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1
Legal Profession Bill 2003
LEGAL PROFESSION BILL 2003
EXPLANATORY NOTES
FOR
AMENDMENTS TO BE MOVED IN COMMITTEE
BY THE HONOURABLE THE ATTORNEY-GENERAL
AND MINISTER FOR JUSTICE
General Outline
Title of Bill
Legal Profession Bill 2003
Objectives of the Legislation
A number of amendments are proposed to the Bill to ensure that:
· any Australian lawyer has a right to complain about the conduct
of a government legal officer where the Bill currently restricts
that right to regulatory authorities and the chief executive of the
relevant department or agency.
· there is a requirement for the Legal Services Commissioner to
make an annual report for tabling in the Legislative Assembly;
· various regulatory entities can share information for the purpose
of the exercise of their functions.
There are also some minor technical amendments to the Coroners Act
2003 and the Cremations Act 2003. Some amendments are for changed
cross references to sections in the Magistrates Act 1991 following
renumbering as a result of the Magistrates Amendment Act 2003. The
amendments also omit the "de facto partner" and "spouse" definitions
because the issue is now addressed in the Acts Interpretation Act 1954, as
amended by the Discrimination Law Amendment Act 2002.
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Legal Profession Bill 2003
Achievement of objectives
These objectives are achieved by:
· amending clause 173 of the Bill to ensure that Australian lawyers
have a right to complain about the conduct of a government legal
officer;
· requiring the Legal Services Commissioner to make an annual
report for tabling in the Legislative Assembly;
· allowing the board, law society, bar association or the
commissioner to exchange information for the purposes of their
functions under a relevant law;
· ensuring that the offence of improper disclosure of information
extends to information obtained in the administration of the Act
rather than just information under chapter 3;
· omitting of interpretive provisions relating to de facto partners
and spouses from the Coroners Act 2003;
· making amendments of a minor, technical or drafting nature.
Alternatives to the Bill
There are no alternative ways of achieving the policy objectives.
Administrative cost to Government of implementation
There should not be any cost to government associated with the
implementation of the amendments.
Consistency with Fundamental Legislative Principles
Retrospective operation (Legislative Standards Act 1992, s4(3)(g))
Amendment 1 provides for amendment 14 to commence on 30
November 2003. If the Bill is not assented by that date, it will have
retrospective operation. This is justified by the fact that the amendment is
only to ensure that an unnecessary provision is omitted and cross
references to other legislation are correct from the commencement of the
Coroners Act 2003 on 1 December 2003.
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Legal Profession Bill 2003
Immunity from proceeding or prosecution without adequate
justification (Legislative Standards Act 1992, s4(3)(h))
Clause 376C relocates previous clause 229. It provides that no liability
attaches to various persons with regulatory responsibilities under the Act
for acts or omissions made honestly and without negligence. As advised in
the explanatory notes for the Bill, it is based on the draft national model
laws for the regulation of the legal profession being developed through the
Standing Committee of Attorneys-General, is of limited effect and is
necessary for the administration of the Act.
Consultation
Given the subject matter and technical nature, these amendments have
not warranted additional consultation.
NOTES ON PROVISIONS
Amendment 1 amends clause 2 of the Bill to provide for the amendments
to the Coroners Act 2003 and the Cremations Act 2003 included in these
committee amendments to commence on 30 November 2003.
Amendment 2 is of a technical drafting nature.
Amendment 3 amends clause 173 of the Bill to ensure that Australian
lawyers have a right to complain about the conduct of a government legal
officer.
Amendment 4 is a cross reference change consequential upon
amendments 6 and 13.
Amendment 5 requires the Legal Services Commissioner to make an
annual report for tabling in the Legislative Assembly;
Amendment 6 omits clause 228 which is replaced by new clause 376B
under amendment 13.
Amendment 7 omits clause 229 which is replaced by new clause 376C
under amendment 13.
Amendments 8 to 11 are of a technical drafting nature.
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Legal Profession Bill 2003
Amendment 12 ensures that the restrictions on disclosure of information
in suitability reports do not apply to information given to or obtained by an
admissions board or regulatory authority other than as part of a suitability
report.
Amendment 13 inserts the new clauses 376A to 376C. New clause 376A
allows the board, law society, bar association or the commissioner to
disclose information to one another for the purposes of their functions
under a relevant law. New Clause 376B which replaces clause 228 extends
the offence of improper disclosure of information to information obtained
in the administration of the Act rather than just information under chapter
3. Clause 376C is previous clause 229 relocated.
Amendment 14 inserts some minor technical amendments to the
Coroners Act 2003 and the Cremations Act 2003. Some amendments are
for changed cross references to provisions in the Magistrates Act 1991
following amendments in the Magistrates Amendment Act 2003. Other
amendments are consequential upon the commencement of the "de facto
partner" definition in the Acts Interpretation Act 1954, as inserted by the
Discrimination Law Amendment Act 2002.
Amendment 15 corrects a reference.
© State of Queensland 2003