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LEGAL PRACTITIONERS ACT 1981 - SECT 57

LEGAL PRACTITIONERS ACT 1981 - SECT 57

57—Fidelity Fund

        (1)         The Society must continue to maintain the Legal Practitioners Fidelity Fund (formerly known as the legal practitioners' guarantee fund).

        (2)         The Society may from time to time invest any of the money constituting, or forming part of, the Fidelity Fund in any manner in which trustees are authorised by statute to invest trust funds, and may advance, on such terms and conditions as the Society thinks fit, money from the Fidelity Fund to the statutory interest account.

        (3)         The Fidelity Fund consists of—

            (a)         the money paid into it from the statutory interest account; and

            (b)         all money recovered by the Society under Part 5; and

            (c)         the money credited by the Society to the Fidelity Fund under section 95; and

            (d)         costs recovered by the Attorney-General, the Commissioner or the Society in disciplinary proceedings against legal practitioners, former legal practitioners, Australian-registered foreign lawyers or former Australian-registered foreign lawyers; and

            (da)         any fee paid to the Commissioner; and

            (e)         any money that the Society thinks fit to include in the Fidelity Fund; and

            (f)         the income and accretions arising from the investment of the money constituting the Fidelity Fund.

        (4)         Subject to subsection (5), money in the Fidelity Fund may be applied for any of the following purposes:

            (a)         meeting any expenses incurred by LPEAC or members of LPEAC in exercising functions and powers under this Act;

            (b)         meeting any expenses incurred by the Board of Examiners or members of the Board of Examiners in exercising functions and powers under this Act;

            (c)         meeting any expenses incurred by the Tribunal or members of the Tribunal in exercising functions and powers under this Act;

            (d)         meeting any expenses incurred by the Commissioner in exercising the Commissioner's functions and powers under this Act;

            (e)         the costs incurred by the Society in appointing a legal practitioner to appear in proceedings in which a person seeks admission as a legal practitioner;

            (f)         the costs of investigating complaints under this Act and of disciplinary proceedings under this Act;

            (g)         the costs of conducting an audit or bringing proceedings under Schedule 1;

            (h)         the costs of proceedings instituted by the Commissioner for the adjudication of legal costs;

                  (i)         the costs of prosecutions for offences against this Act;

            (j)         costs consequent on the appointment of a supervisor or manager under this Act;

            (k)         the costs of an investigation or examination under Schedule 2 Part 3;

            (l)         the payment of honoraria, approved by the Attorney-General, to members of LPEAC and the Tribunal;

            (la)         the payment of the salaries and related expenses of the Commissioner and his or her staff;

            (m)         the legal costs payable by any person in relation to any action arising from an honest act or omission in the exercise or purported exercise of powers or functions under Schedule 2 or 4 or by the Commissioner or delegated by the Commissioner;

            (n)         the payment of money towards the costs of an arrangement under Part 3 Division 13 to the extent that those costs are, in accordance with the terms of the scheme and with the approval of the Attorney-General, to be paid from the Fidelity Fund;

            (o)         the costs of processing claims under Part 5 and of paying out those claims to the extent authorised by that Part;

            (p)         defraying any management fee or other expenditure relating to the management or administration of the Fidelity Fund;

            (q)         educational or publishing programs conducted for the benefit of legal practitioners or members of the public.

        (5)         No payment may be made from the Fidelity Fund except with the authorisation of the Attorney-General.

        (6)         The Attorney-General may, before authorising a payment from the Fidelity Fund, require the Society, the Tribunal, the Commissioner or any person engaged in the administration of this Act to provide such information and explanations as to the reason for the proposed payment as the Attorney-General may reasonably require.