Victorian Bills Victorian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Legal Profession Amendment (Education) Bill 2007
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purpose 1
2 Commencement 2
3 Principal Act 2
PART 2--EDUCATION AND ADMISSION AMENDMENTS 3
4 Eligibility and suitability for admission 3
5 Admission rules 4
6 New section 2.5.1 substituted 5
2.5.1 Purpose 5
7 Health assessments 6
8 New section 2.5.10 inserted 9
2.5.10 Confidentiality of health assessment reports to the Board
of Examiners 9
9 Composition of Council of Legal Education 10
10 New section 6.5.1A inserted 11
6.5.1A Members representing Victorian tertiary institutions 11
11 Council meetings 12
12 New sections 6.5.5 and 6.5.6 substituted 13
6.5.5 Deputy for Chief Justice 13
6.5.6 Consultants 13
13 Further Council of Legal Education amendments 13
14 Board of Examiners 14
15 New section 6.5.15 substituted 16
6.5.15 Special hearings 16
16 Deputy members 17
17 New section 6.5.17 substituted and 6.5.17A inserted 17
6.5.17 Consultants 17
6.5.17A Delegation 17
18 New Division 3 inserted in Part 6.5 17
Division 3--General provisions 17
6.5.19 Staff 17
561062B.I-18/7/2007 i BILL LA INTRODUCTION 18/7/2007
Clause Page
PART 3--OTHER AMENDMENTS 18
19 Definitions 18
20 New section 2.4.42 inserted 18
2.4.42 Show cause procedure for removal of lawyer's name
from local roll following cancellation of interstate
practising certificate or guilty finding 18
21 Suitability reports 19
22 Legal profession rules 19
23 Disclosure of costs to clients 20
24 Civil complaints 21
25 New section 4.3.5A inserted 22
4.3.5A Settlement agreements 22
26 New Part 13 inserted in Schedule 2 23
PART 13--LEGAL PROFESSION AMENDMENT
(EDUCATION) ACT 2007 23
13.1 Council of Legal Education 23
13.2 Board of Examiners 23
13.3 Health assessments 24
27 Statute law revision 24
PART 4--REPEAL OF AMENDING ACT 25
28 Repeal of Act 25
ENDNOTES 26
561062B.I-18/7/2007 ii BILL LA INTRODUCTION 18/7/2007
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Legal Profession Amendment
(Education) Bill 2007
A Bill for an Act to amend the Legal Profession Act 2004 with
respect to the educational and other requirements for admission to the
legal profession and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purpose
The purpose of this Act is to amend the Legal
Profession Act 2004--
5 (a) with respect to the educational and other
requirements for admission to the legal
profession; and
(b) to make miscellaneous amendments.
561062B.I-18/7/2007 1 BILL LA INTRODUCTION 18/7/2007
Legal Profession Amendment (Education) Bill 2007
Part 1--Preliminary
s. 2
2 Commencement
(1) This Act (except Part 2) comes into operation on
the day after the day on which it receives the
Royal Assent.
5 (2) Part 2 comes into operation on 1 July 2008.
3 Principal Act
See: In this Act, the Legal Profession Act 2004 is
Act No.
99/2004. called the Principal Act.
Reprint No. 1
as at
12 December
2005
and
amending
Act Nos
97/2005,
14/2006,
29/2006,
75/2006,
79/2006,
80/2006 and
12/2007.
LawToday:
www.
legislation.
vic.gov.au
__________________
561062B.I-18/7/2007 2 BILL LA INTRODUCTION 18/7/2007
Legal Profession Amendment (Education) Bill 2007
Part 2--Education and Admission Amendments
s. 4
PART 2--EDUCATION AND ADMISSION AMENDMENTS
4 Eligibility and suitability for admission
(1) After section 2.3.2(1) of the Principal Act
insert--
5 "(1A) The Council may require a person who seeks
admission to the legal profession on the basis
of having attained academic qualifications or
completed practical legal training
requirements outside Australia to pay the
10 reasonable costs of the Council in assessing
the person's qualifications or practical legal
training.".
(2) After section 2.3.3(1)(a) of the Principal Act
insert--
15 "(ab) whether the person is or has been the subject
of disciplinary action, however described,
arising out of the person's conduct in--
(i) attaining approved academic
qualifications or corresponding
20 academic qualifications; or
(ii) completing approved practical legal
training requirements or corresponding
practical legal training requirements;
and".
