LEGAL PROFESSION ACT 2007 - SECT 538 Provisions relating to requirements under this chapter

LEGAL PROFESSION ACT 2007 - SECT 538

538 Provisions relating to requirements under this chapter

(1) This section applies to a requirement imposed on a person under this chapter to give an external intervener access to documents or information.

(2) The validity of the requirement is not affected, and the person is not excused from compliance with the requirement, on the ground that a law practice or Australian legal practitioner has a lien over a particular document or class of documents.

(3) The external intervener imposing the requirement may—

(a) inspect any document provided under the requirement; and

(b) make copies of the document or any part of the document; and

(c) retain the document for a period the external intervener considers necessary for the purposes of the external intervention in relation to which it was produced.

(4) The person is not subject to any liability, claim or demand only because of compliance with the requirement.

(5) A failure of an Australian lawyer to comply with the requirement is capable of constituting unsatisfactory professional conduct or professional misconduct.

(6) The law society may suspend a local legal practitioner’s practising certificate while a failure by the practitioner to comply with the requirement continues.