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Queensland
LEGAL REPRESENTATION
OFFICE BILL 1998
Queensland
LEGAL REPRESENTATION OFFICE
BILL 1998
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Main object . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Meaning of "legal assistance" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
5 Meaning of "legally assisted person" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
PART 2--LEGAL ASSISTANCE
Division 1--Preliminary
6 Application of pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Division 2--Giving legal assistance
7 Applying for legal assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
8 How to apply for legal assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
9 What is taken into account in deciding whether legal assistance
may be given . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
10 Office may assist person having an interest adverse to the State etc. . . . . 8
11 Deciding applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
12 Conditions of approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
13 How office may enforce a condition of approval . . . . . . . . . . . . . . . . . . . . . 9
14 Office must give written notice if it refuses an application . . . . . . . . . . . . . 9
Division 3--General duties of lawyers and office agents
15 Office agent must give particular information to office . . . . . . . . . . . . . . . . 9
Division 4--Office's recovery of its costs and expenses
16 How office agent must deal with contributions received for legal
assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
2
Legal Representation Office
Division 5--Office agents' fees
17 How much is payable by office to an office agent etc. . . . . . . . . . . . . . . . . 11
PART 3--LEGAL REPRESENTATION OFFICE
Division 1--Establishment and constitution
18 Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
19 Office is a body corporate etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Division 2--Functions and powers
20 Main functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
21 General powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
22 Power to enter into legal assistance agreements . . . . . . . . . . . . . . . . . . . . . 14
23 Other powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
24 Office's report to Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Division 3--Provisions relating to the director
25 Appointment of director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
26 Conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
27 Preservation of rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
28 Leave of absence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
29 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
30 Termination of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
31 Delegation of powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
32 Acting director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Division 4--Operations of the office
33 Conflicts of interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
34 Minister may give office directions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
PART 4--OTHER PROVISIONS ABOUT THE OFFICE
Division 1--Control of the office
35 Control of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Division 2--Employees
36 Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Division 3--Legal practice
37 External employment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
3
Legal Representation Office
38 Particular provisions of the Legal Practitioners Act 1995 and
Queensland Law Society Act 1952 do not apply to office lawyers . . . . . . . 19
39 The office taken to be solicitors' firm etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
40 Professional conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
41 Application of legal professional privilege to the office and office
lawyers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
42 The office and its employees' right of practice . . . . . . . . . . . . . . . . . . . . . . . 20
43 Application of Queensland Law Society Act 1952 to office
lawyers who are solicitors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
44 Application of laws about conduct to office lawyers who are barristers . . . 21
45 Solicitor on the record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
PART 5--NOTICE BY INVESTIGATIVE AGENCIES OF
AVAILABILITY OF ASSISTANCE
46 Notification of availability of assistance by office . . . . . . . . . . . . . . . . . . . . 22
PART 6--MISCELLANEOUS
47 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
48 Office not liable for particular acts or omissions of office agents . . . . . . . . 23
49 Secrecy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
50 Office employee's duty to give information . . . . . . . . . . . . . . . . . . . . . . . . . 24
51 Offence of misrepresentation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
52 Proceedings under Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
53 Evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