25 (3) After section 2.3.3(2) of the Principal Act
insert--
"(3) An education or training body must, at the
written request of the Board of Examiners,
produce for inspection or copying by the
30 Board of Examiners any documents held by
the body that are relevant to the Board of
Examiners' consideration of a matter referred
to in subsection (1)(ab).
561062B.I-18/7/2007 3 BILL LA INTRODUCTION 18/7/2007
Legal Profession Amendment (Education) Bill 2007
Part 2--Education and Admission Amendments
s. 5
(4) Subsection (3) does not apply unless the
person to whom the document relates pays
the reasonable costs of the education or
training body in complying with the request.
5 (5) In this section--
approved academic qualifications,
corresponding academic
qualifications, approved practical legal
training requirements and
10 corresponding practical legal training
requirements have the same meanings
as in section 2.3.2;
education or training body means a person
or body that provides a course or other
15 service for the purposes of allowing a
person to--
(i) attain approved academic
qualifications or corresponding
academic qualifications; or
20 (ii) complete approved practical legal
training requirements or
corresponding practical legal
training requirements.".
5 Admission rules
25 (1) In section 2.3.12(1) of the Principal Act--
(a) in paragraph (b), for "profession." substitute
"profession;";
(b) after paragraph (b) insert--
"(c) procedural requirements for applying
30 for admission to the legal profession.".
561062B.I-18/7/2007 4 BILL LA INTRODUCTION 18/7/2007
Legal Profession Amendment (Education) Bill 2007
Part 2--Education and Admission Amendments
s. 6
(2) After section 2.3.12(2) of the Principal Act
insert--
"(2A) The admission rules may require an
applicant for admission to give the Board of
5 Examiners, or consent to the Board of
Examiners obtaining, a report on the
applicant's criminal record (if any) from--
(a) the Chief Commissioner of Police; or
(b) the police force, however described, of
10 any place outside Victoria where the
applicant attained academic
qualifications, undertook practical legal
training or engaged in legal practice.".
6 New section 2.5.1 substituted
15 For section 2.5.1 of the Principal Act substitute--
"2.5.1 Purpose
The purpose of this Part is--
(a) to provide for--
(i) criminal record checks of
20 applicants for the grant or renewal
of practising certificates; and
(ii) health assessments of applicants
for and holders of local practising
certificates and reports on those
25 assessments--
to assist the Board in determining
whether the applicant or holder is a fit
and proper person to engage in legal
practice in this jurisdiction; and
30 (b) to provide for health assessments of
applicants for admission to the legal
profession under this Act and reports on
those assessments to assist the Board of
Examiners in deciding whether to
561062B.I-18/7/2007 5 BILL LA INTRODUCTION 18/7/2007
Legal Profession Amendment (Education) Bill 2007
Part 2--Education and Admission Amendments
s. 7
recommend that the applicant is a fit
and proper person to be admitted to the
legal profession.".
7 Health assessments
5 (1) In section 2.5.2 of the Principal Act--
(a) insert the following definition--
"appropriate authority, in relation to a
health assessment and health
assessment report, means--
10 (a) the Board, in the case of an
assessment and report in relation
to--
(i) an applicant for the grant or
renewal of a local practising
15 certificate; or
(ii) a local legal practitioner; or
(b) the Board of Examiners, in the
case of an assessment and report
in relation to an applicant for
20 admission to the legal profession
under this Act;";
(b) in the definition of health assessor, after
"Board" insert "or the Board of Examiners";
(c) in the definition of subject person, for
25 paragraph (b) substitute--
"(b) in relation to a health assessment and
health assessment report required or to
be required by the Board--
(i) an applicant for the grant or
30 renewal of a local practising
certificate; or
(ii) a local legal practitioner;
561062B.I-18/7/2007 6 BILL LA INTRODUCTION 18/7/2007
Legal Profession Amendment (Education) Bill 2007
Part 2--Education and Admission Amendments
s. 7
(c) in relation to a health assessment and
health assessment report required or to
be required by the Board of
Examiners--an applicant for admission
5 to the legal profession under this Act;".
