practising certificates--show cause events 67 Application for local practising certificate if show cause event happened after first admission . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 68 Requirement if show cause event . . . . . . . . . . . . . . . . . . . . . . . . 81 69 Refusal, amendment, suspension or cancellation of local practising certificate because of failure to show cause . . . . . . . . 81 70 Restriction on making further application . . . . . . . . . . . . . . . . . . . 82 71 Relationship of div 7 with ch 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 Division 8 Further provisions relating to local practising certificate 72 Surrender and cancellation of local practising certificate . . . . . . . 83 73 Return of local practising certificate . . . . . . . . . . . . . . . . . . . . . . . 83 Division 9 Interstate legal practitioners 74 Requirement for interstate practising certificate and professional indemnity insurance . . . . . . . . . . . . . . . . . . . . . . . . . 84 75 Extent of entitlement of interstate legal practitioner to practise in this jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 76 Additional condition on interstate legal practitioner engaging in legal practice in this jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . 86 77 Special provision about interstate legal practitioner engaging in unsupervised legal practice in this jurisdiction . . . . . . . . . . . . . . . 86 78 Interstate legal practitioner is officer of Supreme Court . . . . . . . . 87 Division 10 Miscellaneous 79 Protocols . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 80 Consideration of applicant for local practising certificate and certificate holder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 81 Register of local practising certificates . . . . . . . . . . . . . . . . . . . . . 89 82 Supreme Court orders about conditions . . . . . . . . . . . . . . . . . . . 90 83 Regulatory authority may charge reasonable fees . . . . . . . . . . . . 90 Part 2.5 Suitability reports Division 1 Preliminary 84 Main purpose of pt 2.5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 85 Definitions for pt 2.5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 Division 2 Police reports 86 Relevant authority may ask for police report . . . . . . . . . . . . . . . . 92 Division 3 Health assessments 87 Health assessment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 88 Appointment of health assessor . . . . . . . . . . . . . . . . . . . . . . . . . . 93 89 Health assessment report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94

5 Legal Profession Bill 2007 90 Payment for health assessment and report . . . . . . . . . . . . . . . . . 95 91 Use of health assessment report . . . . . . . . . . . . . . . . . . . . . . . . . 95 Division 4 General 92 Confidentiality of suitability report . . . . . . . . . . . . . . . . . . . . . . . . 96 93 Operation of pt 2.5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 Part 2.6 Inter-jurisdictional provisions regarding admission and practising certificates Division 1 Preliminary 94 Main purpose of pt 2.6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 95 Relationship of this part with ch 4 . . . . . . . . . . . . . . . . . . . . . . . . 99 Division 2 Notifications to be given by local authorities to interstate authorities 96 Notification to other jurisdictions about application for admission 99 97 Notification to other jurisdictions about removal from local roll. . . 99 98 Law society and bar association to notify other jurisdictions about particular matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 Division 3 Notifications to be given by lawyers to local authorities 99 Lawyer to give notice of removal in another jurisdiction . . . . . . . . 101 100 Lawyer to give notice of interstate orders . . . . . . . . . . . . . . . . . . . 101 101 Lawyer to give notice of foreign regulatory action . . . . . . . . . . . . 102 102 Provisions relating to requirement to notify . . . . . . . . . . . . . . . . . 102 Division 4 Taking of action by local authorities in response to notifications received 103 Peremptory removal of local lawyer's name from local roll following removal in another jurisdiction . . . . . . . . . . . . . . . . . . . . 103 104 Peremptory cancellation of local practising certificate following removal of name from interstate roll . . . . . . . . . . . . . . . . . . . . . . . 103 105 Show cause procedure for removal of lawyer's name from local roll following foreign regulatory action . . . . . . . . . . . . . . . . . . . . . 104 106 Show cause procedure for cancellation of local practising certificate following foreign regulatory action . . . . . . . . . . . . . . . . 105 107 Order for non-removal of name or non-cancellation of local practising certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 108 Local authority may give information to other local authority . . . . 107 Part 2.7 Incorporated legal practices and multi-disciplinary partnerships Division 1 Preliminary 109 Main purposes of pt 2.7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 110 Definitions for pt 2.7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108

6 Legal Profession Bill 2007 Division 2 Incorporated legal practices providing legal services 111 Nature of incorporated legal practice . . . . . . . . . . . . . . . . . . . . . . 109 112 Non-legal services and businesses of incorporated legal practices ...................................... 110 113 Corporations eligible to be incorporated legal practices. . . . . . . . 110 114 Notice of intention to start providing legal services . . . . . . . . . . . 111 115 Prohibition on corporations or directors etc. representing that corporation is incorporated legal practice. . . . . . . . . . . . . . . . . . . 111 116 Notice of termination of provision of legal services . . . . . . . . . . . 112 Division 3 Legal practitioner directors, and other legal practitioners employed by incorporated legal practices 117 Incorporated legal practice must have legal practitioner director . 113 118 Obligations of legal practitioner director relating to misconduct . . 114 119 Incorporated legal practice without legal practitioner director . . . 115 120 Obligations and privileges of an Australian legal practitioner who is an officer or employee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 Division 4 Particular matters including application of other provisions of relevant laws 121 Professional indemnity insurance. . . . . . . . . . . . . . . . . . . . . . . . . 117 122 Conflicts of interest. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118 123 Disclosure obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118 124 Effect of non-disclosure on provision of particular services . . . . . 119 125 Application of legal profession rules . . . . . . . . . . . . . . . . . . . . . . . 120 126 Requirements relating to advertising . . . . . . . . . . . . . . . . . . . . . . 120 127 Extension to incorporated legal practice of vicarious liability relating to failure to account and dishonesty . . . . . . . . . . . . . . . . 121 128 Sharing of receipts, revenue or other income. . . . . . . . . . . . . . . . 121 129 Disqualified persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122 Division 5 Ensuring compliance with this Act by incorporated legal practices 130 Commissioner or law society may audit incorporated legal practice ....................................... 122 131 Application of chapter 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123 132 Banning of incorporated legal practices . . . . . . . . . . . . . . . . . . . . 123 133 Disqualification from managing incorporated legal practice . . . . . 125 134 Disclosure of information to the Australian Securities and Investments Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126 Division 6 External administration 135 External administration proceedings under Corporations . . . . . . 127

7 Legal Profession Bill 2007 136 External administration proceedings under other legislation . . . . 128 137 Incorporated legal practice that is subject to receivership under this Act and external administration under Corporations Act . . . . 128 138 Incorporated legal practice that is subject to receivership under this Act and external administration under other legislation . . . . . 129 Division 7 Miscellaneous provisions relating to incorporated legal practices 139 Cooperation between courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130 140 Relationship of Act to constitution of incorporated legal practice ..................................... 130 141 Relationship of Act to legislation establishing incorporated legal practice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 142 Relationship of Act to Corporations legislation and certain other instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 143 Undue influence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 Division 8 Multi-disciplinary partnerships 144 Nature of multi-disciplinary partnership . . . . . . . . . . . . . . . . . . . . 132 145 Conduct of multi-disciplinary partnerships . . . . . . . . . . . . . . . . . . 132 146 Notice of intention to start practice in multi-disciplinary partnership ..................................... 133 147 General obligations of legal practitioner partners. . . . . . . . . . . . . 133 148 Obligations of legal practitioner partner relating to misconduct . . 134 149 Actions of partner who is not an Australian legal practitioner. . . . 134 150 Obligations and privileges of Australian legal practitioner who is partner or employee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135 151 Conflicts of interest. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135 152 Disclosure obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 153 Effect of non-disclosure on provision of particular services . . . . . 137 154 Application of legal profession rules . . . . . . . . . . . . . . . . . . . . . . . 137 155 Requirements relating to advertising . . . . . . . . . . . . . . . . . . . . . . 137 156 Sharing of receipts, revenue or other income. . . . . . . . . . . . . . . . 138 157 Disqualified persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 158 Prohibition on partnership with particular partner who is not an Australian legal practitioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139 159 Undue influence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140 Division 9 Miscellaneous 160 Obligations of practitioners not affected . . . . . . . . . . . . . . . . . . . . 140 161 Regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141

8 Legal Profession Bill 2007 Part 2.8 Legal practice by foreign lawyers Division 1 Preliminary 162 Main purpose of pt 2.8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141 163 Definitions for pt 2.8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 164 This part does not apply to Australian legal practitioners . . . . . . . 142 Division 2 Practice of foreign law 165 Requirement for registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143 166 Entitlement of Australian-registered foreign lawyer to practise in this jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143 167 Scope of practice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144 168 Form of practice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144 169 Application of Australian professional ethical and practice standards ....................................... 145 170 Designation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146 171 Letterhead and other identifying documents . . . . . . . . . . . . . . . . 147 172 Advertising . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148 173 Foreign lawyer employing Australian legal practitioner. . . . . . . . . 149 174 Trust money and trust accounts . . . . . . . . . . . . . . . . . . . . . . . . . . 149 175 Professional indemnity insurance. . . . . . . . . . . . . . . . . . . . . . . . . 150 176 Fidelity cover . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151 Division 3 Local registration of foreign lawyers generally 177 Local registration of foreign lawyers . . . . . . . . . . . . . . . . . . . . . . . 151 178 Duration of registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151 179 Local registered foreign lawyer is not officer of Supreme Court. . 152 Division 4 Application for grant or renewal of local registration 180 Application for grant or renewal of registration . . . . . . . . . . . . . . . 152 181 Manner of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152 182 Requirements regarding applications for the grant or renewal of registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153 Division 5 Grant or renewal of registration 183 Grant or renewal of local registration . . . . . . . . . . . . . . . . . . . . . . 155 184 Requirement to grant or renew registration if criteria satisfied . . . 156 185 Refusal to grant or renew registration . . . . . . . . . . . . . . . . . . . . . 157 Division 6 Amendment, suspension or cancellation of local registration 186 Application of pt 2.8, div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159 187 Grounds for amending, suspending or cancelling registration . . . 159

9 Legal Profession Bill 2007 188 Amending, suspending or cancelling registration . . . . . . . . . . . . . 160 189 Operation of amendment, suspension or cancellation of registration ...................................... 161 190 Other ways of amending or cancelling registration. . . . . . . . . . . . 162 191 Relationship of this division with ch 4. . . . . . . . . . . . . . . . . . . . . . 163 Division 7 Special powers in relation to local registration--show cause events 192 Applicant for local registration--show cause event . . . . . . . . . . . 163 193 Locally registered foreign lawyer--show cause event . . . . . . . . . 164 194 Refusal, amendment, suspension or cancellation of local registration--failure to show cause . . . . . . . . . . . . . . . . . . . . . . . 164 195 Restriction on making further applications . . . . . . . . . . . . . . . . . . 165 196 Relationship of this division with pt 4.6 and ch 6 . . . . . . . . . . . . . 165 Division 8 Further provisions relating to local registration 197 Immediate suspension of registration. . . . . . . . . . . . . . . . . . . . . . 166 198 Surrender of local registration certificate and cancellation of registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167 199 Automatic cancellation of registration on grant of practising certificate ........................................ 167 200 Suspension or cancellation of registration not to affect disciplinary processes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167 201 Return of local registration certificate on amendment, suspension or cancellation of registration . . . . . . . . . . . . . . . . . . 168 Division 9 Conditions on registration 202 Conditions generally. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168 203 Conditions imposed by law society. . . . . . . . . . . . . . . . . . . . . . . . 169 204 Statutory condition regarding notification of offence . . . . . . . . . . 169 205 Conditions imposed by regulation . . . . . . . . . . . . . . . . . . . . . . . . 170 206 Compliance with conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170 Division 10 Interstate-registered foreign lawyers 207 Extent of entitlement of interstate-registered foreign lawyer to practise in this jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170 208 Additional conditions on practice of interstate-registered foreign lawyers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171 Division 11 Miscellaneous 209 Consideration and investigation of applicants and locally registered foreign lawyers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172 210 Register of locally registered foreign lawyers . . . . . . . . . . . . . . . . 172 211 Publication of information about locally registered foreign lawyers ....................................... 173

10 Legal Profession Bill 2007 212 Supreme Court orders about conditions . . . . . . . . . . . . . . . . . . . 173 213 Exemption by law society . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173 214 Membership of professional association . . . . . . . . . . . . . . . . . . . 173 215 Refund of fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174 Chapter 3 Conduct of legal practice Part 3.1 Preliminary 216 Simplified outline of ch 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174 Part 3.2 Manner of legal practice Division 1 Preliminary 217 Main purposes of pt 3.2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175 218 Definitions for pt 3.2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175 Division 2 Rules for Australian legal practitioners and other individuals 219 Rules for Australian legal practitioners engaged in practice as solicitors and others . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176 220 Rules for Australian legal practitioners engaged in practice in the manner of barristers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176 221 Legal profession rules may provide for application to government legal officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176 222 Subject matter of legal profession rules . . . . . . . . . . . . . . . . . . . . 177 223 Public notice of proposed legal profession rules . . . . . . . . . . . . . 177 Division 3 Rules for incorporated legal practices and multi-disciplinary partnerships 224 Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178 Division 4 Notice about making of legal professional rules and role of committee 225 Minister to give notice of solicitors and barristers rules . . . . . . . . 179 226 Monitoring role of committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180 Division 5 General provisions for legal profession rules 227 Binding nature of legal profession rules . . . . . . . . . . . . . . . . . . . . 180 228 Legal profession rules may prohibit practices relating to mortgage financing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180 229 Relationship of legal profession rules to this Act and regulation . 181 230 Availability of rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181 Division 6 Administration rules 231 Rules other than legal profession rules . . . . . . . . . . . . . . . . . . . . 181 232 Indemnity rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 185 233 Relationship of administration rules to this Act and regulation. . . 187

11 Legal Profession Bill 2007 234 Relationship between legal profession rules and administration rules ........................................... 187 235 Availability of administration rules . . . . . . . . . . . . . . . . . . . . . . . . 188 Part 3.3 Trust money and trust accounts Division 1 Preliminary 236 Main purposes of pt 3.3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188 237 Definitions for pt 3.3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188 238 Money involved in financial services or investments . . . . . . . . . . 191 239 Decisions about status of money . . . . . . . . . . . . . . . . . . . . . . . . . 192 240 Application of part to law practices and trust money . . . . . . . . . . 192 241 Protocols for deciding where trust money is received . . . . . . . . . 193 242 When money is received . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194 243 Discharge by legal practitioner associate of obligations of law practice .......................................... 194 244 Liability of principals of law practice . . . . . . . . . . . . . . . . . . . . . . . 195 245 Former practices, principals and associates . . . . . . . . . . . . . . . . 195 246 Barristers not to receive trust money . . . . . . . . . . . . . . . . . . . . . . 195 Division 2 Trust accounts and trust money 247 Keeping general trust account . . . . . . . . . . . . . . . . . . . . . . . . . . . 196 248 Certain trust money to be deposited in general trust account . . . 196 249 Holding, disbursing and accounting for trust money. . . . . . . . . . . 197 250 Withdrawing trust money from general trust account . . . . . . . . . . 198 251 Controlled money . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 199 252 Withdrawing controlled money from controlled money account . . 200 253 Transit money . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200 254 Trust money subject to specific powers . . . . . . . . . . . . . . . . . . . . 201 255 Trust money received in the form of cash. . . . . . . . . . . . . . . . . . . 201 256 Protection of trust money . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202 257 Intermixing money . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 203 258 Dealing with trust money--legal costs and unclaimed money . . . 203 259 Deficiency in trust account . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 203 260 Reporting certain irregularities and suspected irregularities . . . . 204 261 Keeping trust records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 205 262 False names . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 205 Division 3 Investigations 263 Investigations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 205 264 Investigator's report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 206

12 Legal Profession Bill 2007 265 When costs of investigation are debt . . . . . . . . . . . . . . . . . . . . . . 206 266 Law society or commissioner may give information to professional accounting association. . . . . . . . . . . . . . . . . . . . . . . 207 Division 4 External examinations 267 Appointment and qualifications of external examiner . . . . . . . . . . 208 268 Law practice must have trust records externally examined . . . . . 209 269 Restriction on appointment of associates as external examiner . 209 270 Law practice to give notice of external examiner . . . . . . . . . . . . . 210 271 Notice if person stops being external examiner . . . . . . . . . . . . . . 210 272 Examination of affairs in examining trust records. . . . . . . . . . . . . 210 273 Carrying out external examination . . . . . . . . . . . . . . . . . . . . . . . . 211 274 External examiner's report on external examination . . . . . . . . . . 211 275 External examiner to give other reports . . . . . . . . . . . . . . . . . . . . 211 276 Final examination of trust records . . . . . . . . . . . . . . . . . . . . . . . . 212 277 Law practice liable for costs of examination . . . . . . . . . . . . . . . . . 213 278 Disqualification of person as external examiner . . . . . . . . . . . . . . 213 279 Offence about carrying on external examination . . . . . . . . . . . . . 214 Division 5 Provisions relating to ADIs 280 Approval of ADIs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 214 281 ADIs not subject to certain obligations and liabilities . . . . . . . . . . 215 282 Reports, records and information . . . . . . . . . . . . . . . . . . . . . . . . . 215 Division 6 Prescribed accounts and Legal Practitioner Interest on Trust Accounts Fund Subdivision 1 Preliminary 283 Main purposes of pt 3.3, div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . 216 284 Definitions for pt 3.3, div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 217 Subdivision 2 Prescribed accounts 285 Regulation for prescribed account . . . . . . . . . . . . . . . . . . . . . . . . 217 286 Deposits to prescribed account . . . . . . . . . . . . . . . . . . . . . . . . . . 218 Subdivision 3 Interest on trust accounts paid to department 287 Arrangement with financial institution . . . . . . . . . . . . . . . . . . . . . . 218 Subdivision 4 Legal Practitioner Interest on Trust Accounts Fund 288 Establishment of fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 219 289 Payments from fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 220 290 Minister to decide distribution. . . . . . . . . . . . . . . . . . . . . . . . . . . . 221 291 Submission of budgets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 221

13 Legal Profession Bill 2007 Division 7 Miscellaneous 292 Restrictions on receipt of trust money . . . . . . . . . . . . . . . . . . . . . 222 293 Application of Act to incorporated legal practices and multi-disciplinary partnerships . . . . . . . . . . . . . . . . . . . . . . . . . . . 223 294 Disclosure to clients--money not received or held as trust money ....................................... 223 295 Disclosure of accounts used to hold money entrusted to legal practitioners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 224 296 Report about law society's functions . . . . . . . . . . . . . . . . . . . . . . 224 297 Report about law practice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 224 298 Regulation-making power relating to trust money and trust accounts ....................................... 225 Part 3.4 Costs disclosure and assessment Division 1 Preliminary 299 Main purposes of pt 3.4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 226 300 Definitions for pt 3.4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 227 301 Terms relating to third party payers . . . . . . . . . . . . . . . . . . . . . . . 228 Division 2 Application of this part 302 Application of part--first instructions rule. . . . . . . . . . . . . . . . . . . 229 303 Part also applies by agreement or at client's election. . . . . . . . . . 229 304 Displacement of part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 230 305 How and where does a client first instruct a law practice . . . . . . . 231 306 When does a matter have a substantial connection with this jurisdiction ........................................ 231 307 What happens when different laws apply to a matter. . . . . . . . . . 231 Division 3 Costs disclosure 308 Disclosure of costs to clients . . . . . . . . . . . . . . . . . . . . . . . . . . . . 232 309 Disclosure if another law practice is to be retained . . . . . . . . . . . 234 310 How and when must disclosure be made to a client . . . . . . . . . . 235 311 Exceptions to requirement for disclosure . . . . . . . . . . . . . . . . . . . 235 312 Additional disclosure--settlement of litigious matters . . . . . . . . . 238 313 Additional disclosure--uplift fees . . . . . . . . . . . . . . . . . . . . . . . . . 238 314 Form of disclosure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 238 315 Ongoing obligation to disclose . . . . . . . . . . . . . . . . . . . . . . . . . . . 239 316 Effect of failure to disclose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 239 317 Progress reports. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 240 318 Disclosure to associated third party payers . . . . . . . . . . . . . . . . . 241

14 Legal Profession Bill 2007 Division 4 Legal costs generally 319 On what basis are legal costs recoverable . . . . . . . . . . . . . . . . . . 242 320 Security for legal costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 242 321 Interest on unpaid legal costs. . . . . . . . . . . . . . . . . . . . . . . . . . . . 242 Division 5 Costs agreements 322 Making costs agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 243 323 Conditional costs agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . 244 324 Conditional costs agreements involving uplift fees . . . . . . . . . . . . 245 325 Contingency fees are prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . 246 326 Effect of costs agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 246 327 Particular costs agreements are void . . . . . . . . . . . . . . . . . . . . . . 246 328 Setting aside costs agreements . . . . . . . . . . . . . . . . . . . . . . . . . . 247 Division 6 Billing 329 Legal costs can not be recovered unless bill has been served . . 250 330 Bills. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 250 331 Notification of client's rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252 332 Request for itemised bill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252 333 Interim bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 253 Division 7 Costs assessment 334 Definition for div 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 253 335 Application by clients or third party payers for costs assessment 253 336 Application for costs assessment by law practice retaining another law practice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 256 337 Application for costs assessment by law practice giving bill. . . . . 257 338 Consequences of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . 257 339 Persons to be notified of application. . . . . . . . . . . . . . . . . . . . . . . 258 340 Assessment of complying costs agreements . . . . . . . . . . . . . . . . 258 341 Criteria for assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 259 342 Costs of assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260 343 Referral for disciplinary action . . . . . . . . . . . . . . . . . . . . . . . . . . . 260 344 Contracting out of div 7 by sophisticated clients etc. . . . . . . . . . . 261 Division 8 Speculative personal injury claims 345 Main purpose of div 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261 346 Definitions for div 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261 347 Maximum payment for conduct of speculative personal injury claim ......................................... 262

15 Legal Profession Bill 2007 Division 9 Miscellaneous 348 Application of part to incorporated legal practices and multi-disciplinary partnerships . . . . . . . . . . . . . . . . . . . . . . . . . . . 264 349 Imputed acts, omission or knowledge . . . . . . . . . . . . . . . . . . . . . 264 350 Preservation of confidentiality . . . . . . . . . . . . . . . . . . . . . . . . . . . 265 351 Preservation of privilege. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265 352 Ordinary protection and immunity allowed . . . . . . . . . . . . . . . . . . 265 Part 3.5 Professional indemnity insurance 353 Professional indemnity insurance. . . . . . . . . . . . . . . . . . . . . . . . . 266 354 Continuing obligation for professional indemnity insurance . . . . . 267 Part 3.6 Fidelity cover Division 1 Preliminary 355 Main purpose of pt 3.6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 268 356 Definitions for pt 3.6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 268 357 Application of pt 3.6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 269 358 Time of default . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 270 Division 2 Fidelity fund 359 Establishment of fidelity fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . 270 360 Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 270 361 Limitation on borrowing powers of law society for fidelity fund . . . 271 362 Fund to be kept in separate account . . . . . . . . . . . . . . . . . . . . . . 271 363 Moneys payable into fidelity fund . . . . . . . . . . . . . . . . . . . . . . . . . 272 364 Expenditure from fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 272 365 Audit of accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 273 366 Law society may delegate its powers in relation to the fidelity fund to a committee of management . . . . . . . . . . . . . . . . . . . . . . 273 367 Minister may require report about fund . . . . . . . . . . . . . . . . . . . . 273 368 Contribution to fidelity fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 274 369 Levy for benefit of fidelity fund . . . . . . . . . . . . . . . . . . . . . . . . . . . 274 370 Law society may advance moneys from its general funds to fidelity fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 275 Division 3 Defaults to which this part applies 371 Meaning of relevant jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . 275 372 Defaults to which this part applies . . . . . . . . . . . . . . . . . . . . . . . . 276 373 Defaults relating to financial services or investments. . . . . . . . . . 277 Division 4 Claims about defaults 374 Claims about defaults . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 278

16 Legal Profession Bill 2007 375 Time limit for making claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 278 376 Advertisements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 279 377 Time limit for making claims following advertisement. . . . . . . . . . 280 378 Claims not affected by certain matters . . . . . . . . . . . . . . . . . . . . . 280 379 Investigation of claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 281 380 Advance payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 281 Division 5 Deciding claims 381 Law society to decide claim . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 282 382 Maximum amount allowable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 283 383 Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 283 384 Interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 284 385 Reduction of claim because of other benefits . . . . . . . . . . . . . . . 284 386 Subrogation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 285 387 Proceedings brought under right of subrogation . . . . . . . . . . . . . 285 388 Repayment of surplus amount . . . . . . . . . . . . . . . . . . . . . . . . . . . 286 389 Notification of delay in making decision . . . . . . . . . . . . . . . . . . . . 286 390 Notification of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 287 Division 6 Right of action against external examiner 391 External examiner guilty of neglect . . . . . . . . . . . . . . . . . . . . . . . 287 Division 7 Appeals 392 Appeal against decision on claim . . . . . . . . . . . . . . . . . . . . . . . . . 288 393 Appeal against failure to decide claim within 1 year. . . . . . . . . . . 289 394 Proceedings on appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 290 Division 8 Payments from fidelity fund for defaults 395 Payments for defaults . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 290 396 Caps on payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 291 397 Sufficiency of fidelity fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 291 Division 9 Claims by law practices or associates 398 Claims by law practices or associates about defaults . . . . . . . . . 292 399 Claims by law practices or associates about notional defaults. . . 293 Division 10 Defaults involving interstate elements 400 Concerted interstate defaults . . . . . . . . . . . . . . . . . . . . . . . . . . . . 293 401 Defaults involving interstate elements if committed by 1 associate only ..................................... 294 Division 11 Inter-jurisdictional provisions 402 Protocols . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 295

17 Legal Profession Bill 2007 403 Forwarding claims to corresponding authority in another jurisdiction ..................................... 296 404 Investigation of defaults to which this part applies . . . . . . . . . . . . 296 405 Investigation of defaults to which a corresponding law applies . . 296 406 Investigation of concerted interstate defaults and other defaults involving interstate elements . . . . . . . . . . . . . . . . . . . . . . . . . . . . 297 407 Recommendations by law society to corresponding authority . . . 297 408 Recommendations to and decisions by law society after receiving recommendations from corresponding authority. . . . . . 298 409 Request to another jurisdiction to investigate aspects of claim . . 298 410 Request from another jurisdiction to investigate aspects of claim 299 411 Cooperation with other authorities . . . . . . . . . . . . . . . . . . . . . . . . 299 Division 12 Miscellaneous 412 Interstate legal practitioner becoming authorised to withdraw from local trust account . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 299 413 Application of part to incorporated legal practices . . . . . . . . . . . . 300 414 Application of part to multi-disciplinary partnerships . . . . . . . . . . 301 415 Application of part to Australian lawyers whose practising certificates have lapsed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 301 Chapter 4 Complaints and discipline Part 4.1 Preliminary 416 Main purposes of ch 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 302 417 Application of chapter to lawyers, former lawyers and former practitioners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 303 Part 4.2 Key concepts 418 Meaning of unsatisfactory professional conduct. . . . . . . . . . . . . . 303 419 Meaning of professional misconduct . . . . . . . . . . . . . . . . . . . . . . 303 420 Conduct capable of constituting unsatisfactory professional conduct or professional misconduct . . . . . . . . . . . . . . . . . . . . . . . 304 421 Meaning of respondent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 305 Part 4.3 Application of this chapter 422 Practitioners to whom this chapter applies . . . . . . . . . . . . . . . . . . 306 423 Conduct to which this chapter applies--generally . . . . . . . . . . . . 306 424 Conduct to which this chapter applies--insolvency, serious offences and tax offences. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 307 425 Chapter also applies to law practice employees. . . . . . . . . . . . . . 308 426 Chapter also extends to other persons in particular circumstances ................................. 308 427 Chapter also applies to unlawful operators . . . . . . . . . . . . . . . . . 309

18 Legal Profession Bill 2007 Part 4.4 Complaints about Australian legal practitioners 428 Conduct about which complaint may be made. . . . . . . . . . . . . . . 309 429 Making a complaint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 309 430 Complaints made over 3 years after conduct concerned . . . . . . . 310 431 Further information and verification . . . . . . . . . . . . . . . . . . . . . . . 311 432 Summary dismissal of complaints . . . . . . . . . . . . . . . . . . . . . . . . 312 433 Withdrawal of complaints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 313 434 Commissioner may delay dealing with complaint . . . . . . . . . . . . . 314 435 Referral by commissioner to law society or bar association . . . . . 314 436 Commissioner investigating a complaint or investigation matter . 315 437 Australian lawyer to be notified of complaint or investigation matter ........................................ 316 438 Submissions by respondent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 318 439 Role of law society or bar association . . . . . . . . . . . . . . . . . . . . . 318 Part 4.5 Mediation for complaints involving consumer dispute 440 Definition for pt 4.5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 319 441 Mediation of complaint involving consumer dispute solely . . . . . . 320 442 Mediation of hybrid complaint. . . . . . . . . . . . . . . . . . . . . . . . . . . . 320 Part 4.6 Investigations 443 Powers for investigations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 321 444 Referral of costs for assessment . . . . . . . . . . . . . . . . . . . . . . . . . 322 445 Regulation may provide for covering cost of assessment under s 443 or 444 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 323 446 Powers of commissioner relating to complaint or investigation matter relating to unlawful operator . . . . . . . . . . . . . . . . . . . . . . . 323 Part 4.7 Decision of commissioner 447 Decision of commissioner to start proceeding under ch 4 . . . . . . 323 448 Dismissal of complaint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 324 449 Record of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 324 Part 4.8 General procedural matters 450 Duty to deal with complaints efficiently and expeditiously . . . . . . 324 451 Duty to inform complainant about action taken for complaint. . . . 325 Part 4.9 Proceedings in disciplinary body 452 Starting proceeding before a disciplinary body . . . . . . . . . . . . . . 325 453 Hearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 326 454 Joinder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 326 455 Variation of discipline application . . . . . . . . . . . . . . . . . . . . . . . . . 326

19 Legal Profession Bill 2007 456 Decisions of tribunal about an Australian legal practitioner . . . . . 327 457 Orders to be filed in Supreme Court and information notices to be given to parties etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 329 458 Decisions of committee about discipline application . . . . . . . . . . 330 459 Orders to be filed in Supreme Court and information notices to be given to parties etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 331 460 Interlocutory and interim orders . . . . . . . . . . . . . . . . . . . . . . . . . . 332 461 Compliance with decisions and orders. . . . . . . . . . . . . . . . . . . . . 332 462 Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 333 463 Other remedies not affected . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 334 Part 4.10 Compensation orders 464 Meaning of compensation order. . . . . . . . . . . . . . . . . . . . . . . . . . 334 465 Compensation order relating to pecuniary loss . . . . . . . . . . . . . . 335 466 Effect of compensation order . . . . . . . . . . . . . . . . . . . . . . . . . . . . 335 467 Other remedies not affected . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 336 Part 4.10A Appeals from decisions of disciplinary bodies 468 Appeal may be made to Court of Appeal from tribunal's decision 336 469 Appeal to tribunal against committee's decision. . . . . . . . . . . . . . 336 470 Appeal to Court of Appeal in relation to a decision of committee. 337 Part 4.11 Publicising disciplinary action 471 Definition for pt 4.11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 337 472 Discipline register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 338 473 Other means of publicising disciplinary action . . . . . . . . . . . . . . . 339 474 Quashing of disciplinary action. . . . . . . . . . . . . . . . . . . . . . . . . . . 340 475 Liability for publicising disciplinary action . . . . . . . . . . . . . . . . . . . 340 476 Disciplinary action taken because of infirmity, injury or illness . . . 341 477 General provisions about disclosure of information . . . . . . . . . . . 341 Part 4.12 Inter-jurisdictional provisions 478 Protocols . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 342 479 Request to another jurisdiction to investigate complaint or investigation matter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 343 480 Request from another jurisdiction to investigate complaint . . . . . 343 481 Sharing of information with corresponding authorities . . . . . . . . . 343 482 Cooperation with other authorities . . . . . . . . . . . . . . . . . . . . . . . . 344 483 Request for information relevant to a complaint or investigation matter ........................................... 344 484 Compliance with recommendations or orders made under corresponding laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 345