54 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
55 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
56 Transitional--Inquiry legal representation office . . . . . . . . . . . . . . . . . . . . . 27
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 28
DICTIONARY
1998
A BILL
FOR
An Act to establish the Legal Representation Office and to provide for
legal assistance to witnesses at particular investigations by
investigative agencies, and for other purposes
s1 6 s5
Legal Representation Office
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
title 3
Short
1. This Act may be cited as the Legal Representation Office Act 1998. 4
object 5
Main
2.(1) The main object of this Act is to provide, in the most effective, 6
efficient and economical way, for legal advice and other legal assistance for 7
particular persons who appear before, or make submissions to, investigative 8
agencies. 9
(2) The object is to be achieved mainly by establishing the Legal 10
Representation Office. 11
12
Dictionary
3. The dictionary in the schedule defines particular words used in this 13
Act. 14
of "legal assistance" 15
Meaning
4.(1) "Legal assistance" is the giving, under this Act, of a legal service, 16
including legal advice, free or on payment of an amount that is less than the 17
cost of giving the service. 18
(2) The service may be given by an office lawyer or an office agent. 19
of "legally assisted person" 20
Meaning
5. A "legally assisted person" is a person who, in relation to an 21
investigation matter, is or was receiving legal assistance. 22
s6 7 s9
Legal Representation Office
PART 2--LEGAL ASSISTANCE 1
1--Preliminary 2
Division
of pt 2 3
Application
6. This part applies only to legal assistance consisting of the following 4
legal services given, or to be given, by the office, an office lawyer or an 5
office agent-- 6
(a) legal services for appearance before, or the making of a 7
submission to, an investigation by an investigative agency; 8
(b) another legal service the office decides. 9
2--Giving legal assistance 10
Division
for legal assistance 11
Applying
7. A person may apply to the office for legal assistance. 12
to apply for legal assistance 13
How
8. An application for legal assistance must be made in the approved 14
form. 15
is taken into account in deciding whether legal assistance may 16
What
be given 17
9.(1) Legal assistance may be given to an applicant for legal assistance 18
only if the applicant meets the criteria-- 19
(a) prescribed under a regulation; or 20
(b) published by the office and notified in the gazette. 21
s 10 8 s 12
Legal Representation Office
(2) If there is an inconsistency between a regulation and a publication 1
mentioned in subsection (1)(b), the regulation prevails to the extent of the 2
inconsistency. 3
(3) The other provisions of this division apply subject to this section. 4
may assist person having an interest adverse to the State etc. 5
Office
10. The office may give a person legal assistance for a matter even 6
though the person's interest is, or may be, adverse to the interest of any of 7
the following-- 8
(a) the State; 9
(b) the Commonwealth; 10
(c) an entity established for a public purpose under a law of the State 11
or Commonwealth; 12
(d) a corporation in which the State, Commonwealth or an entity 13
mentioned in paragraph (c) has an interest. 14
applications 15
Deciding
11.(1) The office may-- 16
(a) approve an application for legal assistance unconditionally, or on 17
conditions the office considers appropriate having regard to the 18
objects of this Act; or 19
(b) refuse the application. 20
(2) Without limiting subsection (1), the office may decide to give the 21
legal assistance-- 22
(a) by the office or through an office agent; and 23
(b) free, or on condition that the office pays only part of the cost of 24
giving the assistance. 25
of approval 26
Conditions
12. Without limiting section 11, a condition of an approval for legal 27
assistance may provide for the following-- 28
s 13 9 s 15
Legal Representation Office
(a) terminating the assistance; 1
(b) circumstances in which the legally assisted person may be 2
required to pay the office all or part of the cost of giving the 3
assistance; 4
(c) contributions by the legally assisted person to an expense incurred 5
or to be incurred by the office in giving the assistance; 6
(d) charging or giving the legally assisted person's property as 7
security for payment to the office of an amount the legally 8
assisted person is or may become liable to pay to the office. 9
office may enforce a condition of approval 10
How
13.(1) The office may enforce in a court of competent jurisdiction-- 11
(a) a condition imposed under section 11 against a legally assisted 12
person by action as if it were a condition of a contract entered into 13
with the legally assisted person; or 14
(b) a charge or security given under a condition imposed under 15
section 11 in a way that would be available to the office if the 16
charge or security had been given as a condition of a contract 17
entered into with the legally assisted person. 18
(2) Without limiting subsection (1), if a contribution is payable by a 19
