LEGAL PRACTITIONERS ACT 1981
Table of Provisions
PART 1--Preliminary
- 1 Short title
- 5 Interpretation
- 5A Terms relating to associates and principals of law practices
- 5B Home jurisdiction
- 6 Fusion of 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 2A--Amendment, suspension or cancellation of practising certificates
- 20AB Application of Division
- 20AC Grounds for amending, suspending or cancelling practising certificate
- 20AD Amending, suspending or cancelling practising certificates
- 20AE Operation of amendment, suspension or cancellation of practising certificate
- 20AF Revocation of amendment, suspension or cancellation of practising certificate
Division 2B--Special powers in relation to practising certificates--show cause events
- 20AG Applicant for practising certificate--show cause event
- 20AH Holder of practising certificate--show cause event
- 20AI Refusal, amendment, suspension or cancellation of practising certificate--failure to show cause
Division 2C--Further provisions relating to practising certificates
- 20AJ Immediate suspension of practising certificate
- 20AK Surrender and cancellation of practising certificate
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 3B--Provisions relating to community legal centres
- 23E Community legal centres
- 23F Obligations and privileges of practitioners who are officers or employees
- 23G Undue influence
- 23H Application of legal profession rules
- 23I Costs
Division 4--Provisions regulating legal practice by corporations
- 24 Application of Schedule 1
Division 4A--Provisions regulating the practise of foreign law
- 24A Application of Schedule 1A
Division 5--Provisions regulating trust money and trust accounts
- 25 Application of Schedule 2
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 or foreign lawyer to act on behalf of person of unsound mind
Division 8--Costs disclosure and adjudication
- 41 Application of Schedule 3
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 if corporation wound up
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 practitioners etc
- 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
- 52B Application to incorporated legal practices
- 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--Legal Practitioners Fidelity 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 Fidelity 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
- 64A Advance payments
- 65 Rights of the Society
- 66 Claims by legal practitioners and incorporated legal practices
- 67 Insurance in respect of claims against Fidelity Fund
- 67A Annual report
PART 6--Investigations, inquiries and disciplinary proceedings
Division 1--Preliminary
- 67B Application of Part
- 68 Unsatisfactory professional conduct
- 69 Professional misconduct
- 70 Conduct capable of constituting unsatisfactory professional conduct or professional misconduct
Division 2--Legal Profession Conduct Commissioner
Subdivision 1--Legal Profession Conduct Commissioner- 71 Legal Profession Conduct Commissioner
- 72 Functions
- 73 Terms and conditions of appointment
- 74 Acting Commissioner
- 75 Honesty and accountability
- 76 Staff of Commissioner
- 77 Delegation
- 77A Exchange of information between Commissioner and Council Subdivision 2--Investigation of unsatisfactory professional conduct and professional misconduct
- 77B Investigations by Commissioner
- 77C Closure of whole or part of complaint
- 77D Notification of complaint to practitioner
- 77E Submissions by legal practitioner
- 77F Exceptions to requirement for notification of complaint Subdivision 3--Action following investigation
- 77G Interpretation
- 77H Report on investigation
- 77I Commissioner to notify persons of suspected loss
- 77J Powers of Commissioner to deal with certain unsatisfactory professional conduct or professional misconduct
- 77K Appeal against determination of Commissioner
- 77L Commissioner must lay charge in certain circumstances
- 77M Commissioner to provide reasons Subdivision 4--Complaints of overcharging
- 77N Investigation of allegation of overcharging Subdivision 5--Conciliation
- 77O Commissioner 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
- 84C Stay of proceedings
- 85 Costs
- 86 Appeal
- 87 Operation of order may be suspended
- 88 Rules of the Tribunal
Division 5--Disciplinary proceedings before the Supreme Court
- 88A Supreme Court's inherent jurisdiction
- 89 Proceedings before Supreme Court
- 89A Court may order interim suspension of legal practitioner or impose interim conditions
Division 6--Publicising disciplinary action
- 89B Definitions
- 89C Register of Disciplinary Action
- 89D Other means of publicising disciplinary action
- 89E Quashing of disciplinary action
- 89F Liability for publicising disciplinary action
- 90 General
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
Division 8--Professional mentoring agreements
PART 7--Appointment of Senior Counsel, Queen's Counsel etc
- 91 Appointment of Senior Counsel
- 92 Appointment of Queen's Counsel etc
- 93 Revocation and resignation of appointments
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
- 95E Wills register
- 96 Summary offences
- 97 Regulations
- 98 Review of operation of Act in relation to barristers