20 Legal Profession Bill 2007 485 Other powers or functions not affected. . . . . . . . . . . . . . . . . . . . . 345 Part 4.13 Miscellaneous 486 Information about complaints procedure . . . . . . . . . . . . . . . . . . . 346 487 Protection from liability for notification of conduct or making a complaint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 346 488 Failure to comply with order of a disciplinary body. . . . . . . . . . . . 347 489 Performance criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 347 490 Annual and other reports to the Minister . . . . . . . . . . . . . . . . . . . 347 491 Confidentiality of client communications . . . . . . . . . . . . . . . . . . . 348 492 Waiver of legal professional privilege or benefit of duty of confidentiality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 348 Chapter 5 External intervention Part 5.1 Preliminary 493 Main purpose of ch 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 349 494 Definitions for ch 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 350 495 Application of ch 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 350 496 Application of chapter to other persons . . . . . . . . . . . . . . . . . . . . 351 Part 5.2 Starting external interventions 497 Circumstances warranting external intervention. . . . . . . . . . . . . . 351 498 Decision regarding external intervention . . . . . . . . . . . . . . . . . . . 353 Part 5.3 Supervisors of trust money 499 Appointment of supervisor of trust money . . . . . . . . . . . . . . . . . . 354 500 Notice of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 355 501 Effect of service of notice of appointment . . . . . . . . . . . . . . . . . . 356 502 Role of supervisor of trust money. . . . . . . . . . . . . . . . . . . . . . . . . 357 503 Records of law practice under supervision. . . . . . . . . . . . . . . . . . 358 504 Termination of supervisor's appointment . . . . . . . . . . . . . . . . . . . 359 Part 5.4 Managers 505 Appointment of manager . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 359 506 Notice of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 360 507 Effect of service of notice of appointment . . . . . . . . . . . . . . . . . . 361 508 Role of manager. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 362 509 Records and accounts of law practice under management . . . . . 364 510 Deceased estates. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 365 511 Termination of manager's appointment . . . . . . . . . . . . . . . . . . . . 365 Part 5.5 Receivers 512 Appointment of receiver . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 366

21 Legal Profession Bill 2007 513 Notice of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 367 514 Effect of service of notice of appointment . . . . . . . . . . . . . . . . . . 368 515 Role of receiver . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 369 516 Records and accounts of law practice under receivership . . . . . . 371 517 Power of receiver to take possession of regulated property. . . . . 371 518 Power of receiver to take delivery of regulated property . . . . . . . 372 519 Power of receiver to deal with regulated property . . . . . . . . . . . . 372 520 Power of receiver to require documents or information . . . . . . . . 373 521 Examinations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 373 522 Lien for costs on regulated property of the law practice . . . . . . . . 374 523 Regulated property of a law practice is not to be attached . . . . . 375 524 Recovery of regulated property where there has been a breach of trust etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 375 525 Improperly destroying property etc. . . . . . . . . . . . . . . . . . . . . . . . 377 526 Deceased estates. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 377 527 Termination of receiver's appointment . . . . . . . . . . . . . . . . . . . . . 378 Part 5.6 General 528 Conditions on appointment of external intervener for a law practice ....................................... 379 529 Status of acts of external intervener for a law practice . . . . . . . . . 380 530 Eligibility for reappointment or authorisation . . . . . . . . . . . . . . . . 380 531 Appeal against appointment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 380 532 Directions of Supreme Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . 381 533 Manager and receiver appointed for law practice. . . . . . . . . . . . . 381 534 ADI disclosure requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . 381 535 Fees, legal costs and expenses . . . . . . . . . . . . . . . . . . . . . . . . . . 382 536 Reports by external intervener for law practice . . . . . . . . . . . . . . 383 537 Confidentiality for external intervener for law practice . . . . . . . . . 384 538 Provisions relating to requirements under this chapter . . . . . . . . 385 539 Obstruction of external intervener . . . . . . . . . . . . . . . . . . . . . . . . 386 Chapter 6 Investigations Part 6.1 Preliminary 540 Main purpose of ch 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 386 541 Definitions for ch 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 386

22 Legal Profession Bill 2007 Part 6.2 Requirements relating to documents, information and other assistance 542 Requirements that may be imposed for investigations, examinations and audits under parts 3.3 and 2.7 . . . . . . . . . . . . 387 543 Requirements that may be imposed for investigations under ch 4 387 544 Provisions relating to requirements under this part . . . . . . . . . . . 388 Part 6.3 Entry to places 545 Power to enter places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 389 546 Entry with consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 390 547 Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 391 548 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 391 549 Application by electronic communication and duplicate warrant . 392 550 Defect in relation to a warrant. . . . . . . . . . . . . . . . . . . . . . . . . . . . 394 551 Warrants--procedure before entry . . . . . . . . . . . . . . . . . . . . . . . . 395 Part 6.4 Powers of investigators after entry 552 General powers of investigator after entering places . . . . . . . . . . 395 553 Power to require reasonable help or information . . . . . . . . . . . . . 396 Part 6.5 Power of investigators to seize evidence 554 Seizing evidence at place entered under s 545 . . . . . . . . . . . . . . 397 555 Securing seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 398 556 Tampering with seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . 398 557 Powers to support seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 398 558 Receipt for seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 399 559 Forfeiture of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 399 560 Dealing with forfeited things etc.. . . . . . . . . . . . . . . . . . . . . . . . . . 400 561 Return of seized things. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 400 562 Access to seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 401 Part 6.6 General enforcement matters 563 Notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 401 564 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 402 565 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . 402 566 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . 402 567 Obstructing investigators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 403 568 Impersonation of investigators . . . . . . . . . . . . . . . . . . . . . . . . . . . 403 Part 6.7 Provisions about investigations relating to incorporated legal practices 569 Definition for pt 6.7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 404

23 Legal Profession Bill 2007 570 Application of part to audits and investigations . . . . . . . . . . . . . . 404 571 Examination of persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 405 572 Inspection of books . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 406 573 Power to hold hearings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 407 574 Failure to comply with investigation . . . . . . . . . . . . . . . . . . . . . . . 407 Part 6.8 Investigators 575 Appointment, qualifications etc. of investigators. . . . . . . . . . . . . . 408 576 Appointment conditions and limit on powers . . . . . . . . . . . . . . . . 409 577 Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 409 578 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . 410 579 When investigator ceases to hold office . . . . . . . . . . . . . . . . . . . . 410 580 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 410 581 Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 411 Chapter 7 Establishment of entities for this Act, and related matters Part 7.1 Legal Services Commissioner Division 1 Preliminary 582 Main purposes of pt 7.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 411 Division 2 Appointment 583 Legal Services Commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . 411 584 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 412 585 Term of appointment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 412 586 Remuneration and conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . 412 587 Acting commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 413 588 Termination of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 413 589 Resignation of commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . 413 Division 3 Functions 590 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 414 Division 4 Legal Services Commission 591 Establishment of commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . 414 592 Staff and other resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 414 593 Preservation of rights if public service officer appointed or engaged ....................................... 415 594 Preservation of rights if person becomes public service officer . . 415 595 Preservation of rights if public service officer seconded . . . . . . . 415 Division 5 Miscellaneous matters about the commissioner 596 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 416

24 Legal Profession Bill 2007 597 Arrangements with regulatory authority about copies of documents ..................................... 417 Part 7.2 Legal Practice Tribunal Division 1 Preliminary 598 Main purpose of pt 7.2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 417 Division 2 Establishment of Legal Practice Tribunal and related matters 599 Establishment, members and chairperson of tribunal . . . . . . . . . 417 600 Way tribunal is to operate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 417 601 Jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 418 602 Powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 418 603 Rule-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 418 604 Practice directions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 418 605 Registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 419 606 Tribunal's seal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 419 Division 3 Panels, members of panels and related matters 607 Establishment of panels for helping the tribunal. . . . . . . . . . . . . . 419 608 Appointment of panel members . . . . . . . . . . . . . . . . . . . . . . . . . . 420 609 Remuneration and appointment conditions of panel members . . 420 610 Termination of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 421 611 Resignation of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 421 Division 4 Role of tribunal members and panel members 612 Role of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 422 613 Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 422 Division 5 Constitution of tribunal for hearings 614 Constitution of tribunal for hearings . . . . . . . . . . . . . . . . . . . . . . . 423 Division 6 Other provisions 615 Institution of proceedings by the commissioner . . . . . . . . . . . . . . 423 616 Contempt of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 424 617 Conduct that is contempt and an offence . . . . . . . . . . . . . . . . . . . 424 618 Protection of members etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 424 Part 7.3 Legal Practice Committee Division 1 Preliminary 619 Main purpose of pt 7.3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 425 620 Definitions for pt 7.3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 425

25 Legal Profession Bill 2007 Division 2 Establishment, membership of committee, functions and powers 621 Establishment of committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 425 622 Committee members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 425 623 Term of appointment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 426 624 Functions and powers of committee. . . . . . . . . . . . . . . . . . . . . . . 426 625 Administrative support . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 426 Division 3 Provisions about committee members 626 Eligibility for membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 427 627 Termination of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 427 628 Resignation of committee member. . . . . . . . . . . . . . . . . . . . . . . . 427 629 Deputy chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 428 630 Remuneration and allowances of lay members . . . . . . . . . . . . . . 428 Division 4 Provisions about committee performing advisory functions 631 Application of pt 7.3, div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 428 632 Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 428 633 Time and place of meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 428 634 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 429 635 Presiding at meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 429 636 Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 429 637 Minutes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 430 638 Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 430 Division 5 Provisions applying to committee for hearings 639 Constitution of committee for hearing. . . . . . . . . . . . . . . . . . . . . . 431 640 Conduct of committee for hearing and deciding discipline applications ...................................... 432 641 Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 432 642 Protection of members etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 433 Part 7.4 Provisions applying to each disciplinary body Division 1 Parties to proceedings 643 Parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 434 Division 2 Conduct of proceedings 644 Public hearings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 435 645 Procedure for hearing by a disciplinary body . . . . . . . . . . . . . . . . 435 646 Recording evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 435 647 Disciplinary body may proceed in absence of party or may adjourn hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 436

26 Legal Profession Bill 2007 648 Matter may be decided on affidavit evidence . . . . . . . . . . . . . . . . 436 649 Standard of proof . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 436 650 Prohibited publication about hearing of a disciplinary application 437 Division 3 Powers of disciplinary body 651 Power to disregard procedural lapses . . . . . . . . . . . . . . . . . . . . . 438 652 Directions for hearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 438 653 Attendance notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 439 654 Authentication of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . 439 Division 4 Offences 655 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . 440 656 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . 440 Part 7.5 Legal Practitioners Admissions Board Division 1 Preliminary 657 Main purpose of pt 7.5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 441 658 Definitions for pt 7.5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 441 Division 2 Establishment and membership of board 659 Establishment of board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 441 660 Members of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 441 Division 3 Board's functions and powers 661 Functions and powers of board etc. . . . . . . . . . . . . . . . . . . . . . . . 442 662 Administrative support of the board . . . . . . . . . . . . . . . . . . . . . . . 443 Division 4 Provisions about board members 663 Term of appointment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 443 664 Chairperson and deputy chairperson . . . . . . . . . . . . . . . . . . . . . . 443 665 Eligibility for membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 443 666 Termination of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 443 667 Resignation of board member . . . . . . . . . . . . . . . . . . . . . . . . . . . 444 Division 5 Board business 668 Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 444 669 Times and places of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . 445 670 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 445 671 Presiding at meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 445 672 Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 445 673 Minutes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 446 674 Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 446

27 Legal Profession Bill 2007 Division 6 Miscellaneous 675 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 447 676 Application of particular Acts to board . . . . . . . . . . . . . . . . . . . . . 448 Part 7.6 Queensland Law Society Incorporated Division 1 Preliminary 677 Main purpose of pt 7.6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 448 678 Definitions for pt 7.6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 448 Division 2 Constitution and related matters about the law society 679 Establishment of Queensland Law Society . . . . . . . . . . . . . . . . . 449 680 Functions of the law society . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 449 681 General powers of the law society . . . . . . . . . . . . . . . . . . . . . . . . 450 682 Status of the law society because of its establishment in Act . . . 450 683 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 451 Division 3 Membership of law society 684 Membership of law society . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 452 Division 4 Council and its membership and officers of the law society 685 Council of the law society . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 452 686 President, deputy president and vice-president of the law society ...................................... 453 687 Dealing with casual vacancy . . . . . . . . . . . . . . . . . . . . . . . . . . . . 453 688 No defect because of vacancy . . . . . . . . . . . . . . . . . . . . . . . . . . . 453 689 Secretary and other staff of the law society . . . . . . . . . . . . . . . . . 454 Division 5 Council meetings 690 Conduct of business at meetings . . . . . . . . . . . . . . . . . . . . . . . . . 454 691 Presiding at meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 454 692 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 454 693 Conduct of council meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . 455 694 Minutes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 455 695 Disclosure of interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 455 Division 6 Law society may make rule 696 Rule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 457 697 Notice by Minister about law society making rules . . . . . . . . . . . . 457 698 Availability of society rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 458 Division 7 Miscellaneous 699 Starting proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 458 700 Recovery of unpaid amount . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 458

28 Legal Profession Bill 2007 Chapter 8 General Part 8.1 General provisions Division 1 Liabilities, injunctions, protection of information etc. 701 Liability of principals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 459 702 Executive officers must ensure corporation complies with Act. . . 459 703 Injunctions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 461 704 Disclosure of information by commissioner, regulatory authorities and other entities . . . . . . . . . . . . . . . . . . . . . . . . . . . . 462 705 Confidentiality of personal information . . . . . . . . . . . . . . . . . . . . . 463 706 Duty of relevant entities to report suspected offences . . . . . . . . . 465 707 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 467 Division 2 Offences, starting proceedings and evidentiary and other matters 708 Offences are summary offences. . . . . . . . . . . . . . . . . . . . . . . . . . 468 709 Limitation on time for starting summary proceeding . . . . . . . . . . 468 710 Appointments and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 468 711 Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 468 712 Evidentiary aids--documents. . . . . . . . . . . . . . . . . . . . . . . . . . . . 469 713 Dealing with particular trust money and trust property (Trust Accounts Act, section 33). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 469 Part 8.2 Machinery provisions 714 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 471 715 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 472 Chapter 9 Transitional, savings and repeal provisions for Legal Profession Act 2007 Part 9.1 Purposes, definitions and general approach 716 Main purposes of ch 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 473 717 Definitions for ch 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 474 718 Authorised actions and documents etc. under previous provision 474 719 Things continued in force under Legal Profession Act 2004 . . . . 475 720 Terminology in things mentioned in s 718(1) . . . . . . . . . . . . . . . . 475 721 Period stated in previous provision. . . . . . . . . . . . . . . . . . . . . . . . 476 722 Period or date stated in document given under previous provision ..................................... 476 723 Acts Interpretation Act 1954, s 20 not limited. . . . . . . . . . . . . . . . 477 Part 9.2 Transitional provisions relating to chapter 2 724 Act or omission happening before commencement may be relevant to proceeding for particular acts or omissions . . . . . . . . 477

29 Legal Profession Bill 2007 725 Examples for ch 2 of things under s 718 . . . . . . . . . . . . . . . . . . . 478 Part 9.3 Transitional provisions relating to chapter 3 Division 1 Examples for chapter 3 726 Examples for ch 3 of things under s 718 . . . . . . . . . . . . . . . . . . . 481 Division 2 Matters dealt with in part 3.3 727 Continued application of Trust Accounts Act 1973 . . . . . . . . . . . . 483 728 Provision about application of s 268. . . . . . . . . . . . . . . . . . . . . . . 484 729 Provision about application of s 270. . . . . . . . . . . . . . . . . . . . . . . 484 730 Provision about application of s 276. . . . . . . . . . . . . . . . . . . . . . . 484 731 Provision about application of s 278. . . . . . . . . . . . . . . . . . . . . . . 485 Division 3 Matters dealt with in part 3.4 Subdivision 1 Preliminary 732 Definitions for pt 9.3, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 485 733 General application of pt 3.4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 486 Subdivision 2 Client agreements 734 Client agreements may be entered into despite pt 3.4 . . . . . . . . . 486 735 Application of part 3.4 to client agreements etc. . . . . . . . . . . . . . 486 736 Failure to comply with Queensland Law Society Act 1952 after commencement and before relevant day . . . . . . . . . . . . . . . . . . . 488 Subdivision 3 Billing 737 Application of pt 3.4, div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 488 Subdivision 4 Costs assessments 738 All costs assessments to be under pt 3.4, div 7 . . . . . . . . . . . . . . 489 739 Costs assessment started before commencement . . . . . . . . . . . 489 Division 4 Matters dealt with in part 3.6 740 Amounts payable to and from the fidelity fund before commencement ................................... 490 741 Delegation to committee of management before commencement ............................... 491 742 Claims for acts or omissions happening before commencement . 491 743 Reference in s 377 to previous sections. . . . . . . . . . . . . . . . . . . . 492 744 Right of subrogation to continue despite repeal . . . . . . . . . . . . . . 492 745 Payments for defaults under previous ch 2, pt 7. . . . . . . . . . . . . . 492 Part 9.4 Transitional provisions relating to chapter 4 746 Examples for ch 4 of things under s 718 . . . . . . . . . . . . . . . . . . . 493 Part 9.5 Transitional provisions relating to chapter 5 747 Examples for ch 5 of things under s 718 . . . . . . . . . . . . . . . . . . . 495

30 Legal Profession Bill 2007 Part 9.6 Transitional provisions relating to chapter 6 748 Examples for ch 6 of things under s 718 . . . . . . . . . . . . . . . . . . . 497 Part 9.7 Transitional provisions relating to chapter 7 749 Examples for ch 7 of things under s 718 . . . . . . . . . . . . . . . . . . . 498 Part 9.8 Transitional provisions relating to chapter 8 750 Examples for ch 8 of things under s 718 . . . . . . . . . . . . . . . . . . . 501 Part 9.9 Regulation-making power for transitional purposes 751 Transitional regulation-making power . . . . . . . . . . . . . . . . . . . . . . 502 Part 9.10 Repeal of the Legal Profession Act 2004 752 Repeal of Legal Profession Act 2004 . . . . . . . . . . . . . . . . . . . . . . 503 Part 9.11 Provisions relating to Trust Accounts Act 1973 753 Definitions for pt 9.11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 503 754 Trust accounts and trust moneys under Trust Accounts Act. . . . . 504 755 Accounting and other records . . . . . . . . . . . . . . . . . . . . . . . . . . . 504 756 Dealing with particular trust moneys . . . . . . . . . . . . . . . . . . . . . . 504 757 Provision about particular auditors and audits . . . . . . . . . . . . . . . 504 758 Continuing application of Trust Accounts Act, s 5 . . . . . . . . . . . . 505 759 Continuing application of Trust Accounts Act, ss 12 and 13. . . . . 505 760 Continuing application of Trust Accounts Act, s 14(2) and (3) . . . 505 761 Continuing application of Trust Accounts Act, ss 15 and 16. . . . . 506 762 Continuing application of Trust Accounts Act, s 17 . . . . . . . . . . . 506 763 Continuing application of Trust Accounts Act, s 19 . . . . . . . . . . . 506 764 Continuing application of Trust Accounts Act, s 28A . . . . . . . . . . 507 765 Continuing application of Trust Accounts Act, s 30 . . . . . . . . . . . 507 766 Continuing application of Trust Accounts Act, s 33 . . . . . . . . . . . 508 Part 9.12 Repeal of Queensland Law Society Act 1952 767 Repeal of the Queensland Law Society Act 1952 . . . . . . . . . . . . 508 768 Transitional provision about examination of accounts under Queensland Law Society Act 1952 . . . . . . . . . . . . . . . . . . . . . . . 508 769 Another transitional provision for repeal of Queensland Law Society Act 1952 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 509 Part 9.13 Amendment of Acts 770 Acts amended in sch 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 510 Schedule 1 Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 511 Criminal Law (Rehabilitation of Offenders) Act 1986 . . . . . . . . . . 511 Director of Public Prosecutions Act 1984 . . . . . . . . . . . . . . . . . . . 511 District Court of Queensland Act 1967. . . . . . . . . . . . . . . . . . . . . 512

31 Legal Profession Bill 2007 Justices Act 1886 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 512 Justices of the Peace and Commissioners for Declarations Act 1991 .......................................... 513 Juvenile Justice Act 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 513 Land Sales Act 1984 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 513 Land Title Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 516 Legal Aid Queensland Act 1997. . . . . . . . . . . . . . . . . . . . . . . . . . 517 Magistrates Courts Act 1921 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 520 Personal Injuries Proceedings Act 2002. . . . . . . . . . . . . . . . . . . . 520 Police Service Administration Act 1990 . . . . . . . . . . . . . . . . . . . . 521 Property Agents and Motor Dealers Act 2000 . . . . . . . . . . . . . . . 522 Retail Shop Leases Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 522 Supreme Court Act 1995 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 522 Supreme Court Library Act 1968 . . . . . . . . . . . . . . . . . . . . . . . . . 523 Supreme Court of Queensland Act 1991 . . . . . . . . . . . . . . . . . . . 523 Transport Operations (Marine Safety) Act 1994 . . . . . . . . . . . . . . 524 Trust Accounts Act 1973. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 525 Schedule 2 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 528

2007 A Bill for An Act to provide for admission to, and the regulation of, the legal profession, and for entities involving members of the legal profession, and for other purposes

s1 34 s3 Legal Profession Bill 2007 The Parliament of Queensland enacts-- 1 Chapter 1 Introduction 2 Part 1.1 Preliminary 3 1 Short title 4 This Act may be cited as the Legal Profession Act 2007. 5 2 Commencement 6 This Act, other than sections 218, 219, 220, 221, 222, 224, 7 696, 714 and commences on day to be fixed by proclamation. 8 3 Main purposes 9 The main purposes of this Act are as follows-- 10 (a) to provide for the regulation of legal practice in this 11 jurisdiction in the interests of the administration of 12 justice and for the protection of consumers of the 13 services of the legal profession and the public generally; 14 (b) to facilitate the regulation of legal practice on a national 15 basis across State borders. 16

s4 35 s6 Legal Profession Bill 2007 Part 1.2 Interpretation 1 Division 1 Dictionary 2 4 Definitions 3 The dictionary in schedule 2 defines particular words used in 4 this Act. 5 Division 2 Meaning of various terms 6 5 Terms relating to lawyers 7 (1) An Australian lawyer is a person who is admitted to the legal 8 profession under this Act or a corresponding law. 9 (2) A local lawyer is a person who is admitted to the legal 10 profession under this Act, whether or not the person is also 11 admitted under a corresponding law. 12 (3) An interstate lawyer is a person who is admitted to the legal 13 profession under a corresponding law, but not under this Act. 14 (4) In this section-- 15 this Act includes a previous Act. 16 6 Terms relating to legal practitioners 17 (1) An Australian legal practitioner is an Australian lawyer who 18 holds a current local practising certificate or a current 19 interstate practising certificate. 20 (2) A local legal practitioner is an Australian lawyer who holds a 21 current local practising certificate. 22 (3) An interstate legal practitioner is an Australian lawyer who 23 holds a current interstate practising certificate, but not a local 24 practising certificate. 25

s7 36 s7 Legal Profession Bill 2007 7 Terms relating to associates and principals of law 1 practices 2 (1) An associate, of a law practice, is-- 3 (a) an Australian legal practitioner who is-- 4 (i) a sole practitioner if the law practice is constituted 5 by the practitioner; or 6 (ii) a partner in the law practice if the law practice is a 7 law firm; or 8 (iii) a legal practitioner director in the law practice if 9 the law practice is an incorporated legal practice; 10 or 11 (iv) a legal practitioner partner in the law practice if the 12 law practice is a multi-disciplinary partnership; or 13 (v) an employee of, or consultant to, the law practice; 14 or 15 (b) an agent of the law practice who is not an Australian 16 legal practitioner; or 17 (c) an employee of the law practice who is not an Australian 18 legal practitioner; or 19 (d) an Australian-registered foreign lawyer who is a partner 20 in the law practice; or 21 (e) a person who is a partner in the multi-disciplinary 22 partnership but who is not an Australian legal 23 practitioner; or 24 (f) an Australian-registered foreign lawyer who has a 25 relationship with the law practice, that is a class of 26 relationship prescribed under a regulation. 27 (2) A legal practitioner associate, of a law practice, is an 28 associate of the practice who is an Australian legal 29 practitioner. 30 (3) A lay associate, of a law practice, is an associate of the 31 practice who is not an Australian legal practitioner. 32 (4) A principal, of a law practice, is an Australian legal 33 practitioner who is-- 34

s8 37 s8 Legal Profession Bill 2007 (a) a sole practitioner if the law practice is constituted by 1 the practitioner; or 2 (b) a partner in the law practice if the law practice is a law 3 firm; or 4 (c) a legal practitioner director in the law practice if the law 5 practice is an incorporated legal practice; or 6 (d) a legal practitioner partner in the law practice if the law 7 practice is a multi-disciplinary partnership. 8 8 Home jurisdiction 9 (1) The home jurisdiction, for an Australian legal practitioner, is 10 the jurisdiction in which the practitioner's only or most recent 11 current Australian practising certificate was granted. 12 (2) The home jurisdiction, for an Australian-registered foreign 13 lawyer, is the jurisdiction in which the lawyer's only or most 14 recent current registration was granted. 15 (3) The home jurisdiction, for an associate of a law practice who 16 is neither an Australian legal practitioner nor an 17 Australian-registered foreign lawyer, is-- 18 (a) if only 1 jurisdiction is the home jurisdiction for the 19 only associate of the practice who is an Australian legal 20 practitioner or for all the associates of the practice who 21 are Australian legal practitioners--that jurisdiction; or 22 (b) if no 1 jurisdiction is the home jurisdiction for all the 23 associates of the practice who are Australian legal 24 practitioners-- 25 (i) the jurisdiction in which the office is situated at 26 which the associate performs most of his or her 27 duties for the practice; or 28 (ii) if a jurisdiction can not be decided under 29 subparagraph (i)--the jurisdiction in which the 30 associate is enrolled under a law of the jurisdiction 31 to vote at elections for the jurisdiction; or 32 (iii) if a jurisdiction can not be decided under 33 subparagraph (i) or (ii)--the jurisdiction decided 34 under criteria prescribed under a regulation. 35

s9 38 s9 Legal Profession Bill 2007 9 Suitability matters 1 (1) Each of the following is a suitability matter in relation to a 2 natural person-- 3 (a) whether the person is currently of good fame and 4 character; 5 (b) whether the person is or has been an insolvent under 6 administration; 7 (c) whether the person has been convicted of an offence in 8 Australia or a foreign country, and if so-- 9 (i) the nature of the offence; and 10 (ii) how long ago the offence was committed; and 11 (iii) the person's age when the offence was committed; 12 (d) whether the person engaged in legal practice in 13 Australia-- 14 (i) when not admitted to the legal profession, or not 15 holding a practising certificate, as required under a 16 relevant law or a corresponding law; or 17 (ii) if admitted to the legal profession, in contravention 18 of a condition on which admission was granted; or 19 (iii) if holding an Australian practising certificate, in 20 contravention of a condition applicable to the 21 certificate or while the certificate was suspended; 22 (e) whether the person has practised law in a foreign 23 country-- 24 (i) when not permitted under a law of that country to 25 do so; or 26 (ii) if permitted to do so, in contravention of a 27 condition of the permission; 28 (f) whether the person is currently subject to an unresolved 29 complaint, investigation, charge or order under any of 30 the following-- 31 (i) a relevant law; 32 (ii) a corresponding law; 33 (iii) a corresponding foreign law; 34

s9 39 s9 Legal Profession Bill 2007 (g) whether the person-- 1 (i) is the subject of current disciplinary action, 2 however expressed, in another profession or 3 occupation in Australia or a foreign country; or 4 (ii) has been the subject of disciplinary action, 5 however expressed, relating to another profession 6 or occupation that involved a finding of guilt; 7 (h) whether the person's name has been removed from-- 8 (i) a local roll but has not since been restored to or 9 entered on a local roll; or 10 (ii) an interstate roll, but has not since been restored to 11 or entered on an interstate roll; or 12 (iii) a foreign roll; 13 (i) whether the person's right to engage in legal practice has 14 been suspended or cancelled in Australia or a foreign 15 country; 16 (j) whether the person has contravened, in Australia or a 17 foreign country, a law about trust money or trust 18 accounts; 19 (k) whether, under a relevant law, a law of the 20 Commonwealth or a corresponding law, a supervisor, 21 manager or receiver, however described, is or has been 22 appointed in relation to any legal practice engaged in by 23 the person; 24 (l) whether the person is or has been subject to an order 25 under this Act, a previous Act, a law of the 26 Commonwealth or a corresponding law, disqualifying 27 the person from being employed by, or a partner of, an 28 Australian legal practitioner or from managing a 29 corporation that is an incorporated legal practice; 30 (m) whether the person currently is unable to satisfactorily 31 carry out the inherent requirements of practice as an 32 Australian legal practitioner. 33 (2) A matter under subsection (1) is a suitability matter even 34 though it happened before the commencement of this section. 35

s 10 40 s 11 Legal Profession Bill 2007 10 Information notices 1 (1) An information notice is a written notice to a person about a 2 decision relating to the person stating-- 3 (a) the decision; and 4 (b) the reasons for the decision; and 5 (c) if the person may appeal under this Act, that the person 6 may appeal against the decision to a stated court or 7 entity and the day by which the appeal must be started. 8 (2) A provision under this Act may provide that an information 9 notice relevant to the provision must include other stated 10 information. 11 (3) If a person may appeal within a number of days after the day 12 an information notice is given to the person, a defect in the 13 notice does not affect the person's right to appeal in relation to 14 the matters dealt with in the information notice. 15 11 References to convictions for offences 16 (1) A conviction, for an offence, includes either of the following 17 whether or not a conviction is recorded on sentence-- 18 (a) a finding of guilt; 19 (b) the acceptance of a guilty plea. 20 (2) Without limiting subsection (1), quashing a conviction, for an 21 offence-- 22 (a) includes quashing-- 23 (i) a finding of guilt for the offence; or 24 (ii) the acceptance of a guilty plea for the offence; and 25 (b) does not include quashing a conviction if-- 26 (i) a finding of guilt in relation to the offence remains 27 unaffected; or 28 (ii) the acceptance of a guilty plea in relation to the 29 offence remains unaffected. 30 (3) A conviction includes a conviction before the commencement 31 of this section. 32

s 12 41 s 12 Legal Profession Bill 2007 Note-- 1 See also the Criminal Law (Rehabilitation of Offenders) Act 1986, 2 section 9A, table, items 24 and 25. 3 12 Meaning of government legal officer and engaged in 4 government work and related matters 5 (1) A government legal officer is a person whose employment or 6 appointment in any of the following includes or may include 7 engaging in legal practice-- 8 (a) a department of this jurisdiction, the commission, or an 9 agency prescribed under a regulation; 10 (b) a department of government of the Commonwealth; 11 (c) a department of government of another jurisdiction; 12 (d) an agency of another jurisdiction if, under a 13 corresponding law of that jurisdiction, a person 14 engaging in legal practice for the agency is exempted 15 from holding a practising certificate or otherwise does 16 not require a practising certificate. 17 (2) A government legal officer is engaged in government work 18 when the government legal officer is engaged in legal practice 19 in the course of the officer's duties for the entity in relation to 20 which the person is an employee or appointee. 21 Example of engaged in government work-- 22 A public service officer employed by the Department of Justice and 23 Attorney-General is engaged in legal practice at the Department of 24 Education. The officer's duties for the Department of Justice and 25 Attorney-General while working at the Department of Education 26 include providing advice to that department as a client of the 27 Department of Justice and Attorney-General. 28 (3) For an agency prescribed for subsection (1)(a), a regulation 29 may state activities that are, or are not, government work. 30 (4) If a provision under this Act does not apply to a government 31 legal officer engaged in government work, the provision 32 applies to the person who is the government legal officer if the 33 person is engaging in legal practice other than being engaged 34 in government work. 35