legally assisted person to an office agent under a condition of approval for 20
legal assistance, the agent, with the office's written approval, may start a 21
proceeding in the agent's name to recover the contribution. 22
must give written notice if it refuses an application 23
Office
14. If the office refuses an application for legal assistance, the office must 24
give the applicant written notice of the decision. 25
3--General duties of lawyers and office agents 26
Division
agent must give particular information to office 27
Office
15.(1) This section applies if a person is receiving legal assistance for a 28
s 15 10 s 15
Legal Representation Office
matter and an office agent is performing, or has performed, services for the 1
person in relation to the matter. 2
(2) The office may, by written notice, ask the agent to give the office any 3
relevant information or document about the matter that is within the agent's 4
knowledge or to which the agent has access. 5
(3) The office may use the information or document for an audit or 6
another purpose the office considers necessary to perform its functions. 7
(4) The agent must give the information or document to the office by the 8
day stated in the notice. 9
Maximum penalty--20 penalty units. 10
(5) Subsection (4) has effect despite any legal professional privilege, lien 11
or other claim the agent may have for withholding the information or 12
document arising out of the relationship between the agent and the legally 13
assisted person. 14
(6) An office agent may give the office any relevant information or 15
document the agent considers may help the office perform its functions 16
despite any legal professional privilege arising out of the relationship 17
between the agent and the legally assisted person. 18
(7) For this section, the legally assisted person is taken to have waived 19
any privilege or right, including legal professional privilege, that might 20
otherwise prevent the agent giving the information or document. 21
(8) However, the privilege, right or relationship is not otherwise affected 22
by the agent giving any information or document to the office or 23
performing, or having performed, services for the person under this Act. 24
(9) An office agent does not incur civil liability for an act done or 25
omission made, honestly and without negligence under this section. 26
(10) In this section-- 27
"relevant information or document", about a matter, means information 28
or a document-- 29
(a) relevant to giving legal assistance to a person for the matter, 30
including a time record or other record of legal services given to 31
the person; or 32
(b) about the matter's progress and disposal. 33
s 16 11 s 17
Legal Representation Office
4--Office's recovery of its costs and expenses 1
Division
office agent must deal with contributions received for legal 2
How
assistance 3
16. If legal assistance is given to a person by an office agent and the 4
legally assisted person gives the agent an amount required as a contribution 5
under the legal assistance approval, the agent must deal with the amount as 6
directed by the office. 7
Division 5--Office agents' fees 8
much is payable by office to an office agent etc. 9
How
17.(1) The office must decide the fees payable by the office to an office 10
agent for legal assistance given by the agent under this Act. 11
(2) The office must pay the fees to the agent. 12
(3) Subsections (1) and (2) do not apply if the legal assistance is given on 13
a voluntary basis. 14
(4) The office may pay to an office agent a fee for legal assistance only if 15
the assistance is given after the approval of the application for assistance 16
under section 11.1 17
(5) A fee may be worked out on a time basis or another basis and-- 18
(a) apply generally to all office agents and matters or be limited in its 19
application to-- 20
(i) a particular office agent or matter; or 21
(ii) particular classes of office agents or matters; or 22
(b) otherwise apply generally or be limited in its application by 23
reference to stated exceptions or factors. 24
(6) If the office gives a person legal assistance under an agreement with 25
an office agent, the agent may receive only the following amounts from the 26
office for the legal service given-- 27
1 Section 11 (Deciding applications)
s 18 12 s 19
Legal Representation Office
(a) an amount decided by the office as the fee for the service; 1
(b) another amount approved by the office, but only if any conditions 2
imposed on the approval are complied with. 3
(7) An amount payable by the office to an office agent under this section 4
may be paid by the office allowing the agent to keep contributions given to 5
the agent by legally assisted persons under this Act. 6
ART 3--LEGAL REPRESENTATION OFFICE 7
P
1--Establishment and constitution 8
Division
9
Establishment
18. The Legal Representation Office is established. 10
is a body corporate etc. 11
Office
19.(1) The office-- 12
(a) is a body corporate with perpetual succession; and 13
(b) has a seal; and 14
(c) is constituted by the director of the office; and 15
(d) may sue and be sued in its corporate name. 16
(2) The office does not represent the State. 17
