LEGAL PROFESSION ACT 2007 - SCHEDULE 2
LEGAL PROFESSION ACT 2007 - SCHEDULE 2
SCHEDULE 2 – Dictionary
"accounting and other records" , for part 9.11 , see section 753 .
"ADI" means an authorised deposit-taking institution within the meaning of the
Banking Act 1959 (Cwlth) .
"administration rules" see section 231 (4) .
"admission rules" see section 29 .
"admission to the legal profession" means admission by a Supreme Court as—
(a) a lawyer; or
(b) a legal practitioner; or
(c) a barrister; or
(d) a solicitor; or
(e) a barrister and solicitor; or
(f) a solicitor and barrister;under this Act, a previous Act or a corresponding law but does not include the grant of a practising certificate under this Act, a previous Act or a corresponding law.
"affairs" , of a law practice, include the following—
(a) all accounts and records required under a relevant law to be kept by the practice or an associate or former associate of the practice;
(b) other records of the practice or an associate or former associate of the practice;
(c) any transaction—(i) to which the practice or an associate or former associate of the practice was or is a party; or(ii) in which the practice or an associate or former associate of the practice has acted for a party.
"amend" includes—
(a) in relation to a practising certificate—(i) impose a condition on the certificate; and(ii) amend or revoke a condition already imposed on the certificate; and
(b) in relation to registration as a foreign lawyer—(i) amend the lawyer’s registration certificate; and(ii) impose a condition on the registration; and(iii) amend or revoke a condition already imposed on the registration.
"applicant for admission" see section 29 .
"application for admission" see section 29 .
"appointed member" , for the council, see section 685 (2) (a) .
"approved ADI" , for part 3.3 , see section 237 (1) .
"approved form" see section 714 .
"associate" , of a law practice, see section 7 (1) .
"associated person" , for chapter 6A , see section 581A .
"associated third party payer" see section 300 .
"auditor" , of a trustee, for part 9.11 , see section 753 .
"Australia" , for chapter 2 , see section 163 .
"Australian financial services licence" see the Corporations Act , section 761A .
"Australian law" , for chapter 2 , see section 163 .
"Australian lawyer" see section 5 (1) .
"Australian legal practitioner" see section 6 (1) .
"Australian practising certificate" means a local practising certificate or an interstate practising certificate.
"Australian-registered foreign lawyer" means a locally registered foreign lawyer or an interstate-registered foreign lawyer.
"Australian roll" means the local roll or an interstate roll.
"Australian trust account" means a local trust account or an interstate trust account.
"authorised action or document" , for chapter 9 , see section 717 .
"authorised representative" see the Corporations Act , section 761A .
"bar association" means the Bar Association of Queensland (ACN 009 717 739).
"barrister" —
(a) for part 7.3 —see section 620 ; and
(b) for part 7.5 —see section 658 ; and
(c) otherwise means—(i) a local legal practitioner who holds a current local practising certificate to practise as or in the manner of a barrister; or(ii) an interstate legal practitioner who holds a current interstate practising certificate that entitles the practitioner to practise only as or in the manner of a barrister.
"barristers rules" , for chapter 3 , part 3.2 , see section 218 .
"board" means the Legal Practitioners Admissions Board established under the Legal Profession Act 2004 , section 489 , as continued in existence under section 659 .
"Brisbane registrar" means the registrar under the Supreme Court of Queensland Act 1991 for the Brisbane Supreme Court district.
"capping and sufficiency provisions" , for part 3.6 , see section 356 .
"certificate holder" means—
(a) for a current local practising certificate or current interstate practising certificate—the person who is named in the certificate as the person to whom the certificate has been granted or in relation to whom the certificate has been renewed; or
(b) for a practising certificate that is cancelled—the person who was the holder of the certificate when it was current.
"change" includes a modification whether the change is by way of an addition, alteration, omission or substitution.
"chapter 5A investigation" see section 539B (2) .
"chapter 5 body corporate" means a Chapter 5 body corporate under the Corporations Act .
"claim" , for part 3.6 , see section 356 .
"claimant" , for part 3.6 , see section 356 .