s 12 42 s 12 Legal Profession Bill 2007 (5) If a government legal officer holds a practising certificate 1 from the bar association, a condition of the barrister's 2 practising certificate about only practising as a barrister does 3 not apply to the government legal officer to the extent that the 4 government legal officer practises as a solicitor as part of 5 engaging in government work. 6 (6) A government legal officer who is an Australian lawyer does 7 not have any fewer rights, privileges, protections or 8 immunities than an Australian lawyer who is not a 9 government legal officer. 10 (7) A government legal officer who is not an Australian lawyer is 11 subject to the same limitations and obligations to which a 12 government legal officer who is an Australian lawyer is 13 subject. 14 (8) The provisions of this Act about the fidelity fund do not apply 15 to a government legal officer in his or her capacity as a 16 government legal officer engaged in government work even if 17 the government legal officer is the holder of a practising 18 certificate. 19 (9) A government legal officer who is an Australian lawyer but 20 does not hold a current local practising certificate may-- 21 (a) if the officer was admitted to the legal profession as a 22 barrister before 1 July 2004 or engages in government 23 work in the manner of a barrister--call himself or 24 herself a barrister or another term that describes the way 25 the officer engages in government work; or 26 (b) if the officer was admitted to the legal profession as a 27 solicitor before 1 July 2004 or engages in government 28 work in the manner of a solicitor--call himself or 29 herself a solicitor or another term that describes the way 30 the officer engages in government work. 31 (10) Without limiting another subsection, if under an Act an 32 Australian lawyer is allowed to witness a document even 33 though the lawyer does not hold a current local practising 34 certificate-- 35 (a) nothing in this section prevents a government legal 36 officer who is an Australian lawyer but does not hold a 37

s 13 43 s 14 Legal Profession Bill 2007 current local practising certificate from witnessing the 1 document; and 2 (b) when witnessing the document, the government legal 3 officer may include a description or title that is correct at 4 the time, including, for example-- 5 (i) the title of lawyer or Australian lawyer; or 6 (ii) another title involving the government legal 7 officer's employment or appointment as mentioned 8 subsection (1). 9 (11) For a person whose employment or appointment in a 10 department of government of the Commonwealth includes or 11 may include engaging in legal practice as mentioned in 12 subsection (1)(b), this Act is subject to the Judiciary Act 1903 13 (Cwlth). 14 Division 3 Jurisdiction of Supreme Court and 15 related matters 16 13 Inherent jurisdiction of Supreme Court 17 (1) The inherent jurisdiction and power of the Supreme Court in 18 relation to the control and discipline of local lawyers and local 19 legal practitioners is not affected by anything in this Act. 20 (2) The inherent jurisdiction and power-- 21 (a) extends to an interstate legal practitioner as mentioned 22 in section 78;1 and 23 (b) may be exercised by making any order that a 24 disciplinary body may make under this Act. 25 14 Jurisdiction of Supreme Court 26 (1) The Supreme Court must hear and decide each application 27 and appeal made to it under this Act and may make the order 28 it considers appropriate for the application or appeal. 29 1 Section 78 (Interstate legal practitioner is officer of Supreme Court)

s 15 44 s 17 Legal Profession Bill 2007 (2) Subsection (1) is subject to a provision that states the orders 1 that may be made by the court on an application or appeal. 2 (3) This section does not limit section 13. 3 (4) An Australian lawyer is entitled to appear before and be heard 4 by the Supreme Court at a hearing about an application or 5 appeal as mentioned in subsection (1) that is made in relation 6 to the lawyer under this Act. 7 15 Appeal period for appeal to Supreme Court or tribunal 8 (1) This section applies if a provision of this Act provides that a 9 person has a stated number of days to appeal to the Supreme 10 Court or the tribunal (the appeal period). 11 (2) The court or tribunal may allow a person who may appeal 12 within the appeal period to appeal after that appeal period if 13 the court or tribunal considers it appropriate having regard to 14 the extent of, and reasons for, the delay. 15 16 Hearing and deciding particular action without a jury 16 (1) This section applies if an action in relation to any description 17 of civil liability arising out of the business of practising as an 18 Australian legal practitioner is before a court and any person 19 who may be made liable in that action is indemnified under a 20 contract of insurance under a relevant law. 21 (2) If, apart from this section, the action may be heard and 22 decided by a jury in that court, the action must be heard and 23 decided by a judge without a jury. 24 Division 4 Other interpretation matters 25 17 Notes in text may indicate difference to language in 26 corresponding law 27 A note in the text in this Act is sometimes used to indicate 28 why the language in this Act may be different to the language 29 used in corresponding laws. 30

s 18 45 s 19 Legal Profession Bill 2007 Example-- 1 This Act often refers to a law of this jurisdiction, including this Act. 2 Under the Acts Interpretation Act 1954, section 7, the reference to a law 3 includes a reference to statutory instruments made or in force under the 4 law. Accordingly, a reference to this Act includes, for example, a 5 regulation or legal profession rules made or in force under this Act. 6 18 Timing for doing things 7 If no time is provided or allowed for doing something under 8 this Act, the thing is to be done as soon as practicable, and as 9 often as is required. 10 19 Grounds that are reasonable in the circumstances 11 (1) If, under this Act, a person is required to be satisfied or not 12 satisfied of, or have a belief or suspicion about, a particular 13 matter before the person may do or refrain from doing an act, 14 or make a decision, the person must be satisfied or not 15 satisfied or have the belief or suspicion on grounds that are 16 reasonable in the circumstances. 17 (2) If, under this Act, a person who is satisfied or not satisfied of, 18 or has a belief or suspicion about, a particular matter is 19 required to do or refrain from doing an act, or make a 20 decision, the person must be satisfied or not satisfied, or have 21 the belief or suspicion, on grounds that are reasonable in the 22 circumstances. 23 (3) If, under this Act, an entity is required to consider that a 24 particular matter is appropriate before the entity may do or 25 refrain from doing an act or make a decision, the entity must 26 not do or refrain from doing the act, or make the decision, 27 unless the entity considers the particular matter is appropriate 28 on grounds that are reasonable in the circumstances. 29 (4) The following are examples of entities for subsection (3)-- 30 (a) a disciplinary body; 31 (b) the board; 32 (c) a regulatory authority; 33 (d) the commissioner; 34 (e) an investigator. 35

s 20 46 s 21 Legal Profession Bill 2007 20 References to parts in this Act 1 (1) A reference in this Act to a part by a number is a reference to 2 the part, designated by that number, of this Act. 3 (2) A reference under another Act to a part of this Act by a 4 number without reference to a chapter is a reference to the 5 part, designated by that number, in this Act. 6 Chapter 2 General requirements for 7 engaging in legal practice 8 Part 2.1 Preliminary 9 21 Simplified overview of ch 2 10 (1) Generally, this chapter seeks to achieve the main purposes of 11 this Act by providing that-- 12 (a) legal practice is engaged in only by persons who are 13 properly qualified and hold a current practising 14 certificate; and 15 (b) only persons who are eligible and fit and proper persons 16 for admission to the legal profession are admitted; and 17 (c) an Australian lawyer may obtain a local practising 18 certificate from the law society or bar association and 19 become a local legal practitioner; and 20 (d) police reports and health assessment reports may be 21 obtained for purposes stated in this Act; and 22 (e) the regulation of legal practice on a national basis is 23 promoted by providing for inter-jurisdictional 24 provisions regarding admission to the legal profession 25 and practising certificates; and 26 (f) a corporation may engage in legal practice as an 27 incorporated legal practice while it has a legal 28 practitioner director, and a partnership, consisting of at 29 least 1 partner who is not an Australian legal 30

s 22 47 s 23 Legal Profession Bill 2007 practitioner, may engage in providing legal services in 1 this jurisdiction if there is at least 1 legal practitioner 2 partner; and 3 (g) foreign lawyers may practice foreign law in this 4 jurisdiction as a recognised aspect of legal practice in 5 this jurisdiction to encourage and facilitate the 6 internationalisation of legal services and the legal 7 services sector. 8 (2) Subsection (1) is intended only as a guide to readers as to the 9 general scheme of this chapter. 10 Part 2.2 Reservation of legal work 11 Division 1 Preliminary 12 22 Main purposes for pt 2.2 13 The main purposes of this part are as follows-- 14 (a) to protect the public interest in the proper administration 15 of justice by ensuring that legal work is carried out only 16 by those who are properly qualified to do so; 17 (b) to protect consumers by ensuring that persons carrying 18 out legal work are entitled to do so. 19 23 Part does not apply to a person if authorised under a 20 Commonwealth law or a government legal officer 21 (1) This part does not apply to-- 22 (a) a person authorised to engage in legal practice under a 23 law of the Commonwealth; or 24 (b) a government legal officer engaged in government work. 25 (2) However, subsection (1) does not prevent this part applying to 26 a person only because the person has been enrolled as a 27 barrister or solicitor, as a barrister and solicitor or as a legal 28 practitioner, of the High Court of Australia. 29

s 24 48 s 24 Legal Profession Bill 2007 Division 2 Prohibitions 1 24 Prohibition on engaging in legal practice when not 2 entitled 3 (1) A person must not engage in legal practice in this jurisdiction 4 unless the person is an Australian legal practitioner. 5 Maximum penalty--300 penalty units or 2 years 6 imprisonment. 7 (2) Subsection (1) does not apply to engaging in legal practice of 8 the following kinds-- 9 (a) legal practice engaged in under the authority of a law of 10 this jurisdiction or the Commonwealth; 11 (b) legal practice engaged in by an incorporated legal 12 practice under part 2.7;2 13 (c) the practice of foreign law by an Australian-registered 14 foreign lawyer under part 2.8;3 15 (d) work performed by a trustee company, or a person 16 employed by a trustee company, in the course of-- 17 (i) preparing a will; or 18 (ii) carrying out any other activities involving the 19 administration of trusts, the estate of a living or 20 deceased person or the affairs of a living person; 21 (e) work performed by a PAMDA licensee, or by an 22 employee of a PAMDA licensee, if the licensee or 23 employee only fills in details in a preprinted contract or 24 other document as part of performing the work of a 25 PAMDA licensee and does not give advice about the 26 contract or other document or the details that are filled 27 in; 28 (f) legal practice prescribed under a regulation. 29 (3) Also, subsection (1) does not apply to an Australian lawyer if 30 the lawyer-- 31 2 Part 2.7 (Incorporated legal practices and multi-disciplinary partnerships) 3 Part 2.8 (Legal practice by foreign lawyers)

s 24 49 s 24 Legal Profession Bill 2007 (a) has applied under section 49 to the law society for a 1 local practising certificate and has not been given a 2 notice that the law society has refused to grant the 3 application, or refused to consider the application, as 4 mentioned in section 51; and 5 (b) is employed in or by a law practice and the lawyer has 6 informed the law practice that he or she has applied for, 7 but not yet been granted, a local practising certificate by 8 the law society. 9 (4) A person is not entitled to recover any amount in relation to 10 anything the person did in contravention of subsection (1). 11 (5) A person may recover from someone else (the other person), 12 as a debt due to the person, any amount the person paid to the 13 other person for anything the other person did in 14 contravention of subsection (1). 15 (6) A regulation may make provision about the application, with 16 or without stated changes, of provisions of this Act to persons 17 engaged in legal practice of a kind mentioned in subsection 18 (2) other than paragraphs (a) and (b). 19 (7) In this section-- 20 filling in, in relation to a contract or other document, if the 21 contract or other document is available in electronic form, 22 includes inserting information in the electronic form and 23 printing the contract or other document. 24 PAMDA licensee means the holder of any of the following 25 licences within the meaning of the Property Agents and Motor 26 Dealers Act 2000-- 27 (a) auctioneer's licence; 28 (b) motor dealer's licence; 29 (c) pastoral house director's licence; 30 (d) pastoral house licence; 31 (e) real estate agent's licence; 32 (f) restricted letting agent's licence. 33 trustee company see the Trustee Companies Act 1968, section 34 4. 35

s 25 50 s 26 Legal Profession Bill 2007 25 Prohibition on representing or advertising entitlement to 1 engage in legal practice when not entitled 2 (1) A person must not represent or advertise that the person is 3 entitled to engage in legal practice unless the person is an 4 Australian legal practitioner. 5 Maximum penalty--300 penalty units or 2 years 6 imprisonment. 7 (2) A director, officer, employee or agent of a body corporate 8 must not represent or advertise that the body corporate is 9 entitled to engage in legal practice unless the body corporate 10 is an incorporated legal practice. 11 Maximum penalty--300 penalty units or 2 years 12 imprisonment. 13 (3) Subsections (1) and (2) do not apply to a representation or 14 advertisement about a person being entitled to engage in legal 15 practice as mentioned in section 24(2). 16 (4) A reference in this section to a person-- 17 (a) representing or advertising that the person is entitled to 18 engage in legal practice; or 19 (b) representing or advertising that a body corporate is 20 entitled to engage in legal practice; 21 includes a reference to the person doing anything that states or 22 implies the person or the body corporate is entitled to engage 23 in legal practice. 24 26 Associates who are disqualified or convicted persons 25 (1) A law practice must not have a lay associate whom any 26 principal or legal practitioner associate of the practice knows 27 to be either of the following unless the lay associate is 28 approved by the law society under subsection (2)-- 29 (a) a disqualified person; 30 (b) a person who has been convicted of a serious offence. 31 (2) The law society may, on application, approve a person as a lay 32 associate for this section. 33

s 27 51 s 27 Legal Profession Bill 2007 (3) An approval under this section may be subject to stated 1 conditions. 2 (4) If the law society refuses an application mentioned in 3 subsection (2) or imposes a condition on the approval-- 4 (a) the law society must give the applicant an information 5 notice about the decision to refuse the application or to 6 impose the condition; and 7 (b) the applicant may appeal to the Supreme Court against 8 the refusal or imposition of the condition within 28 days 9 after the day the information notice is given to the 10 applicant. 11 (5) A disqualified person, or a person convicted of a serious 12 offence, must not seek to become a lay associate of a law 13 practice unless the person first informs the law practice of the 14 disqualification or conviction. 15 Maximum penalty--200 penalty units. 16 (6) This section does not apply in circumstances prescribed under 17 a regulation. 18 (7) In this section-- 19 lay associate, in relation to a law practice, includes a 20 consultant to the law practice, however described-- 21 (a) who is not an Australian legal practitioner; and 22 (b) who provides legal or related services to the law 23 practice, other than services prescribed under a 24 regulation. 25 Note-- 26 The term `lay associate' is also defined in section 7(3). 27 Division 3 General 28 27 Professional discipline 29 (1) A contravention of this part by an Australian lawyer who is 30 not an Australian legal practitioner is capable of constituting 31 unsatisfactory professional conduct or professional 32 misconduct. 33

s 28 52 s 29 Legal Profession Bill 2007 (2) Nothing in this part affects any liability that a person who is 1 an Australian lawyer but not an Australian legal practitioner 2 may have under chapter 4,4 and the person may be punished 3 for an offence under this part as well as being dealt with under 4 chapter 4 in relation to the same matter. 5 Part 2.3 Admission of local lawyers 6 Division 1 Preliminary 7 28 Main purposes of pt 2.3 8 The main purposes of this part are as follows-- 9 (a) in the interests of the administration of justice and for 10 the protection of consumers of legal services, to provide 11 a system under which only applicants who have 12 appropriate academic qualifications and practical legal 13 training and who are otherwise fit and proper persons to 14 be admitted to the legal profession are qualified for 15 admission to the legal profession under this Act; 16 (b) to provide for the recognition of equivalent 17 qualifications and training that apply to applicants for 18 admission to the legal profession in other jurisdictions. 19 29 Definitions for pt 2.3 20 In this part-- 21 admission rules means the rules under the Supreme Court of 22 Queensland Act 1991, section 118,5 for admission to the legal 23 profession under this Act and for associated matters. 24 applicant for admission means a person who makes an 25 application for admission. 26 4 Chapter 4 (Complaints and discipline) 5 Supreme Court of Queensland Act 1991, section 118 (Rule-making power)

s 30 53 s 30 Legal Profession Bill 2007 application for admission means an application under section 1 34 for admission to the legal profession under this Act. 2 Supreme Court, in relation to an exercise of power of the 3 court, means-- 4 (a) if the admission rules provide that the power may be 5 exercised by a single Supreme Court judge--a single 6 Supreme Court judge; or 7 (b) otherwise--the Court of Appeal. 8 Division 2 Eligibility and suitability for 9 admission 10 30 Eligibility for admission to the legal profession under this 11 Act 12 (1) A person is eligible for admission to the legal profession 13 under this Act only if the person-- 14 (a) is a natural person aged 18 years or more; and 15 (b) has attained approved academic qualifications or 16 corresponding academic qualifications; and 17 (c) has satisfactorily completed approved practical legal 18 training requirements or corresponding practical legal 19 training requirements. 20 (2) In this section-- 21 approved academic qualifications means academic 22 qualifications that are approved under the admission rules for 23 admission to the legal profession under this Act. 24 approved practical legal training requirements means legal 25 training requirements that are approved under the admission 26 rules for admission to the legal profession under this Act. 27 corresponding academic qualifications means academic 28 qualifications that would qualify the person for admission to 29 the legal profession in another jurisdiction if the board is 30 satisfied that substantially the same minimum criteria apply 31 for the approval of academic qualifications for admission in 32 the other jurisdiction as apply in this jurisdiction. 33

s 31 54 s 32 Legal Profession Bill 2007 corresponding practical legal training requirements means 1 legal training requirements that would qualify the person for 2 admission to the legal profession in another jurisdiction if the 3 board is satisfied that substantially the same minimum criteria 4 apply for the approval of legal training requirements for 5 admission in the other jurisdiction as apply in this jurisdiction. 6 Note-- 7 The board is the Legal Practitioners Admissions Board. 8 31 Suitability for admission 9 (1) A person is suitable for admission to the legal profession 10 under this Act only if the person is a fit and proper person to 11 be admitted. 12 (2) In deciding if the person is a fit and proper person to be 13 admitted, the Supreme Court must consider-- 14 (a) each of the suitability matters in relation to the person to 15 the extent a suitability matter is appropriate; and 16 (b) other matters that the Supreme Court considers relevant. 17 (3) However, the Supreme Court may consider a person to be a fit 18 and proper person to be admitted to the legal profession under 19 this Act despite a suitability matter because of the 20 circumstances relating to the matter. 21 32 Early consideration of suitability 22 (1) This section applies if a person considers a matter may 23 adversely affect an assessment as to whether the person is a fit 24 and proper person to be admitted to the legal profession under 25 this Act. 26 (2) The person may apply, in the approved form, to the board for 27 a declaration that a matter stated in the application, including, 28 for example, a suitability matter, will not, without more, 29 adversely affect the board's assessment as to whether the 30 person is a fit and proper person to be admitted to the legal 31 profession under this Act. 32 (3) The board must consider the application and do 1 of the 33 following-- 34

s 33 55 s 33 Legal Profession Bill 2007 (a) make the declaration; 1 (b) refer the application to the Supreme Court for a 2 direction if the board considers a direction would be 3 appropriate; 4 (c) refuse to make the declaration. 5 (4) A declaration made under subsection (3)(a), or under a 6 direction mentioned in subsection (3)(b), is binding on the 7 board unless the applicant failed to make a full and fair 8 disclosure of all matters relevant to the declaration sought. 9 (5) If the board decides to refuse to make the declaration 10 sought-- 11 (a) the board must give the applicant an information notice 12 about the refusal; and 13 (b) the applicant may appeal to the Supreme Court against 14 the refusal within 28 days after the day the information 15 notice is given to the applicant. 16 33 Involvement of Supreme Court whether by referral or on 17 appeal 18 (1) If an application under section 32(2) is referred to the 19 Supreme Court as mentioned in section 32(3)(b), the court 20 may give a direction to the board as the court considers 21 appropriate. 22 (2) If the applicant appeals to the Supreme Court against the 23 decision of the board to refuse to make the declaration, the 24 appeal is to be by way of rehearing, and fresh evidence or 25 evidence in addition to or in substitution for the evidence 26 before the board may be given on the appeal. 27 (3) On an appeal under this section, the Supreme Court may make 28 an order as it considers appropriate. 29

s 34 56 s 35 Legal Profession Bill 2007 Division 3 Admission to the legal profession 1 under this Act 2 34 Application for admission to the legal profession 3 (1) A person may apply to the Supreme Court to be admitted to 4 the legal profession under this Act. 5 (2) The application must be made in the approved form and under 6 the admission rules. 7 35 Role of Supreme Court relating to application for 8 admission 9 (1) The Supreme Court must hear and decide each application for 10 admission in the way the court considers appropriate. 11 (2) Without limiting subsection (1), the court may-- 12 (a) make an order admitting the applicant to the legal 13 profession as a lawyer if the court is satisfied the 14 applicant for admission is-- 15 (i) eligible for admission to the legal profession under 16 this Act; and 17 (ii) a fit and proper person to be admitted to the legal 18 profession under this Act; or 19 (b) refuse the application if the court is not satisfied as 20 mentioned in paragraph (a). 21 (3) The court's order as mentioned in subsection (2)(a) may be 22 made unconditionally or on conditions the court considers 23 appropriate. 24 (4) In deciding the application, the court may rely on a 25 recommendation of the board under section 39. 26 (5) Also, the court may hear and decide an application for a 27 direction as mentioned in section 32(3)(b) and give a direction 28 to the board as the court considers appropriate. 29

s 36 57 s 37 Legal Profession Bill 2007 36 Conditions 1 (1) This section applies to a person admitted to the legal 2 profession if-- 3 (a) the person's admission under this Act or a previous Act 4 was subject to a condition, whether or not the condition 5 has been amended since it was imposed; and 6 (b) the condition as imposed or amended has not lapsed or 7 been revoked. 8 (2) The Supreme Court may do any of the following in relation to 9 the condition-- 10 (a) revoke or vary the condition on which the person was 11 admitted to the legal profession, whether on application 12 of the person or on the court's own initiative; 13 (b) order the removal of the person's name from the local 14 roll for contravening the condition. 15 (3) Without limiting subsection (2)(b), a contravention of a 16 condition is capable of constituting unsatisfactory 17 professional conduct or professional misconduct. 18 37 Roll of persons admitted to the legal profession as a 19 lawyer 20 (1) The Supreme Court must keep a roll of persons admitted to 21 the legal profession, as a lawyer, under this Act. 22 (2) The local roll must include-- 23 (a) the roll of solicitors and roll of barristers, as kept by the 24 Supreme Court and as in existence immediately before 1 25 July 2004; and 26 (b) the roll of legal practitioners, as kept by the Supreme 27 Court from 1 July 2004 to immediately before the 28 commencement of this section. 29 (3) After the Supreme Court makes an order admitting a person to 30 the legal profession under this Act-- 31 (a) the registrar for the Supreme Court district at which the 32 Supreme Court is sitting must, under the admission 33 rules, enter the person's name on the local roll; and 34

s 38 58 s 39 Legal Profession Bill 2007 (b) the person must sign the local roll. 1 (4) The person's admission to the legal profession under this Act 2 takes effect when the person signs the local roll. 3 (5) Subject to the admission rules, the Brisbane registrar may give 4 written directions to any other registrar about keeping the 5 local roll. 6 38 Local lawyer is officer of Supreme Court 7 (1) A person becomes an officer of the Supreme Court on being 8 admitted to the legal profession under this Act. 9 (2) A person who immediately before the commencement of this 10 section was an officer of the Supreme Court, because of the 11 person's admission as a barrister, solicitor or legal practitioner 12 continues to be an officer of the court. 13 (3) A person ceases to be an officer of the Supreme Court under 14 this section if the person's name is removed from the local 15 roll. 16 Division 4 Powers and functions of board 17 39 Role of the board relating to application for admission 18 (1) The board's role is to help the Supreme Court by making a 19 recommendation about each application for admission. 20 (2) The board must consider each application and, in particular, 21 whether or not-- 22 (a) the application is made under the admission rules; and 23 (b) the applicant is eligible for admission to the legal 24 profession under this Act; and 25 (c) the applicant is a fit and proper person for admission to 26 the legal profession under this Act, including having 27 regard to all suitability matters in relation to the 28 applicant to the extent appropriate; and 29 (d) there are other matters the Supreme Court may consider 30 relevant. 31

s 40 59 s 42 Legal Profession Bill 2007 (3) The board makes a recommendation to the Supreme Court 1 about the application by giving the recommendation to the 2 Brisbane registrar and a copy of it to the applicant. 3 40 Consideration of applicant's eligibility and suitability 4 (1) To help the board to consider an application for admission, the 5 board may, by notice to the applicant for admission, require 6 the applicant-- 7 (a) to give the board stated documents or information; or 8 (b) to cooperate with any inquiries by the board that it 9 considers appropriate. 10 (2) An applicant's failure to comply with a notice under 11 subsection (1) by the date stated in, and in the way required 12 by, the notice is a ground for recommending to the Supreme 13 Court that the applicant not be admitted to the legal profession 14 under this Act. 15 (3) However, if the board considers it appropriate to apply to the 16 Supreme Court for a direction about a matter concerning an 17 application, the board may do so. 18 Division 5 Miscellaneous 19 41 Board may appear before Supreme Court 20 The board, by a member of the board or by an Australian legal 21 practitioner acting for the board, is entitled to appear before 22 and be heard by the Supreme Court at a hearing about any 23 application made under this part or a reference of an 24 application for a direction of the court. 25 42 Fees payable 26 The board must charge the fee prescribed under a regulation 27 for matters under this part or for matters dealt with in the 28 admission rules. 29

s 43 60 s 44 Legal Profession Bill 2007 Part 2.4 Legal practice by Australian 1 legal practitioners 2 Division 1 Preliminary 3 43 Main purposes of pt 2.4 4 The main purposes of this part are as follows-- 5 (a) to facilitate the national practice of law by ensuring that 6 Australian legal practitioners can engage in legal 7 practice in this jurisdiction and to provide for the 8 certification of Australian lawyers whether or not 9 admitted to the legal profession in this jurisdiction; 10 (b) to provide a system for the granting and renewing of 11 local practising certificates. 12 Division 2 Legal practice in this jurisdiction by 13 Australian legal practitioners 14 44 Entitlement to practise in this jurisdiction 15 (1) An Australian legal practitioner is, subject to this Act, entitled 16 to engage in legal practice in this jurisdiction. 17 (2) Also, a government legal officer engaged in government work 18 is, subject to this Act, entitled to engage in legal practice in 19 this jurisdiction as a government legal officer even though the 20 government legal officer is not an Australian legal 21 practitioner. 22 (3) Subsection (2) does not prevent a government legal officer 23 from being the holder of a local practising certificate. 24

s 45 61 s 46 Legal Profession Bill 2007 Division 3 Local practising certificates 1 generally 2 45 Local practising certificates generally 3 (1) Practising certificates may be granted under this part. 4 (2) A regulatory authority may decide the categories of local 5 practising certificates to be granted by it. 6 (3) It is a statutory condition of a local practising certificate that 7 the holder must not hold another local practising certificate, or 8 an interstate practising certificate, that is in force during the 9 currency of the first-mentioned certificate. 10 46 Suitability to hold local practising certificate 11 (1) This section has effect for the purposes of section 516 and any 12 other provision of this Act where the question of whether or 13 not a person is a fit and proper person to hold, or to continue 14 to hold, a local practising certificate is relevant. 15 (2) A regulatory authority of this jurisdiction, in considering 16 whether a person is, or is no longer, a fit and proper person to 17 hold a local practising certificate, may take into account any 18 suitability matter relating to the person, and any of the 19 following, whether happening before or after the 20 commencement of this section-- 21 (a) whether the person obtained an Australian practising 22 certificate because of incorrect or misleading 23 information; 24 (b) whether the person has contravened a condition of an 25 Australian practising certificate held by the person; 26 (c) whether the person has contravened a relevant law or a 27 corresponding law; 28 (d) whether the person has contravened-- 29 (i) an order of a disciplinary body or the Supreme 30 Court; or 31 6 Section 51 (Grant or renewal of local practising certificate)

s 46 62 s 46 Legal Profession Bill 2007 (ii) an order of a corresponding disciplinary body, or 1 of a court or tribunal of another jurisdiction 2 exercising jurisdiction or powers by way of appeal 3 or review of an order of a corresponding 4 disciplinary body; 5 (e) without limiting any other paragraph, whether the 6 person has failed to pay an amount for which the person 7 is or was liable under a relevant law or a corresponding 8 law, including, for example, an amount payable to the 9 fidelity fund or other costs or expenses for which the 10 person is liable under a relevant law; 11 (f) whether, without limiting paragraph (e), the person has 12 contravened a provision of a relevant law or a 13 corresponding law about professional indemnity 14 insurance; 15 (g) other matters the authority thinks are appropriate. 16 (3) A person may be considered a fit and proper person to hold, or 17 to continue to hold, a local practising certificate even though 18 the person is within any of the categories of the matters 19 mentioned in subsection (2), if the relevant authority 20 considers that the circumstances warrant the decision. 21 (4) If a matter was-- 22 (a) disclosed in an application for admission to the legal 23 profession in this or another jurisdiction; and 24 (b) decided by the Supreme Court or the board, or a 25 Supreme Court of another jurisdiction or corresponding 26 authority of another jurisdiction corresponding to the 27 board, not to be sufficient for refusing admission to the 28 legal profession; 29 the matter can not be taken into account as a ground for 30 refusing to grant or renew, or for suspending or cancelling, a 31 local practising certificate, but the matter may be taken into 32 account when considering other matters in relation to the 33 person concerned. 34

s 47 63 s 48 Legal Profession Bill 2007 47 Duration of local practising certificates 1 (1) A local practising certificate granted under this Act is in force 2 from the date stated in it until the end of the financial year in 3 which it is granted, unless the certificate is sooner suspended 4 or cancelled. 5 (2) A local practising certificate renewed under this Act is in 6 force until the end of the financial year following its previous 7 period of currency, unless the certificate is sooner suspended 8 or cancelled. 9 (3) If an application for the renewal of a local practising 10 certificate is received before the time stated in the regulatory 11 authority's administration rules for applying for a renewal but 12 the application has not been decided by the following 1 July, 13 the certificate-- 14 (a) continues in force on and from that 1 July until 1 of the 15 following happens-- 16 (i) the authority renews or refuses to renew the 17 certificate; 18 (ii) the local legal practitioner withdraws the 19 application for renewal; 20 (iii) the certificate is suspended or cancelled; and 21 (b) if renewed, is taken to have been renewed on and from 22 that 1 July. 23 48 Local legal practitioner is officer of Supreme Court 24 A person who is not already an officer of the Supreme Court 25 becomes an officer of the Supreme Court on being granted a 26 local practising certificate. 27