(3) The office is-- 18
(a) a statutory body within the meaning of-- 19
(i) the Financial Administration and Audit Act 1977; and 20
(ii) the Statutory Bodies Financial Arrangements Act 1982; and 21
(b) an exempt corporation under the Corporations Law. 22
s 20 13 s 21
Legal Representation Office
(4) Judicial notice must be taken of the imprint of office's seal appearing 1
on a document and the document must be presumed to have been properly 2
sealed unless evidence to the contrary is given. 3
Division 2--Functions and powers 4
functions 5
Main
20. The office's main functions are-- 6
(a) to ensure legal assistance for an investigation by an investigative 7
agency is given to persons in the most effective, economic, 8
commercial and efficient way; and 9
(b) to manage its resources so as to make legal assistance for an 10
investigation by an investigative agency available at a reasonable 11
cost to the community. 12
powers 13
General
21.(1) The office has all the powers of an individual, and may, for 14
example-- 15
(a) enter into contracts; and 16
(b) acquire, hold or dispose of real and personal property; and 17
(c) accept an amount or other property on trust, and act as trustee of 18
the amount or other property. 19
(2) Despite anything in this Act, but subject to subsection (4), an amount 20
or other property held by the office on trust must be dealt with by the office 21
as trustee under the Trusts Act 1973. 22
(3) A provision of the Trust Accounts Act 1973 about solicitors keeping 23
accounts for amounts held by them on trust, or the audit of the accounts, 24
does not apply to an amount held by the office on trust under this Act. 25
s 22 14 s 24
Legal Representation Office
(4) The Legal Practitioners Act 1995, section 512 applies to an amount 1
held by the office on trust for a person who is or has been legally assisted 2
and, for this subsection, a reference in section 51 to a solicitor is taken to be 3
a reference to the office. 4
(5) The office may invest an amount held by it on trust under the 5
Statutory Bodies Financial Arrangements Act 1982 and an amount 6
resulting from the investment must be applied for this Act. 7
(6) Subsection (5) does not apply to an amount the office is required to 8
deposit with the Queensland Law Society Incorporated under the Legal 9
Practitioners Act 1995, section 51. 10
to enter into legal assistance agreements 11
Power
22. To meet its obligations under this Act, the office may enter into an 12
agreement with an entity to provide legal services as the office's agent by 13
using a private lawyer whether or not the entity is the private lawyer. 14
powers 15
Other
23. The office may-- 16
(a) decide priorities and strategies for the carrying out of its 17
functions; and 18
(b) make guidelines about particular types of applications; and 19
(c) make standards about giving legal services under this Act; and 20
(d) deal with a matter under guidelines mentioned in paragraph (b). 21
report to Minister 22
Office's
24.(1) If asked by the Minister at any time, the office must give the 23
Minister a report on any issue relevant to its functions. 24
(2) However, the Minister can not ask the office to give a report about 25
legal assistance for a particular person. 26
2 Legal Practitioners Act 1995, section 51 (Solicitors trust bank accounts etc.)
s 25 15 s 27
Legal Representation Office
Division 3--Provisions relating to the director 1
of director 2
Appointment
25.(1) The director of the office is to be appointed by the Governor in 3
Council. 4
(2) A person is not eligible for appointment as the director unless the 5
person is a lawyer of not less than 5 years standing. 6
(3) Subject to sections 29 and 303 , the director holds office for the term 7
(not longer than 5 years) stated in the instrument of appointment. 8
(4) The director is to be appointed under this Act and not under the 9
Public Service Act 1996. 10
of appointment 11
Conditions
26.(1) The director is appointed on conditions decided by the Governor 12
in Council. 13
(2) The director holds office on the conditions not provided for by this 14
Act that are decided by the Governor in Council. 15
of rights 16
Preservation
27.(1) This section applies if a public service officer is appointed as the 17
director. 18
(2) The person retains and is entitled to all rights that have accrued to the 19
person because of employment as a public service officer, or that would 20
accrue in the future to the person because of that employment, as if service 21
as the director were a continuation of service as a public service officer. 22
(3) At the end of the person's term of office or on resignation-- 23
(a) the person is entitled to be appointed to an office in the public 24
service at a salary level not less than the current salary of an office 25
equivalent to the office the person held before being appointed as 26
the director; and 27
3 Sections 29 (Resignation) and 30 (Termination of appointment)
s 28 16 s 31
Legal Representation Office
(b) the person's service as director is taken to be service of a like 1
nature in the public service for deciding the person's rights as a 2
public service officer. 3