(2) For section 2.5.4(1) of the Principal Act
substitute--
"(1) This section applies if--
(a) the Board believes on reasonable
10 grounds that a subject person may have
a mental impairment that may result in
him or her not being a fit and proper
person to engage in legal practice in
this jurisdiction; or
15 (b) the Board of Examiners believes on
reasonable grounds that a subject
person may have a mental impairment
that may result in him or her not being
a fit and proper person to be admitted to
20 the legal profession under this Act.".
(3) In the Principal Act--
(a) in section 2.5.4(2), (3) and (5), for "Board"
(wherever occurring) substitute "appropriate
authority";
25 (b) in section 2.5.5(1), for "Board" substitute
"appropriate authority";
(c) in section 2.5.5(3)--
(i) for "Board" (wherever occurring)
substitute "appropriate authority";
30 (ii) for "Board's" substitute "appropriate
authority's";
(iii) after "including" insert ", in the case of
the Board,";
561062B.I-18/7/2007 7 BILL LA INTRODUCTION 18/7/2007
Legal Profession Amendment (Education) Bill 2007
Part 2--Education and Admission Amendments
s. 7
(d) in section 2.5.5(4), for "Board" substitute
"appropriate authority";
(e) in section 2.5.6--
(i) in subsection (2)(a), after "legal
5 practice" insert "or to be admitted to
the legal profession (as the case
requires)";
(ii) in subsection (2)(b), before "if the
health assessor" insert "in the case of a
10 health assessment required by the
Board,";
(iii) in subsection (3), for "Board"
substitute "appropriate authority";
(f) in section 2.5.7, after "report" insert
15 ", whether required by the Board or by the
Board of Examiners".
(4) For section 2.5.8(2) of the Principal Act
substitute--
"(2) Subsection (1) does not apply in relation to a
20 proceeding--
(a) on a review or appeal by the subject
person against a decision of the Board,
or of a corresponding authority in
another jurisdiction--
25 (i) refusing to grant or renew a
practising certificate; or
(ii) imposing conditions on a
practising certificate; or
(iii) amending, suspending or
30 cancelling a practising certificate;
or
561062B.I-18/7/2007 8 BILL LA INTRODUCTION 18/7/2007
Legal Profession Amendment (Education) Bill 2007
Part 2--Education and Admission Amendments
s. 8
(b) on an appeal under section 2.3.11
against a decision of the Board of
Examiners with respect to the subject
person's application for admission to
5 the legal profession.".
(5) For the heading to section 2.5.9 of the Principal
Act substitute--
"Confidentiality of suitability reports to the
Board".
10 8 New section 2.5.10 inserted
After section 2.5.9 of the Principal Act insert--
"2.5.10 Confidentiality of health assessment
reports to the Board of Examiners
(1) A member, member of staff or agent of the
15 Board of Examiners must not, directly or
indirectly, disclose to anyone else a health
assessment report or information in a health
assessment report, given to the Board of
Examiners.
20 Penalty: 60 penalty units.
(2) A member, member of staff or agent of the
Board of Examiners does not contravene
subsection (1) if--
(a) disclosure of the report or information
25 in it to someone else is authorised by
the Board of Examiners to the extent
necessary to perform a function under
this Act in relation to an application for
admission to the legal profession under
30 this Act; or
(b) the disclosure is made with the consent
of the person to whom it relates; or
(c) the disclosure is otherwise required or
permitted by law.".
561062B.I-18/7/2007 9 BILL LA INTRODUCTION 18/7/2007
Legal Profession Amendment (Education) Bill 2007
Part 2--Education and Admission Amendments
s. 9
9 Composition of Council of Legal Education
For section 6.5.1(2) and (3) of the Principal Act
substitute--
"(2) The Council consists of--
5 (a) the Chief Justice;
(b) the Chairperson of the Board;
(c) 3 Judges of the Supreme Court
nominated by the Chief Justice;
(d) 2 persons nominated by the Victorian
10 Bar;
(e) 3 persons nominated by the Law
Institute, one of whom must be a
country legal practitioner;
(f) 2 persons nominated by the
15 Attorney-General who have experience
in the provision of legal education;
(g) 3 persons representing Victorian
tertiary institutions nominated in
accordance with section 6.5.1A.
20 (3) The members (other than those referred to in
subsection (2)(a) and (b)) are to be appointed
by the Governor in Council.
