Queensland Bills Explanatory Notes Queensland Bills Explanatory Notes[Index] [Search] [Download] [Bill] [Help]
1
Legal Profession Bill 2007
Legal Profession Bill 2007
Explanatory Notes for Amendments to be
moved during consideration in detail by the
Honourable Kerry Shine MP Attorney-General
and Minister for Justice and Minister Assisting
the Premier in Western Queensland
Title of the Bill
Legal Profession Bill 2007
Objectives of the Amendments
The objectives of the amendments are as follows:
· to ensure that the provisions which commence on assent facilitate the
Queensland Law Society and the Bar Association of Queensland
making the necessary rules before commencement;
· to clarify that the requirement to give public notice of the legal
profession rules does not apply to the rules made before
commencement;
· to ensure that the indemnity rules can apply to law practices in the
same way as they do to holders of practising certificates;
· to ensure that barristers can continue to be retained on an honorarium
basis for six months from commencement;
· to amend other enactments as a consequence of the Bill providing for
the Trust Accounts Act 1973 to not apply to solicitors; and
· to provide for changes of a minor or technical nature.
Achievement of the Objectives
The amendments achieve these objectives.
Estimated Cost for Government Implementation
The amendments do not involve any cost to Government
2
Legal Profession Bill 2007
Consistency with Fundamental Legislative Principles
The amendments are consistent with the fundamental legislative principles.
Consultation
The Department of Tourism, Fair Trading and Wine Industry Development
has been consulted on the consequential amendments to the Property
Agents and Motor Dealers Act 2000. The Bar Association of Queensland
and the Queensland Law Society have been consulted on the new
transitional for bassisters costs and the amendment relating to the
indemnity rules, respectively.
Notes on Provisions
Amendment 1 ensures that the provisions which commence on assent
facilitate the Queensland Law Society and the Bar Association of Queensland
making necessary rules before commencement.
Amendment 2 provides that the requirement to give public notice of the
legal profession rules does not apply to the rules made before
commencement. The Bar Association will need to remake its existing rules
approved for the commencement of the Legal Profession Act 2004. The
Queensland Law Society has already consulted under the Legal Profession
Act 2004 on the rules that it intends to make to have effect on
commencement.
Amendments 3 and 4 relate to the indemnity rule. They ensure that the
rule-making powers are sufficiently flexible so they can apply either to the
holder of a practising certificate or a law practice.
Amendment 5 inserts a missing word.
Amendments 6 and 7 ensure that barristers can continue to be retained on
an honorarium basis for six months from commencement.
Amendments 8 and 9 are amendments of a minor drafting nature.
Amendment 10 clarifies that clause 736 does not apply to a law practice
that is a barrister.
3
Legal Profession Bill 2007
Amendment 11 amends the Criminal Code Act 1899 as a consequence of
the Bill, rather than the Trust Accounts Act 1973, applying to the trust
accounts of solicitors.
Amendment 12 amends the Criminal Law (Rehabilitation of Offenders) Act
1986. It amends the reference to being admitted as a legal practitioner. As a
result of changes to terminology in the Bill, persons will be referred to as
being admitted to the legal profession and will be admitted as lawyers.
Amendment 13 amends the Property Agents and Motor Dealers Act 2000
as a consequence of the Bill, rather than the Trust Accounts Act 1973,
applying to the trust accounts of solicitors.
© State of Queensland 2007