of absence 4
Leave
28. The Minister may grant leave of absence to the director on the 5
conditions the Minister considers appropriate. 6
7
Resignation
29. The director may resign by signed notice given to the Minister. 8
of appointment 9
Termination
30. The Governor in Council may terminate the appointment of the 10
director if the director-- 11
(a) becomes incapable of performing the duties of director because of 12
physical or mental incapacity; or 13
(b) is convicted of an indictable offence; or 14
(c) is guilty of misconduct of a kind that could warrant dismissal 15
from the public service if the director were a public service 16
officer; or 17
(d) is absent, without the Minister's leave and without reasonable 18
excuse, for 14 consecutive days or 28 days in any year. 19
of powers 20
Delegation
31. The director may delegate the office's or director's powers under this 21
or another Act (other than section 17 or 234 of this Act) to an appropriately 22
qualified member of the staff of the office. 23
4 Section 17 (How much is payable by office to an office agent etc.) or 23 (Other
powers)
s 32 17 s 34
Legal Representation Office
director 1
Acting
32. The Governor in Council may appoint a person to act as the 2
director-- 3
(a) during a vacancy in the office of the director; or 4
(b) during any period, or during all periods, when the director is 5
absent from duty or from the State or, for another reason, can not 6
perform the duties of the office. 7
4--Operations of the office 8
Division
of interest 9
Conflicts
33.(1) This section applies if the director has a direct or indirect financial 10
interest in a matter for which an application for legal assistance has been 11
received by the office that conflicts or may conflict with the discharge of the 12
director's duties in relation to the application. 13
(2) The director must disclose the nature of the interest and conflict to the 14
Minister as soon as practicable after the relevant facts come to the director's 15
knowledge. 16
(3) The director must not make any decision in relation to the application 17
or to legal assistance that may be provided in relation to the application. 18
(4) The director must refer the application and all subsequent issues on it 19
to the most senior member of the staff of the office for decision. 20
(5) The member is authorised to make any decision that the director 21
could have made if the director did not have the interest and the member's 22
decision is taken to be the director's decision. 23
may give office directions 24
Minister
34.(1) The Minister may give the office a written direction about the 25
following-- 26
(a) the office performing its functions or exercising its powers; 27
(b) the office's policies, priorities or guidelines, including priorities in 28
legal assistance funding. 29
s 35 18 s 36
Legal Representation Office
(2) A direction under subsection (1) can not be about giving legal 1
assistance to a particular person. 2
(3) The office must comply with a direction given under subsection (1). 3
(4) The Minister must table in the Legislative Assembly a copy of any 4
direction given under subsection (1) within 10 sitting days after the direction 5
is given. 6
PART 4--OTHER PROVISIONS ABOUT THE 7
OFFICE 8
Division 1--Control of the office 9
of office 10
Control
35.(1) The director is to control the staff, activities and property of the 11
office. 12
(2) Subsection (1) does not prevent the attachment of the office to the 13
department for the purpose of ensuring that the office is supplied with the 14
administrative support services it requires to carry out its functions 15
effectively and efficiently. 16
Division 2--Employees 17
18
Employees
36.(l) The office may engage the employees it considers necessary to 19
perform its functions. 20
(2) The employees are to be employed under the Public Service Act 21
1996. 22
s 37 19 s 40
Legal Representation Office
Division 3--Legal practice 1
employment 2
External
37. An office lawyer may practise as a lawyer, or engage in paid 3
employment, other than for the office, only with the director's written 4
approval. 5
provisions of the Legal Practitioners Act 1995 and 6
Particular
Queensland Law Society Act 1952 do not apply to office lawyers 7
38. The Legal Practitioners Act 1995, part 2 and Queensland Law 8
Society Act 1952, sections 10 to 11A and part 35 do not apply to an office 9
lawyer performing the lawyer's duties under this Act. 10
office taken to be solicitors' firm etc. 11
The
39. In providing legal services-- 12
(a) the office is taken to be a firm of solicitors practising lawfully in 13
the State and retained by a legally assisted person to act for the 14
person; and 15
(b) an office lawyer is taken to be employed by the firm. 16
conduct 17
Professional
40.(1) The office, and an office lawyer, in performing the duties of a 18
lawyer under this Act-- 19
5 Legal Practitioners Act 1995, part 2 (Provisions from Costs Act 1867) and
Queensland Law Society Act 1952--
· section 10 (When council may assume control over practitioner's trust
accounts)
· section 11 (Powers of the council with respect to trust accounts of
deceased practitioners etc.)