(4) The term of office of a nominated member
is--
25 (a) 3 years in the case of a member referred
to in subsection (2)(c), (d), (e) or (f);
(b) 2 years in the case of a member referred
to in subsection (2)(g)--
and members are eligible for reappointment.
561062B.I-18/7/2007 10 BILL LA INTRODUCTION 18/7/2007
Legal Profession Amendment (Education) Bill 2007
Part 2--Education and Admission Amendments
s. 10
(5) In this section--
country legal practitioner means a local
legal practitioner who is a country legal
practitioner within the meaning of the
5 constitution of the Law Institute.".
10 New section 6.5.1A inserted
After section 6.5.1 of the Principal Act insert--
"6.5.1A Members representing Victorian tertiary
institutions
10 (1) The persons referred to in section 6.5.1(2)(g)
are to be nominated as follows--
(a) for the purpose of the first nomination
of those persons, the governing body of
each group 1 institution is to nominate
15 one person;
(b) for the purpose of the second
nomination of those persons, the
governing body of each group 2
institution is to nominate one person;
20 (c) for the purpose of subsequent
nominations of those persons, the
nominations are to alternate between
the governing bodies of each group of
institutions, as described in paragraphs
25 (a) and (b), beginning with the group 1
institutions.
(2) Despite subsection (1), if a person referred to
in section 6.5.1(2)(g) ceases to be a member
of the Council before the expiry of his or her
30 term of office under section 6.5.1(4)(b), the
governing body of the institution that
nominated that person is to nominate another
person to be appointed by the Governor in
Council for the remainder of that term.
561062B.I-18/7/2007 11 BILL LA INTRODUCTION 18/7/2007
Legal Profession Amendment (Education) Bill 2007
Part 2--Education and Admission Amendments
s. 11
(3) In this section--
group 1 institution means--
(a) La Trobe University;
(b) Royal Melbourne Institute of
5 Technology;
(c) the University of Melbourne;
group 2 institution means--
(a) Deakin University;
(b) Monash University;
10 (c) Victoria University.".
11 Council meetings
(1) In section 6.5.4 of the Principal Act--
(a) in subsection (1), for "Chief Justice of the
Supreme Court" substitute "Chief Justice or
15 his or her deputy";
(b) in subsection (2), for "Chief Justice is absent,
the next most senior Judge" substitute
"Chief Justice or his or her deputy is absent,
the most senior Judge";
20 (c) in subsection (3), for "7" substitute "5".
(2) After section 6.5.4(6) of the Principal Act
insert--
"(6A) At any time when the members of the
Council do not include the nominee of a
25 group 1 institution (within the meaning of
section 6.5.1A), the Council must ensure that
copies of minutes of its meetings and any
other papers relevant to those meetings are
provided to each group 1 institution.
30 (6B) At any time when the members of the
Council do not include the nominee of a
group 2 institution (within the meaning of
561062B.I-18/7/2007 12 BILL LA INTRODUCTION 18/7/2007
Legal Profession Amendment (Education) Bill 2007
Part 2--Education and Admission Amendments
s. 12
section 6.5.1A), the Council must ensure that
copies of minutes of its meetings and any
other papers relevant to those meetings are
provided to each group 2 institution.".
5 12 New sections 6.5.5 and 6.5.6 substituted
For sections 6.5.5 and 6.5.6 of the Principal Act
substitute--
"6.5.5 Deputy for Chief Justice
(1) The Chief Justice may appoint a person to be
10 his or her deputy as a member of the
Council.
(2) A deputy appointed under subsection (1)
may, in the absence of the Chief Justice,
attend a meeting of the Council in his or her
15 place and perform any function at that
meeting that the Chief Justice could have
performed.
6.5.6 Consultants
The Council may engage any consultants
20 required for the purposes of carrying out its
functions.".
13 Further Council of Legal Education amendments
(1) After section 6.5.7(2) of the Principal Act
insert--
25 "(3) A committee of the Council referred to in
subsection (1) may include persons who are
not members of the Council but who, in the
Council's opinion, have experience in the
provision of legal education or training
30 making them suitable persons to be
appointed to a committee of the Council.".
(2) In section 6.5.8(b) of the Principal Act omit
"or deputy member".