"claim farming provision" means each of the following provisions of the Personal Injuries Proceedings Act 2002 —
(a) chapter 2 , part 1 , division 1AA ;
(b) section 9B , 9C or 13A ;
(c) chapter 2 , part 4 ;
(d) chapter 3 , parts 2 and 2A .
"client" —
(a) for part 3.4 , division 7 —see section 334 ; or
(b) otherwise—includes a person to whom or for whom legal services are provided.
"commencement" , for chapter 10 , part 2 , see section 772 .
"commencement day" , for part 9.11 , see section 753 .
"commission" means the Legal Services Commission established under the Legal Profession Act 2004 , section 421 , as continued in existence under section 591 .
"commissioner" means a person holding the appointment of the Legal Services Commissioner.
"commissioner of police" , for part 2.5 , see section 85 .
"committee" means the Legal Practice Committee established under the Legal Profession Act 2004 , section 451 , as continued in existence under section 621 .
"committee member" means a person holding an appointment to the committee under section 622 .
"community legal service" means—
(a) an organisation that—(i) holds itself out as—(A) a community legal service; or(B) a community legal centre; or(C) an Aboriginal and Torres Strait Islander Legal Service; or(D) a family violence prevention legal service; and(ii) is established and operated on a not-for-profit basis; and(iii) provides legal services that—(A) are directed generally to people who are disadvantaged (including being financially disadvantaged) in accessing the legal system or in protecting their legal rights; or(B) are conducted in the public interest; and(iv) satisfies any other criteria prescribed under a regulation; or
(b) an organisation prescribed under a regulation as a community legal service.
"compensation order" see section 464 .
"complaint" means—
(a) for part 4.5 —a complaint made under section 429 other than a complaint under that section about the conduct of an unlawful operator; or
(b) otherwise—a complaint made under section 429 .
"concerted interstate default" , for part 3.6 , see section 356 .
"conditional costs agreement" see section 300 .
"conditions" means conditions, limitations or restrictions.
"conduct" means conduct whether consisting of an act or omission.
"consumer dispute" , for part 4.5 , see section 440 .
"controlled money" , for part 3.3 , see section 237 (1) .
"controlled money account" , for part 3.3 , see section 237 (1) .
"conviction" see section 11 (1) .
"corporation" see section 110 .
"corresponding authority" means—
(a) a person or body having functions or powers under a corresponding law; or
(b) when used in the context of a person or body having functions or powers under this Act (the
"local authority" )—(i) a person or body with corresponding functions or powers under a corresponding law; and(ii) without limiting subparagraph (i) , if the functions or powers of the local authority relate to local lawyers or local legal practitioners generally or are limited to any particular class of local lawyers or local legal practitioners—a person or body having corresponding functions or powers under a corresponding law regardless of whether they relate to interstate lawyers or interstate legal practitioners generally or are limited to any particular class of interstate lawyers or interstate legal practitioners.
"corresponding disciplinary body" means—
(a) a court or tribunal having functions or powers under a corresponding law, that correspond to any of the functions and powers of a disciplinary body under this Act; or
(b) the Supreme Court of another jurisdiction exercising—(i) its inherent jurisdiction or powers in relation to the control and discipline of any Australian lawyers; or(ii) its jurisdiction or powers to make orders under a corresponding law of the other jurisdiction in relation to any Australian lawyers.
"corresponding foreign law" means the following—
(a) a law of a foreign country that corresponds to the relevant provisions of this Act or, if a regulation is made declaring a law of the foreign country to be a law that corresponds to this Act, the law declared under that regulation for the foreign country;
(b) if the term is used in relation to a matter that happened before the commencement of the law of a foreign country that, under paragraph (a) , is the corresponding law for the foreign country, a previous law applying to legal practice in the foreign country.
"corresponding law" means the following—
(a) a law of another jurisdiction that corresponds to the relevant provisions of this Act or, if a regulation is made declaring a law of the other jurisdiction to be a law that corresponds to this Act, the law declared under that regulation for the other jurisdiction;
(b) if the term is used in relation to a matter that happened before the commencement of the law of another jurisdiction that, under paragraph (a) , is the corresponding law for the jurisdiction, a previous law applying to legal practice in the other jurisdiction.
"corresponding provision" , for chapter 9 , see section 717 .
"costs agreement" see section 300 .