s 49 64 s 49 Legal Profession Bill 2007 Division 4 Grant or renewal of local practising 1 certificates 2 49 Application for grant or renewal of local practising 3 certificate 4 (1) An Australian lawyer may apply to a regulatory authority for 5 the grant or renewal of a local practising certificate if eligible 6 to do so under this section. 7 (2) An Australian lawyer is eligible to apply for the grant or 8 renewal of a local practising certificate if the lawyer complies 9 with all provisions of a regulation and the legal profession 10 rules relating to eligibility for the practising certificate and-- 11 (a) in the case of a lawyer who is not an Australian legal 12 practitioner at the time of making the application-- 13 (i) the lawyer reasonably expects to be engaged in 14 legal practice solely or principally in this 15 jurisdiction during the currency of the certificate or 16 renewal applied for; or 17 (ii) if subparagraph (i) does not apply to the lawyer or 18 it is not reasonably practical to decide whether it 19 applies to the lawyer--the lawyer's place of 20 residence in Australia is this jurisdiction or the 21 lawyer does not have a place of residence in 22 Australia; or 23 (b) in the case of a lawyer who is an Australian legal 24 practitioner at the time of making the application-- 25 (i) the jurisdiction in which the lawyer engages in 26 legal practice solely or principally is this 27 jurisdiction; or 28 (ii) the lawyer holds a current local practising 29 certificate and engages in legal practice in another 30 jurisdiction under an arrangement of a temporary 31 nature; or 32 (iii) the lawyer reasonably expects to be engaged in 33 legal practice solely or principally in this 34 jurisdiction during the currency of the certificate or 35 renewal applied for; or 36

s 49 65 s 49 Legal Profession Bill 2007 (iv) if subparagraphs (i), (ii) and (iii) do not apply to 1 the lawyer or it is not reasonably practical to 2 decide whether subparagraph (i), (ii) or (iii) applies 3 to the lawyer--the lawyer's place of residence in 4 Australia is this jurisdiction or the lawyer does not 5 have a place of residence in Australia. 6 (3) For subsection (2)(b), the jurisdiction in which an Australian 7 lawyer engages in legal practice solely or principally is to be 8 decided by reference to the lawyer's legal practice during the 9 certificate period current at the time-- 10 (a) the application is made; or 11 (b) in the case of a late application--the application should 12 have been made. 13 (4) An Australian lawyer is not eligible to apply for the grant or 14 renewal of a local practising certificate in relation to a 15 financial year if the lawyer would also be the holder of 16 another Australian practising certificate for that year, but this 17 subsection does not limit the factors deciding ineligibility to 18 apply for the grant or renewal of a local practising certificate. 19 (5) An Australian lawyer must not apply for the grant or renewal 20 of a local practising certificate if the lawyer is not eligible to 21 make the application. 22 (6) An Australian legal practitioner who-- 23 (a) engages in legal practice solely or principally in this 24 jurisdiction during a financial year; and 25 (b) reasonably expects to engage in legal practice solely or 26 principally in this jurisdiction in the following financial 27 year; 28 must apply for the grant or renewal of a local practising 29 certificate in relation to the following financial year. 30 (7) Subsection (6) does not apply to an interstate legal 31 practitioner who applied for the grant or renewal of an 32 interstate practising certificate on the basis that the 33 practitioner reasonably expected to engage in legal practice 34 solely or principally in this jurisdiction under an arrangement 35 that is of a temporary nature. 36

s 50 66 s 50 Legal Profession Bill 2007 (8) However, subsection (7) ceases to operate in relation to an 1 interstate legal practitioner at the end of the period prescribed 2 by a regulation for the subsection. 3 (9) A reference in this section to engaging in legal practice 4 principally in this or any other jurisdiction applies only to 5 legal practice in Australia and, accordingly, an Australian 6 lawyer who is engaged or expects to be engaged in legal 7 practice principally in a foreign country is nevertheless 8 eligible to apply for the grant or renewal of a local practising 9 certificate if the lawyer otherwise meets the requirements of 10 this section. 11 Note-- 12 The purpose of subsection (9) is to deal with a case where a person 13 practises both in Australia and overseas. In that case, overseas practice 14 is to be disregarded (even if it forms the principal portion of the person's 15 overall practice), so that eligibility is decided by reference to the 16 person's practice in Australia. 17 50 Manner of application 18 (1) An application for the grant or renewal of a local practising 19 certificate must be-- 20 (a) made in the approved form of the relevant regulatory 21 authority; and 22 (b) made in the way provided for under the administration 23 rules of the relevant regulatory authority; and 24 (c) for an application for renewal--made within the period 25 stated in the administration rules of the relevant 26 regulatory authority. 27 (2) The approved form may require the applicant to disclose 28 matters that may affect the applicant's eligibility for the grant 29 or renewal of a local practising certificate or the question 30 whether the applicant is a fit and proper person to hold a local 31 practising certificate. 32 (3) The approved form may indicate that particular kinds of 33 matters previously disclosed in a particular way need not be 34 disclosed for the purposes of the current application. 35

s 51 67 s 51 Legal Profession Bill 2007 51 Grant or renewal of local practising certificate 1 (1) A regulatory authority must consider an application that has 2 been made to it for the grant or renewal of a local practising 3 certificate and may-- 4 (a) grant or refuse to grant the certificate; or 5 (b) renew or refuse to renew the certificate. 6 (2) The regulatory authority may, when granting or renewing a 7 certificate, impose conditions as mentioned in section 53. 8 (3) The regulatory authority may refuse-- 9 (a) to consider an application if-- 10 (i) it is not made under this Act; or 11 (ii) fees and costs payable under this Act have not been 12 paid; or 13 (b) to grant or renew a local practising certificate if the 14 applicant has not complied with the administration rules 15 of the authority relating to the application. 16 (4) The regulatory authority must not grant a local practising 17 certificate unless it is satisfied that the applicant-- 18 (a) was eligible to apply for the grant when the application 19 was made; and 20 (b) is a fit and proper person to hold the certificate. 21 (5) The regulatory authority must not renew a local practising 22 certificate if it is satisfied that the applicant-- 23 (a) was not eligible to apply for the renewal of the 24 certificate when the application was made; or 25 (b) is not a fit and proper person to continue to hold the 26 certificate.7 27 (6) Also, the regulatory authority must not grant or renew a local 28 practising certificate if the authority considers the applicant's 29 circumstances have changed since the application was made 30 and the applicant would, having regard to information that has 31 come to the authority's attention, not have been eligible to 32 7 See section 46 (Suitability to hold local practising certificate).

s 52 68 s 52 Legal Profession Bill 2007 make the application when the application is being 1 considered. 2 (7) If the regulatory authority grants or renews a local practising 3 certificate, the authority must give the applicant-- 4 (a) for the grant of a certificate--a local practising 5 certificate; or 6 (b) for the renewal of a certificate--a new local practising 7 certificate or a notice of renewal. 8 (8) The regulatory authority must give the applicant an 9 information notice if the authority-- 10 (a) refuses to grant or renew a local practising certificate; or 11 (b) imposes a condition on the certificate and the applicant 12 does not agree to the condition. 13 (9) The applicant may appeal to the Supreme Court against a 14 refusal mentioned in subsection (8) within 28 days after the 15 day the information notice about the decision is given to the 16 applicant. 17 Note-- 18 For matters relevant to the imposition of conditions, see section 54. 19 Division 5 Conditions on local practising 20 certificates 21 52 Conditions generally 22 A local practising certificate is subject to the following-- 23 (a) a condition imposed by the relevant regulatory authority 24 at the time the certificate is granted unless the condition 25 is revoked at a later time; 26 (b) a statutory condition as mentioned in section 45, 55, 56 27 or 57; 28

s 53 69 s 53 Legal Profession Bill 2007 (c) a condition imposed or amended under division 6 or 7;8 1 (d) a condition imposed or amended under chapter 49 or 2 under a corresponding law; 3 (e) a condition imposed or amended under a regulation, the 4 legal profession rules or the administration rules. 5 53 Conditions imposed by law society or bar association 6 (1) At the time a regulatory authority grants a local practising 7 certificate, the authority may impose any reasonable and 8 relevant condition on the practising certificate. 9 (2) A condition may be about any of the following-- 10 (a) requiring the certificate holder to undertake or 11 complete-- 12 (i) continuing legal education; or 13 (ii) stated legal education or training; 14 (b) limiting the certificate holder to supervised legal 15 practice in the way stated in the condition or to the 16 practice of areas of law stated in the condition; 17 (c) controlling, restricting or prohibiting the operation of a 18 trust account; 19 (d) restricting the certificate holder to particular conditions 20 concerning employment or supervision; 21 (e) a matter agreed to by the certificate holder. 22 (3) Subsection (2) does not limit the matters about which a 23 condition may be imposed under this section. 24 (4) The regulatory authority must not impose a condition 25 requiring the certificate holder to undertake and complete 26 stated legal education or training unless-- 27 8 Division 6 (Amendment, suspension or cancellation of local practising certificates) or 7 (Special powers in relation to local practising certificates--show cause events) 9 Chapter 4 (Complaints and discipline)

s 54 70 s 54 Legal Profession Bill 2007 (a) the regulatory authority is satisfied that it is reasonable 1 to require the stated legal education or training to be 2 undertaken, having regard to-- 3 (i) when the holder undertook his or her previous 4 academic studies or legal training, or obtained the 5 previous legal experience; or 6 (ii) the certificate holder's conduct; or 7 (b) the condition is 1 that is imposed generally on 8 certificates holders or a class of certificates holders. 9 (5) A regulatory authority's power to impose a condition 10 mentioned in subsection (2)(a) is not limited by, and does not 11 limit, the regulatory authority's power to impose a condition 12 under its administration rules about a matter mentioned in 13 section 231(2)(e).10 14 54 Applications relating to conditions 15 (1) This section applies if a regulatory authority imposes a 16 condition on a practising certificate, other than a condition 17 applying in relation to a practising certificate under the 18 authority's legal profession rules or administration rules. 19 (2) If the applicant did not apply for a practising certificate to be 20 subject to the condition-- 21 (a) the regulatory authority must give the applicant an 22 information notice about the decision to impose the 23 condition; and 24 (b) the applicant may appeal to the Supreme Court against 25 the imposition within 28 days after the day the 26 information notice is given to the applicant. 27 (3) The regulatory authority may revoke a condition imposed on a 28 practising certificate, on application of the certificate holder in 29 the approved form or on its own initiative, by giving written 30 notice about the revocation to the certificate holder. 31 10 Section 231 (Rules other than legal profession rules)

s 55 71 s 56 Legal Profession Bill 2007 (4) If a certificate holder applies for the revocation of a condition 1 and the relevant regulatory authority refuses to grant the 2 application-- 3 (a) the authority must give the applicant an information 4 notice about the decision refusing the application; and 5 (b) the applicant may appeal to the Supreme Court against 6 the imposition of the condition within 28 days after the 7 day the information notice is given to the applicant. 8 55 Statutory condition regarding conditions imposed on 9 interstate admission 10 It is a statutory condition of a local practising certificate that 11 the certificate holder must not contravene the following-- 12 (a) a condition that was imposed on the holder's admission 13 to the legal profession under a corresponding law (an 14 imposed condition) if the imposed condition is still in 15 force; 16 (b) an imposed condition as amended from time to time. 17 56 Statutory condition regarding practice as solicitor 18 (1) It is a statutory condition of a local practising certificate for a 19 solicitor that the certificate holder must engage in supervised 20 legal practice only, until the certificate holder has 21 completed-- 22 (a) if the certificate holder completed supervised legal 23 training to qualify for admission to the legal profession 24 in this or another jurisdiction--a period or periods 25 equivalent to 18 months supervised legal practice, 26 worked out under a regulation, after the day the holder's 27 first practising certificate was granted; or 28 (b) if the holder completed other practical legal training to 29 qualify for admission to the legal profession in this or 30 another jurisdiction--a period or periods equivalent to 2 31 years supervised legal practice, worked out under a 32 regulation, after the day the holder's first practising 33 certificate was granted. 34

s 57 72 s 57 Legal Profession Bill 2007 (2) Subsection (1) has effect subject to any other conditions that 1 relate to engaging in supervised legal practice as a solicitor 2 after a period or periods mentioned in that subsection. 3 (3) The law society may exempt a person or class of persons from 4 the requirement for supervised legal practice under subsection 5 (1) or may reduce a period mentioned in that subsection for a 6 person or class of persons, if satisfied the person or persons do 7 not need to be supervised or need to be supervised only for a 8 shorter period, having regard to-- 9 (a) the length and nature of any legal practice previously 10 engaged in by the person or persons; and 11 (b) the length and nature of any legal practice engaged in by 12 the supervisors, if any, who previously supervised the 13 legal practice engaged in by the person or persons. 14 (4) An exemption under subsection (3) may be given 15 unconditionally or subject to conditions the law society 16 considers appropriate. 17 (5) In this section-- 18 supervised legal training means practical legal training 19 principally under the supervision of an Australian lawyer, 20 whether involving articles of clerkship or otherwise. 21 57 Statutory condition regarding notification of offence 22 (1) It is a statutory condition of a local practising certificate that 23 the certificate holder must give notice to the relevant 24 regulatory authority if the certificate holder is-- 25 (a) convicted of an offence that would have to be disclosed 26 under the admission rules for an application for 27 admission; or 28 (b) charged with a serious offence. 29 (2) The notice must be in the approved form and given to the 30 regulatory authority within 7 days after-- 31 (a) if the certificate holder is convicted of an offence--the 32 day the person is convicted; or 33 (b) if the certificate holder is charged with an offence--the 34 day the person is charged. 35

s 58 73 s 60 Legal Profession Bill 2007 (3) The regulatory authority's administration rules may state the 1 person to whom, or the address to which, the notice is to be 2 given. 3 (4) This section does not apply to a show cause event to which 4 division 711 applies. 5 58 Compliance with conditions 6 The holder of a current local practising certificate must not 7 contravene, in this jurisdiction or elsewhere, a condition to 8 which the certificate is subject. 9 Example-- 10 If a person engages in unsupervised legal practice and the relevant 11 practising certificate states the certificate holder may only engage in 12 supervised legal practice, the person contravenes a condition of the 13 certificate. The contravention may constitute unsatisfactory professional 14 conduct or professional misconduct under section 420. 15 Division 6 Amendment, suspension or 16 cancellation of local practising 17 certificates 18 59 Application of this division 19 This division does not apply to a show cause event in relation 20 to which a regulatory authority may exercise a power under 21 division 7. 22 60 Grounds for amending, suspending or cancelling a local 23 practising certificate 24 Each of the following is a ground for amending, suspending or 25 cancelling a local practising certificate-- 26 11 Division 7 (Special powers in relation to local practising certificates--show cause events)

s 61 74 s 61 Legal Profession Bill 2007 (a) the certificate holder is no longer a fit and proper person 1 to hold the certificate;12 2 (b) the certificate holder does not have, or no longer has, 3 professional indemnity insurance that complies with this 4 Act in relation to the certificate; 5 (c) if a condition of the certificate is that the certificate 6 holder is limited to legal practice stated in the 7 certificate--the certificate holder is, or has been, 8 engaging in legal practice that the holder is not entitled 9 to engage in under this Act. 10 61 Amending, suspending or cancelling a local practising 11 certificate 12 (1) If the relevant regulatory authority believes a ground exists to 13 amend, suspend or cancel a person's local practising 14 certificate (the proposed action), the authority must give the 15 person a notice (the show cause notice) that-- 16 (a) states the proposed action and-- 17 (i) if the proposed action is to amend the 18 certificate--states the proposed amendment; and 19 (ii) if the proposed action is to suspend the 20 certificate--states the proposed suspension period; 21 and 22 (b) states the grounds for proposing to take the proposed 23 action; and 24 (c) outlines the facts and circumstances that form the basis 25 for the authority's belief; and 26 (d) invites the certificate holder to make written 27 representations to the authority, within a stated time of 28 not less than 28 days, as to why the proposed action 29 should not be taken. 30 (2) If, after considering all written representations made within 31 the stated time or, in its discretion after the stated time, the 32 12 See section 46 (Suitability to hold local practising certificate).

s 61 75 s 61 Legal Profession Bill 2007 regulatory authority still believes a ground exists to take the 1 proposed action, the authority may-- 2 (a) if the show cause notice stated the proposed action was 3 to amend the practising certificate--amend the 4 certificate in the way stated, or in a less onerous way the 5 authority considers appropriate because of the written 6 representations; or 7 (b) if the show cause notice stated the proposed action was 8 to suspend the practising certificate for a stated period-- 9 (i) suspend the certificate for a period no longer than 10 the stated period; or 11 (ii) amend the certificate in a less onerous way the 12 authority considers appropriate because of the 13 written representations; or 14 (c) if the show cause notice stated the proposed action was 15 to cancel the practising certificate-- 16 (i) cancel the certificate; or 17 (ii) suspend the certificate for a period; or 18 (iii) amend the certificate in a less onerous way the 19 authority considers appropriate because of the 20 written representations. 21 (3) If the regulatory authority decides to amend, suspend or 22 cancel the local practising certificate-- 23 (a) the authority must give the certificate holder an 24 information notice about the decision; and 25 (b) the certificate holder may appeal to the Supreme Court 26 against the decision within 28 days after the day the 27 information notice is given to the certificate holder. 28 (4) In this section-- 29 amend, in relation to a local practising certificate, means 30 amend or impose a condition that a regulatory authority may 31 impose at the time of granting a local practising certificate, as 32 mentioned in section 53, otherwise than at the request of the 33 holder of the certificate. 34

s 62 76 s 63 Legal Profession Bill 2007 62 Operation of amendment, suspension or cancellation of 1 local practising certificate 2 (1) This section applies if a decision is made to amend, suspend 3 or cancel a local practising certificate under section 61 or 69. 4 (2) Subject to subsections (3) and (4), the amendment, suspension 5 or cancellation takes effect on the later of the following-- 6 (a) the day that the information notice about the decision is 7 given to the certificate holder; 8 (b) the day stated in the information notice. 9 (3) If the practising certificate is amended, suspended or 10 cancelled because the certificate holder has been convicted of 11 an offence-- 12 (a) the Supreme Court may, on application of the certificate 13 holder, order that the amendment, suspension or 14 cancellation be stayed until-- 15 (i) the end of the time to appeal against the 16 conviction; or 17 (ii) if an appeal is made against the conviction--the 18 appeal is finally decided, lapses or otherwise ends; 19 and 20 (b) the amendment, suspension or cancellation does not 21 have effect during any period for which the stay is in 22 force. 23 (4) If the practising certificate is amended, suspended or 24 cancelled because the certificate holder has been convicted of 25 an offence and a court quashes the conviction-- 26 (a) the amendment or suspension ceases to have effect when 27 the court quashes the conviction; or 28 (b) the cancellation ceases to have effect when the court 29 quashes the conviction and the certificate is restored as 30 if it had merely been suspended. 31 63 Immediate amendment or suspension of local practising 32 certificate 33 (1) This section applies if the relevant regulatory authority in 34 relation to a local legal practitioner considers it necessary in 35

s 63 77 s 63 Legal Profession Bill 2007 the public interest to take action under this section in relation 1 to that legal practitioner, whether or not action in relation to 2 the legal practitioner has been started otherwise than under 3 this division or division 7. 4 (2) The relevant regulatory authority may immediately amend a 5 local practising certificate of the legal practitioner to provide 6 for either of the following-- 7 (a) imposing or amending conditions about controlling or 8 otherwise regulating conditions about the legal 9 practitioner's trust account; 10 (b) suspending stated operations in relation to the certificate 11 holder's trust account or directing the certificate holder 12 not to operate the account. 13 (3) The relevant regulatory authority may immediately suspend 14 the local practising certificate of the legal practitioner for any 15 of the following reasons, whether it happened before or after 16 the commencement of this section-- 17 (a) there is a show cause event in relation to the legal 18 practitioner; 19 (b) the regulatory authority believes there is any ground 20 mentioned in section 60 that would justify the 21 suspension or cancellation of the local practising 22 certificate under section 61; 23 (c) any other ground that the regulatory authority considers 24 warrants suspension of the local practising certificate in 25 the public interest. 26 (4) The relevant regulatory authority amends or suspends a local 27 practising certificate by giving an information notice to the 28 local legal practitioner about the regulatory authority's 29 decision to amend or suspend. 30 (5) The information notice must also state that the local legal 31 practitioner may make written representations to the 32 regulatory authority about the amendment or suspension. 33 (6) Subject to subsection (9), the practising certificate continues 34 to be subject to the amendment or suspension until the earlier 35 of the following-- 36

s 64 78 s 65 Legal Profession Bill 2007 (a) the time at which the regulatory authority informs the 1 local legal practitioner of the authority's decision by 2 information notice under section 61(3); 3 (b) the end of 56 days after the information notice is given 4 to the local legal practitioner under this section. 5 (7) If the local legal practitioner makes written representations to 6 the regulatory authority about the amendment or suspension, 7 the authority must consider the written representations. 8 (8) The regulatory authority may revoke the amendment or 9 suspension at any time, whether or not because of written 10 representations made to it by the local legal practitioner. 11 (9) Also, the regulatory authority may apply to the Supreme 12 Court for an order extending the period of the amendment or 13 suspension and, if the court considers it appropriate and the 14 amendment or suspension has not ended under subsection (6), 15 the court may extend the period of the amendment or 16 suspension for a further period of not more than 56 days after 17 the date of the court order. 18 (10) The regulatory authority must give the certificate holder an 19 information notice about its decision to apply under 20 subsection (9) for an order extending the period of the 21 suspension or amendment. 22 64 Removal from local roll 23 (1) If a local legal practitioner's name is removed from the local 24 roll or a local legal practitioner ceases to be an Australian 25 lawyer, the regulatory authority must cancel the practising 26 certificate by information notice given to the legal 27 practitioner. 28 (2) Section 61 does not apply in a case to which this section 29 applies. 30 65 Consensual amendment or cancellation etc. 31 (1) Subsection (2) applies if-- 32 (a) a local legal practitioner applies, in the approved form, 33 to the regulatory authority to amend or cancel the 34 practitioner's practising certificate; or 35

s 66 79 s 66 Legal Profession Bill 2007 (b) the regulatory authority proposes to amend a local legal 1 practitioner's practising certificate-- 2 (i) only for a formal or clerical reason or in another 3 way that does not adversely affect the practitioner's 4 interests; and 5 (ii) the practitioner agrees in writing to the 6 amendment. 7 (2) The authority may amend or cancel the local practising 8 certificate as mentioned in subsection (1) by written notice 9 given to the legal practitioner. 10 (3) Section 61 does not apply in a case to which this section 11 applies. 12 66 Relationship of div 6 with ch 6 13 (1) An investigator appointed by a regulatory authority may 14 exercise powers under chapter 6 for a matter under this 15 division, as if the matter were the subject of a complaint. 16 (2) Accordingly, the provisions of chapter 6 apply in relation to a 17 matter under this division, and so apply with any necessary 18 changes. 19 (3) Nothing in this division prevents-- 20 (a) a regulatory authority from making a complaint about a 21 matter to which this division relates; or 22 (b) the commissioner from investigating or referring a 23 matter for investigation as mentioned in section 435.13 24 13 Section 435 (Referral by commissioner to law society or bar association)

s 67 80 s 67 Legal Profession Bill 2007 Division 7 Special powers in relation to local 1 practising certificates--show cause 2 events 3 67 Application for local practising certificate if show cause 4 event happened after first admission 5 (1) This section applies if-- 6 (a) a person is applying for the grant of a local practising 7 certificate under this Act; and 8 (b) a show cause event in relation to the person happened, 9 whether before or after the commencement of this 10 section, after the person was first admitted to the legal 11 profession, however the admission was expressed at the 12 time of that admission. 13 (2) As part of the application, the person must give to the relevant 14 regulatory authority a written statement-- 15 (a) about the show cause event; and 16 (b) explaining why, despite the event, the person considers 17 himself or herself to be a fit and proper person to hold a 18 local practising certificate. 19 (3) However, a person need not give a statement under subsection 20 (2) if the person (as a previous applicant for a local practising 21 certificate or as the holder of a local practising certificate 22 previously in force) has previously given the regulatory 23 authority-- 24 (a) a statement under this section or under the Legal 25 Profession Act 2004, section 62; or 26 (b) a notice and statement under section 68, or under the 27 Legal Profession Act 2004, section 63, for the show 28 cause event; 29 explaining why, despite the event, the person considers 30 himself or herself to be a fit and proper person to hold a local 31 practising certificate. 32 (4) The regulatory authority must give a copy of a statement 33 under subsection (2) to the commissioner. 34

s 68 81 s 69 Legal Profession Bill 2007 68 Requirement if show cause event 1 (1) If a show cause event happens in relation to a local legal 2 practitioner, the practitioner must give to the relevant 3 regulatory authority both of the following-- 4 (a) within 7 days after the date of the event--notice, in the 5 approved form, that the event happened; 6 (b) within 28 days after the date of the event--a written 7 statement explaining why, despite the event, the 8 practitioner continues to be a fit and proper person to 9 hold a local practising certificate. 10 (2) The regulatory authority must give a copy of the notice and 11 the statement under subsection (1) to the commissioner. 12 (3) However, if a written statement is given after the 28 days 13 mentioned in subsection (1)(b), the regulatory authority may 14 accept the statement and take it into consideration. 15 69 Refusal, amendment, suspension or cancellation of local 16 practising certificate because of failure to show cause 17 (1) The relevant regulatory authority may refuse to grant or 18 renew, or may amend, suspend or cancel, a local practising 19 certificate if the applicant or certificate holder-- 20 (a) is required by section 67 or 68 to give a written 21 statement relating to a matter to the regulatory authority 22 and the applicant or certificate holder has not done so; or 23 (b) has given a written statement under section 67 or 68 but 24 the authority does not consider that the applicant or 25 certificate holder has shown in the statement that the 26 person is a fit and proper person to hold or to continue to 27 hold a local practising certificate. 28 (2) For subsection (1)(b), a written statement accepted by the 29 regulatory authority as mentioned in section 68(3) is taken to 30 be given under section 67. 31 (3) If the regulatory authority decides to refuse to grant or renew, 32 or to amend, suspend or cancel, a local practising certificate-- 33 (a) the authority must give the applicant or certificate 34 holder an information notice about the decision; and 35

s 70 82 s 71 Legal Profession Bill 2007 (b) the applicant or certificate holder may appeal to the 1 Supreme Court against the decision within 28 days after 2 the day the information notice is given to the applicant 3 or certificate holder. 4 (4) Also, the regulatory authority must give a copy of the 5 information notice to the commissioner. 6 70 Restriction on making further application 7 (1) This section applies if a regulatory authority decides under 8 section 69 to refuse to grant or renew a local practising 9 certificate or to cancel a local practising certificate. 10 (2) The authority may also decide that the applicant or certificate 11 holder is not entitled to apply for the grant of a local practising 12 certificate for a stated period of not more than 5 years. 13 (3) If the authority makes a decision under subsection (2), the 14 authority must include the decision in the information notice 15 required under section 69(3)(a) and the applicant or certificate 16 holder may also appeal to the Supreme Court against the 17 decision within 28 days after the day the information notice is 18 given to the applicant or certificate holder. 19 (4) Subject to a successful appeal against a decision under this 20 section, the Legal Profession Act 2004, section 65, or under a 21 corresponding law, a person against whom the decision has 22 been made is not entitled to apply for the grant of a local 23 practising certificate during the period stated in the decision. 24 71 Relationship of div 7 with ch 6 25 (1) An investigator appointed by a regulatory authority may 26 exercise powers under chapter 6 for a matter under this 27 division, as if the matter were the subject of a complaint. 28 (2) Accordingly, the provisions of chapter 6 apply in relation to a 29 matter under this division, and so apply with any necessary 30 changes. 31 (3) Nothing in this division prevents-- 32 (a) a regulatory authority from making a complaint about a 33 matter to which this division relates; or 34

s 72 83 s 73 Legal Profession Bill 2007 (b) the commissioner from investigating or referring a 1 matter for investigation as mentioned in section 435.14 2 Division 8 Further provisions relating to local 3 practising certificate 4 72 Surrender and cancellation of local practising certificate 5 (1) The holder of a local practising certificate may surrender the 6 certificate to the relevant regulatory authority. 7 (2) The relevant regulatory authority to which the local practising 8 certificate is surrendered may cancel the certificate. 9 73 Return of local practising certificate 10 (1) This section applies if a local practising certificate is 11 amended, suspended or cancelled by a relevant regulatory 12 authority under division 6 or 7.15 13 (2) The regulatory authority may-- 14 (a) give the certificate holder a notice requiring the holder 15 to return the certificate to the authority in the way stated 16 in the notice within a stated period of not less than 14 17 days; or 18 (b) include in an information notice that the authority must 19 give to the certificate holder under division 6 or 7 a 20 further notice requiring the holder to return the 21 certificate to the authority in the way stated in the notice 22 within a stated period of not less than 14 days. 23 (3) The certificate holder must comply with the requirement, 24 unless the holder has a reasonable excuse. 25 Maximum penalty--50 penalty units. 26 (4) The regulatory authority must return the practising certificate 27 to the certificate holder-- 28 14 Section 435 (Referral by commissioner to law society or bar association) 15 Division 6 (Amendment, suspension or cancellation of local practising certificates) or 7 (Special powers in relation to local practising certificates--show cause events)

s 74 84 s 74 Legal Profession Bill 2007 (a) if the certificate is amended--after amending it; or 1 (b) if the certificate is suspended and is still current at the 2 end of the suspension period--at the end of the 3 suspension period. 4 Division 9 Interstate legal practitioners 5 74 Requirement for interstate practising certificate and 6 professional indemnity insurance 7 (1) An interstate legal practitioner must not engage in legal 8 practice in this jurisdiction, or represent or advertise that the 9 practitioner is entitled to engage in legal practice in this 10 jurisdiction, unless the practitioner-- 11 (a) is covered by professional indemnity insurance that-- 12 (i) covers legal practice in this jurisdiction; and 13 (ii) has been approved under, or complies with the 14 requirements of, the corresponding law of the 15 practitioner's home jurisdiction; and 16 (iii) is for at least $1.5 million inclusive of defence 17 costs unless, without affecting subparagraph (i) or 18 (ii), the practitioner engages in legal practice solely 19 as or in the manner of a barrister; or 20 (b) is employed by a corporation, other than an incorporated 21 legal practice, and the only legal services provided by 22 the practitioner in this jurisdiction are in-house legal 23 services. 24 Maximum penalty--300 penalty units or 2 years 25 imprisonment. 26 (2) A regulation may require an interstate legal practitioner to 27 disclose information about professional indemnity insurance 28 to clients or prospective clients. 29 (3) This section does not apply to an interstate legal practitioner 30 who-- 31 (a) is a government legal officer; and 32

s 75 85 s 75 Legal Profession Bill 2007 (b) is engaged in legal practice in this jurisdiction only to 1 the extent that the practitioner is engaging in 2 government work; and 3 (c) has an indemnity or immunity, whether provided by law 4 or governmental policy, that is applicable in relation to 5 that practice. 6 75 Extent of entitlement of interstate legal practitioner to 7 practise in this jurisdiction 8 (1) This part does not authorise an interstate legal practitioner to 9 engage in legal practice in this jurisdiction to a greater extent 10 than a local legal practitioner could be authorised under a 11 local practising certificate. 12 (2) Also, an interstate legal practitioner's right to engage in legal 13 practice in this jurisdiction-- 14 (a) is subject to-- 15 (i) specific provisions under this Act applying to 16 interstate legal practitioners; and 17 (ii) any conditions imposed by the relevant regulatory 18 authority under section 76 in relation to the 19 interstate legal practitioner; and 20 (b) is, to the greatest practicable extent and with all 21 necessary changes-- 22 (i) the same as the practitioner's right to engage in 23 legal practice in the practitioner's home 24 jurisdiction; and 25 (ii) subject to any condition applicable to the 26 practitioner's right to engage in legal practice in 27 that jurisdiction, including any conditions imposed 28 on his or her admission to the legal profession in 29 this or another jurisdiction. 30 (3) If there is an inconsistency between conditions mentioned in 31 subsection (2)(a) and conditions mentioned in subsection 32 (2)(b), the conditions the relevant regulatory authority 33 considers more onerous prevail to the extent of the 34 inconsistency. 35