561062B.I-18/7/2007 13 BILL LA INTRODUCTION 18/7/2007
Legal Profession Amendment (Education) Bill 2007
Part 2--Education and Admission Amendments
s. 14
14 Board of Examiners
(1) For section 6.5.9(2), (3) and (4) of the Principal
Act substitute--
"(2) The Board of Examiners consists of the
5 following persons appointed by the Governor
in Council--
(a) a chairperson, being a former judge of a
superior court who is--
(i) suitable for appointment; and
10 (ii) nominated by the Chief Justice;
(b) 6 local legal practitioners who are--
(i) suitable for appointment; and
(ii) nominated by the Council after
consultation with each
15 professional association and the
Board.
(3) A person is suitable for appointment to the
Board of Examiners only if he or she--
(a) is qualified to undertake individual
20 assessments of an applicant's eligibility
and suitability to be admitted to the
legal profession; and
(b) is sufficiently objective to perform the
function referred to in paragraph (a) in
25 an appropriate manner; and
(c) has sufficient time to perform the
functions of member.
(4) The appointment of a person as chairperson
does not affect any pension or other rights
30 and privileges the person has as a former
judge.
561062B.I-18/7/2007 14 BILL LA INTRODUCTION 18/7/2007
Legal Profession Amendment (Education) Bill 2007
Part 2--Education and Admission Amendments
s. 14
(5) The term of office of a member of the Board
of Examiners is 3 years and members are
eligible for reappointment.
(6) In this section--
5 superior court means--
(a) the High Court; or
(b) the Federal Court; or
(c) the Supreme Court of a State or
Territory; or
10 (d) the County Court or a court of
another State or Territory of
equivalent status to the County
Court.".
(2) In the Principal Act--
15 (a) in section 6.5.11(2), for "nominated
member" substitute "member";
(b) in section 6.5.12--
(i) in subsection (1), for "nominated
member" substitute "member (other
20 than the chairperson)";
(ii) in subsection (2), for "Council may at
any time remove a nominated member
from office on the ground that he or
she" substitute "Governor in Council
25 may at any time remove a member
(other than the chairperson) from office
on the ground that the member";
(iii) in subsection (2)(a) omit ", in the
opinion of the Council,".
561062B.I-18/7/2007 15 BILL LA INTRODUCTION 18/7/2007
Legal Profession Amendment (Education) Bill 2007
Part 2--Education and Admission Amendments
s. 15
(3) After section 6.5.12(2) of the Principal Act
insert--
"(3) The chairperson may resign his or her office
in writing delivered to the Governor in
5 Council.".
(4) In the Principal Act--
(a) section 6.5.13 is repealed;
(b) in section 6.5.14(3), after "quorum" insert
"for a meeting".
10 15 New section 6.5.15 substituted
For section 6.5.15 of the Principal Act
substitute--
"6.5.15 Special hearings
(1) The Board of Examiners may hold a special
15 hearing into an applicant for admission to the
legal profession if the Board of Examiners
becomes aware of anything that may affect
his or her eligibility or suitability for
admission to the legal profession.
20 (2) Subsection (1) applies whether or not the
matter was disclosed to the Board of
Examiners by the applicant.
(3) The decision to hold a special hearing is to
be made by the chairperson of the Board of
25 Examiners.
(4) The quorum for a special hearing is
3 members.
(5) The Board of Examiners may regulate the
procedure for a special hearing.".
561062B.I-18/7/2007 16 BILL LA INTRODUCTION 18/7/2007
Legal Profession Amendment (Education) Bill 2007
Part 2--Education and Admission Amendments
s. 16
16 Deputy members
For the heading to section 6.5.16 of the Principal
Act substitute--
"Deputy members".
5 17 New section 6.5.17 substituted and 6.5.17A inserted
For section 6.5.17 of the Principal Act
substitute--
"6.5.17 Consultants
The Board of Examiners may engage any
10 consultants required for the purposes of
carrying out its functions.
6.5.17A Delegation
The Board of Examiners, by instrument, may
delegate to the members of a committee of
15 the Board of Examiners any function of the
Board of Examiners other than this power of
delegation.".
18 New Division 3 inserted in Part 6.5
After Division 2 of Part 6.5 of the Principal Act
20 insert--
"Division 3--General provisions
6.5.19 Staff
Any employees that are necessary for the
purposes of the Council or the Board of
25 Examiners are to be employed under Part 3
of the Public Administration Act 2004.".