"costs application" see section 300 .
"costs assessment" see section 300 .
"costs assessor" see section 300 .
"council" means the council of the law society as mentioned in section 685 .
"council meeting" see section 678 .
"council member" see section 678 .
"decide" includes determine.
"default" , in relation to a law practice, see section 356 .
"defence costs" means costs payable by an insurer in relation to any claim, or notification that may lead to a claim, under the relevant policy of insurance.
"deposit record" , for part 3.3 , see section 237 (1) .
"detailed disclosure threshold amount" , for chapter 3 , part 3.4 , see section 300 .
"director" see section 110 .
"disbursements" see section 300 .
"disciplinary action" see section 471 .
"disciplinary body" means either of the following entities to which the commissioner makes a discipline application—
(a) the tribunal;
(b) the committee, other than the committee exercising advisory functions as mentioned in part 7.3 , division 4 .
"discipline application" see section 452 .
"discipline register" see section 472 .
"disclosure threshold amount" , for chapter 3 , part 3.4 , see section 300 .
"dishonesty" includes fraud.
"disqualified person" means any of the following persons whether the thing that has happened to the person happened before or after the commencement of this definition—
(a) a person whose name has, whether or not at his or her own request, been removed from an Australian roll and who has not subsequently been admitted or re-admitted to the legal profession under this Act, a previous Act or a corresponding law;
(b) a person whose Australian practising certificate has been suspended or cancelled under this Act or a corresponding law and who, because of the cancellation, is not an Australian legal practitioner or in relation to whom that suspension has not finished;
(c) a person who has been refused a renewal of an Australian practising certificate under this Act or a corresponding law, and to whom an Australian practising certificate has not been granted at a later time;
(d) a person who is the subject of an order under this Act or a corresponding law prohibiting a law practice from employing or paying the person in connection with the relevant practice;
(e) a person who is the subject of an order under this Act or a corresponding law prohibiting an Australian legal practitioner from being a partner of the person in a business that includes the practitioner’s practice;
(f) a person who is the subject of an order under section 133 or 158 , or under provisions of a corresponding law that correspond to section 133 or 158 .
"document" means any record of information, and includes—
(a) anything on which there is writing; and
(b) anything on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them; and
(c) anything from which sounds, images or writings can be reproduced with or without the aid of anything else; and
(d) a map, plan, drawing or photograph;and a reference in this Act to a document, as so defined, includes a reference to—
(e) any part of the document; and
(f) any copy, reproduction or duplicate of the document or of any part of the document; and
(g) any part of a copy, reproduction or duplicate mentioned in paragraph (f) .
Example of a document—register
"employee" , of an entity, means a person who is employed or engaged under a contract of service or contract for services in or by the entity whether or not—
(a) the person works full-time, part-time, or on a temporary or casual basis; or
(b) the person is a law clerk or article clerk.
"engaged in government work" , in relation to a government legal officer, see section 12 (2) .
"engage in legal practice" includes practise law.
"external entity" see section 539A .
"external examination" means an external examination under part 3.3 , division 4 , of a law practice’s trust records.
"external examiner" means a person holding an appointment as an external examiner under part 3.3 , division 4 .
"external intervener" see section 494 (1) .
"external intervention" see section 494 (1) .
"fidelity fund" see section 359 .
"financial period" , for a trustee, for part 9.11 , see section 753 .
"financial service" see the Corporations Act , section 766A .
"financial services business" see the Corporations Act , section 761A .
"foreign country" means—
(a) a country other than Australia; or
(b) a state, province or other part of a country other than Australia.
"foreign law" means the following—
(a) for part 2.8 —the law of a foreign country;
(b) otherwise—a law of a foreign country that corresponds to the relevant provisions of this Act, and includes a law of a foreign country that is declared under a regulation to correspond to this Act.
"foreign law practice" , for part 2.8 , see section 163 .
"foreign registration authority" see section 163 .
"foreign regulatory action" means—
(a) removal of a person’s name from a foreign roll for disciplinary reasons; or
(b) suspension or cancellation of, or refusal to renew, a person’s right to engage in legal practice in a foreign country.
"foreign roll" means an official roll of lawyers, whether admitted, practising or otherwise, kept in a foreign country, but does not include a roll prescribed under a regulation for this definition.
