South Australian Consolidated Acts

LEGAL PRACTITIONERS ACT 1981

TABLE OF PROVISIONS

           Long Title

   PART 1--Preliminary

   1.      Short title
   5.      Interpretation
   6.      Fusion of the legal profession

   PART 2--The Law Society of South Australia

           Division 1--Establishment and administration of the Society

   7.      Incorporation and powers of Society
   8.      Officers and employees of Society
   9.      Council of Society
   10.     Validation of acts of Council
   11.     Management of Society's affairs
   12.     Minutes of proceedings
   13.     Society's right of audience
   14.     Rules of Society

           Division 2--The Litigation Assistance Fund

   14A.    The Litigation Assistance Fund

           Division 3--Reporting obligations

   14AB.   Certain matters to be reported by Society

   PART 2A--The Legal Practitioners Education and Admission Council and the Board of Examiners

           Division 1--The Legal Practitioners Education and Admission Council

   14B.    Establishment of LPEAC
   14C.    Functions of LPEAC
   14D.    Conditions of membership
   14E.    Procedures of LPEAC
   14F.    Validity of acts and immunity of members
   14G.    Advisory Committees
   14H.    Annual report

           Division 2--The Board of Examiners

   14I.    Establishment of Board of Examiners
   14J.    Functions of Board of Examiners
   14K.    Procedures of Board of Examiners
   14L.    Validity of acts and immunity of members

   PART 3--The practice of the law

           Division 1--Admission and enrolment of legal practitioners

   15.     Entitlement to admission

           Division 2--Practising certificates

   16.     Issue of practising certificate
   17.     Restriction on issue of practising certificates in certain cases
   17A.    Conditions as to training etc
   18.     Term and renewal of practising certificates
   19.     Insurance requirements
   20.     Register of practising certificates
   20AA.   Endorsement of conditions on practising certificates

           Division 3--Entitlement to practise etc

   21.     Entitlement to practise
   22.     Practising while under suspension etc
   23.     Unlawful representation
   23AA.   Employment of disqualified person

           Division 3A--Provisions relating to interstate legal practice

   23A.    Interstate legal practitioners to be officers of Court
   23B.    Limitations or conditions on practice under laws of participating States
   23C.    Additional conditions on practice of interstate legal practitioners
   23D.    Notification of establishment of office required

           Division 4--Provisions regulating legal practice by companies

   24.     Returns by companies
   25.     Companies not to practise in partnership
   27.     Criminal liability of directors
   28.     Joint and several liability
   29.     Alteration to memorandum or articles of association
   30.     Certain provisions of Corporations Act 2001 not to apply

           Division 5--Trust accounts and audit

   30A.    Interpretation
   31.     Disposition of trust money
   32.     Protection to ADIs
   33.     Audit of trust accounts etc
   33A.    Compliance with trust money requirements by firms
   34.     Appointment of inspector
   35.     Obtaining information for purposes of audit or examination
   36.     ADI to report deficiencies in trust account
   37.     Confidentiality
   38.     Regulations

           Division 6--Delivery up of legal papers

   39.     Delivery up of legal papers

           Division 7--Authority of a legal practitioner to act on behalf of a person of unsound mind

   40.     Authority of legal practitioner to act on behalf of person of unsound mind

           Division 8--Recovery of legal costs

   41.     Bill of costs to be delivered
   42.     Costs
   43.     Application of this Division

           Division 9--Appointment of supervisors and managers

   43A.    Interpretation
   44.     Control over trust accounts of legal practitioners
   45.     Appointment of manager
   46.     Appeal against appointment of supervisor or manager
   47.     Application for directions
   48.     Remuneration etc of persons appointed to exercise powers conferred by this Division

           Division 10--Restriction on practice by bankrupts etc

   49.     Supreme Court may grant authority permitting insolvent persons to practise

           Division 11--Right of personal representative etc to carry on legal practice

   50.     Supreme Court may authorise personal representative etc to carry on legal practice

           Division 12--Right of audience

   51.     Right of audience

           Division 13--Professional indemnity insurance scheme

   52.     Professional indemnity insurance scheme
   52AA.   Professional indemnity insurance required by interstate practitioner establishing office in this State
   52AAB.  Professional indemnity insurance where no office established in this State