· section 11A (Appointment of receiver of trust property)
· part 3 (Legal practitioners' fidelity guarantee fund)
s 41 20 s 42
Legal Representation Office
(a) must observe the rules and standards of professional conduct and 1
ethics a private lawyer is required to observe; and 2
(b) is subject to the professional obligations to which a private lawyer 3
is subject, by law or custom, in legal practice. 4
(2) However, an office lawyer who is a barrister may appear before any 5
court, tribunal or investigative agency uninstructed. 6
of legal professional privilege to the office and office 7
Application
lawyers 8
41.(1) This section applies to communications made in or for the 9
performance of the office's following functions-- 10
(a) deciding applications for legal assistance; 11
(b) acting as a lawyer for a legally assisted person; 12
(c) a function incidental to a function mentioned in paragraph (a) or 13
(b). 14
(2) Confidential communications between a legally assisted person and 15
the office or an office lawyer are subject to legal professional privilege. 16
(3) Without limiting subsection (2), the communications may not be 17
disclosed by the office or an office lawyer without the legally assisted 18
person's consent. 19
(4) Subject to this Act, this section has effect despite any other law. 20
(5) In this section-- 21
"confidential communication" includes the giving of a legally assisted 22
person's name, address and contact details. 23
office and its employees' right of practice 24
The
42.(l) This section-- 25
(a) applies for the performance by the office of its functions; and 26
(b) does not affect a right to practise as a barrister or solicitor, or 27
perform a barrister's or solicitor's functions, or a right of 28
s 43 21 s 44
Legal Representation Office
audience in a court, that an office lawyer has apart from this 1
section. 2
(2) An office lawyer acting in that capacity-- 3
(a) may practise as a solicitor and perform a solicitor's functions in 4
the State; and 5
(b) has a right of audience in a court of the State. 6
(3) However, an office lawyer may perform the functions of a lawyer 7
under this Act only if-- 8
(a) the lawyer holds a current practising certificate under the Legal 9
Practitioners Act 1995; or 10
(b) the lawyer's name is on the roll of barristers of the Supreme 11
Court. 12
(4) An office lawyer practising as a solicitor or performing a solicitor's 13
functions has the rights and privileges of a private lawyer who is a solicitor. 14