s 76 86 s 77 Legal Profession Bill 2007 (4) An interstate legal practitioner must not engage in legal 1 practice in this jurisdiction in a way that is not authorised 2 under this Act or in contravention of any condition mentioned 3 in this section. 4 76 Additional condition on interstate legal practitioner 5 engaging in legal practice in this jurisdiction 6 (1) The relevant regulatory authority may impose a condition on 7 an interstate legal practitioner engaged in legal practice in this 8 jurisdiction that the authority may impose under this Act on a 9 local practising certificate at the time it is granted or renewed. 10 (2) However, conditions imposed under this section must not be 11 more onerous than conditions applying to local legal 12 practitioners. 13 (3) If the regulatory authority imposes a condition on an interstate 14 legal practitioner engaged in legal practice in this 15 jurisdiction-- 16 (a) the authority must give the interstate legal practitioner 17 an information notice about the decision to impose the 18 condition; and 19 (b) the interstate legal practitioner may appeal to the 20 Supreme Court against the decision within 28 days after 21 the day the information notice is given to the certificate 22 holder. 23 (4) An interstate legal practitioner must not contravene a 24 condition imposed under this section. 25 77 Special provision about interstate legal practitioner 26 engaging in unsupervised legal practice in this 27 jurisdiction 28 (1) An interstate legal practitioner must not engage in 29 unsupervised legal practice in this jurisdiction unless-- 30 (a) if the practitioner completed supervised legal training to 31 qualify for admission to the legal profession--the 32 practitioner has undertaken a period or periods 33 equivalent to 18 months supervised legal practice, 34

s 78 87 s 79 Legal Profession Bill 2007 worked out under a regulation, after the date the 1 practitioner's first practising certificate was granted; or 2 (b) if the interstate legal practitioner completed other 3 practical legal training to qualify for admission to the 4 legal profession in this or another jurisdiction--the 5 practitioner has undertaken a period or periods 6 equivalent to 2 years supervised legal practice, worked 7 out under a regulation, after the date the practitioner's 8 first practising certificate was granted. 9 (2) However, subsection (1)-- 10 (a) does not apply if the interstate legal practitioner is 11 exempt from the requirement for supervised legal 12 practice in the practitioner's home jurisdiction; or 13 (b) applies to the interstate legal practitioner only to the 14 extent of a shorter period if the required period of 15 supervised legal practice has been reduced for the 16 practitioner in the practitioner's home jurisdiction. 17 (3) In this section-- 18 supervised legal training means practical legal training 19 principally under the supervision of an Australian lawyer, 20 whether involving articles of clerkship or otherwise. 21 78 Interstate legal practitioner is officer of Supreme Court 22 An interstate legal practitioner engaged in legal practice in 23 this jurisdiction has all the duties and obligations of an officer 24 of the Supreme Court, and for those duties and obligations, is 25 subject to the jurisdiction of the Supreme Court. 26 Division 10 Miscellaneous 27 79 Protocols 28 (1) A regulatory authority may enter into arrangements 29 (jurisdiction protocols) with regulatory authorities of other 30 jurisdictions about deciding-- 31

s 80 88 s 80 Legal Profession Bill 2007 (a) the jurisdiction in which an Australian lawyer practises 1 law principally or can reasonably expect to practise law 2 principally; or 3 (b) the circumstances in which an arrangement under which 4 an Australian legal practitioner practises in a 5 jurisdiction-- 6 (i) may be regarded as being of a temporary nature; or 7 (ii) ceases to be of a temporary nature; or 8 (c) the circumstances in which an Australian legal 9 practitioner may reasonably expect to practise law 10 principally in a jurisdiction during the currency of the 11 practitioner's practising certificate. 12 (2) For this Act, and to the extent that jurisdiction protocols are 13 relevant, a matter mentioned in subsection (1)(a), (b) or (c) 14 must be decided under the jurisdiction protocols. 15 (3) The regulatory authority may enter into an arrangement that 16 amends, revokes or replaces a jurisdiction protocol. 17 (4) A jurisdiction protocol, or an amendment, revocation or 18 replacement of a jurisdiction protocol, has effect in this 19 jurisdiction only to the extent it is approved under a 20 regulation. 21 80 Consideration of applicant for local practising certificate 22 and certificate holder 23 (1) The purpose of this section is to enable a regulatory authority 24 to obtain a document or information, or a person's 25 cooperation, to the extent necessary for the authority to 26 consider whether or not-- 27 (a) to grant or renew a local practising certificate; or 28 (b) to amend, suspend or cancel a local practising 29 certificate. 30 (2) The relevant regulatory authority may, by written notice to the 31 applicant or certificate holder, ask the applicant or certificate 32 holder-- 33

s 81 89 s 81 Legal Profession Bill 2007 (a) to give it a stated document or information that the 1 authority believes is necessary for the authority's 2 consideration about a local practising certificate; or 3 (b) to cooperate in a stated way with the authority in an 4 investigation or inquiry that the authority believes is 5 necessary for the authority's consideration about a local 6 practising certificate. 7 (3) The regulatory authority may decide not to grant or renew a 8 local practising certificate, or to amend, suspend or cancel a 9 local practising certificate, if the applicant or the certificate 10 holder fails-- 11 (a) to give the stated documents or information as requested 12 under subsection (2); or 13 (b) to cooperate with the authority in its investigations or 14 inquiries as requested under subsection (2). 15 81 Register of local practising certificates 16 (1) A regulatory authority must, in the way it considers 17 appropriate, keep a register of the names of Australian 18 lawyers to whom it grants local practising certificates. 19 (2) The register must-- 20 (a) state conditions, if any, imposed on a local practising 21 certificate relating to the certificate holder engaging in 22 legal practice; and 23 (b) include other particulars prescribed under a regulation. 24 (3) A regulatory authority must ensure that an up-to-date version 25 of its register is available, without charge, for public 26 inspection-- 27 (a) at the authority's principal place of business during 28 normal working hours; or 29 (b) on the authority's internet site or an internet site 30 identified on the authority's internet site. 31 (4) However, a regulation may provide for a person's name not to 32 be included in the register or for that person's name as it 33 appears in the register not to be available for public 34 inspection. 35

s 82 90 s 83 Legal Profession Bill 2007 Example of a regulation-- 1 A regulation may provide for a system of applying to a regulatory 2 authority for the suppression of a person's name if the person is being 3 stalked by a previous client or has been otherwise threatened with 4 violence by someone. 5 82 Supreme Court orders about conditions 6 (1) A regulatory authority may apply to the Supreme Court for an 7 order that an Australian lawyer not contravene a condition 8 imposed under this part. 9 (2) The Supreme Court may make any order it considers 10 appropriate on the application. 11 83 Regulatory authority may charge reasonable fees 12 (1) A regulatory authority may charge fees for services that it 13 provides, including, for example, the services provided by the 14 authority as part of performing its functions under this Act. 15 Example of a service that a regulatory authority provides as part of 16 performing its functions under this Act-- 17 granting or renewing a practising certificate 18 (2) The fee for a service must be reasonable having regard to the 19 cost to the regulatory authority of performing all of its 20 functions under this Act and the funding that the authority has 21 received under this Act, and a fee for a service is not 22 unreasonable only because the particular fee is more than the 23 cost of providing the specific service. 24 (3) The fees set by a regulatory authority must be included in its 25 administration rules. 26 (4) Despite subsection (1), a regulatory authority may not charge 27 a fee for a service provided to another entity that has functions 28 under this Act except so far as the other entity has arranged, 29 on a commercial basis, for the regulatory authority to perform 30 a service associated with the functions of the other entity. 31

s 84 91 s 85 Legal Profession Bill 2007 Part 2.5 Suitability reports 1 Division 1 Preliminary 2 84 Main purpose of pt 2.5 3 The main purpose of this part is to ensure police reports and 4 health assessment reports may be obtained when this Act has 5 provided for the reports or assessments. 6 85 Definitions for pt 2.5 7 In this part-- 8 commissioner of police means the commissioner of the police 9 service. 10 interstate registration means registration under a 11 corresponding law as a locally registered foreign lawyer under 12 that law. 13 Note-- 14 A person granted interstate registration would be an interstate-registered 15 foreign lawyer under this Act. 16 legal practice includes the practice of foreign law in this 17 jurisdiction by a foreign lawyer. 18 local registration means registration under this Act as a 19 locally registered foreign lawyer. 20 registration means local registration or interstate registration. 21 relevant authority means-- 22 (a) for an applicant for admission--the board; or 23 (b) for an applicant for the grant or renewal of a local 24 practising certificate or local registration, for the holder 25 of a local practising certificate or for a locally registered 26 foreign lawyer--the relevant regulatory authority. 27 subject person means-- 28 (a) an applicant for admission; or 29

s 86 92 s 86 Legal Profession Bill 2007 (b) an applicant for the grant or renewal of a local practising 1 certificate; or 2 (c) the holder of a local practising certificate; or 3 (d) an applicant for registration as a locally registered 4 foreign lawyer; or 5 (e) a locally registered foreign lawyer. 6 suitability report means a police report or health assessment 7 report prepared under this part, the Legal Profession Act 2004, 8 chapter 7, part 1, or a corresponding law, and includes a copy 9 of a report or a part of a report or copy. 10 Division 2 Police reports 11 86 Relevant authority may ask for police report 12 (1) A relevant authority may ask the commissioner of police for a 13 written report about whether a subject person has any 14 convictions for offences. 15 (2) However, a regulatory authority must not ask for a report 16 about a local legal practitioner or a locally registered foreign 17 lawyer unless the authority considers it appropriate. 18 (3) Subsection (2) applies to the regulatory authority in relation to 19 a local legal practitioner whether or not the practitioner is 20 applying for the renewal of the local practising certificate or 21 applying for another practising certificate. 22 (4) The commissioner of police must give the report to the 23 authority. 24 (5) The report must contain only information in the possession of 25 the commissioner of police or to which the commissioner has 26 access. 27

s 87 93 s 88 Legal Profession Bill 2007 Division 3 Health assessments 1 87 Health assessment 2 (1) This section applies if a relevant authority believes a subject 3 person currently is unable to satisfactorily carry out the 4 inherent requirements of practice as an Australian legal 5 practitioner. 6 (2) The relevant authority may require the subject person to 7 undergo a health assessment by a person appointed by the 8 relevant authority. 9 (3) If the relevant authority decides to require the health 10 assessment, the authority must give the subject person an 11 information notice about the decision to require the 12 assessment that includes-- 13 (a) the name and qualifications of the person appointed by 14 the authority to conduct the assessment; and 15 (b) a stated date, and a stated time and place, for the 16 assessment that must be reasonable having regard to the 17 circumstances of the subject person as known to the 18 relevant authority. 19 (4) The stated date must be no sooner than 28 days after the 20 information notice is given to the subject person unless the 21 person and the relevant authority agree, in writing, to an 22 earlier date. 23 (5) The subject person may appeal to the Supreme Court against 24 the decision within 28 days after the day the information 25 notice is given to the subject person. 26 88 Appointment of health assessor 27 (1) The relevant authority may appoint 1 or more appropriately 28 qualified persons (health assessors) to conduct all or part of a 29 health assessment under this division of a subject person. 30 (2) At least 1 health assessor must be a registered medical 31 practitioner. 32

s 89 94 s 89 Legal Profession Bill 2007 (3) If the relevant authority considers the subject person's 1 criminal history is relevant to the assessment, the authority 2 may disclose the history to the health assessor. 3 (4) The Criminal Law (Rehabilitation of Offenders) Act 1986 4 does not apply to the disclosure. 5 (5) Before appointing a person as a health assessor, the relevant 6 authority must be satisfied the person does not have a personal 7 or professional connection with the subject person that may 8 prejudice the way in which the person conducts the 9 assessment. 10 (6) In this section-- 11 appropriately qualified, in relation to a registered medical 12 practitioner or other person conducting a health assessment, 13 includes having the qualifications, experience, skills or 14 knowledge appropriate to conduct the assessment. 15 89 Health assessment report 16 (1) A health assessor conducting all or part of a health assessment 17 of a subject person must prepare a report about the assessment 18 (health assessment report). 19 (2) The health assessment report must include-- 20 (a) the health assessor's findings as to whether the person is 21 currently unable to satisfactorily carry out the inherent 22 requirements of practice as an Australian legal 23 practitioner; and 24 (b) if the health assessor finds that the person is unable to do 25 so, the health assessor's recommendations, if any, as to a 26 condition-- 27 (i) the Supreme Court could impose on the person's 28 admission to the legal profession that would make, 29 or would be likely to make, the person suitable to 30 engage in legal practice; or 31 (ii) the relevant authority could impose on the person's 32 practising certificate or local registration that 33 would make, or would be likely to make, the 34 person suitable to engage in legal practice. 35

s 90 95 s 91 Legal Profession Bill 2007 (3) The health assessor must give the health assessment report to 1 the relevant authority and a copy to the subject person. 2 90 Payment for health assessment and report 3 (1) The relevant authority that appoints a health assessor to 4 conduct all or part of a health assessment is liable for the cost 5 of the assessment conducted by, and the report prepared by, 6 the health assessor. 7 (2) However, if the report of the health assessor is adverse to a 8 person, the relevant authority may ask the person, by written 9 notice, to pay the authority the amount of the cost of the 10 assessment. 11 (3) The amount requested is a debt to the regulatory authority. 12 91 Use of health assessment report 13 (1) A report about a subject person is not admissible in any 14 proceeding, and a person can not be compelled to produce the 15 report or to give evidence about the report or its contents in 16 any proceeding. 17 (2) Subsection (1) does not apply in relation to-- 18 (a) a proceeding relating to an application by the subject 19 person for admission to the legal profession under this 20 Act, for local registration, for admission to the legal 21 profession in another jurisdiction or for interstate 22 registration; or 23 (b) a proceeding on an appeal by the subject person against 24 a decision of a relevant authority of this or another 25 jurisdiction-- 26 (i) refusing to grant or renew a practising certificate or 27 registration; or 28 (ii) imposing conditions on a practising certificate or 29 registration; or 30 (iii) amending or cancelling a practising certificate or 31 registration. 32

s 92 96 s 92 Legal Profession Bill 2007 (3) Subsection (1) does not apply if the report is admitted or 1 produced, or evidence about the report or its contents is given, 2 in a proceeding with the consent of-- 3 (a) the health assessor who prepared the report; and 4 (b) the subject person to whom the report relates. 5 (4) In this section-- 6 report means a health assessment report prepared under this 7 division, the Legal Profession Act 2004, chapter 7, part 1, 8 division 3, or a corresponding law, and includes a copy of a 9 report or a part of a report or copy. 10 Division 4 General 11 92 Confidentiality of suitability report 12 (1) A member, officer, employee or agent of a relevant authority 13 must not, directly or indirectly, disclose to anyone else a 14 suitability report, or information in a suitability report, given 15 to the relevant authority whether before or after the 16 commencement of this section. 17 Maximum penalty--200 penalty units. 18 (2) A member, officer, employee or agent of the board does not 19 contravene subsection (1) if-- 20 (a) disclosure of the suitability report or information in it to 21 someone else is authorised by the board to the extent 22 necessary to perform a function or exercise a power 23 under this Act relating to an application for admission; 24 or 25 (b) disclosure of the report or information in it is made to 26 the corresponding authority for the board of another 27 jurisdiction in which the person has applied for 28 admission to the legal profession; or 29 (c) the disclosure is made with the consent of the person to 30 whom it relates and, in the case of a health assessment, 31 the health assessor; or 32 (d) the disclosure is otherwise required or permitted by law. 33

s 92 97 s 92 Legal Profession Bill 2007 (3) A member, officer, employee or agent of a regulatory 1 authority does not contravene subsection (1) if-- 2 (a) disclosure of the suitability report or information in it to 3 someone else is authorised by the regulatory authority to 4 the extent necessary to perform a function or exercise a 5 power under this Act in relation to-- 6 (i) an application for the grant or renewal of a local 7 practising certificate or for the grant or renewal of 8 local registration; or 9 (ii) the imposition or proposed imposition of 10 conditions on a local practising certificate or local 11 registration; or 12 (iii) the amendment, suspension or cancellation or the 13 proposed amendment, suspension or cancellation, 14 of a local practising certificate or local registration; 15 or 16 (b) disclosure of the suitability report or information in it is 17 made to the regulatory authority of another jurisdiction 18 when the person to whom it relates is an applicant for 19 the grant or renewal of a practising certificate or the 20 grant or renewal of interstate registration, or the holder 21 of an interstate practising certificate or an 22 interstate-registered foreign lawyer, under a 23 corresponding law of the other jurisdiction; or 24 (c) the disclosure is made with the consent of the person to 25 whom it relates and, in the case of a health assessment, 26 the health assessor; or 27 (d) the disclosure is otherwise required or permitted by law. 28 (4) The relevant authority must ensure a suitability report is 29 destroyed after-- 30 (a) the application concerned is finally decided or is 31 withdrawn; or 32 (b) other action relating to the imposition of conditions on a 33 practising certificate or local registration, or the 34 amendment, suspension or cancellation of a practising 35 certificate or local registration, is taken or a decision is 36 taken not to proceed with any other action. 37

s 93 98 s 94 Legal Profession Bill 2007 (5) Subsection (1) does not apply to information in a suitability 1 report if that information was given or obtained by the 2 relevant authority other than as part of the suitability report. 3 Example for subsection (5)-- 4 A suitability report may contain information that an applicant may have 5 already disclosed, including name, address, or some information about 6 previous convictions or a previous disqualification from being a lawyer. 7 93 Operation of pt 2.5 8 (1) Nothing in this part authorises the board to seek a suitability 9 report about-- 10 (a) an applicant for the grant or renewal of a local practising 11 certificate; or 12 (b) the holder of a local practising certificate. 13 (2) Nothing in this part authorises a relevant authority to seek a 14 suitability report about an applicant for admission. 15 Part 2.6 Inter-jurisdictional provisions 16 regarding admission and 17 practising certificates 18 Division 1 Preliminary 19 94 Main purpose of pt 2.6 20 The main purpose of this part is to provide for the notification 21 of and response to action taken by courts and other regulatory 22 authorities in relation to the admission of persons to the legal 23 profession and their right to engage in legal practice in 24 Australia. 25

s 95 99 s 97 Legal Profession Bill 2007 95 Relationship of this part with ch 4 1 This part does not affect a function or power under chapter 2 4.16 3 Division 2 Notifications to be given by local 4 authorities to interstate authorities 5 96 Notification to other jurisdictions about application for 6 admission 7 (1) This section applies to each application for admission. 8 (2) The board may give the corresponding authority of another 9 jurisdiction written notice of any of the following to the extent 10 that it is relevant to the corresponding authority's functions or 11 powers-- 12 (a) the making of the application; 13 (b) the board's recommendation under section 3917 in 14 relation to the application; 15 (c) the withdrawal of the application after an investigation 16 or inquiry is made or started, or a suitability report is 17 sought or obtained, in relation to the application or the 18 applicant; 19 (d) the refusal of the Supreme Court to admit the applicant 20 to the legal profession under this Act. 21 (3) The notice must state the applicant's name and address as last 22 known to the board and may contain other relevant 23 information. 24 97 Notification to other jurisdictions about removal from 25 local roll 26 (1) This section applies if a person's name is removed from the 27 local roll, except if the removal happens under section 103. 28 16 Chapter 4 (Complaints and discipline) 17 Section 39 (Role of the board relating to application for admission)

s 98 100 s 98 Legal Profession Bill 2007 (2) The Brisbane registrar must give the corresponding authority 1 of each other jurisdiction, and the registrar or other proper 2 officer of the High Court of Australia, written notice of the 3 removal. 4 (3) The notice must state the following-- 5 (a) the person's name and address as last known to the 6 Brisbane registrar; 7 (b) the date the person's name was removed from the roll; 8 (c) the reason for removing the person's name; 9 (d) other information prescribed under a regulation. 10 98 Law society and bar association to notify other 11 jurisdictions about particular matters 12 (1) Subsection (2) applies if-- 13 (a) a regulatory authority takes any of the following actions 14 in relation to an Australian lawyer-- 15 (i) a refusal to grant or renew a local practising 16 certificate for the lawyer; 17 (ii) a suspension or cancellation of the lawyer's local 18 practising certificate; or 19 (b) the lawyer successfully appeals against the taking of an 20 action mentioned in paragraph (a). 21 (2) The regulatory authority must give the corresponding 22 authorities written notice of the action taken or the result of 23 the appeal. 24 (3) The notice must state each of the following-- 25 (a) the lawyer's name and address as last known to the 26 regulatory authority; 27 (b) particulars of-- 28 (i) the action taken and the reasons for it; or 29 (ii) the result of the appeal; 30 (c) other relevant information that the authority considers 31 should be included in the notice. 32

s 99 101 s 100 Legal Profession Bill 2007 (4) The regulatory authority may give the corresponding 1 authorities written notice of a condition imposed on an 2 Australian lawyer's local practising certificate. 3 Division 3 Notifications to be given by lawyers 4 to local authorities 5 99 Lawyer to give notice of removal in another jurisdiction 6 (1) If a local lawyer's name has been removed from an interstate 7 roll, the lawyer must give the Brisbane registrar written notice 8 of the removal. 9 Maximum penalty--100 penalty units. 10 (2) If a local legal practitioner's name has been removed from an 11 interstate roll, the practitioner must give the relevant 12 regulatory authority written notice of the removal. 13 Maximum penalty--100 penalty units. 14 (3) This section does not apply if the name has been removed 15 from an interstate roll under a corresponding law to section 16 103. 17 100 Lawyer to give notice of interstate orders 18 (1) This section applies if an order is made under a corresponding 19 law recommending that the name of a local lawyer be 20 removed from the local roll. 21 (2) As soon as practicable (but not more than 7 days) after the 22 local lawyer is given notice of the action or otherwise 23 becomes aware of it, the lawyer must give the Brisbane 24 registrar written notice of the order. 25 Maximum penalty--200 penalty units. 26 (3) If an order is made under a corresponding law in relation to a 27 local legal practitioner that-- 28 (a) the practitioner's local practising certificate be 29 suspended or cancelled; or 30

s 101 102 s 102 Legal Profession Bill 2007 (b) a local practising certificate not be granted to the 1 practitioner for a period, or 2 (c) an order that conditions be imposed on the practitioner's 3 local practising certificate; 4 the practitioner must, as soon as practicable (but not more 5 than 7 days) after the practitioner is given notice of the order 6 or otherwise becomes aware of it, give the regulatory 7 authority who granted or renewed the practitioner's local 8 practising certificate written notice of the order. 9 Maximum penalty--200 penalty units. 10 101 Lawyer to give notice of foreign regulatory action 11 (1) This section applies if a foreign regulatory action has been 12 taken in relation to a person. 13 (2) If the person is a local lawyer, as soon as practicable (but not 14 more than 7 days) after the person is given notice of the action 15 or otherwise becomes aware of it, the person must give the 16 Brisbane registrar written notice of the action taken. 17 Maximum penalty--200 penalty units. 18 (3) If the person is a local legal practitioner, as soon as practicable 19 (but not more than 7 days) after the person is given notice of 20 the action or otherwise becomes aware of it, the person must 21 give the regulatory authority who granted or renewed the 22 practitioner's local practising certificate written notice of the 23 action taken. 24 Maximum penalty--200 penalty units. 25 102 Provisions relating to requirement to notify 26 A notice to be given under this division by a person must-- 27 (a) state his or her name and address; and 28 (b) disclose full details of the action to which the notice 29 relates, including the date on which that action was 30 taken; and 31 (c) be accompanied by a copy of any official notification 32 given to him or her in connection with the action. 33

s 103 103 s 104 Legal Profession Bill 2007 Division 4 Taking of action by local authorities 1 in response to notifications 2 received 3 103 Peremptory removal of local lawyer's name from local roll 4 following removal in another jurisdiction 5 (1) This section applies if the Brisbane registrar is satisfied that-- 6 (a) a local lawyer's name has been removed from an 7 interstate roll; and 8 (b) no order under section 107(1)(a) is, at the time of that 9 removal, in force in relation to the lawyer's name. 10 (2) The Brisbane registrar must remove, or arrange with another 11 registrar for the removal of, the lawyer's name from the local 12 roll. 13 (3) The Brisbane registrar may, but need not, give the lawyer 14 written notice of the date on which the registrar proposes to 15 remove the name from the local roll. 16 (4) The Brisbane registrar must give the former local lawyer 17 written notice of the removal of the name from the local roll, 18 unless notice of the date of the proposed removal was 19 previously given. 20 (5) The name of the former local lawyer is, on his or her 21 application to the Brisbane registrar or on the registrar's own 22 initiative, to be restored to the local roll if the name is restored 23 to the interstate roll. 24 (6) Nothing in this section prevents the former local lawyer from 25 afterwards making an application for admission. 26 104 Peremptory cancellation of local practising certificate 27 following removal of name from interstate roll 28 (1) This section applies if-- 29 (a) a person's name is removed from an interstate roll but he 30 or she remains an Australian lawyer; and 31 (b) the person is the holder of a local practising certificate; 32 and 33

s 105 104 s 105 Legal Profession Bill 2007 (c) no order under section 107(1)(b) is, at the time of that 1 removal, in force in relation to the person's local 2 practising certificate. 3 (2) The relevant regulatory authority must cancel the local 4 practising certificate. 5 (3) The relevant regulatory authority may, but need not, give the 6 person notice of the date on which it proposes to cancel the 7 local practising certificate. 8 (4) The relevant regulatory authority must give the person notice 9 of the cancellation, unless notice of the date of the proposed 10 cancellation was previously given. 11 (5) Nothing in this section prevents the former local lawyer from 12 applying for a local practising certificate at a later time. 13 105 Show cause procedure for removal of lawyer's name from 14 local roll following foreign regulatory action 15 (1) This section applies if the appropriate authority is satisfied 16 that-- 17 (a) foreign regulatory action has been taken in relation to a 18 local lawyer, whether before or after the commencement 19 of this section; and 20 (b) no order mentioned in section 107(1)(a) is in force in 21 relation to the action taken. 22 (2) The appropriate authority may give the local lawyer a notice 23 stating that the appropriate authority will apply to the 24 Supreme Court for an order that the local lawyer's name be 25 removed from the local roll unless the lawyer shows cause to 26 the appropriate authority why his or her name should not be 27 removed. 28 (3) If the local lawyer does not satisfy the appropriate authority 29 that his or her name should not be removed from the local roll, 30 the appropriate authority may apply to the Supreme Court for 31 an order that the local lawyer's name be removed from the 32 local roll. 33 (4) Before applying for an order that the local lawyer's name be 34 removed, the appropriate authority must afford the local 35

s 106 105 s 106 Legal Profession Bill 2007 lawyer a reasonable opportunity to show cause why his or her 1 name should not be removed. 2 (5) The Supreme Court may, on application made under this 3 section, order the local lawyer's name be removed from the 4 local roll or may refuse to do so. 5 (6) The local lawyer is entitled to appear before and be heard by 6 the Supreme Court at a hearing relating to an application 7 under this section. 8 (7) In this section-- 9 appropriate authority means-- 10 (a) if the local lawyer holds a local practising 11 certificate--the relevant regulatory authority in relation 12 to the local lawyer; or 13 (b) if the local lawyer does not hold a local practising 14 certificate but holds an interstate practising 15 certificate--the regulatory authority as agreed between 16 the regulatory authorities; or 17 (c) if the local lawyer holds neither a local practising 18 certificate nor an interstate practising certificate--the 19 law society. 20 106 Show cause procedure for cancellation of local practising 21 certificate following foreign regulatory action 22 (1) This section applies if a regulatory authority that granted or 23 renewed a practising certificate is satisfied that-- 24 (a) foreign regulatory action has been taken in relation to a 25 the local legal practitioner, whether before or after the 26 commencement of this section; and 27 (b) no order mentioned in section 107(1)(b) is in force in 28 relation to the foreign regulatory action. 29 (2) The regulatory authority may give the local legal practitioner 30 a notice stating that the regulatory authority proposes to 31 cancel the local practising certificate unless the practitioner 32 shows cause to the authority why the certificate should not be 33 cancelled. 34

s 107 106 s 107 Legal Profession Bill 2007 (3) The regulatory authority must afford the person a reasonable 1 opportunity to show cause why his or her practising certificate 2 should not be cancelled. 3 (4) If the local legal practitioner does not satisfy the regulatory 4 authority that the practising certificate should not be 5 cancelled, the regulatory authority may cancel the certificate. 6 (5) The regulatory authority must give the local legal practitioner 7 an information notice about its decision to cancel the 8 practising certificate. 9 (6) The person may appeal to the Supreme Court against a 10 decision of the relevant regulatory authority to cancel his or 11 her practising certificate. 12 (7) The Supreme Court may make any order it considers 13 appropriate on the appeal. 14 107 Order for non-removal of name or non-cancellation of 15 local practising certificate 16 (1) If an Australian lawyer reasonably expects his or her name 17 will be removed from an interstate roll or foreign regulatory 18 action will be taken against him or her, the lawyer may apply 19 to the Supreme Court for either or both of the following-- 20 (a) an order that his or her name not be removed from the 21 local roll under section 103 or 105; 22 (b) an order that his or her local practising certificate not be 23 cancelled under section 104 or 106. 24 (2) The Supreme Court-- 25 (a) may make the order or orders applied for if satisfied 26 about each of the following-- 27 (i) the Australian lawyer's name is likely to be 28 removed from the interstate roll or the foreign 29 regulatory action is likely to be taken; 30 (ii) the reason for the removal of the name, or the 31 taking of the foreign regulatory action, will not 32 involve disciplinary action or the possibility of 33 disciplinary action; or 34 (b) may refuse to make an order. 35

s 108 107 s 109 Legal Profession Bill 2007 (3) An order under this section may be made subject to any 1 conditions the Supreme Court considers appropriate and 2 remains in force for the period stated in it. 3 (4) The Supreme Court may revoke an order made under this 4 section. 5 (5) If the Supreme Court revokes an order made under this 6 section, to the extent relevant, when the revocation takes 7 effect the other provisions of this division apply as if the 8 Australian lawyer's name were removed from the interstate 9 roll or the foreign regulatory action were taken. 10 (6) Nothing in this section affects action being taken in relation to 11 the Australian lawyer under other provisions of this Act. 12 108 Local authority may give information to other local 13 authority 14 (1) A local authority that receives information from an authority 15 of another jurisdiction under provisions of a corresponding 16 law that correspond to this part may give the information to 17 any other local authority. 18 (2) In this section-- 19 local authority means an entity relevant to this jurisdiction 20 that has functions or powers under this Act. 21 Part 2.7 Incorporated legal practices 22 and multi-disciplinary 23 partnerships 24 Division 1 Preliminary 25 109 Main purposes of pt 2.7 26 The main purposes of this part are as follows-- 27

s 110 108 s 110 Legal Profession Bill 2007 (a) to regulate the provision of legal services by 1 corporations in this jurisdiction; 2 (b) to regulate the provision of legal services in this 3 jurisdiction in conjunction with the provision of other 4 services, whether by a corporation or persons acting in 5 partnership together. 6 110 Definitions for pt 2.7 7 In this part-- 8 corporation means-- 9 (a) a company within the meaning of the Corporations Act; 10 or 11 (b) a body corporate prescribed under a regulation. 12 director means-- 13 (a) in relation to a company within the meaning of the 14 Corporations Act--a director as defined in section 9 of 15 that Act; or 16 (b) in relation to another body corporate prescribed under a 17 regulation--a person stated or described in the 18 regulation as a director. 19 legal practitioner director means a director of an incorporated 20 legal practice who is an Australian legal practitioner holding a 21 practising certificate entitling the practitioner to practise as a 22 principal of a law practice. 23 legal practitioner partner means a partner of a 24 multi-disciplinary partnership who is an Australian legal 25 practitioner holding a practising certificate entitling the 26 practitioner to practise as a principal of a law practice. 27 officer means-- 28 (a) in relation to a company within the meaning of the 29 Corporations Act--an officer as defined in section 9 of 30 that Act; or 31 (b) in relation to any other body corporate, or a body 32 corporate of a kind, prescribed under a regulation--a 33 person stated or described in the regulation. 34