"former tribunal" , for chapter 10 , part 2 , see section 772 .
"fund" ...
"general trust account" , for part 3.3 , see section 237 (1) .
"government legal officer" see section 12 (1) .
"grant" , of an interstate practising certificate, includes the issue of an interstate practising certificate.
"happening" includes occurring.
"health assessment report" see section 89 .
"health assessor" see section 88 .
"home jurisdiction" see section 8 .
"ILP audit" see section 541 .
"ILP authority" means—
(a) the commissioner; or
(b) the law society; or
(c) the commissioner and the law society acting jointly under an arrangement made between the commissioner and law society.
"ILP investigator" see section 569 .
"incorporated legal practice" see section 111 .
"indemnity rules" see section 231 (5) .
"information notice" see section 10 .
"in-house legal services" mean legal services provided to a corporation or a related body corporate by a person employed by the corporation concerning a proceeding or transaction to which the corporation or the related body corporate is a party.
"insolvent under administration" means—
(a) a person who is an undischarged bankrupt within the meaning of the Bankruptcy Act 1966 (Cwlth) or the corresponding provisions of the law of a foreign country or external territory; or
(b) a person who has executed a deed of arrangement under the Bankruptcy Act 1966 (Cwlth) , part X , or the corresponding provisions of the law of a foreign country or external territory, if the terms of the deed have not been fully complied with; or
(c) a person whose creditors have accepted a composition under the Bankruptcy Act 1966 (Cwlth) , part X , or the corresponding provisions of the law of a foreign country or external territory, if a final payment has not been made under that composition; or
(d) a person for whom a debt agreement has been made under the Bankruptcy Act 1966 (Cwlth) , part IX , or the corresponding provisions of the law of a foreign country or external territory, if the debt agreement has not ended or has not been terminated; or
(e) a person who has executed a personal insolvency agreement under the Bankruptcy Act 1966 (Cwlth) , part X , or the corresponding provisions of the law of a foreign country or external territory, but not if the agreement has been set aside or terminated or all of the obligations that the agreement created have been discharged.
"interstate lawyer" see section 5 (3) .
"interstate legal practitioner" see section 6 (3) .
"interstate practising certificate" means a current practising certificate granted under a corresponding law.
"interstate-registered foreign lawyer" means a person who is registered as a foreign lawyer under a corresponding law.
"interstate registration" , for part 2.5 , see section 85 .
"interstate roll" means a roll of lawyers kept under a corresponding law.
"interstate trust account" means a trust account kept under a corresponding law.
"investigated entity" , for chapter 6A , see section 581C (1) .
"investigation" see section 541 .
"investigation matter" means—
(a) for chapter 4 —an investigation matter under section 435 other than an investigation matter under that section about the conduct of an unlawful operator; or
(b) otherwise—an investigation matter under section 435 .
"investigator" see section 541 .
"issue" includes grant or renew.
"itemised bill" see section 300 .
"jurisdiction" means a State or Territory of the Commonwealth.
"kept" includes maintained.
"law firm" means a partnership consisting only of—
(a) Australian legal practitioners; or
(b) 1 or more Australian legal practitioners and 1 or more Australian-registered foreign lawyers.
"law practice" means—
(a) an Australian legal practitioner who is a sole practitioner; or
(b) a law firm; or
(c) an incorporated legal practice; or
(d) a multi-disciplinary partnership.
"law practice employee" means an employee of a law practice engaged in the activities associated with the practice, other than an Australian legal practitioner who is an employee of the practice.
"law society" means the Queensland Law Society Incorporated established under the Queensland Law Society Act 1952 , section 4 , and continued in existence under the Legal Profession Act 2004 , section 508 , as continued in existence under section 679 .
"law society approved form" means a form approved under section 714 by the law society.
"lay associate" —
(a) generally—see section 7 (3) ; and
(b) for section 26 —see section 26 (7) .
"lay panel" means the lay panel established under the Legal Profession Act 2004 , section 437 (1) (a) , as continued in existence under section 607 (1) (a) .
"legal costs" ...
"legal practice" , for part 2.5 , see section 85 .
"legal practitioner associate" , of a law practice, see section 7 (2) .