(5) An office lawyer appearing for a legally assisted person has the same 15
protection and immunity as if the lawyer were a private lawyer who is a 16
barrister. 17
of Queensland Law Society Act 1952 to office lawyers 18
Application
who are solicitors 19
43. The provisions of the Queensland Law Society Act 1952 regulating 20
the way in which complaints against solicitors for malpractice, professional 21
misconduct, or unprofessional conduct or practice may be investigated and 22
dealt with apply to an office lawyer who is a solicitor within the meaning of 23
that Act in the same way as it applies to other solicitors. 24
of laws about conduct to office lawyers who are barristers 25
Application
44. Subject to section 39(b),6 the provisions of any law about the conduct 26
of barristers apply to an office lawyer who is a barrister in the same way as 27
they apply to other barristers. 28
6 Section 39 (The office taken to be solicitors' firm etc.)
s 45 22 s 46
Legal Representation Office
on the record 1
Solicitor
45.(l) This section applies if a person who is receiving legal assistance 2
from an office lawyer is a party to a proceeding for which a document is 3
required or allowed to be signed by the party's solicitor. 4
(2) The signature of an office lawyer authorised by the director to sign 5
documents, including correspondence, for the office for the purposes of this 6
section, is taken to be the signature of the party's solicitor. 7
PART 5--NOTICE BY INVESTIGATIVE AGENCIES 8
OF AVAILABILITY OF ASSISTANCE 9
of availability of assistance by office 10
Notification
46.(l) An investigative agency and its chairperson, officer or other person 11
assisting the agency must, when exercising a power to require a person to 12
participate in an interview or to attend in accordance with a summons or 13
similar process, give the person a written notice stating-- 14
(a) the name and address of the legal representation office; and 15
(b) an outline of the services the office gives; and 16
(c) the office may be able to give legal assistance to the person. 17
(2) The requirements of subsection (1)(a) to (c) are satisfied if the person 18
is given a brochure prepared by the legal representation office for the 19
purpose. 20
(3) Failure by an investigative agency or its chairperson, officer or other 21
person assisting the agency, to comply with subsection (1) is a reasonable 22
and lawful excuse for the person not complying with a requirement to 23
which subsection (1) applies. 24
s 47 23 s 49
Legal Representation Office
ART 6--MISCELLANEOUS 1
P
from liability 2
Protection
47.(l) An office employee does not incur civil liability for an act done, or 3
omission made, honestly and without negligence under this Act. 4
(2) If subsection (1) prevents a civil liability attaching to an office 5
employee, the liability attaches instead to the office. 6
not liable for particular acts or omissions of office agents 7
Office
48. The office is not liable for an act done, or omission made, by an 8
office agent outside the scope of the agent's actual or apparent authority. 9
10
Secrecy
49.(l) This section applies to a person who is or was an office employee 11
under this Act. 12
(2) A person to whom this section applies (the "first person") must not, 13
directly or indirectly, other than for this Act or in accordance with a legally 14
assisted person's instructions give a person, make a record of, or use, 15
information acquired about the legally assisted person's affairs by the first 16
person under this Act. 17
Maximum penalty--50 penalty units or 6 months imprisonment. 18
(3) Also, the first person must not, directly or indirectly, other than for 19
this Act, give a person a document acquired about someone else's affairs 20
under this Act. 21
Maximum penalty--50 penalty units or 6 months imprisonment. 22
(4) In a court proceeding under this Act, the first person is not required to 23
give the court-- 24
(a) a document about someone else's affairs of which the first person 25
has custody, or to which the first person has access, under this 26
Act; or 27
(b) information about someone else's affairs obtained by the first 28
person under this Act. 29
s 50 24 s 50
Legal Representation Office
(5) Subsection (4) does not apply if the court considers it necessary in the 1
interests of justice that the document or information be given. 2
(6) Subsection (2) does not prevent a person from giving a document or 3
information to any of the following-- 4
(a) Bar Association of Queensland; 5
(b) Barristers' Board; 6
(c) Solicitors' Board; 7
(d) Queensland Law Society Incorporated; 8
(e) the solicitors complaints tribunal; 9
(f) under guidelines decided by the office--a person to whom the 10
document or information is required to be given under a lawfully 11
issued search warrant; 12
(g) with the office's consent--another entity to whom the office 13
considers it is in the public interest that the document or 14
information be given. 15
(7) The office may impose the conditions, if any, it considers appropriate 16
on the giving of a document or information under subsection (6). 17
(8) Without limiting subsection (7), the office may impose conditions 18
restricting the use that may be made of the document or information given 19
to protect the anonymity of a legally assisted person, or person who has 20
applied for legal assistance, to whom the document or information relates. 21
(9) A person to whom a document or information is given under 22
subsection (6) must comply with any condition imposed under 23
subsection (7). 24
Maximum penalty for subsection (9)--50 penalty units or 6 months 25
imprisonment. 26