s 111 109 s 111 Legal Profession Bill 2007 professional obligations, of an Australian legal practitioner, 1 include-- 2 (a) duties to the Supreme Court; and 3 (b) obligations in connection with conflicts of interest; and 4 (c) duties to clients, including disclosure; and 5 (d) ethical rules the legal practitioner must observe. 6 related body corporate means-- 7 (a) in relation to a company within the meaning of the 8 Corporations Act--a related body corporate within the 9 meaning of section 50 of that Act; or 10 (b) in relation to another body corporate prescribed under a 11 regulation--a person prescribed under a regulation as a 12 related body corporate. 13 Division 2 Incorporated legal practices 14 providing legal services 15 111 Nature of incorporated legal practice 16 (1) A corporation is an incorporated legal practice if it engages 17 in legal practice in this jurisdiction, whether or not it provides 18 services that are not legal services. 19 (2) However, a corporation is not an incorporated legal practice if 20 the only legal services that the corporation provides are either 21 or both of the following-- 22 (a) in-house legal services; 23 (b) services that are not legally required to be provided by 24 an Australian legal practitioner and that are provided by 25 an officer or employee of the corporation who is not an 26 Australian legal practitioner. 27 (3) Also, a corporation that provides legal services is not an 28 incorporated legal practice if the corporation is prescribed 29 under a regulation as a corporation that is not an incorporated 30 legal practice. 31

s 112 110 s 113 Legal Profession Bill 2007 (4) Despite subsection (2) and (3), a corporation that is not an 1 incorporated legal practice as mentioned in those subsections 2 must comply with any regulation applying provisions of this 3 part, with or without changes, to that corporation. 4 (5) Nothing in this part affects or applies to the provision by an 5 incorporated legal practice of legal services in 1 or more other 6 jurisdictions. 7 112 Non-legal services and businesses of incorporated legal 8 practices 9 (1) An incorporated legal practice may provide any service and 10 conduct any business that the corporation may lawfully 11 provide or conduct, except as provided by this section. 12 (2) An incorporated legal practice, or a related body corporate of 13 an incorporated legal practice, must not conduct a managed 14 investment scheme. 15 (3) Also, if a regulation prohibits an incorporated legal practice, 16 or a related body corporate of the practice, from providing a 17 service or conducting a business of a kind stated in the 18 regulation, the practice must not provide the service or 19 conduct the business. 20 Note-- 21 Contravention of this section or a regulation mentioned in subsection (3) 22 is a ground for banning an incorporated legal practice under section 23 132.18 24 113 Corporations eligible to be incorporated legal practices 25 (1) Subject to this part, a corporation is eligible to be an 26 incorporated legal practice. 27 (2) This section does not authorise a corporation to provide legal 28 services if the corporation is prohibited from doing so under 29 an Act or law, whether of this jurisdiction, the Commonwealth 30 or another jurisdiction, under which the corporation is 31 incorporated or its affairs are regulated. 32 18 Section 132 (Banning of incorporated legal practices)

s 114 111 s 115 Legal Profession Bill 2007 (3) An incorporated legal practice is not required to hold an 1 Australian practising certificate. 2 114 Notice of intention to start providing legal services 3 (1) Before a corporation starts to engage in legal practice in this 4 jurisdiction, the corporation must give the law society notice, 5 in the law society approved form, of its intention to do so. 6 (2) A corporation must not engage in legal practice in this 7 jurisdiction if it has not given a notice under subsection (1). 8 Maximum penalty-- 9 (a) for a person guilty under the Criminal Code, chapter 2, 10 of an offence or for section 702--300 penalty units; or 11 (b) for a corporation--1500 penalty units. 12 (3) A corporation that starts to engage in legal practice in this 13 jurisdiction without giving a notice under subsection (1) is in 14 default of this section until it gives the law society notice, in 15 the law society approved form, of the failure to comply with 16 that subsection and the fact that it has started to engage in 17 legal practice. 18 (4) The giving of a notice under subsection (3) does not affect a 19 liability under subsection (1) or (2). 20 (5) A corporation is not entitled to recover any amount for 21 anything the corporation did in contravention of subsection 22 (2). 23 (6) A person may recover from a corporation, as a debt due to the 24 person, any amount the person paid to or at the direction of 25 the corporation for anything the corporation did in 26 contravention of subsection (2). 27 (7) This section does not apply to a corporation mentioned in 28 section 111(2) or (3). 29 115 Prohibition on corporations or directors etc. representing 30 that corporation is incorporated legal practice 31 (1) A corporation must not, without a reasonable excuse, 32 represent or advertise that the corporation is an incorporated 33

s 116 112 s 116 Legal Profession Bill 2007 legal practice unless a notice in relation to the corporation has 1 been given under section 114. 2 Maximum penalty--300 penalty units. 3 (2) A director, officer, employee or agent of a corporation must 4 not, without a reasonable excuse, represent or advertise that 5 the corporation is an incorporated legal practice unless a 6 notice in relation to the corporation has been given under 7 section 114. 8 Maximum penalty--300 penalty units or 2 years 9 imprisonment. 10 (3) A reference in this section to representing or advertising that a 11 corporation is an incorporated legal practice includes-- 12 (a) for the corporation--the corporation doing anything that 13 states or implies that the corporation is entitled to 14 engage in legal practice; or 15 (b) for a director, officer, employee or agent of a 16 corporation--the director, officer, employee or agent of 17 the corporation doing anything that states or implies that 18 the corporation is entitled to engage in legal practice. 19 116 Notice of termination of provision of legal services 20 (1) A corporation must, within the period prescribed under a 21 regulation after it stops engaging in legal practice in this 22 jurisdiction as an incorporated legal practice, give the law 23 society notice, in the law society approved form, of that fact. 24 Maximum penalty-- 25 (a) for a person guilty under the Criminal Code, chapter 2, 26 of an offence or for section 702--20 penalty units; or 27 (b) for a corporation--100 penalty units. 28 (2) A regulation may make provision about circumstances that 29 may be taken into account when deciding whether and when a 30 corporation stops engaging in legal practice in this 31 jurisdiction. 32 (3) Circumstances prescribed under a regulation are examples, 33 and do not limit, whether and when a corporation stops 34 engaging in legal practice in this jurisdiction. 35

s 117 113 s 117 Legal Profession Bill 2007 Division 3 Legal practitioner directors, and 1 other legal practitioners employed 2 by incorporated legal practices 3 117 Incorporated legal practice must have legal practitioner 4 director 5 (1) An incorporated legal practice is required to have at least 1 6 legal practitioner director. 7 (2) Each legal practitioner director of an incorporated legal 8 practice is, for the purposes of this Act, responsible for the 9 management of the legal services provided in this jurisdiction 10 by the practice. 11 (3) Each legal practitioner director of an incorporated legal 12 practice must ensure that appropriate management systems 13 are implemented and kept to enable the provision of legal 14 services by the practice-- 15 (a) under the professional obligations of Australian legal 16 practitioners and other obligations imposed under this 17 Act; and 18 (b) so that the obligations of the Australian legal 19 practitioners who are officers or employees of the 20 practice are not affected by other officers or employees 21 of the practice. 22 (4) If it ought reasonably to be apparent to a legal practitioner 23 director of an incorporated legal practice that the provision of 24 legal services by the practice will result in breaches of the 25 professional obligations of an Australian legal practitioner or 26 other obligations imposed under this Act, the director must 27 take all reasonable action available to the director to ensure 28 that-- 29 (a) the breaches do not happen; and 30 (b) if a breach has happened--appropriate remedial action 31 is taken in relation to the breach. 32 (5) Nothing in this part derogates from the obligations or 33 liabilities of a director of an incorporated legal practice under 34 another law. 35

s 118 114 s 118 Legal Profession Bill 2007 (6) The reference in subsection (1) to a legal practitioner director 1 does not include a reference to a person who is not validly 2 appointed as a director, but this subsection does not affect the 3 meaning of the expression `legal practitioner director' in other 4 provisions of this Act. 5 118 Obligations of legal practitioner director relating to 6 misconduct 7 (1) Each of the following is capable of constituting unsatisfactory 8 professional conduct or professional misconduct by a legal 9 practitioner director-- 10 (a) unsatisfactory professional conduct or professional 11 misconduct of an Australian legal practitioner employed 12 by the incorporated legal practice; 13 (b) conduct of another director, not being an Australian 14 legal practitioner, of the incorporated legal practice that 15 adversely affects the provision of legal services by the 16 practice; 17 (c) the unsuitability of another director, not being an 18 Australian legal practitioner, of the incorporated legal 19 practice to be a director of a corporation that provides 20 legal services. 21 (2) A legal practitioner director is not guilty of unsatisfactory 22 professional conduct or professional misconduct under 23 subsection (1) if the director establishes that he or she took all 24 reasonable steps to ensure the following as the case requires-- 25 (a) Australian legal practitioners employed by the 26 incorporated legal practice did not engage in conduct or 27 misconduct mentioned in subsection (1)(a); 28 (b) directors, other than Australian legal practitioners, of the 29 incorporated legal practice did not engage in conduct 30 mentioned in subsection (1)(b); 31 (c) unsuitable directors, not being Australian legal 32 practitioners, of the incorporated legal practice were not 33 appointed or holding office as mentioned in subsection 34 (1)(c). 35

s 119 115 s 119 Legal Profession Bill 2007 (3) A legal practitioner director of an incorporated legal practice 1 must ensure that all reasonable action available to the legal 2 practitioner director is taken to deal with any unsatisfactory 3 professional conduct or professional misconduct of an 4 Australian legal practitioner employed by the practice. 5 119 Incorporated legal practice without legal practitioner 6 director 7 (1) An incorporated legal practice contravenes this subsection if it 8 does not have a legal practitioner director for the corporation 9 for a period exceeding 7 days. 10 (2) If an incorporated legal practice stops having a legal 11 practitioner director, the practice must give notice to the law 12 society of that fact, in the law society approved form, as soon 13 as possible after the practice stops having a legal practitioner 14 director. 15 Maximum penalty-- 16 (a) for a person guilty under the Criminal Code, chapter 2, 17 of an offence or for section 702--60 penalty units; or 18 (b) for a corporation--300 penalty units. 19 (3) An incorporated legal practice must not provide legal services 20 in this jurisdiction during any period it is taken to be in default 21 of legal practitioner director requirements as mentioned in 22 subsection (4). 23 Maximum penalty-- 24 (a) for a person guilty under the Criminal Code, chapter 2, 25 of an offence or for section 702--180 penalty units; or 26 (b) for a corporation--900 penalty units. 27 (4) An incorporated legal practice that contravenes subsection (1) 28 is taken to be in default of legal practitioner director 29 requirements under this section for the period from the end of 30 the period of 7 days until-- 31 (a) it has at least 1 legal practitioner director; or 32 (b) a person is appointed under this section, or the 33 provisions of a corresponding law, in relation to the 34 practice. 35

s 120 116 s 120 Legal Profession Bill 2007 (5) The law society may, if it considers it appropriate, appoint an 1 Australian legal practitioner who is an employee of the 2 incorporated legal practice or another person nominated by 3 the law society, in the absence of a legal practitioner director, 4 to perform or discharge the functions or duties conferred or 5 imposed on a legal practitioner director under this part. 6 (6) An Australian legal practitioner is not eligible to be appointed 7 under this section unless the legal practitioner holds an 8 unrestricted practising certificate. 9 (7) The appointment under this section of a person to perform or 10 discharge functions or duties of a legal practitioner director 11 does not, for any other purpose, confer or impose on the 12 person any of the other functions or duties of a director of the 13 incorporated legal practice. 14 (8) An incorporated legal practice does not contravene subsection 15 (1) during any period during which a person holds an 16 appointment under subsection (5) in relation to the practice. 17 (9) The reference in this section to a legal practitioner director 18 does not include a reference to a person who is not validly 19 appointed as a director, but this subsection does not affect the 20 meaning of the expression `legal practitioner director' in other 21 provisions of this Act. 22 120 Obligations and privileges of an Australian legal 23 practitioner who is an officer or employee 24 (1) An Australian legal practitioner who provides legal services 25 for an incorporated legal practice in the capacity of an officer 26 or employee of the incorporated legal practice-- 27 (a) is not excused from compliance with the professional 28 obligations, or any obligations under any law, of an 29 Australian legal practitioner; and 30 (b) does not lose the professional privileges of an Australian 31 legal practitioner. 32 (2) For the purpose only of subsection (1), the professional 33 obligations and professional privileges of an Australian legal 34 practitioner apply as if-- 35

s 121 117 s 121 Legal Profession Bill 2007 (a) for an incorporated legal practice with 2 or more legal 1 practitioner directors--the practice were a partnership 2 of the legal practitioner directors and the employees of 3 the practice were employees of the legal practitioner 4 directors; and 5 (b) for an incorporated legal practice with only 1 legal 6 practitioner director--the practice were a sole 7 practitioner and the employees of the practice were 8 employees of the legal practitioner director. 9 (3) To remove any doubt, it is declared that the law relating to 10 client legal privilege, or other legal professional privilege, is 11 not excluded or otherwise affected because an Australian legal 12 practitioner is acting in the capacity of an officer or employee 13 of an incorporated legal practice. 14 (4) The directors of an incorporated legal practice do not breach 15 their duties as directors merely because legal services are 16 provided pro bono by the Australian legal practitioners 17 employed by the practice. 18 Division 4 Particular matters including 19 application of other provisions of 20 relevant laws 21 121 Professional indemnity insurance 22 (1) An incorporated legal practice must not engage in legal 23 practice in this jurisdiction unless it has professional 24 indemnity insurance that complies with the requirements 25 prescribed under a regulation about professional indemnity 26 insurance for an incorporated legal practice. 27 Maximum penalty-- 28 (a) for a person guilty under the Criminal Code, chapter 2, 29 of an offence or for section 702--300 penalty units or 2 30 years imprisonment; or 31 (b) for a corporation--1500 penalty units. 32

s 122 118 s 123 Legal Profession Bill 2007 (2) An incorporated legal practice engaging in legal practice in 1 this jurisdiction must comply with its obligations under the 2 indemnity rules. 3 Maximum penalty-- 4 (a) for a person guilty under the Criminal Code, chapter 2, 5 of an offence or for section 702--300 penalty units or 2 6 years imprisonment; or 7 (b) for a corporation--1500 penalty units. 8 (3) Failure by a legal practitioner director of an incorporated legal 9 practice to ensure that the incorporated legal practice 10 complies with subsection (1) or (2) is capable of constituting 11 professional misconduct. 12 122 Conflicts of interest 13 (1) For the application of any law (including the common law) or 14 the legal profession rules relating to conflicts of interest to the 15 conduct of an Australian legal practitioner who is-- 16 (a) a legal practitioner director of an incorporated legal 17 practice; or 18 (b) an officer or employee of an incorporated legal practice; 19 the interests of the incorporated legal practice or any related 20 body corporate are also taken to be those of the practitioner 21 (in addition to any interests that the practitioner has apart from 22 this subsection). 23 (2) Legal profession rules may be made for or in relation to 24 additional duties and obligations in connection with conflicts 25 of interest arising out of the conduct of an incorporated legal 26 practice. 27 123 Disclosure obligations 28 (1) This section applies if a person engages an incorporated legal 29 practice to provide services that the person might reasonably 30 assume to be legal services, but does not apply if the practice 31 provides only legal services in this jurisdiction. 32 (2) Each legal practitioner director of the incorporated legal 33 practice, and any employee who is an Australian legal 34

s 124 119 s 124 Legal Profession Bill 2007 practitioner and who provides the services for the practice, 1 must ensure that a disclosure, complying with the 2 requirements of this section and a regulation, is made for this 3 section to the person about the services. 4 Maximum penalty--100 penalty units. 5 (3) The disclosure must be made by giving the person a written 6 notice-- 7 (a) setting out the services to be provided; and 8 (b) stating whether or not all the legal services will be 9 provided by an Australian legal practitioner; and 10 (c) if some or all of the legal services to be provided will 11 not be provided by an Australian legal 12 practitioner--identifying those services and indicating 13 the status or qualifications of the person or persons who 14 will provide the legal services; and 15 (d) stating that this Act applies to the provision of legal 16 services but not to the provision of the non-legal 17 services. 18 (4) A regulation may provide for the following matters-- 19 (a) the way in which a disclosure is to be made; 20 (b) additional matters required to be disclosed in connection 21 with the provision of legal services or non-legal services 22 by an incorporated legal practice. 23 (5) Without limiting subsection (4), the additional matters may 24 include the kind of services provided by the incorporated legal 25 practice and whether those services are or are not covered by 26 the provisions of this Act, including, for example, provisions 27 about insurance. 28 (6) A disclosure under this section to a person about the provision 29 of legal services may relate to the provision of legal services 30 on 1 occasion, on more than 1 occasion or on an on-going 31 basis. 32 124 Effect of non-disclosure on provision of particular 33 services 34 (1) This section applies if-- 35

s 125 120 s 126 Legal Profession Bill 2007 (a) section 123 applies to a service that is provided to a 1 person who has engaged an incorporated legal practice 2 to provide the service and that the person might 3 reasonably assume to be a legal service; and 4 (b) a disclosure has not been made under that section about 5 the service. 6 (2) The standard of care owed by the practice in relation to the 7 service is the standard that would be applicable if the service 8 had been provided by an Australian legal practitioner. 9 125 Application of legal profession rules 10 Legal profession rules, so far as they apply to an Australian 11 legal practitioner, apply to an Australian legal practitioner 12 who is an officer or employee of an incorporated legal 13 practice, unless the rules otherwise provide. 14 126 Requirements relating to advertising 15 (1) A restriction imposed under this Act or another Act in 16 connection with advertising by Australian legal practitioners 17 applies to advertising by an incorporated legal practice in 18 relation to the provision of legal services. 19 (2) If a restriction mentioned in subsection (1) is limited to a 20 particular branch of the legal profession or persons who 21 practise in a particular style of legal practice, the restriction 22 applies only to the extent that the incorporated legal practice 23 carries on the business of that branch of the legal profession or 24 in that particular style of legal practice. 25 (3) An advertisement made in contravention of a restriction under 26 this section is, for the purposes of a disciplinary proceeding 27 taken against an Australian legal practitioner, taken to have 28 been authorised by each legal practitioner director of the 29 incorporated legal practice. 30 (4) This section does not apply if the provision by which the 31 restriction is imposed expressly excludes the application of 32 the restriction to incorporated legal practices. 33

s 127 121 s 128 Legal Profession Bill 2007 127 Extension to incorporated legal practice of vicarious 1 liability relating to failure to account and dishonesty 2 (1) This section applies to any of the following, being a 3 proceeding based on the vicarious liability of an incorporated 4 legal practice-- 5 (a) a civil proceeding relating to a failure to account for, pay 6 or deliver money or other property received by, or 7 entrusted to, the practice or to any officer or employee 8 of the practice in the course of the provision of legal 9 services by the practice, being money or other property 10 under the direct or indirect control of the practice; 11 (b) a civil proceeding for any other debt owed, or damages 12 payable, to a client because of a dishonest act or 13 omission by an Australian legal practitioner who is an 14 employee of the practice in connection with the 15 provision of legal services to the client. 16 (2) If the incorporated legal practice would not, apart from this 17 section, be vicariously liable for any acts or omissions of its 18 officers and employees in the proceeding, but would be liable 19 for those acts or omissions if the practice and those officers 20 and employees were carrying on business in partnership, the 21 practice is taken to be vicariously liable for those acts or 22 omissions. 23 128 Sharing of receipts, revenue or other income 24 (1) Nothing under this Act prevents an Australian legal 25 practitioner from sharing with an incorporated legal practice 26 receipts, revenue or other income arising from the provision 27 of legal services by the practitioner. 28 (2) This section does not extend to the sharing of receipts, 29 revenue or other income in contravention of section 129, and 30 has effect subject to section 220.19 31 19 Section 220 (Rules for Australian legal practitioners engaged in practice in the manner of barristers)

s 129 122 s 130 Legal Profession Bill 2007 129 Disqualified persons 1 (1) An incorporated legal practice commits an offence if a person 2 who is a disqualified person-- 3 (a) is an officer or employee of the incorporated legal 4 practice, whether or not the person provides legal 5 services, or is an officer or employee of a related body 6 corporate; or 7 (b) is a partner of the incorporated legal practice in a 8 business that includes the provision of legal services; or 9 (c) shares the receipts, revenue or other income arising from 10 the provision of legal services by the incorporated legal 11 practice; or 12 (d) is engaged or paid for the provision of legal services by 13 the incorporated legal practice. 14 Maximum penalty-- 15 (a) for a person guilty under the Criminal Code, chapter 2, 16 of an offence or for section 702--60 penalty units; or 17 (b) for a corporation--300 penalty units. 18 (2) Failure by a legal practitioner director of an incorporated legal 19 practice to ensure that the incorporated legal practice 20 complies with subsection (1) is capable of constituting 21 unsatisfactory professional conduct or professional 22 misconduct. 23 Division 5 Ensuring compliance with this Act 24 by incorporated legal practices 25 130 Commissioner or law society may audit incorporated 26 legal practice 27 (1) An ILP authority may conduct an audit of an incorporated 28 legal practice about-- 29 (a) the compliance of the practice, and of its officers and 30 employees, with the requirements of-- 31 (i) this part; or 32

s 131 123 s 132 Legal Profession Bill 2007 (ii) a regulation, the legal profession rules or the 1 administration rules, so far as they apply to 2 incorporated legal practices; and 3 (b) the management of the provision of legal services by the 4 incorporated legal practice, including the supervision of 5 officers and employees providing the services. 6 (2) An audit may be conducted whether or not a complaint has 7 been made against a person in relation to the provision of 8 legal services by the incorporated legal practice. 9 (3) A report of the audit-- 10 (a) must be given to the incorporated legal practice 11 concerned; and 12 (b) may be given to another ILP authority; and 13 (c) may be provided by an ILP authority to a corresponding 14 authority; and 15 (d) may be taken into account for-- 16 (i) a discipline application involving legal practitioner 17 directors or other persons; or 18 (ii) the grant, renewal, amendment, suspension or 19 cancellation of a practising certificate. 20 131 Application of chapter 6 21 Chapter 6 applies to an audit under this division. 22 132 Banning of incorporated legal practices 23 (1) The Supreme Court may, on application of an ILP authority, 24 make an order disqualifying a corporation from providing 25 legal services in this jurisdiction for the period the court 26 considers appropriate if the court is satisfied that-- 27 (a) a ground for disqualifying the corporation under this 28 section has been established; and 29 (b) the disqualification is justified. 30 (2) If the Supreme Court considers it appropriate, an order under 31 this section may be made-- 32

s 132 124 s 132 Legal Profession Bill 2007 (a) subject to conditions as to the conduct of the 1 incorporated legal practice; or 2 (b) subject to conditions as to when or in what 3 circumstances the order is to take effect; or 4 (c) together with orders to safeguard the interests of clients 5 or employees of the incorporated legal practice. 6 (3) Action may be taken against an incorporated legal practice on 7 any of the following grounds-- 8 (a) a legal practitioner director or an Australian legal 9 practitioner who is an officer or employee of the 10 corporation is found guilty of professional misconduct 11 under a law of this jurisdiction or another jurisdiction; 12 (b) an ILP authority is satisfied, after conducting an audit of 13 the incorporated legal practice, that the incorporated 14 legal practice has failed to implement satisfactory 15 management and supervision of its provision of legal 16 services; 17 (c) the incorporated legal practice, or a related body 18 corporate, has contravened section 11220 or a regulation 19 made under that section; 20 (d) the incorporated legal practice has contravened section 21 129;21 22 (e) an officer of the incorporated legal practice who is 23 acting in the management of the incorporated legal 24 practice is the subject of an order-- 25 (i) under section 133 or provisions of a corresponding 26 law that correspond to that section; or 27 (ii) under section 15822 or provisions of a 28 corresponding law that correspond to that section. 29 20 Section 112 (Non-legal services and businesses of incorporated legal practices) 21 Section 129 (Disqualified persons) 22 Section 158 (Prohibition on partnership with particular partner who is not an Australian legal practitioner)

s 133 125 s 133 Legal Profession Bill 2007 (4) If a corporation is disqualified under this section, the ILP 1 authority that applied for the order must notify the 2 corresponding authority of every other jurisdiction. 3 (5) If a corporation is disqualified from providing legal services 4 in another jurisdiction under a corresponding law, the 5 commissioner may decide that the corporation is taken to be 6 disqualified from providing legal services in this jurisdiction 7 for the same period, but nothing in this subsection prevents an 8 ILP authority from instead applying for an order under this 9 section. 10 (6) A corporation that provides legal services in contravention of 11 a disqualification under this section commits an offence. 12 Maximum penalty-- 13 (a) for a person guilty under the Criminal Code, chapter 2, 14 of an offence or for section 702--180 penalty units; or 15 (b) for a corporation--900 penalty units. 16 (7) A corporation that is disqualified under this section ceases to 17 be an incorporated legal practice. 18 (8) Conduct of an Australian legal practitioner who provides legal 19 services on behalf of a corporation in the capacity of an officer 20 or employee of the corporation is capable of being 21 unsatisfactory professional conduct or professional 22 misconduct if the practitioner ought reasonably to have known 23 that the corporation is disqualified under this section. 24 (9) A regulation may provide for the publication and notification 25 of orders made under this section, including notification of 26 corresponding authorities of other jurisdictions. 27 133 Disqualification from managing incorporated legal 28 practice 29 (1) The Supreme Court may, on application of an ILP authority, 30 make an order disqualifying a person from managing a 31 corporation that is an incorporated legal practice for the 32 period the court considers appropriate if the court is satisfied 33 that-- 34

s 134 126 s 134 Legal Profession Bill 2007 (a) the person is a person who could be disqualified under 1 the Corporations Act, section 206C, 206D, 206E or 2 206F,23 from managing corporations; and 3 (b) the disqualification is justified. 4 (2) The Supreme Court may, on application of a person subject to 5 a disqualification order under this section, revoke the order. 6 (3) A disqualification order made under subsection (1) has effect 7 for the purposes only of this Act and does not affect the 8 application or operation of the Corporations Act. 9 (4) A regulation may provide for the publication and notification 10 of orders made under this section. 11 (5) A person who is disqualified from managing a corporation 12 under provisions of a corresponding law that correspond to 13 this section is taken to be disqualified from managing a 14 corporation under this section. 15 134 Disclosure of information to the Australian Securities and 16 Investments Commission 17 (1) This section applies if an ILP authority, in connection with 18 performing functions or exercising powers under this Act, 19 acquired information concerning a corporation that is or was 20 an incorporated legal practice. 21 (2) The ILP authority may disclose to the Australian Securities 22 and Investments Commission information concerning the 23 corporation that is relevant to the commission's functions. 24 (3) Information may be provided under subsection (2) despite any 25 law relating to secrecy or confidentiality, including any 26 provisions of this Act. 27 23 Corporations Act, section 206C (Court power of disqualification--contravention of civil penalty provision), 206D (Court power of disqualification--insolvency and non-payment of debts), 206E (Court power of disqualification--repeated contraventions of Act) or 206F (ASIC's power of disqualification)

s 135 127 s 135 Legal Profession Bill 2007 Division 6 External administration 1 135 External administration proceedings under Corporations 2 (1) This section applies to a proceeding in any court under the 3 Corporations Act, chapter 524-- 4 (a) relating to a corporation that is an 5 externally-administered body corporate under that Act 6 and that is or was an incorporated legal practice; or 7 (b) relating to a corporation that is or was an incorporated 8 legal practice becoming an externally-administered 9 body corporate under that Act. 10 (2) Each ILP authority is entitled to intervene in the proceeding, 11 unless the court decides that the proceeding does not concern 12 or affect the provision of legal services by the incorporated 13 legal practice. 14 (3) The court may, when exercising its jurisdiction in the 15 proceeding, have regard to the interests of the clients of the 16 incorporated legal practice who have been or are to be 17 provided with legal services by the practice. 18 (4) Subsection (3) does not authorise the court to make any 19 decision that is contrary to a specific provision of the 20 Corporations Act. 21 (5) Subsections (2) and (3) are declared to be Corporations 22 legislation displacement provisions for the purposes of the 23 Corporations Act, section 5G,25 in relation to the provisions of 24 chapter 5 of that Act. 25 Note-- 26 The Corporations Act, section 5G, provides that if a State law declares a 27 provision of a State law to be a Corporations legislation displacement 28 provision, any provision of the Corporations legislation with which the 29 State provision would otherwise be inconsistent does not apply to the 30 extent necessary to avoid the inconsistency. 31 24 Corporations Act, chapter 5 (External administration) 25 Corporations Act, section 5G (Avoiding direct inconsistency arising between the Corporations legislation and State and Territory laws)

s 136 128 s 137 Legal Profession Bill 2007 136 External administration proceedings under other 1 legislation 2 (1) This section applies to a proceeding for the external 3 administration, however expressed, of an incorporated legal 4 practice but does not apply to a proceeding to which section 5 135 applies. 6 (2) Each ILP authority is entitled to intervene in the proceeding, 7 unless the court decides that the proceeding does not concern 8 or affect the provision of legal services by the incorporated 9 legal practice. 10 (3) The court may, when exercising its jurisdiction in the 11 proceeding, have regard to the interests of the clients of the 12 incorporated legal practice who have been or are to be 13 provided with legal services by the practice. 14 (4) Subsection (3) does not authorise the court to make any 15 decision that is contrary to a specific provision of any 16 legislation applicable to the incorporated legal practice. 17 137 Incorporated legal practice that is subject to receivership 18 under this Act and external administration under 19 Corporations Act 20 (1) This section applies if an incorporated legal practice is the 21 subject of both-- 22 (a) the appointment of a chapter 5 receiver; and 23 (b) the appointment of a Corporations Act administrator. 24 (2) The chapter 5 receiver is under a duty to notify the 25 Corporations Act administrator of the appointment of the 26 chapter 5 receiver, whether the appointment precedes, follows 27 or is contemporaneous with the appointment of the 28 Corporations Act administrator. 29 (3) The chapter 5 receiver or the Corporations Act administrator, 30 or both of them jointly, may apply to the Supreme Court for 31 the resolution of issues arising from or in connection with the 32 dual appointments and their respective powers, except if a 33 proceeding mentioned in section 135 has been started. 34 (4) The Supreme Court may make any orders it considers 35 appropriate, and no liability attaches to the chapter 5 receiver 36

s 138 129 s 138 Legal Profession Bill 2007 or the Corporations Act administrator for any act or omission 1 done by the receiver or administrator in good faith for the 2 purpose of carrying out or acting under the orders. 3 (5) Each ILP authority is entitled to intervene in the proceeding, 4 unless the court decides that the proceeding does not concern 5 or affect the provision of legal services by the incorporated 6 legal practice. 7 (6) The provisions of subsections (3) and (4) are declared to be 8 Corporations legislation displacement provisions for the 9 purposes of the Corporations Act, section 5G, in relation to 10 the provisions of chapter 5 of that Act. 11 (7) In this section-- 12 Corporations Act administrator means-- 13 (a) a receiver, receiver and manager, liquidator (including a 14 provisional liquidator), controller, administrator or deed 15 administrator appointed under the Corporations Act; or 16 (b) a person who is appointed to exercise powers under that 17 Act and who is prescribed under a regulation for this 18 definition. 19 chapter 5 receiver means a receiver appointed under section 20 512.26 21 138 Incorporated legal practice that is subject to receivership 22 under this Act and external administration under other 23 legislation 24 (1) This section applies if an incorporated legal practice is the 25 subject of both-- 26 (a) the appointment of a chapter 5 receiver; and 27 (b) the appointment of an external administrator. 28 (2) The chapter 5 receiver is under a duty to notify the external 29 administrator of the appointment of the chapter 5 receiver, 30 whether the appointment precedes, follows or is 31 contemporaneous with the appointment of the external 32 administrator. 33 26 Section 512 (Appointment of receiver)