"legal practitioner director" , in relation to an incorporated legal practice, see section 110 .
"legal practitioner partner" , in relation to a multi-disciplinary partnership, see section 110 .
"legal profession rules" see section 218 .
"legal services" means work done, or business transacted, in the ordinary course of legal practice.
"levy" ...
"litigious matter" see section 300 .
"local lawyer" see section 5 (2) .
"local legal practitioner" see section 6 (2) .
"locally registered foreign lawyer" means a person who is registered as a foreign lawyer under this Act.
"local practising certificate" means a practising certificate granted, or another document that is evidence of the renewal of a practising certificate granted, by the law society or by the bar association under this Act.
"local registration" , for part 2.5 , see section 85 .
"local registration certificate" , for part 2.8 , see section 163 .
"local roll" means the roll of persons admitted to the legal profession, under this Act or a previous Act, that is kept under section 37 .
"local trust account" means a trust account kept under this Act.
"lump sum bill" see section 300 .
"made" , for chapter 9 , see section 717 .
"managed investment scheme" has the same meaning as in the Corporations Act , chapter 5C .
"manager" means a person appointed under section 505 as a manager for a law practice.
"mentioned" includes referred to.
"misconduct" , of a law practice employee, means misconduct, whether consisting of an act or omission, by the law practice employee.
"mortgage" means an instrument under which an interest in real property is charged, encumbered or transferred as security for the payment or repayment of money, and includes—
(a) any instrument of a kind that is prescribed under a regulation as a mortgage; and
(b) a proposed mortgage.
"mortgage financing" means facilitating a loan secured or intended to be secured by mortgage by—
(a) acting as an intermediary to match a prospective lender and borrower; or
(b) arranging a loan; or
(c) receiving or dealing with payments under the loan;but does not include providing legal advice, or preparing an instrument, for the loan.
"multi-disciplinary partnership" see section 144 .
"non-associated third party payer" see section 300 .
"obligation" , for chapter 9 , see section 717 .
"officer" see section 110 .
"overseas-registered foreign lawyer" , for part 2.8 , see section 163 .
"panel member" means a person holding an appointment to the lay panel or the practitioner panel under part 7.2 , division 2 .
"part 3.3 investigation" see section 263 (5) .
"pecuniary loss" , in relation to a default, see section 356 .
"permanent form" , for part 3.3 , see section 237 (1) .
"practical legal training" means either, or a combination of both, of the following—
(a) legal training by participation in course work;
(b) legal training under the supervision of an Australian lawyer, whether involving articles of clerkship or otherwise.
"practise foreign law" , for part 2.8 , see section 163 .
"practising certificate" means a practising certificate granted, or another document that is evidence of the granting of a renewal of a practising certificate, under this Act or a corresponding law.
"practitioner panel" means the practitioner panel established under the Legal Profession Act 2004 , section 437 (1) (b) , as continued in existence under section 607 (1) (b) .
"prescribed account" ...
"presidential member" see section 678 .
"previous" , for chapter 9 , see section 717 .
"previous Act" means—
(a) in relation to admission, the following as in force from time to time—(i) the Legal Profession Act 2004 ;(ii) the Legal Practitioners Act 1995 ;(iii) the previous admission rules; or
(b) otherwise—the Legal Profession Act 2004 or Legal Practitioners Act 1995 , as in force from time to time.
"previous admission rules" means rules made for the Supreme Court providing for the admission of barristers and solicitors as in force at any time before 1 July 2004.
Note—See, for example, the following—(a) the repealed Barristers’ Admission Rules 1975 and the rules repealed by those rules;(b) the repealed Solicitors’ Admission Rules 1968 and the rules repealed by those rules.
"previous provision" , for chapter 9 , see section 717 .
"principal" , of a law practice, see section 7 (4) .
"pro bono" means—
(a) done for the public good; and
(b) without charge or at a reduced cost.
"professional misconduct" —
(a) for dealing with a complaint about conduct that happened before 1 July 2004—see chapter 9 ; or
(b) otherwise—see section 419 .
"professional obligations" , of an Australian legal practitioner, see section 110 .
"protection" , for chapter 9 , see section 717 .
"protections" ...
"public authority" see section 300 .