employee's duty to give information 27
Office
50.(l) If the office considers it necessary to enable it to perform its 28
functions under this Act, the office may ask an office employee to give the 29
office any relevant information. 30
s 51 25 s 51
Legal Representation Office
(2) The employee must comply with the request despite any privilege 1
arising between the employee and a legally assisted person. 2
Maximum penalty--20 penalty units. 3
(3) In this section-- 4
"relevant information or document" means information or a document 5
in the employee's possession or to which the employee has access that 6
is relevant to-- 7
(a) providing legal assistance to a person under this Act; or 8
(b) the matter for which a person is or was legally assisted. 9
of misrepresentation 10
Offence
51.(l) A person must not, without reasonable excuse, in applying for 11
legal assistance-- 12
(a) make a false or misleading statement; or 13
(b) give the office a document that is false or misleading in a material 14
particular. 15
Maximum penalty--20 penalty units or 3 months imprisonment. 16
(2) An offence against subsection (1) may be alleged and proved in 17
relation to a statement or document that is `false or misleading', without 18
specifying which. 19
(3) An applicant for legal assistance, or a legally assisted person, must 20
not, with intent to deceive or mislead the office, withhold relevant 21
information the person is required to give the office under this Act. 22
Maximum penalty--20 penalty units or 3 months imprisonment. 23
(4) If a legally assisted person is found guilty of an offence against 24
subsection (1) or (2) in relation to the person's application for legal 25
assistance, the court may, in addition to imposing a penalty for the offence, 26
order the person to pay to the office all or part of the cost of giving the 27
assistance. 28
s 52 26 s 55
Legal Representation Office
under Act 1
Proceedings
52.(l) A proceeding for an offence against this Act is to be taken in a 2
summary way under the Justices Act 1886. 3
(2) The proceeding may be started within-- 4
(a) 1 year after the offence is committed; or 5
(b) 1 year after the offence comes to the complainant's knowledge, 6
but within 2 years after the offence is committed. 7
(3) In a proceeding under this Act, it is not necessary to prove any of the 8
following matters, unless evidence contrary to the matter is given-- 9
(a) the establishment of the office; 10
(b) the authority of an office employee to start, or appear in, the 11
proceeding; 12
(c) the appointment of an office employee. 13
14
Evidence
53. A certificate purporting to be given by the director and stating any of 15
the following matters is evidence of the matter-- 16
(a) the office gave a stated person legal assistance for a stated matter; 17
(b) the office incurred expense of a stated amount in giving the legal 18
assistance; 19
(c) a stated amount was, on the day stated in the certificate, payable 20
by a stated legally assisted person to the office. 21
of forms 22
Approval
54. The director may approve forms for use under this Act. 23
power 24
Regulation-making
55. The Governor in Council may make regulations under this Act. 25
s 56 27 s 56
Legal Representation Office
legal representation office 1
Transitional--Inquiry
56.(1) An arrangement, including a contractual arrangement, entered into 2
by the inquiry legal representation office before the commencement of this 3
section, is taken after the commencement, to be an arrangement entered into 4
by the office. 5
(2) A right, asset or liability of the inquiry legal representation office 6
before the commencement, is taken after the commencement, to be a right, 7
asset or liability of the office. 8
(3) A reference in an Act or document to the inquiry legal representation 9
office may, if the context permits, be taken to be a reference to the office. 10
11
28
Legal Representation Office
CHEDULE 1
¡S
ICTIONARY 2
D
section 3 3
"appropriately qualified" includes having the qualifications, experience or 4
standing appropriate to exercise the power. 5
6
Example of `standing'--
7
The level at which a person is employed within the office.
"approved form" see section 54. 8
"contribution" includes an amount and another form of contribution. 9
"director" means the director of the legal representation office appointed 10
under section 25. 11
"investigation", by an investigative agency, includes interviews, hearings 12
and other investigative processes. 13
"investigative agency" means any of the following entities-- 14
(a) the criminal justice commission; 15
(b) a commission under the Commissions of Inquiry Act 1950 16
declared to be an investigative agency under a regulation; 17
(c) Parliamentary criminal justice commissioner; 18
(d) another entity declared under a regulation to be an investigative 19
agency. 20
"legal assistance" see section 4. 21
"legal representation office" means the Legal Representation Office 22
established under section 18. 23
"legal service" means a service given to protect or advance a legally 24
assisted person's interests in an investigation by an investigative 25
agency. 26
"legally assisted person" see section 5. 27
29
Legal Representation Office
SCHEDULE (continued)
"office" means the legal representation office. 1
"office agent" means an entity with whom the office has entered into an 2
agreement under section 22. 3
"office employee" includes the director. 4
"office lawyer" means an office employee who is a lawyer. 5
"private lawyer" means a lawyer, other than an office lawyer, who may 6
practise lawfully in the State. 7
8
© State of Queensland 1998
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