LEGAL PROFESSION ACT 2007 - SECT 423
Conduct to which this chapter applies—generally
LEGAL PROFESSION ACT 2007 - SECT 423
Conduct to which this chapter applies—generally
423 Conduct to which this chapter applies—generally
(1) Subject to subsection (3) , this chapter applies to conduct of an
Australian legal practitioner happening in this jurisdiction whether before or
after the commencement of this section.
(2) Also, this chapter applies to an
Australian legal practitioner’s conduct happening outside this jurisdiction,
whether or not the conduct was engaged in before or after the commencement of
this section, but only—
(a) if the conduct is part of a course of conduct
that happened partly in this jurisdiction and partly in another jurisdiction,
and either—
(i) the corresponding authority of each other jurisdiction in
which the conduct happened consents to it being dealt with under this Act; or
(ii) the practitioner and, if a complaint is made by a person about the
practitioner, the complainant consent to it being dealt with under this Act;
or
(b) if the conduct happened in Australia but entirely outside this
jurisdiction and the practitioner is a local lawyer or a local legal
practitioner, and either—
(i) the corresponding authority of each
jurisdiction in which the conduct happened consents to it being dealt with
under this Act; or
(ii) the practitioner and, if a complaint is made by a
person about the practitioner, the complainant consent to it being dealt with
under this Act; or
(c) if the conduct happened entirely or partly outside
Australia and the practitioner is a local lawyer or a local legal
practitioner.
(3) This chapter does not apply to conduct happening in this
jurisdiction if—
(a) the commissioner consents to the conduct being dealt
with under a corresponding law; or
(b) the Australian legal practitioner and,
if a complaint is made by a person about the practitioner, the complainant
consent to the conduct being dealt with under a corresponding law.
(4)
Subsection (3) does not apply if the conduct is not capable of being dealt
with under a corresponding law.
(5) The commissioner may give consent for
subsection (3) (a) , and may do so conditionally or unconditionally.
Note—
Conduct before the commencement of this provision, that contravened the
Personal Injuries Proceedings Act 2002, chapter 3 , part 1 , and had not been
dealt with, or finally dealt with, under that Act, may be dealt with under
this Act. See the Personal Injuries Proceedings Act 2002, section 85(Provision for advertising of personal injury services and touting).