s 139 130 s 140 Legal Profession Bill 2007 (3) The chapter 5 receiver or the external administrator, or both of 1 them jointly, may apply to the Supreme Court for the 2 resolution of issues arising from or in connection with the 3 dual appointments and their respective powers. 4 (4) The Supreme Court may make any orders it considers 5 appropriate, and no liability attaches to the chapter 5 receiver 6 or the external administrator for any act or omission done by 7 the receiver or administrator in good faith for the purpose of 8 carrying out or acting under the orders. 9 (5) Each ILP authority is entitled to intervene in the proceeding, 10 unless the court decides that the proceeding does not concern 11 or affect the provision of legal services by the incorporated 12 legal practice. 13 (6) In this section-- 14 external administrator means a person who is-- 15 (a) appointed to exercise powers under an Act other than 16 this Act, or under an Act of the Commonwealth or 17 another jurisdiction; and 18 (b) prescribed under a regulation for this definition. 19 chapter 5 receiver means a receiver appointed under section 20 512. 21 Division 7 Miscellaneous provisions relating 22 to incorporated legal practices 23 139 Cooperation between courts 24 Courts of this jurisdiction may make arrangements for 25 communicating and cooperating with other courts or tribunals 26 in connection with the exercise of powers under this part. 27 140 Relationship of Act to constitution of incorporated legal 28 practice 29 A provision under this Act that applies in relation to an 30 incorporated legal practice prevails, to the extent of any 31

s 141 131 s 142 Legal Profession Bill 2007 inconsistency, over the constitution or other constituent 1 documents of the practice. 2 141 Relationship of Act to legislation establishing 3 incorporated legal practice 4 (1) This section applies to a corporation, established by or under a 5 law whether or not of this jurisdiction, that is an incorporated 6 legal practice but is not a company under the Corporations 7 Act. 8 (2) The provisions of this Act that apply to an incorporated legal 9 practice prevail, to the extent of any inconsistency, over 10 provisions of the legislation under which the corporation is 11 established or regulated that are prescribed under a regulation. 12 142 Relationship of Act to Corporations legislation and 13 certain other instruments 14 (1) A regulation may declare a provision under this Act that 15 relates to an incorporated legal practice to be a Corporations 16 legislation displacement provision for the purposes of the 17 Corporations Act, section 5G.27 18 (2) A regulation may declare a matter relating to an incorporated 19 legal practice that is prohibited, required, authorised or 20 permitted under this Act to be an excluded matter for the 21 purposes of the Corporations Act, section 5F,28 in relation 22 to-- 23 (a) the whole of the Corporations legislation; or 24 (b) a stated provision of the Corporations legislation; or 25 (c) the Corporations legislation other than a stated 26 provision; or 27 (d) the Corporations legislation other than to a stated extent. 28 27 Corporations Act, section 5G (Avoiding direct inconsistency arising between the Corporations legislation and State and Territory laws) 28 Corporations Act, section 5F (Corporations legislation does not apply to matters declared by State or Territory law to be an excluded matter)

s 143 132 s 145 Legal Profession Bill 2007 (3) In this section-- 1 matter includes act, omission, body, person or thing. 2 143 Undue influence 3 A person, whether or not an officer or employee of an 4 incorporated legal practice, must not cause or induce, or 5 attempt to cause or induce, a legal practitioner director, or 6 another Australian legal practitioner who provides legal 7 services for the practice, to contravene this Act or the 8 practitioner's professional obligations as an Australian legal 9 practitioner. 10 Maximum penalty--300 penalty units. 11 Division 8 Multi-disciplinary partnerships 12 144 Nature of multi-disciplinary partnership 13 (1) A partnership is a multi-disciplinary partnership if it is a 14 partnership between 1 or more Australian legal practitioners 15 and 1 or more other persons who are not Australian legal 16 practitioners, and the partnership business includes the 17 provision of legal services in this jurisdiction as well as other 18 services. 19 (2) However, a partnership consisting only of 1 or more 20 Australian legal practitioners and 1 or more 21 Australian-registered foreign lawyers is not a 22 multi-disciplinary partnership. 23 (3) Nothing in this part affects or applies to the provision by a 24 multi-disciplinary partnership of legal services in 1 or more 25 other jurisdictions. 26 145 Conduct of multi-disciplinary partnerships 27 (1) An Australian legal practitioner may be in partnership with a 28 person who is not an Australian legal practitioner, if the 29 partnership business includes the provision of legal services. 30

s 146 133 s 147 Legal Profession Bill 2007 (2) Subsection (1) does not prevent an Australian legal 1 practitioner from being in partnership with a person who is 2 not an Australian legal practitioner, if the partnership business 3 does not include the provision of legal services. 4 (3) A regulation may prohibit an Australian legal practitioner 5 from being in partnership with a person providing a service or 6 conducting a business of a kind stated under the regulation, if 7 the partnership business includes the provision of legal 8 services. 9 146 Notice of intention to start practice in multi-disciplinary 10 partnership 11 (1) Before an Australian legal practitioner starts to provide legal 12 services in this jurisdiction as a partner in a multi-disciplinary 13 partnership, the practitioner must give the law society notice, 14 in the law society approved form, of his or her intention to do 15 so. 16 Maximum penalty--100 penalty units. 17 (2) A regulation may prescribe particulars to be included in the 18 law society approved form. 19 147 General obligations of legal practitioner partners 20 (1) Each legal practitioner partner of a multi-disciplinary 21 partnership is, for the purposes only of this Act, responsible 22 for the management of the legal services provided in this 23 jurisdiction by the partnership. 24 (2) Each legal practitioner partner must ensure that appropriate 25 management systems are implemented and kept to enable the 26 provision of legal services by the multi-disciplinary 27 partnership-- 28 (a) under the professional obligations of Australian legal 29 practitioners and other obligations imposed under this 30 Act; and 31 (b) so that the obligations of legal practitioner partners, and 32 employees who are Australian legal practitioners, are 33 not affected by other partners and employees of the 34 partnership. 35

s 148 134 s 149 Legal Profession Bill 2007 148 Obligations of legal practitioner partner relating to 1 misconduct 2 (1) Each of the following is capable of constituting unsatisfactory 3 professional conduct or professional misconduct by a legal 4 practitioner partner of a multi-disciplinary partnership-- 5 (a) unsatisfactory professional conduct or professional 6 misconduct of an Australian legal practitioner employed 7 by the multi-disciplinary partnership; 8 (b) conduct of another partner, not being an Australian legal 9 practitioner, of the multi-disciplinary partnership that 10 adversely affects the provision of legal services by the 11 partnership; 12 (c) the unsuitability of another partner, not being an 13 Australian legal practitioner, of the multi-disciplinary 14 partnership to be a member of a partnership that 15 provides legal services. 16 (2) A legal practitioner partner of a multi-disciplinary partnership 17 must ensure that all reasonable action available to the legal 18 practitioner partner is taken to deal with any unsatisfactory 19 professional conduct or professional misconduct of an 20 Australian legal practitioner employed by the partnership. 21 149 Actions of partner who is not an Australian legal 22 practitioner 23 (1) A partner of a multi-disciplinary partnership who is not an 24 Australian legal practitioner does not contravene a provision 25 of this Act merely because of any of the following-- 26 (a) the partner is a member of a partnership and the 27 partnership business includes the provision of legal 28 services; 29 (b) the partner receives a fee, gain or reward for business of 30 the partnership that is the business of an Australian legal 31 practitioner; 32 (c) the partner holds out, advertises or represents himself or 33 herself as a member of a partnership where the 34 partnership business includes the provision of legal 35 services; 36

s 150 135 s 151 Legal Profession Bill 2007 (d) the partner shares with another partner the receipts of 1 business of the partnership that is the business of an 2 Australian legal practitioner. 3 (2) Subsection (1) is subject to any other provision that expressly 4 applies to a partner of a multi-disciplinary partnership who is 5 not an Australian legal practitioner. 6 150 Obligations and privileges of Australian legal practitioner 7 who is partner or employee 8 (1) An Australian legal practitioner who provides legal services in 9 the capacity of a partner or an employee of a 10 multi-disciplinary partnership-- 11 (a) is not excused from compliance with the professional 12 obligations, or other obligations under any law, of an 13 Australian legal practitioner; and 14 (b) does not lose the professional privileges of an Australian 15 legal practitioner. 16 (2) To remove any doubt, it is declared that the law relating to 17 client legal privilege, or other legal professional privilege, is 18 not excluded or otherwise affected because an Australian legal 19 practitioner is acting in the capacity of a partner or employee 20 of a multi-disciplinary partnership. 21 151 Conflicts of interest 22 (1) For the application of any law (including the common law) or 23 the legal profession rules relating to conflicts of interest to the 24 conduct of an Australian legal practitioner who is-- 25 (a) a legal practitioner partner of a multi-disciplinary 26 partnership; or 27 (b) an employee of a multi-disciplinary partnership; 28 the interests of the partnership or any partner of the 29 multi-disciplinary partnership are also taken to be the interests 30 of the practitioner concerned (in addition to any interests that 31 the practitioner has apart from this subsection). 32 (2) Legal profession rules may be made for or in relation to 33 additional duties and obligations in connection with conflicts 34

s 152 136 s 152 Legal Profession Bill 2007 of interest arising out of the conduct of a multi-disciplinary 1 partnership. 2 152 Disclosure obligations 3 (1) This section applies if a person engages a multi-disciplinary 4 partnership to provide services that the person might 5 reasonably assume to be legal services. 6 (2) Each legal practitioner partner of the multi-disciplinary 7 partnership, and any employee of the partnership who is an 8 Australian legal practitioner and who provides the services on 9 behalf of the partnership, must ensure that a disclosure that 10 complies with the requirements of this section and a 11 regulation made for this section is made to the person about 12 the services. 13 Maximum penalty--100 penalty units. 14 (3) The disclosure must be made by giving the person a written 15 notice-- 16 (a) setting out the services to be provided; and 17 (b) stating whether or not all the legal services will be 18 provided by an Australian legal practitioner; and 19 (c) if some or all of the legal services to be provided will 20 not be provided by an Australian legal 21 practitioner--identifying those services and indicating 22 the status or qualifications of the person or persons who 23 will provide the legal services; and 24 (d) stating that this Act applies to the provision of legal 25 services but not to the provision of the non-legal 26 services. 27 (4) A regulation may provide for the following matters-- 28 (a) the way in which a disclosure is to be made; 29 (b) additional matters required to be disclosed in connection 30 with the provision of legal services or non-legal services 31 by a multi-disciplinary partnership. 32 (5) Without limiting subsection (4), the additional matters may 33 include the kind of services provided by the multi-disciplinary 34 partnership and whether those services are or are not covered 35

s 153 137 s 155 Legal Profession Bill 2007 by the provisions of this Act, including, for example, 1 provisions about insurance. 2 (6) A disclosure under this section to a person about the provision 3 of legal services may relate to the provision of legal services 4 on 1 occasion, on more than 1 occasion or on an on-going 5 basis. 6 153 Effect of non-disclosure on provision of particular 7 services 8 (1) This section applies if-- 9 (a) section 152 applies in relation to a service that is 10 provided to a person who has engaged a 11 multi-disciplinary partnership to provide the service and 12 that the person might reasonably assume to be a legal 13 service; and 14 (b) a disclosure has not been made under that section in 15 relation to the service. 16 (2) The standard of care owed by the multi-disciplinary 17 partnership in relation to the service is the standard that would 18 be applicable if the service had been provided by an 19 Australian legal practitioner. 20 154 Application of legal profession rules 21 Legal profession rules, so far as they apply to an Australian 22 legal practitioner, apply to the following unless the rules 23 otherwise provide-- 24 (a) an Australian legal practitioner who is a legal 25 practitioner partner of a multi-disciplinary partnership; 26 (b) an Australian legal practitioner who is an employee of a 27 multi-disciplinary partnership. 28 155 Requirements relating to advertising 29 (1) A restriction imposed under this Act or another Act in 30 connection with advertising by Australian legal practitioners 31 applies to advertising by a multi-disciplinary partnership in 32 relation to the provision of legal services. 33

s 156 138 s 157 Legal Profession Bill 2007 (2) If a restriction mentioned in subsection (1) is limited to a 1 particular branch of the legal profession or persons who 2 practise in a particular style of legal practice, the restriction 3 applies only to the extent that the multi-disciplinary 4 partnership carries on the business of that branch of the legal 5 profession or that particular style of legal practice. 6 (3) An advertisement by a multi-disciplinary partnership about 7 the provision of services that include legal services is, for the 8 purposes of a disciplinary proceeding against an Australian 9 legal practitioner, taken to have been authorised by each legal 10 practitioner partner of the multi-disciplinary partnership. 11 (4) This section does not apply if the provision by which the 12 restriction is imposed expressly excludes its application to 13 multi-disciplinary partnerships. 14 156 Sharing of receipts, revenue or other income 15 (1) Nothing under this Act prevents a legal practitioner partner of 16 a multi-disciplinary partnership, or an Australian legal 17 practitioner who is an employee of a multi-disciplinary 18 partnership, from sharing with a partner of the partnership 19 who is not an Australian legal practitioner, receipts, revenue 20 or other income arising from the provision of legal services by 21 the partner or practitioner. 22 (2) This section does not extend to the sharing of receipts, 23 revenue or other income in contravention of section 157, and 24 has effect subject to section 220.29 25 157 Disqualified persons 26 A legal practitioner partner of a multi-disciplinary partnership 27 must not knowingly-- 28 (a) be a partner of a disqualified person in the 29 multi-disciplinary partnership; or 30 29 Section 220 (Rules for Australian legal practitioners engaged in practice in the manner of barristers)

s 158 139 s 158 Legal Profession Bill 2007 (b) share with a disqualified person the receipts, revenue or 1 other income arising from the provision of legal services 2 by the multi-disciplinary partnership; or 3 (c) employ or pay a disqualified person in connection with 4 the provision of legal services by the multi-disciplinary 5 partnership. 6 158 Prohibition on partnership with particular partner who is 7 not an Australian legal practitioner 8 (1) This section applies to a person who-- 9 (a) is not an Australian legal practitioner; and 10 (b) is or was a partner of an Australian legal practitioner. 11 (2) The Supreme Court may, on application by the commissioner 12 or the law society, make an order prohibiting an Australian 13 legal practitioner from being a partner of a person to whom 14 this section applies and who is stated in the order in relation to 15 a business that includes the provision of legal services if the 16 court is satisfied that-- 17 (a) the person is not a fit and proper person to be a partner; 18 or 19 (b) the person has been found guilty of conduct that, if the 20 person were an Australian legal practitioner, would have 21 constituted unsatisfactory professional conduct or 22 professional misconduct; or 23 (c) for a corporation--the corporation has, under section 24 132,30 been disqualified from providing legal services in 25 this jurisdiction or there are grounds for disqualifying 26 the corporation from providing legal services in this 27 jurisdiction. 28 (3) An order made under this section may be revoked by the 29 Supreme Court on application by the law society, the 30 commissioner or by the person against whom the order was 31 made. 32 30 Section 132 (Banning of incorporated legal practices)

s 159 140 s 160 Legal Profession Bill 2007 (4) The death of an Australian legal practitioner does not prevent 1 an application being made for, or the making of, an order 2 under this section in relation to a person who was a partner of 3 the practitioner. 4 (5) A regulation may make provision about the publication and 5 notification of orders made under this section. 6 159 Undue influence 7 A person, whether or not a partner or employee of a 8 multi-disciplinary partnership, must not cause or induce, or 9 attempt to cause or induce, either of the following persons to 10 contravene this Act or the person's professional obligations as 11 an Australian legal practitioner-- 12 (a) a legal practitioner partner of a multi-disciplinary 13 partnership; 14 (b) an employee of a multi-disciplinary partnership who 15 provides legal services and who is an Australian legal 16 practitioner. 17 Maximum penalty--300 penalty units. 18 Division 9 Miscellaneous 19 160 Obligations of practitioners not affected 20 Except as provided by this part, nothing in this part affects an 21 obligation imposed on-- 22 (a) a legal practitioner director of an incorporated legal 23 practice, or an Australian legal practitioner who is an 24 employee of an incorporated legal practice, under this 25 Act or another Act in his or her capacity as an 26 Australian legal practitioner; or 27 (b) a legal practitioner partner of, or an Australian legal 28 practitioner who is an employee of, a multi-disciplinary 29 partnership under this Act or another Act in his or her 30 capacity as an Australian legal practitioner. 31

s 161 141 s 162 Legal Profession Bill 2007 161 Regulation 1 (1) A regulation may provide for the following-- 2 (a) the legal services provided by incorporated legal 3 practices or legal practitioner partners or employees of 4 multi-disciplinary partnerships; 5 (b) other services provided by incorporated legal practices 6 or legal practitioner partners or employees of 7 multi-disciplinary partnerships in circumstances where a 8 conflict of interest relating to the provision of legal 9 services may arise. 10 (2) A regulation prevails over any inconsistent provision of the 11 legal profession rules. 12 (3) A regulation may provide that a breach of a provision of a 13 regulation is capable of constituting unsatisfactory 14 professional conduct or professional misconduct-- 15 (a) for an incorporated legal practice--by a legal 16 practitioner director, or by the Australian legal 17 practitioner responsible for the breach, or both; or 18 (b) for a multi-disciplinary partnership--by a legal 19 practitioner partner of the multi-disciplinary 20 partnership, or by the Australian legal practitioner 21 responsible for the breach, or both. 22 Part 2.8 Legal practice by foreign 23 lawyers 24 Division 1 Preliminary 25 162 Main purpose of pt 2.8 26 The main purpose of this part is to encourage and facilitate the 27 internationalisation of legal services and the legal services 28 sector by providing a framework for regulation of the practice 29

s 163 142 s 164 Legal Profession Bill 2007 of foreign law in this jurisdiction by foreign lawyers as a 1 recognised aspect of legal practice in this jurisdiction. 2 163 Definitions for pt 2.8 3 In this part-- 4 Australia includes the external Territories. 5 Australian law means law of the Commonwealth or of a 6 jurisdiction. 7 foreign law practice means a partnership or corporate entity 8 that is entitled to engage in legal practice in a foreign country. 9 foreign registration authority means an entity in a foreign 10 country having the function, conferred by the law of the 11 foreign country, of registering persons to engage in legal 12 practice in the foreign country. 13 local registration certificate means a registration certificate 14 given under this part. 15 overseas-registered foreign lawyer means an individual who 16 is properly registered to engage in legal practice in a foreign 17 country by the foreign registration authority for the country. 18 practise foreign law means doing work, or transacting 19 business, in this jurisdiction concerning foreign law, being 20 work or business of a kind that, if it concerned the law of this 21 jurisdiction, would ordinarily be done or transacted by an 22 Australian legal practitioner. 23 registered, when used in connection with a foreign country, 24 means having all necessary licences, approvals, admissions, 25 certificates or other forms of authorisation (including 26 practising certificates) required under legislation for engaging 27 in legal practice in that country. 28 164 This part does not apply to Australian legal practitioners 29 (1) This part does not apply to an Australian legal practitioner, 30 including an Australian legal practitioner who is also an 31 overseas-registered foreign lawyer. 32 (2) Accordingly, nothing in this part requires or enables an 33 Australian legal practitioner, including an Australian legal 34

s 165 143 s 166 Legal Profession Bill 2007 practitioner who is also an overseas-registered foreign lawyer, 1 to be registered as a foreign lawyer under this Act in order to 2 practise foreign law in this jurisdiction. 3 Division 2 Practice of foreign law 4 165 Requirement for registration 5 (1) A person must not practise foreign law in this jurisdiction 6 unless the person is-- 7 (a) an Australian-registered foreign lawyer; or 8 (b) an Australian legal practitioner. 9 Maximum penalty--200 penalty units. 10 (2) However, a person does not contravene subsection (1) if the 11 person is an overseas-registered foreign lawyer-- 12 (a) who-- 13 (i) practises foreign law in this jurisdiction for 1 or 14 more periods that do not exceed in aggregate 90 15 days in any period of 12 months; or 16 (ii) is subject to a restriction imposed under the 17 Migration Act 1958 (Cwlth) that has the effect of 18 limiting the period during which work may be 19 done, or business transacted, in Australia by the 20 person; and 21 (b) who-- 22 (i) does not keep an office for the purpose of 23 practising foreign law in this jurisdiction; or 24 (ii) does not become a partner or director of a law 25 practice. 26 166 Entitlement of Australian-registered foreign lawyer to 27 practise in this jurisdiction 28 An Australian-registered foreign lawyer is, subject to this Act, 29 entitled to practise foreign law in this jurisdiction. 30

s 167 144 s 168 Legal Profession Bill 2007 167 Scope of practice 1 (1) An Australian-registered foreign lawyer may provide only the 2 following legal services in this jurisdiction-- 3 (a) doing work, or transacting business, concerning the law 4 of a foreign country if the lawyer is registered by the 5 foreign registration authority for the country; 6 (b) legal services, including appearances, in relation to an 7 arbitration proceeding of a kind prescribed under a 8 regulation; 9 (c) legal services, including appearances, in relation to a 10 proceeding before a body other than a court, being a 11 proceeding in which the body concerned is not required 12 to apply the rules of evidence and in which knowledge 13 of the foreign law of a country mentioned in paragraph 14 (a) is essential; 15 (d) legal services for conciliation, mediation and other 16 forms of consensual dispute resolution of a kind 17 prescribed under a regulation. 18 (2) Nothing in this part authorises an Australian-registered 19 foreign lawyer to appear in any court, except on the lawyer's 20 own behalf, or to practise Australian law in this jurisdiction. 21 (3) Despite subsection (2), an Australian-registered foreign 22 lawyer may advise on the effect of an Australian law if-- 23 (a) the giving of advice on Australian law is necessarily 24 incidental to the practice of foreign law; and 25 (b) the advice is expressly based on advice given on the 26 Australian law by an Australian legal practitioner who is 27 not an employee of the foreign lawyer. 28 168 Form of practice 29 (1) An Australian-registered foreign lawyer may, subject to any 30 conditions attaching to the foreign lawyer's registration, 31 practise foreign law-- 32 (a) on the foreign lawyer's own account; or 33 (b) in partnership with 1 or more Australian-registered 34 foreign lawyers or 1 or more Australian legal 35

s 169 145 s 169 Legal Profession Bill 2007 practitioners, or both, in circumstances where, if the 1 Australian-registered foreign lawyer were an Australian 2 legal practitioner, the partnership would be permitted 3 under a law of this jurisdiction; or 4 (c) as a director or employee of an incorporated legal 5 practice or a partner or employee of a multi-disciplinary 6 partnership that is permitted by a law of this jurisdiction; 7 or 8 (d) as an employee of an Australian legal practitioner or law 9 firm in circumstances where, if the Australian-registered 10 foreign lawyer were an Australian legal practitioner, the 11 employment would be permitted under a law of this 12 jurisdiction; or 13 (e) as an employee of an Australian-registered foreign 14 lawyer. 15 (2) An affiliation mentioned in subsection (1)(b) to (e) does not 16 entitle the Australian-registered foreign lawyer to practise 17 Australian law in this jurisdiction. 18 169 Application of Australian professional ethical and 19 practice standards 20 (1) An Australian-registered foreign lawyer must not engage in 21 any conduct in practising foreign law that would, if the 22 conduct were engaged in by an Australian legal practitioner in 23 practising Australian law in this jurisdiction, be capable of 24 constituting unsatisfactory professional conduct or 25 professional misconduct. 26 (2) Chapter 431 applies to a person who-- 27 (a) is an Australian-registered foreign lawyer; or 28 (b) was an Australian-registered foreign lawyer when the 29 relevant conduct allegedly happened, but is no longer an 30 Australian-registered foreign lawyer (in which case 31 chapter 4 applies as if the person were an 32 Australian-registered foreign lawyer); 33 31 Chapter 4 (Complaints and discipline)

s 170 146 s 170 Legal Profession Bill 2007 and so applies as if references in chapter 3 to an Australian 1 legal practitioner were references to a person of that kind. 2 (3) A regulation may make provision in relation to the 3 application, with or without changes, of the provisions of 4 chapter 4 for the purposes of this section. 5 (4) Without limiting the matters that may be taken into account in 6 deciding whether a person should be disciplined for a 7 contravention of subsection (1), the following matters may be 8 taken into account-- 9 (a) whether the conduct of the person was consistent with 10 the standard of professional conduct of the legal 11 profession in any foreign country where the person is 12 registered; 13 (b) whether the person contravened the subsection wilfully 14 or without reasonable excuse. 15 (5) Without limiting another provision of this section or the 16 orders that may be made under chapter 4 as applied by this 17 section, the following orders may be made under that chapter 18 as applied by this section-- 19 (a) an order that a person's registration under this Act as a 20 foreign lawyer be cancelled; 21 (b) an order that a person's registration under a 22 corresponding law as a foreign lawyer be cancelled. 23 170 Designation 24 (1) An Australian-registered foreign lawyer may use only the 25 following designations-- 26 (a) the lawyer's own name; 27 (b) a title or business name that the lawyer is authorised by 28 law to use in a foreign country where the lawyer is 29 registered by a foreign registration authority; 30 (c) subject to this section, the name of a foreign law 31 practice with which the lawyer is affiliated or associated 32 whether as a partner, director, employee or otherwise; 33 (d) if the lawyer is a principal of any law practice in 34 Australia whose principals include both 1 or more 35

s 171 147 s 171 Legal Profession Bill 2007 Australian-registered foreign lawyers and 1 or more 1 Australian legal practitioners--a description of the 2 practice that includes reference to both Australian legal 3 practitioners and Australian-registered foreign lawyers. 4 Examples for paragraph (d)-- 5 � solicitors and locally registered foreign lawyers 6 � Australian solicitors and US attorneys 7 (2) An Australian-registered foreign lawyer who is a principal of 8 a foreign law practice may use the practice's name in or in 9 connection with practising foreign law in this jurisdiction only 10 if-- 11 (a) the lawyer indicates, on the lawyer's letterhead or 12 another document used in this jurisdiction to identify the 13 lawyer as an overseas-registered foreign lawyer, that the 14 foreign law practice practises only foreign law in this 15 jurisdiction; and 16 (b) the lawyer has provided the law society with acceptable 17 evidence that the lawyer is a principal of the foreign law 18 practice. 19 (3) An Australian-registered foreign lawyer who is a principal of 20 a foreign law practice may use the name of the practice as 21 mentioned in this section whether or not other principals of 22 the practice are Australian-registered foreign lawyers. 23 (4) This section does not authorise the use of a name or other 24 designation that contravenes any requirements of the law of 25 this jurisdiction concerning the use of business names or that 26 is likely to lead to any confusion with the name of any 27 established domestic law practice or foreign law practice in 28 this jurisdiction. 29 171 Letterhead and other identifying documents 30 (1) An Australian-registered foreign lawyer must indicate, in each 31 public document distributed by the lawyer in connection with 32 the lawyer's practice of foreign law, the fact that the lawyer is 33 an Australian-registered foreign lawyer and is restricted to the 34 practice of foreign law. 35

s 172 148 s 172 Legal Profession Bill 2007 (2) Subsection (1) is satisfied if the lawyer includes in the public 1 document the words-- 2 (a) `registered foreign lawyer' or `registered foreign 3 practitioner'; and 4 (b) `entitled to practise foreign law only'. 5 (3) An Australian-registered foreign lawyer may, but need not, 6 include any or all of the following on any public document-- 7 (a) an indication of all foreign countries in which the lawyer 8 is registered to engage in legal practice; 9 (b) a description of himself or herself, and any law practice 10 with which the lawyer is affiliated or associated, in any 11 of the ways designated in section 170. 12 (4) In this section-- 13 public document includes any business letter, statement of 14 account, invoice, business card, and promotional and 15 advertising material. 16 172 Advertising 17 (1) An Australian-registered foreign lawyer is required to comply 18 with any advertising restrictions imposed by the law society or 19 by law on the legal practice engaged in by an Australian legal 20 practitioner that are relevant to the practice of law in this 21 jurisdiction. 22 (2) Without limiting subsection (1), an Australian-registered 23 foreign lawyer must not advertise, or use any description on 24 the lawyer's letterhead or another document used in this 25 jurisdiction to identify the lawyer as a lawyer, in any way 26 that-- 27 (a) might reasonably be regarded as-- 28 (i) false, misleading or deceptive; or 29 (ii) suggesting that the Australian-registered foreign 30 lawyer is an Australian legal practitioner; or 31 (b) contravenes a regulation. 32

s 173 149 s 174 Legal Profession Bill 2007 173 Foreign lawyer employing Australian legal practitioner 1 (1) An Australian-registered foreign lawyer may employ 1 or 2 more Australian legal practitioners. 3 (2) Employment of an Australian legal practitioner does not 4 entitle an Australian-registered foreign lawyer to practise 5 Australian law in this jurisdiction. 6 (3) An Australian legal practitioner employed by an 7 Australian-registered foreign lawyer may practise foreign law. 8 (4) An Australian legal practitioner employed by an 9 Australian-registered foreign lawyer must not do either of the 10 following-- 11 (a) provide advice on Australian law to, or for use by, the 12 Australian-registered foreign lawyer; 13 (b) otherwise practise Australian law in this jurisdiction in 14 the course of that employment. 15 (5) Subsection (4) does not apply to an Australian legal 16 practitioner employed by a law firm, a partner of which is an 17 Australian-registered foreign lawyer, if at least 1 other partner 18 is an Australian legal practitioner. 19 (6) Any period of employment of an Australian legal practitioner 20 by an Australian-registered foreign lawyer can not be used to 21 satisfy a requirement imposed by a condition on a local 22 practising certificate to complete a period of supervised legal 23 practice. 24 174 Trust money and trust accounts 25 (1) Subject to this section, the provisions of part 3.3 and any other 26 provisions under this Act relating to requirements about trust 27 money and trust accounts apply to Australian-registered 28 foreign lawyers in the same way as they apply to law practices 29 and Australian legal practitioners. 30 (2) A regulation may make provision in relation to the 31 application, with or without changes, of the provisions of this 32 Act relating to trust money and trust accounts for the purposes 33 of this section. 34

s 175 150 s 175 Legal Profession Bill 2007 (3) In this section-- 1 money includes money other than in this jurisdiction. 2 175 Professional indemnity insurance 3 (1) An Australian-registered foreign lawyer must, at all times 4 while practising foreign law in this jurisdiction, comply with 5 1 of the following-- 6 (a) the foreign lawyer must have professional indemnity 7 insurance that conforms with the requirements for 8 professional indemnity insurance applicable for 9 Australian legal practitioners in any jurisdiction; 10 (b) if the foreign lawyer does not have professional 11 indemnity insurance that complies with paragraph (a), 12 the foreign lawyer-- 13 (i) must have professional indemnity insurance that 14 covers the practice of foreign law in this 15 jurisdiction and that complies with the relevant 16 requirements of a foreign law or foreign 17 registration authority; and 18 (ii) if the insurance is for less than $1.5 million 19 (inclusive of defence costs), must provide a 20 disclosure statement to each client disclosing the 21 level of cover; 22 (c) if the foreign lawyer does not have professional 23 indemnity insurance that complies with paragraph (a) or 24 (b), the foreign lawyer must provide a disclosure 25 statement to each client stating that the lawyer does not 26 have complying professional indemnity insurance. 27 (2) A disclosure statement must be made in writing before, or as 28 soon as practicable after, the foreign lawyer is retained in the 29 matter. 30 (3) A disclosure statement provided to a person before the foreign 31 lawyer is retained in a matter is taken to be provided to the 32 person as a client for the purposes of this section. 33 (4) A disclosure statement is not valid unless it is given under, 34 and complies with, any applicable requirements of a 35 regulation. 36