"QCAT Amendment Act" , for chapter 10 , part 2 , see section 772 .
"qualified accountant" means—
(a) a member of CPA Australia Ltd ACN 008 392 452 who is entitled to use the letters ‘CPA’ or ‘FCPA’; or
(b) a member of Chartered Accountants Australia and New Zealand ARBN 084 642 571 who is entitled to use the letters ‘CA’ or ‘FCA’; or
(c) a member of the Institute of Public Accountants Ltd ACN 004 130 643 who is entitled to use the words ‘MIPA’ or ‘FIPA’.
"quashing a conviction" see section 11 (2) .
"receiver" means a person appointed under section 512 as a receiver for a law practice.
"registered" , when used in conjunction with a foreign country, see section 163 .
"registrar" see the Supreme Court of Queensland Act 1991 , schedule 5 .
"registration" , for part 2.5 , see section 85 .
"regulated property" , of a law practice, see section 494 (1) .
"regulatory authority" means—
(a) in relation to this jurisdiction—the law society or the bar association; or
(b) in relation to another jurisdiction—(i) if there is only 1 regulatory authority for the other jurisdiction—that regulatory authority, unless subparagraph (iii) applies; or(ii) if there are separate regulatory authorities for the other jurisdiction for different branches of the legal profession or for persons who practise in a particular style of legal practice—the regulatory authority relevant to the branch or style concerned, unless subparagraph (iii) applies; or(iii) if a regulation states, or provides for deciding, 1 or more regulatory authorities for the other jurisdiction either generally or for particular purposes—the regulatory authority or authorities stated, or decided, under the regulation.
"related body corporate" means—
(a) in relation to a company within the meaning of the Corporations Act —a related body corporate within the meaning of section 50 of that Act; or
(b) in relation to another body corporate prescribed by regulation for this definition—a person prescribed by regulation to be a related body corporate.
"relevant authority" , for part 2.5 , see section 85 .
"relevant jurisdiction" , for part 3.6 , see section 371 .
"relevant law" means—
(a) this Act; or
(b) a previous Act; or
(c) the Queensland Law Society Act 1952 as in force at any time before the commencement of this paragraph; or
(d) the Trust Accounts Act 1973 as in force at any time before the commencement of this paragraph; or
(e) the Personal Injuries Proceedings Act 2002 , chapter 3 , part 1 , as in force at any time before or after the commencement of this paragraph; or
(f) the Personal Injuries Proceedings Act 2002 , section 71 (1) or (2) , 71B or 71G (2) ; or
(g) the Motor Accident Insurance Act 1994 , section 74 (1) or (2) or 75 ; or
(h) the Workers’ Compensation and Rehabilitation Act 2003 , section 325R (1) or (2) or 325T .
"relevant practice" means legal services provided by a law practice.
"relevant regulatory authority" means—
(a) if the person in relation to whom the expression is used practises, or intends to practise, only as a barrister—the bar association; or
(b) otherwise—the law society.
"respondent" , for chapter 4 , see section 421 .
"scale of costs" see section 300 .
"serious offence" means an offence whether committed in or outside this jurisdiction that is—
(a) an indictable offence against a law of the Commonwealth or any jurisdiction, whether or not the offence is or may be dealt with summarily; or
(b) an offence against a law of another jurisdiction that would be an indictable offence against a law of this jurisdiction if committed in this jurisdiction, whether or not the offence could be dealt with summarily if committed in this jurisdiction; or
(c) an offence against a law of a foreign country that would be an indictable offence against a law of the Commonwealth or this jurisdiction if committed in this jurisdiction, whether or not the offence could be dealt with summarily if committed in this jurisdiction.
"show cause event" , in relation to a person, means—
(a) his or her becoming bankrupt or being served with notice of a creditor’s petition presented to the Court under the Bankruptcy Act 1966 (Cwlth) , section 43 ; or
(b) his or her presentation, as a debtor, of a declaration to the Official Receiver under the Bankruptcy Act 1966 (Cwlth) , section 54A , of his or her intention to present a debtor’s petition or his or her presentation, as a debtor, of a petition under section 55 of that Act; or
(c) his or her applying to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounding with his or her creditors or making an assignment of his or her remuneration for their benefit; or
(d) the person being a legal practitioner director of an incorporated legal practice that becomes a chapter 5 body corporate; or
(e) the person being a director of a corporation that becomes a chapter 5 body corporate; or
(f) his or her conviction for a serious offence or a tax offence, whether or not—(i) the offence was committed in or outside this jurisdiction; or(ii) the offence was committed while the person was engaging in legal practice as an Australian legal practitioner or was practising foreign law as an Australian-registered foreign lawyer; or(iii) other persons are prohibited from disclosing the identity of the offender.