           Division 14--Miscellaneous

   52A.    Rules of Supreme Court may assign functions or powers

   PART 4--The combined trust account and other related accounts

           Division 1--The combined trust account

   53.     Duty to deposit trust money in combined trust account
   55.     Immunity from liability

           Division 2--The statutory interest account

   56.     Statutory interest account

           Division 3--The legal practitioners' guarantee fund

   57.     Guarantee fund

           Division 4--Miscellaneous

   57A.    Payment of interest accruing on trust accounts
   58.     Accounts and audit
   59.     Power to borrow for purposes of this Part

   PART 5--Claims against guarantee fund

   60.     Claims
   60A.    Personal representative may make claim
   61.     Limitation of claims
   62.     Power to require evidence
   63.     Establishment of validity of claims
   64.     Satisfaction of claims
   65.     Rights of the Society
   66.     Claims by legal practitioners
   67.     Insurance in respect of claims against guarantee fund
   67A.    Annual report

   PART 6--Investigations, inquiries and disciplinary proceedings

           Division 1--The Legal Practitioners Conduct Board

   68.     Establishment of the Legal Practitioners Conduct Board
   69.     Conditions upon which members of the Board hold office
   70.     Quorum etc
   71.     Validity of acts of the Board and immunity of its members
   72.     Director and staff of Board
   73.     Confidentiality
   73A.    Exchange of information between Board and Council

           Division 2--Functions of the Board

              Subdivision 1--Preliminary

   74.     Functions of Board
   75.     Power of delegation

              Subdivision 2--Investigation of unprofessional or unsatisfactory conduct

   76.     Investigations by Board

              Subdivision 3--Action following investigation

   77.     Report on investigation
   77AA.   Board to notify persons of suspected loss
   77AB.   Powers of Board in relation to minor misconduct

              Subdivision 4--Complaints of overcharging

   77A.    Investigation of allegation of overcharging

              Subdivision 5--Conciliation

   77B.    Board may conciliate complaints

           Division 3--The Legal Practitioners Disciplinary Tribunal

   78.     Establishment of Tribunal
   79.     Conditions of membership
   80.     Constitution and proceedings of Tribunal
   81.     Validity of acts of the Tribunal and immunity of its members

           Division 4--Proceedings before the Tribunal

   82.     Inquiries
   83.     Notice of inquiry
   84.     Powers of Tribunal
   84A.    Proceedings to be generally in public
   84B.    Tribunal's proceedings to be privileged
   85.     Costs
   86.     Appeal
   87.     Operation of order may be suspended
   88.     Rules of the Tribunal

           Division 5--Disciplinary proceedings before the Supreme Court

   89.     Proceedings before Supreme Court
   89A.    Court may order interim suspension of legal practitioner or impose interim conditions

           Division 6--Lay observers

   90.     Lay observers

           Division 6A--Provisions relating to interstate legal practice

   90AA.   Conduct of local legal practitioners outside State
   90AB.   Conduct not to be the subject of separate proceedings
   90AC.   Referral or request for investigation of matter to regulatory authority in participating State
   90AD.   Dealing with matter following referral or request by regulatory authority in participating State
   90AE.   Furnishing information
   90AF.   Local legal practitioners are subject to interstate regulatory authorities

           Division 7--Annual reports

   90A.    Annual reports

   PART 7--Public notaries

   91.     Appointment of notaries
   92.     Roll of notaries
   93.     Power of Court to strike off notary's name
   94.     Persons acting as notaries contrary to this Part

   PART 8--Miscellaneous

   95.     Application of certain revenues
   95AA.   Agreements and arrangements with other regulatory authorities
   95A.    Inspection of documents
   95B.    False or misleading information
   95BA.   Mortgage financing
   95C.    Self-incrimination and legal professional privilege
   95D.    Service of notices and documents
   96.     Summary offences
   97.     Regulations
           Legislative history