LEGAL PROFESSION ACT 2007 - SECT 74
Requirement for interstate practising certificate and professional indemnity insurance
LEGAL PROFESSION ACT 2007 - SECT 74
Requirement for interstate practising certificate and professional indemnity insurance
74 Requirement for interstate practising certificate and professional
indemnity insurance
(1) An interstate legal practitioner must not engage in legal practice in this
jurisdiction, or represent or advertise that the practitioner is entitled to
engage in legal practice in this jurisdiction, unless the practitioner—
(a)
is covered by professional indemnity insurance that—
(i) covers legal
practice in this jurisdiction; and
(ii) has been approved under, or complies
with the requirements of, the corresponding law of the practitioner’s home
jurisdiction; and
(iii) is for at least $1.5m inclusive of defence costs
unless, without affecting subparagraph (i) or (ii) , the practitioner engages
in legal practice solely as or in the manner of a barrister; or
(b) is
employed by a corporation, other than an incorporated legal practice, and the
only legal services provided by the practitioner in this jurisdiction are
in-house legal services.
Penalty—
Maximum penalty—300 penalty units
or 2 years imprisonment.
(2) A regulation may require an interstate legal
practitioner to disclose information about professional indemnity insurance to
clients or prospective clients.
(3) This section does not apply to an
interstate legal practitioner who—
(a) is a government legal officer; and
(b) is engaged in legal practice in this jurisdiction only to the extent that
the practitioner is engaging in government work; and
(c) has an indemnity or
immunity, whether provided by law or governmental policy, that is applicable
in relation to that practice.