"society rules" see section 696 .
"sole practitioner" means an Australian lawyer who engages in legal practice on his or her own account.
"solicitor" —
(a) for part 7.3 —see section 620 ; and
(b) for part 7.5 —see section 658 ; and
(c) otherwise means—(i) a local legal practitioner who holds a current local practising certificate to practise as a solicitor; or(ii) an interstate legal practitioner who holds a current interstate practising certificate that does not restrict the practitioner to engaging in legal practice only as or in the manner of a barrister.
"solicitors complaints tribunal" see the Queensland Law Society Act 1952 , section 3 .
"solicitors rules" , for chapter 3 , part 3.2 , see section 218 .
"sophisticated client" see section 300 .
"special investigator" , for chapter 6A , see section 581A .
"speculative personal injury claim" , for part 3.4 , division 8 , see section 346 .
"staff" , in relation to the office of the commissioner or the commission, see section 592 .
"stated" includes specified.
"subject person" , for part 2.5 , see section 85 .
"suitability matter" , in relation to a natural person, see section 9 .
"suitability report" , for part 2.5 , see section 85 .
"supervised legal practice" means legal practice by a person who is an Australian legal practitioner—
(a) as an employee of a law practice if—(i) at least 1 partner, legal practitioner director or other employee of the law practice is an Australian legal practitioner who holds an unrestricted practising certificate; and(ii) the person engages in legal practice under the supervision of an Australian legal practitioner mentioned in subparagraph (i) ; or
(b) as a partner in a law firm if—(i) at least 1 other partner is an Australian legal practitioner who holds an unrestricted practising certificate; and(ii) the person engages in legal practice under the supervision of an Australian legal practitioner mentioned in subparagraph (i) ; or
(c) in a capacity approved under administration rules.
"supervising entity" , for part 9.11 , see section 753 .
"supervisor" means a person appointed under section 499 as a supervisor of trust money of a law practice.
"Supreme Court" , for part 2.3 , see section 29 .
"tax offence" means an offence under the Taxation Administration Act 1953 (Cwlth) , whether committed in or outside this jurisdiction.
"third party payer" see section 300 .
"this jurisdiction" means this State.
"transit money" , for part 3.3 , see section 237 (1) .
"tribunal" means QCAT.
"tribunal member" ...
"tribunal rules" ...
"tribunal’s principal registrar" means the principal registrar under the QCAT Act .
"trust account" see section 237 (1) .
"trust account investigation" ...
"Trust Accounts Act" , for part 9.11 , see section 753 .
"trustee" , for part 9.11 , see section 753 .
"trust money" , other than trust moneys, see section 237 (1) .
"trust moneys" , for part 9.11 , see section 753 .
"trust property" means property entrusted to a law practice in the course of or in connection with the provision of legal services by the practice, but does not include trust money or money mentioned in section 238 .
"trust records" see section 237 (1) .
"unamended Act" , for chapter 10 , part 2 , see section 772 .
"Uniform Civil Procedure Rules" see the Supreme Court of Queensland Act 1991 , section 85 (4) .
"unlawful operator" means—
(a) a person who engages in legal practice in this jurisdiction even though the person must not do so under section 24 ; or
(b) a person who represents or advertises that the person is entitled to engage in legal practice even though the person must not do so under section 25 .
"unrestricted practising certificate" means an Australian practising certificate that is not subject to any condition under this Act or a corresponding law requiring the holder to engage in supervised legal practice or restricting the holder to practise as or in the manner of a barrister.
"unsatisfactory professional conduct" —
(a) for dealing with a complaint about conduct that happened before 1 July 2004—see chapter 9 ; or
(b) otherwise—see section 418 .
"uplift fee" see section 300 .