s 176 151 s 178 Legal Profession Bill 2007 176 Fidelity cover 1 A regulation may provide that provisions of part 3.6 apply to 32 2 prescribed classes of Australian-registered foreign lawyers 3 and so apply with any changes stated in the regulation. 4 Division 3 Local registration of foreign lawyers 5 generally 6 177 Local registration of foreign lawyers 7 Overseas-registered foreign lawyers may be registered as 8 foreign lawyers under this Act. 9 178 Duration of registration 10 (1) Registration as a foreign lawyer granted under this Act is in 11 force from the day stated in the local registration certificate 12 until the end of the financial year in which it is granted, unless 13 the registration is sooner suspended or cancelled. 14 (2) Registration as a foreign lawyer renewed under this Act is in 15 force until the end of the financial year following its previous 16 period of currency, unless the registration is sooner suspended 17 or cancelled. 18 (3) If an application for the renewal of registration as a foreign 19 lawyer has not been decided by the following 1 July, the 20 registration-- 21 (a) continues in force on and from that 1 July until the law 22 society renews or refuses to renew the registration or the 23 holder withdraws the application for renewal, unless the 24 registration is sooner suspended or cancelled; and 25 (b) if renewed, is taken to have been renewed on and from 26 that 1 July. 27 32 Part 3.6 (Fidelity cover)

s 179 152 s 181 Legal Profession Bill 2007 179 Local registered foreign lawyer is not officer of Supreme 1 Court 2 A locally registered foreign lawyer is not an officer of the 3 Supreme Court. 4 Division 4 Application for grant or renewal of 5 local registration 6 180 Application for grant or renewal of registration 7 An overseas-registered foreign lawyer may apply to the law 8 society for the grant or renewal of registration as a foreign 9 lawyer under this Act. 10 181 Manner of application 11 (1) An application for the grant or renewal of registration as a 12 foreign lawyer must be-- 13 (a) made in the law society approved form; and 14 (b) accompanied by the fees prescribed under a regulation. 15 (2) Different fees may be set according to different factors 16 decided by the law society. 17 (3) The fees are not to be greater than the maximum fees for a 18 local practising certificate. 19 (4) The law society may also require the applicant to pay any 20 reasonable costs and expenses incurred by it in considering 21 the application, including, for example, costs and expenses of 22 making inquiries and obtaining information or documents 23 about whether the applicant meets the criteria for registration. 24 (5) The fees and costs must not include any component for 25 compulsory membership of any professional association. 26 (6) The law society approved form may require the applicant to 27 disclose-- 28 (a) matters that may affect the law society's consideration 29 of the application for the grant or renewal of 30 registration; and 31

s 182 153 s 182 Legal Profession Bill 2007 (b) particulars of any offences for which the applicant has 1 been convicted in Australia or a foreign country, 2 whether before or after the commencement of this 3 section. 4 (7) The law society approved form may indicate that convictions 5 of a particular kind need not be disclosed for the purposes of 6 the current application. 7 (8) The law society approved form may indicate that stated kinds 8 of matters or particulars previously disclosed in a particular 9 way need not be disclosed for the purposes of the current 10 application. 11 182 Requirements regarding applications for the grant or 12 renewal of registration 13 (1) An application for the grant of registration as a foreign lawyer 14 under this Act must state the applicant's educational and 15 professional qualifications. 16 (2) An application for the grant or renewal of registration must-- 17 (a) state that the applicant is registered to engage in legal 18 practice by 1 or more stated foreign registration 19 authorities in 1 or more foreign countries; and 20 (b) state that the applicant is not an Australian legal 21 practitioner; and 22 (c) state that the applicant is not the subject of any 23 disciplinary proceeding in Australia or a foreign 24 country, including any preliminary investigations or 25 action that might lead to a disciplinary proceeding in his 26 or her capacity as-- 27 (i) an overseas-registered foreign lawyer; or 28 (ii) an Australian-registered foreign lawyer; or 29 (iii) an Australian lawyer; and 30 (d) state whether the applicant has been convicted of an 31 offence in Australia or a foreign country, and if so-- 32 (i) the nature of the offence; and 33 (ii) how long ago the offence was committed; and 34

s 182 154 s 182 Legal Profession Bill 2007 (iii) the applicant's age when the offence was 1 committed; and 2 (e) state that the applicant's registration is not cancelled or 3 currently suspended in any place as a result of any 4 disciplinary action in Australia or a foreign country; and 5 (f) state-- 6 (i) that the applicant is not otherwise personally 7 prohibited from engaging in legal practice in any 8 place or bound by any undertaking not to engage in 9 legal practice in any place; and 10 (ii) whether or not the applicant is subject to any 11 special conditions in engaging in legal practice in 12 any place; 13 as a result of any criminal, civil or disciplinary 14 proceeding in Australia or a foreign country; and 15 (g) state any special conditions imposed in Australia or a 16 foreign country as a restriction on legal practice engaged 17 in by the applicant or any undertaking given by the 18 applicant restricting the applicant's practice of law; and 19 (h) give consent to the making of inquiries of, and the 20 exchange of information with, any foreign registration 21 authorities that the law society considers appropriate 22 regarding the applicant's activities in engaging in legal 23 practice in the places concerned or otherwise regarding 24 matters relevant to the application; and 25 (i) state which provisions under section 175(1) the 26 applicant proposes to rely on and be accompanied by 27 supporting proof of the relevant matters; and 28 (j) provide the information, or be accompanied by the other 29 information or documents, or both, that is stated in the 30 application form or in material accompanying the 31 application form. 32 (3) The application must, if the law society so requires, be 33 accompanied by an original instrument, or a copy of an 34 original instrument, from each foreign registration authority 35 stated in the application that-- 36

s 183 155 s 183 Legal Profession Bill 2007 (a) verifies the applicant's educational and professional 1 qualifications; and 2 (b) verifies the applicant's registration by the authority to 3 engage in legal practice in the foreign country 4 concerned and the date of registration; and 5 (c) describes anything done by the applicant in engaging in 6 legal practice in that foreign country of which the 7 authority is aware and that the authority believes has had 8 or is likely to have had an adverse effect on the 9 applicant's professional standing within the legal 10 profession of that place. 11 (4) The applicant must, if the law society so requires, certify in 12 the application that the accompanying instrument is the 13 original or a complete and accurate copy of the original. 14 (5) The law society may require the applicant to verify the 15 statements in the application by statutory declaration or by 16 other proof acceptable to the law society. 17 (6) If the accompanying instrument is not in English, it must be 18 accompanied by a translation in English that is authenticated 19 or certified to the satisfaction of the law society. 20 Division 5 Grant or renewal of registration 21 183 Grant or renewal of local registration 22 (1) The law society must consider an application that has been 23 made for the grant or renewal of registration as a foreign 24 lawyer and may-- 25 (a) grant or refuse to grant the registration; or 26 (b) renew or refuse to renew the registration. 27 (2) The law society may, when granting or renewing registration, 28 impose conditions as mentioned in section 203.33 29 33 Section 203 (Conditions imposed by law society)

s 184 156 s 184 Legal Profession Bill 2007 (3) If the law society grants or renews the registration, the law 1 society must give the applicant a registration certificate or a 2 notice of renewal. 3 (4) If the law society decides not to grant or renew the 4 registration, or imposes a condition on the registration that the 5 applicant has not agreed to as part of the grant or renewal of 6 the registration-- 7 (a) the law society must give the person an information 8 notice about the law society's decision; and 9 (b) the person may appeal to the Supreme Court against the 10 decision within 28 days after the day the information 11 notice is given to the person. 12 (5) A notice of renewal may be in the form of a new registration 13 certificate or another form the law society considers 14 appropriate. 15 184 Requirement to grant or renew registration if criteria 16 satisfied 17 (1) The law society must grant an application for registration as a 18 foreign lawyer if the law society-- 19 (a) is satisfied the applicant is registered to engage in legal 20 practice in 1 or more foreign countries and is not an 21 Australian legal practitioner; and 22 (b) considers an effective system exists for regulating 23 engaging in legal practice in 1 or more of the foreign 24 countries; and 25 (c) considers the applicant is not, as a result of a criminal, 26 civil or disciplinary proceeding, subject to-- 27 (i) any special conditions in engaging in legal practice 28 in any of the foreign countries; and 29 (ii) any undertakings concerning engaging in legal 30 practice in any of the foreign countries; 31 that would make it inappropriate to register the person; 32 and 33

s 185 157 s 185 Legal Profession Bill 2007 (d) is satisfied the applicant demonstrates an intention to 1 commence practising foreign law in this jurisdiction 2 within a reasonable period if registration were granted; 3 unless the law society refuses the application under this part. 4 (2) The law society must grant an application for renewal of an 5 applicant's registration, unless the law society refuses renewal 6 under this part. 7 (3) Residence or domicile in this jurisdiction is not to be a 8 prerequisite for or a factor in entitlement to the grant or 9 renewal of registration. 10 185 Refusal to grant or renew registration 11 (1) The law society may refuse to consider an application that 12 purports to be an application if it is not made under this Act. 13 (2) The law society may refuse to grant or renew an applicant's 14 registration if-- 15 (a) the application is not accompanied by, or does not 16 contain, the information required under this part; or 17 (b) the applicant has contravened this Act or a 18 corresponding law; or 19 (c) the applicant has contravened an order of a disciplinary 20 body or a corresponding disciplinary body, including 21 but not limited to an order to pay any fine or costs; or 22 (d) the applicant has contravened an order of a regulatory 23 authority of any jurisdiction to pay any fine or costs; or 24 (e) the applicant has failed to comply with a requirement 25 under this Act to pay a contribution to, or levy for, the 26 fidelity fund; or 27 (f) the applicant has contravened a requirement under this 28 Act about professional indemnity insurance; or 29 (g) the applicant has failed to pay any expenses of external 30 intervention payable under this Act; or 31 (h) the applicant's foreign legal practice is in receivership 32 (however described). 33

s 185 158 s 185 Legal Profession Bill 2007 (3) The law society may refuse to grant or renew an applicant's 1 registration if the regulatory authority of another jurisdiction 2 has under a corresponding law-- 3 (a) refused to grant or renew the applicant's registration; or 4 (b) suspended or cancelled the applicant's registration. 5 (4) The law society may refuse to grant registration if satisfied 6 that the applicant is not a fit and proper person to be registered 7 after considering-- 8 (a) the nature of any offence for which the applicant has 9 been convicted in Australia or a foreign country, 10 whether before or after the commencement of this 11 section; and 12 (b) how long ago the offence was committed; and 13 (c) the person's age when the offence was committed. 14 (5) The law society may refuse to renew registration if satisfied 15 that the applicant is not a fit and proper person to continue to 16 be registered after considering-- 17 (a) the nature of any offence for which the applicant has 18 been convicted in Australia or a foreign country, 19 whether before or after the commencement of this 20 section, other than an offence disclosed in a previous 21 application to the law society; and 22 (b) how long ago the offence was committed; and 23 (c) the person's age when the offence was committed. 24 (6) The law society may refuse to grant or renew registration on 25 any ground on which registration could be suspended or 26 cancelled. 27 (7) If the law society refuses to grant or renew an application for 28 registration as a locally registered foreign lawyer under this 29 section-- 30 (a) the law society must give the person an information 31 notice about the law society's decision; and 32

s 186 159 s 187 Legal Profession Bill 2007 (b) the person may appeal to the Supreme Court against the 1 decision within 28 days after the day the information 2 notice is given to the person. 3 (8) Nothing in this section affects the operation of division 7.34 4 Division 6 Amendment, suspension or 5 cancellation of local registration 6 186 Application of pt 2.8, div 6 7 This part does not apply to a matter mentioned in division 7. 8 187 Grounds for amending, suspending or cancelling 9 registration 10 (1) Each of the following is a ground for amending, suspending or 11 cancelling a person's registration as a foreign lawyer-- 12 (a) the registration was obtained because of incorrect or 13 misleading information; 14 (b) the person fails to comply with a requirement of this 15 part; 16 (c) the person fails to comply with a condition imposed on 17 the person's registration; 18 (d) the person becomes the subject of disciplinary 19 proceedings, including any preliminary investigations or 20 action that might lead to disciplinary proceedings, in 21 Australia or a foreign country in his or her capacity as-- 22 (i) an overseas-registered foreign lawyer; or 23 (ii) an Australian-registered foreign lawyer; or 24 (iii) an Australian lawyer; 25 (e) the person has been convicted of an offence in Australia 26 or a foreign country; 27 34 Division 7 (Special powers in relation to local registration--show cause events)

s 188 160 s 188 Legal Profession Bill 2007 (f) the person's registration is cancelled or currently 1 suspended in any place as a result of any disciplinary 2 action in Australia or a foreign country; 3 (g) the person does not meet the requirements of section 4 175;35 5 (h) another ground the law society considers sufficient. 6 (2) Subsection (1) does not limit the grounds on which conditions 7 may be imposed on registration as a foreign lawyer under 8 section 203.36 9 188 Amending, suspending or cancelling registration 10 (1) If the law society believes a ground exists to amend, suspend 11 or cancel a person's registration in this jurisdiction as a 12 foreign lawyer (the proposed action), the law society must 13 give the person a notice (the show cause notice) that-- 14 (a) states the proposed action and-- 15 (i) if the proposed action is to amend the person's 16 registration--the proposed amendment; or 17 (ii) if the proposed action is to suspend the person's 18 registration--the proposed suspension period; and 19 (b) states the grounds for proposing to take the proposed 20 action; and 21 (c) states an outline of the facts and circumstances that form 22 the basis for the law society's belief; and 23 (d) invites the person to make written representations to the 24 law society, within a stated time of not less than 28 days, 25 as to why the proposed action should not be taken. 26 (2) If, after considering all written representations made within 27 the stated time or, in its discretion, after the stated time, the 28 law society still believes a ground exists to take the proposed 29 action, the law society may-- 30 35 Section 175 (Professional indemnity insurance) 36 Section 203 (Conditions imposed by law society)

s 189 161 s 189 Legal Profession Bill 2007 (a) if the show cause notice stated the proposed action was 1 to amend the person's registration--amend the 2 registration in the way stated, or in another way the law 3 society considers appropriate because of the written 4 representations; or 5 (b) if the show cause notice stated the proposed action was 6 to suspend the person's registration for a stated 7 period--suspend the registration for a period no longer 8 than the stated period; or 9 (c) if the show cause notice stated the proposed action was 10 to cancel the person's registration-- 11 (i) cancel the registration; or 12 (ii) suspend the registration for a period; or 13 (iii) amend the registration in a less onerous way the 14 law society considers appropriate because of the 15 written representations. 16 (3) If the law society decides to amend, suspend or cancel the 17 person's registration-- 18 (a) the law society must give the person an 19 information notice about the law society's 20 decision; and 21 (b) the person may appeal to the Supreme Court 22 against the decision within 28 days after the day 23 the information notice is given to the person. 24 (4) In this section-- 25 amend, in relation to registration, means amend the 26 registration under section 203 during its currency, otherwise 27 than at the request of the foreign lawyer concerned. 28 189 Operation of amendment, suspension or cancellation of 29 registration 30 (1) This section applies if a decision is made to amend, suspend 31 or cancel a person's registration under section 188. 32 (2) Subject to subsections (3) and (4), the amendment, suspension 33 or cancellation of the person's registration takes effect on the 34 later of the following-- 35

s 190 162 s 190 Legal Profession Bill 2007 (a) the day the information notice about the decision is 1 given to the person; 2 (b) the day stated in the information notice. 3 (3) If the person's registration is amended, suspended or 4 cancelled because the person has been convicted of an 5 offence-- 6 (a) the Supreme Court may, on application of the person, 7 order that the amendment, suspension or cancellation be 8 stayed until-- 9 (i) the end of the time to appeal against the 10 conviction; or 11 (ii) if an appeal is made against the conviction--the 12 appeal is finally decided, lapses or otherwise ends; 13 and 14 (b) the amendment, suspension or cancellation does not 15 have effect during any period for which the stay is in 16 force. 17 (4) If the person's registration is amended, suspended or 18 cancelled because the person has been convicted of an offence 19 and the conviction is quashed-- 20 (a) the amendment or suspension ceases to have effect when 21 the conviction is quashed; or 22 (b) the cancellation ceases to have effect when the 23 conviction is quashed and the person's registration is 24 restored as if it had merely been suspended. 25 190 Other ways of amending or cancelling registration 26 (1) This section applies if-- 27 (a) a locally registered foreign lawyer requests the law 28 society to amend or cancel the person's registration and 29 the law society proposes to give effect to the request; or 30 (b) the law society proposes to amend a locally registered 31 foreign lawyer's registration only for a formal or clerical 32 reason or in another way that does not adversely affect 33 the person's interests. 34

s 191 163 s 192 Legal Profession Bill 2007 (2) The law society may amend or cancel the registration as 1 mentioned in subsection (1) by written notice given to the 2 person. 3 (3) Section 188 does not apply to an amendment or cancellation 4 under this section. 5 191 Relationship of this division with ch 4 6 Nothing in this division prevents a complaint being made or 7 an investigation matter being started under chapter 437 about a 8 matter to which this division relates. 9 Division 7 Special powers in relation to local 10 registration--show cause events 11 192 Applicant for local registration--show cause event 12 (1) This section applies if-- 13 (a) a person is applying for registration as a foreign lawyer 14 under this Act; and 15 (b) a show cause event in relation to the person happened, 16 whether before or after the commencement of this 17 section, after the person first became an 18 overseas-registered foreign lawyer. 19 (2) As part of the application, the applicant must give the law 20 society a written statement, as required under a regulation-- 21 (a) about the show cause event; and 22 (b) explaining why, despite the event, the applicant is a fit 23 and proper person to be a locally registered foreign 24 lawyer. 25 (3) However, the applicant need not give a statement under 26 subsection (2) if the applicant has previously given the law 27 society a statement under this section, or a notice and 28 statement under section 193, for the event explaining why, 29 37 Chapter 4 (Complaints and discipline)

s 193 164 s 194 Legal Profession Bill 2007 despite the event, the applicant is a fit and proper person to be 1 a locally registered foreign lawyer. 2 193 Locally registered foreign lawyer--show cause event 3 (1) This section applies to a show cause event that happens in 4 relation to a locally registered foreign lawyer. 5 (2) The locally registered foreign lawyer must give the law 6 society both of the following-- 7 (a) within 7 days after the day of the event--notice, in the 8 law society approved form, that the event happened; 9 (b) within 28 days after the day of the event--a written 10 statement explaining why, despite the event, the person 11 considers himself or herself to be a fit and proper person 12 to be a locally registered foreign lawyer. 13 (3) However, if a written statement is provided after the 28 days 14 mentioned in subsection (2)(b), the law society may accept the 15 statement and take it into consideration. 16 194 Refusal, amendment, suspension or cancellation of local 17 registration--failure to show cause 18 (1) The law society may refuse to grant or renew, or may amend, 19 suspend or cancel, local registration if the applicant for 20 registration or the locally registered foreign lawyer-- 21 (a) is required by section 192 or 193 to give a written 22 statement relating to a matter to the law society and the 23 applicant or foreign lawyer has not done so; or 24 (b) has given a written statement under section 192 or 193 25 but the law society does not consider the applicant or 26 foreign lawyer has shown in the statement that, despite 27 the show cause event concerned, he or she is a fit and 28 proper person to be a locally registered foreign lawyer. 29 (2) For subsection (1)(b), a written statement accepted by the law 30 society as mentioned in section 193(3) is taken to have been 31 given under section 193. 32 (3) If the law society decides to refuse to grant or renew an 33 application for local registration, or to amend, suspend or 34

s 195 165 s 196 Legal Profession Bill 2007 cancel the registration of, a locally registered foreign 1 lawyer-- 2 (a) the law society must give the person an information 3 notice about the decision; and 4 (b) the person may appeal to the Supreme Court against the 5 decision within 28 days after the day the information 6 notice is given to the person. 7 195 Restriction on making further applications 8 (1) If the law society decides under this division to cancel a 9 person's registration, the law society may also decide that the 10 person is not entitled to apply for registration under this part 11 for a stated period of not more than 5 years. 12 (2) A person in relation to whom a decision has been made under 13 this section, or under a provision of a corresponding law that 14 corresponds to this section, is not entitled to apply for 15 registration under this part during the period stated in the 16 decision. 17 (3) If the law society makes a decision under this section-- 18 (a) the law society must give the person an information 19 notice about the decision; and 20 (b) the person may appeal to the Supreme Court against the 21 decision within 28 days after the day the information 22 notice is given to the person. 23 196 Relationship of this division with pt 4.6 and ch 6 24 (1) The law society has and may exercise powers under part 4.6 25 and chapter 6, in relation to a matter under this division, as if 26 the matter were the subject of a complaint under chapter 4. 27 (2) Accordingly, the provisions of part 4.6 and chapter 6, apply in 28 relation to a matter under this division, and so apply with any 29 necessary changes. 30 (3) Nothing in this division prevents a complaint being made or 31 an investigation matter being started under chapter 4 about a 32 matter to which this part relates. 33

s 197 166 s 197 Legal Profession Bill 2007 Division 8 Further provisions relating to local 1 registration 2 197 Immediate suspension of registration 3 (1) This section applies, despite sections 188 and 189,38 if the law 4 society considers it necessary in the public interest to 5 immediately suspend a person's registration as a foreign 6 lawyer. 7 (2) The law society may immediately suspend the person's 8 registration for any of the following reasons, whether they 9 happened before or after the commencement of this section-- 10 (a) the locally registered foreign lawyer has become an 11 insolvent under administration; 12 (b) the locally registered foreign lawyer has been convicted 13 of a serious offence or tax offence; 14 (c) a ground exists on which the certificate could be 15 suspended or cancelled under section 188. 16 (3) The law society suspends the person's registration by giving 17 an information notice to the person about the law society's 18 decision to suspend. 19 (4) The information notice must also state that the person may 20 make written representations to the law society about the 21 suspension. 22 (5) Subject to subsection (8), the person's registration continues 23 to be suspended until the earlier of the following-- 24 (a) the time at which the law society informs the person of 25 the law society's decision by information notice under 26 section 188; 27 (b) the end of 56 days after the information notice is given 28 to the person under this section. 29 (6) If the person makes written representations to the law society 30 about the suspension, the law society must consider the 31 written representations. 32 38 Sections 188 (Amending, suspending or cancelling registration) and 189 (Operation of amendment, suspension or cancellation of registration)

s 198 167 s 200 Legal Profession Bill 2007 (7) The law society may revoke the suspension at any time, 1 whether or not because of written representations made to it 2 by the person. 3 (8) Also, the law society may apply to the Supreme Court for an 4 order extending the period of the suspension and, if the court 5 considers it appropriate and the suspension has not ended 6 under subsection (5), the court may extend the period of the 7 suspension for a further period of not more than a further 56 8 days after the date of the court order. 9 (9) The law society must give the person written notice about its 10 decision to apply under subsection (8) for an order extending 11 the period of the suspension. 12 198 Surrender of local registration certificate and 13 cancellation of registration 14 (1) A person registered as a foreign lawyer under this part may 15 surrender the local registration certificate or notice of renewal 16 to the law society. 17 (2) If a local registration certificate or notice of renewal is 18 surrendered, the law society may cancel the registration. 19 199 Automatic cancellation of registration on grant of 20 practising certificate 21 A person's registration under this part is taken to be cancelled 22 if the person becomes an Australian legal practitioner. 23 200 Suspension or cancellation of registration not to affect 24 disciplinary processes 25 The suspension or cancellation of a person's registration as a 26 foreign lawyer under this part does not affect any disciplinary 27 processes in relation to matters happening before the 28 suspension or cancellation. 29

s 201 168 s 202 Legal Profession Bill 2007 201 Return of local registration certificate on amendment, 1 suspension or cancellation of registration 2 (1) This section applies if a person's registration as a foreign 3 lawyer under this part is amended, suspended or cancelled. 4 (2) The law society may-- 5 (a) give the person a notice requiring the person to return 6 the registration certificate or notice of renewal to the law 7 society in the way stated in the notice within a stated 8 period of not less than 14 days; or 9 (b) include in an information notice, that the law society 10 must give to the person under this part, further notice 11 requiring the person to return the registration certificate 12 or notice of renewal to the law society in the way stated 13 in the notice within a stated period of not less than 14 14 days. 15 (3) The person must comply with the requirement, unless the 16 person has a reasonable excuse. 17 Maximum penalty--50 penalty units. 18 (4) The law society must return the registration certificate or 19 notice of renewal to the person-- 20 (a) if the certificate or notice is amended--after amending 21 it; or 22 (b) if the certificate or notice is suspended and is still 23 current at the end of the suspension period--at the end 24 of the suspension period. 25 Division 9 Conditions on registration 26 202 Conditions generally 27 The registration of a person as a foreign lawyer under this part 28 is subject to the following-- 29 (a) any conditions imposed by the law society; 30 (b) any statutory conditions imposed under this Act or 31 another Act; 32

s 203 169 s 204 Legal Profession Bill 2007 (c) any conditions imposed under the legal profession rules; 1 (d) any conditions imposed under chapter 4 or under 2 provisions of a corresponding law that correspond to 3 chapter 4. 4 203 Conditions imposed by law society 5 (1) The law society may impose conditions on a person's 6 registration as a foreign lawyer-- 7 (a) when it is granted or renewed; or 8 (b) at any time during its currency. 9 (2) A condition imposed under this section-- 10 (a) may be about any matter in relation to which a condition 11 could be imposed on a local practising certificate or any 12 other matter agreed to by the foreign lawyer; and 13 (b) must be reasonable and relevant. 14 (3) The law society must not impose a condition under subsection 15 (2)(a) that is more onerous than a condition that it would 16 impose on a local practising certificate of a local legal 17 practitioner in the same or similar circumstances. 18 (4) The law society may vary or revoke a condition imposed by it 19 under this section. 20 204 Statutory condition regarding notification of offence 21 (1) It is a statutory condition of a registration as a foreign lawyer 22 that the lawyer must give notice, in a law society approved 23 form, to the law society if the lawyer is-- 24 (a) convicted of an offence that would have to be disclosed 25 in relation to an application for registration as a foreign 26 lawyer; or 27 (b) charged with a serious offence. 28 (2) The notice must be given to the law society within 7 days after 29 the conviction or the day the lawyer is charged. 30 (3) A regulation may state the person to whom, or the address to 31 which, the notice is to be given. 32

s 205 170 s 207 Legal Profession Bill 2007 (4) This section does not apply to an offence to which division 739 1 applies. 2 205 Conditions imposed by regulation 3 A regulation may make provision in relation to an 4 Australian-registered foreign lawyer, including, for 5 example-- 6 (a) imposing conditions on the registration of persons as 7 foreign lawyers or any class of foreign lawyers; or 8 (b) authorising conditions to be imposed on the registration 9 of persons as foreign lawyers or any class of foreign 10 lawyers. 11 206 Compliance with conditions 12 A locally registered foreign lawyer must not contravene a 13 condition to which the person's registration is subject. 14 Maximum penalty--50 penalty units. 15 Division 10 Interstate-registered foreign 16 lawyers 17 207 Extent of entitlement of interstate-registered foreign 18 lawyer to practise in this jurisdiction 19 (1) This part does not authorise an interstate-registered foreign 20 lawyer to practise foreign law in this jurisdiction to a greater 21 extent than a locally registered foreign lawyer could be 22 authorised under a local registration certificate. 23 (2) Also, an interstate-registered foreign lawyer's right to practise 24 foreign law in this jurisdiction-- 25 (a) is subject to any conditions imposed by the law society 26 under section 208, and any conditions imposed under 27 the legal profession rules as mentioned under that 28 section; and 29 39 Division 7 (Special powers in relation to local registration--show cause events)

s 208 171 s 208 Legal Profession Bill 2007 (b) is to the greatest extent and with all necessary 1 changes-- 2 (i) the same as the interstate-registered foreign 3 lawyer's right to practise foreign law in the 4 lawyer's home jurisdiction; and 5 (ii) subject to any condition on the interstate-registered 6 foreign lawyer's right to practise foreign law in 7 that jurisdiction. 8 (3) If there is an inconsistency between conditions mentioned in 9 subsection (2)(a) and conditions mentioned in subsection 10 (2)(b), the conditions that the law society believes are the 11 more onerous prevail to the extent of the inconsistency. 12 (4) An interstate-registered foreign lawyer must not practise 13 foreign law in this jurisdiction in a way that is not authorised 14 by this Act or in contravention of any condition mentioned in 15 this section. 16 208 Additional conditions on practice of interstate-registered 17 foreign lawyers 18 (1) An interstate-registered foreign lawyer's right to practise 19 foreign law in this jurisdiction is subject to any condition 20 imposed under this Act. 21 (2) Without limiting subsection (1), the law society may impose 22 any condition on the interstate-registered foreign lawyer's 23 practice of foreign law in this jurisdiction that it may impose 24 under this Act in relation to a locally registered foreign 25 lawyer. 26 (3) Conditions imposed under a regulation, the legal profession 27 rules or subsection (2) must not be more onerous than 28 conditions applying to locally registered foreign lawyers in 29 the same or similar circumstances. 30 (4) If the law society imposes a condition under subsection (1)-- 31 (a) the law society must give the interstate-registered 32 foreign lawyer an information notice about the law 33 society's decision; and 34

s 209 172 s 210 Legal Profession Bill 2007 (b) the person may appeal to the Supreme Court against the 1 decision within 28 days after the day the information 2 notice is given to the person. 3 Division 11 Miscellaneous 4 209 Consideration and investigation of applicants and locally 5 registered foreign lawyers 6 (1) To help it consider whether or not to grant, renew, amend, 7 suspend or cancel registration under this part, the law society 8 may, by notice to the applicant or a locally registered foreign 9 lawyer, require the applicant or locally registered foreign 10 lawyer-- 11 (a) to give it stated documents or information; or 12 (b) to cooperate with any inquiries that it considers 13 appropriate. 14 (2) A failure to comply with a notice under subsection (1) by the 15 date stated in the notice and in the way required by the notice 16 is a ground for making an adverse decision in relation to the 17 action being considered by the law society. 18 210 Register of locally registered foreign lawyers 19 (1) The law society must keep a register of the names of locally 20 registered foreign lawyers. 21 (2) The register must-- 22 (a) state any conditions imposed by it on a foreign lawyer's 23 registration; and 24 (b) otherwise include the particulars prescribed under a 25 regulation. 26 (3) The register may be kept in the way the law society decides. 27 (4) The law society must ensure that an up-to-date version of the 28 register is available, without charge, for public inspection-- 29 (a) at the law society's principal place of business during 30 normal working hours; or 31

s 211 173 s 214 Legal Profession Bill 2007 (b) on the law society's internet site or an internet site 1 identified on the law society's internet site. 2 211 Publication of information about locally registered 3 foreign lawyers 4 The law society may publish, in circumstances that it 5 considers appropriate, the names of persons registered by it as 6 foreign lawyers under this part and any relevant particulars 7 concerning those persons. 8 212 Supreme Court orders about conditions 9 (1) The law society may apply to the Supreme Court for an order 10 that an Australian-registered foreign lawyer not contravene a 11 condition imposed under this part. 12 (2) The Supreme Court may make any order it considers 13 appropriate relating to the application. 14 213 Exemption by law society 15 (1) The law society may exempt an Australian-registered foreign 16 lawyer, or class of Australian-registered foreign lawyers, from 17 compliance with a stated provision under this Act that would 18 otherwise apply to the Australian-registered foreign lawyer or 19 class of Australian-registered foreign lawyers. 20 (2) An exemption may be granted unconditionally or subject to 21 conditions stated in writing. 22 (3) The law society may revoke or vary a condition imposed 23 under this section or impose new conditions. 24 214 Membership of professional association 25 (1) An Australian-registered foreign lawyer is not required to join 26 any professional association. 27 (2) However, subsection (1) does not prevent an 28 Australian-registered foreign lawyer joining a professional 29 association if the person is eligible to do so. 30

s 215 174 s 216 Legal Profession Bill 2007 215 Refund of fees 1 (1) A regulation may provide for the refund of a portion of a fee 2 paid in relation to registration as a foreign lawyer if the 3 registration is suspended or cancelled during its currency. 4 (2) Without limiting subsection (1), a regulation may state-- 5 (a) the circumstances in