__________________
561062B.I-18/7/2007 17 BILL LA INTRODUCTION 18/7/2007
Legal Profession Amendment (Education) Bill 2007
Part 3--Other Amendments
s. 19
PART 3--OTHER AMENDMENTS
19 Definitions
In the Principal Act--
(a) in section 1.2.1(1) insert the following
5 definition--
"GST has the same meaning as in the A New
Tax System (Goods and Services Tax)
Act 1999 of the Commonwealth;";
(b) in section 1.2.1(1), for the definition of
10 mental infirmity substitute--
"mental impairment includes alcoholism and
drug-dependence;";
(c) in section 1.2.6(1)(m), for "infirmity"
substitute "impairment".
15 20 New section 2.4.42 inserted
After section 2.4.41 of the Principal Act insert--
"2.4.42 Show cause procedure for removal of
lawyer's name from local roll following
cancellation of interstate practising
20 certificate or guilty finding
(1) This section applies if the Board is satisfied
that--
(a) a local lawyer's interstate practising
certificate has been cancelled; or
25 (b) a local lawyer has been found guilty, in
Victoria or elsewhere in Australia, of
an offence--
whether before or after the commencement
of this section.
561062B.I-18/7/2007 18 BILL LA INTRODUCTION 18/7/2007
Legal Profession Amendment (Education) Bill 2007
Part 3--Other Amendments
s. 21
(2) The Board may serve on the lawyer a notice
stating that the Board will apply to the
Supreme Court for an order that the lawyer's
name be removed from the local roll unless
5 the lawyer shows cause to the Board why his
or her name should not be removed.
(3) If the lawyer does not satisfy the Board that
his or her name should not be removed from
the local roll, the Board may apply to the
10 Supreme Court for an order that his or her
name be removed from the local roll.
(4) Before applying for an order that the
lawyer's name be removed, the Board must
afford the lawyer a reasonable opportunity to
15 show cause why his or her name should not
be removed.
(5) The Supreme Court may, on application
made under this section, order that the
lawyer's name be removed from the local
20 roll, or may refuse to do so.
(6) The lawyer is entitled to appear before and
be heard by the Supreme Court at a hearing
in respect of an application under this
section.".
25 21 Suitability reports
In sections 2.5.4(1) and 2.5.6(2) of the Principal
Act, for "infirmity" (wherever occurring)
substitute "impairment".
22 Legal profession rules
30 In section 3.2.13 of the Principal Act--
(a) in subsection (1), for "relevant publication"
substitute "publication determined by the
Board";
561062B.I-18/7/2007 19 BILL LA INTRODUCTION 18/7/2007
Legal Profession Amendment (Education) Bill 2007
Part 3--Other Amendments
s. 23
(b) in subsection (5), for "Attorney-General"
substitute "Board";
(c) subsection (6) is repealed.
23 Disclosure of costs to clients
5 (1) For section 3.4.9(3) of the Principal Act
substitute--
"(3) A law practice is taken to have complied
with the requirement to disclose the details
referred to in subsection (1)(b)(i), (ia) and
10 (ii), (h), (j), (k) and (m) if it provides a
written statement in or to the effect of a form
prescribed by the regulations for the
purposes of this subsection at the same time
as the other details are disclosed as required
15 by this section.
(4) A regulation prescribing a form for the
purposes of subsection (3) may provide for
the form to refer to fact sheets or other
documents (whether as current at the time
20 the regulation commences or any earlier time
or as in force for the time being) that contain
details of the kind referred to in that
subsection.
(5) The regulation may--
25 (a) require the Commissioner to produce
and maintain fact sheets or other
documents that are referred to in the
form and to make them available on the
Internet; and
30 (b) require the fact sheets or other
documents to be developed in
consultation with the professional
associations.".
(2) In section 3.4.12(1)(a) and (2) of the Principal
35 Act, after "$750" insert "(exclusive of GST)".
561062B.I-18/7/2007 20 BILL LA INTRODUCTION 18/7/2007
Legal Profession Amendment (Education) Bill 2007
Part 3--Other Amendments
s. 24
(3) For section 3.4.35(3) of the Principal Act
substitute--
"(3) A law practice is taken to have complied
with the requirement to provide the written
5 statement referred to in subsection (1) if it
provides a written statement in or to the
effect of a form prescribed by the regulations
for the purposes of this subsection.
(4) A regulation prescribing a form for the
10 purposes of subsection (3) may provide for
the form to refer to fact sheets or other
documents (whether as current at the time
the regulation commences or any earlier time
or as in force for the time being) that contain
15 details of the kind referred to in subsection
(1).
(5) The regulation may--
(a) require the Commissioner to produce
and maintain fact sheets or other
20 documents that are referred to in the
form and to make them available on the
Internet; and
(b) require the fact sheets or other
documents to be developed in
25 consultation with the professional
associations.".
24 Civil complaints
In section 4.3.4(2)(c) of the Principal Act, after
"Tribunal," insert "or the complaint is dismissed
30 under section 4.3.13(2)(a),".
561062B.I-18/7/2007 21 BILL LA INTRODUCTION 18/7/2007
Legal Profession Amendment (Education) Bill 2007
Part 3--Other Amendments
s. 25
25 New section 4.3.5A inserted
After section 4.3.5 of the Principal Act insert--
"4.3.5A Settlement agreements
(1) If the parties to a civil dispute reach
5 agreement with respect to the subject-matter
of the dispute--
(a) the Commissioner must prepare a
written record of the agreement; and
(b) the record must be signed by or on
10 behalf of each party and certified by the
Commissioner; and
(c) the Commissioner must give each party
a copy of the signed and certified
record.
15 (2) Any party, after giving written notice to the
other party, may enforce the agreement by
filing a copy of the certified record free of
charge in the Magistrates' Court.
(3) On filing, the record must be taken to be an
20 order of the Magistrates' Court in accordance
with its terms, and may be enforced
accordingly.
(4) A record may be filed only once under
subsection (2).
25 (5) This section does not apply if the parties to
the dispute reach agreement through
mediation.
Note
Section 4.3.12 deals with agreements reached through
30 mediation.".
561062B.I-18/7/2007 22 BILL LA INTRODUCTION 18/7/2007
Legal Profession Amendment (Education) Bill 2007
Part 3--Other Amendments
s. 26
26 New Part 13 inserted in Schedule 2
After Part 12 of Schedule 2 to the Principal Act
insert--
"PART 13--LEGAL PROFESSION
5 AMENDMENT (EDUCATION) ACT 2007
13.1 Council of Legal Education
(1) A person who was a member of the Council
immediately before 1 July 2008 (other than
the Chief Justice or the chairperson of the
10 Board) goes out of office at the beginning of
that day unless he or she is appointed in
accordance with subclause (2).
(2) An appointment may be made to the Council
under section 6.5.1 as amended by the Legal
15 Profession Amendment (Education) Act
2007 at any time after the commencement of
this Part but any such appointment made
before 1 July 2008 takes effect on 1 July
2008.
20 13.2 Board of Examiners
(1) A person who was a member of the Board of
Examiners immediately before 1 July 2008
goes out of office at the beginning of that
day unless he or she is appointed in
25 accordance with subclause (2).
(2) An appointment may be made to the Board
of Examiners under section 6.5.9 as amended
by the Legal Profession Amendment
(Education) Act 2007 at any time after the
30 commencement of this Part but any such
appointment made before 1 July 2008 takes
effect on 1 July 2008.
561062B.I-18/7/2007 23 BILL LA INTRODUCTION 18/7/2007
Legal Profession Amendment (Education) Bill 2007
Part 3--Other Amendments
s. 27
13.3 Health assessments
Part 2.5, as amended by the Legal
Profession Amendment (Education) Act
2007, insofar as it relates to an applicant for
5 admission to the legal profession under this
Act, applies only to a person who lodges his
or her application for admission with the
Board of Examiners on or after 1 July
2008.".
10 27 Statute law revision
In the heading to section 2.8.25 of the Principal
Act, for "of" substitute "or".
__________________
561062B.I-18/7/2007 24 BILL LA INTRODUCTION 18/7/2007
Legal Profession Amendment (Education) Bill 2007
Part 4--Repeal of Amending Act
s. 28
PART 4--REPEAL OF AMENDING ACT
28 Repeal of Act
This Act is repealed on 1 July 2009.
561062B.I-18/7/2007 25 BILL LA INTRODUCTION 18/7/2007
Legal Profession Amendment (Education) Bill 2007
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561062B.I-18/7/2007 26 BILL LA INTRODUCTION 18/7/2007
[Index] [Search] [Download] [Related Items] [Help]