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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Legal Practice (Amendment) Act 1999
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 1
3. Principal Act 2
4. Other proceedings not stayed if dispute is dismissed 2
5. New section 136A inserted 2
136A. More appropriate forum 2
6. Penalties for misconduct 2
7. Cost of transcript in appeals 3
8. Transitional provision 3
9. Statute law revision--Legal Practice Act 1996 3
10. Statute law revision--Leo Cussen Institute Act 1972 4
NOTES 5
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541018B.I1-12/11/99
PARLIAMENT OF VICTORIA
Initiated in Assembly 10 November 1999
A BILL
to amend the Legal Practice Act 1996 with respect to the powers of
the Legal Profession Tribunal and for other purposes.
Legal Practice (Amendment) Act 1999
The Parliament of Victoria enacts as follows:
1. Purpose
The main purpose of this Act is to amend the
Legal Practice Act 1996 with respect to the
powers of the Legal Profession Tribunal.
5 2. Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
1
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Legal Practice (Amendment) Act 1999
s. 3
Act No.
3. Principal Act
No. 35/1996.
Reprint No. 2
In this Act, the Legal Practice Act 1996 is called
as at
the Principal Act.
15 August
1999.
4. Other proceedings not stayed if dispute is dismissed
5 In section 124(1) of the Principal Act after
"determined" insert "or dismissed".
5. New section 136A inserted
After section 136 of the Principal Act insert--
"136A. More appropriate forum
10 (1) At any time, the Tribunal constituted by the
registrar or a deputy registrar or the Full
Tribunal may dismiss a dispute if it
considers that the subject-matter of the
dispute would be more appropriately dealt
15 with by a court.
(2) A dispute may be dismissed on the
application of a party or on the Tribunal's
own initiative.
(3) If the Tribunal dismisses a dispute, it may
20 refer the matter to the relevant court if it
considers it appropriate to do so.".
6. Penalties for misconduct
In section 160 of the Principal Act--
(a) in sub-section (1)(c)--
25 (i) for sub-paragraph (iv) substitute--
"(iv) refer the practitioner to the
Supreme Court with or without a
recommendation that the
practitioner's name be struck off
30 the roll of practitioners;";
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Legal Practice (Amendment) Act 1999
s. 7
Act No.
(ii) after sub-paragraph (vi) insert--
"(vii) specify a period during which the
practitioner may not apply for a
practising certificate or for a
5 practising certificate with
particular conditions;";
(b) sub-section (2) is repealed.
7. Cost of transcript in appeals
In section 169A(1) of the Principal Act after
10 "appeal" (where secondly occurring) insert
", including the cost of obtaining a transcript of
the hearing before the Tribunal at first instance".
8. Transitional provision
After clause 23 in Schedule 2 to the Principal Act
15 insert--
"23A. Application of Tribunal's new powers to existing
disputes and prior conduct
(1) Section 169A as amended by section 7 of the Legal
Practice (Amendment) Act 1999 and section 136A
20 apply in respect of disputes referred to the Tribunal
after the commencement of that Act.
(2) Section 160 as amended by section 6 of the Legal
Practice (Amendment) Act 1999 applies in respect
of charges brought in the Tribunal after the
25 commencement of that Act.".
9. Statute law revision--Legal Practice Act 1996
In the Principal Act--
(a) in section 3(1), in the definition of "trust
money", for "a interstate practitioner" (where
30 twice occurring) substitute "an interstate
practitioner";
(b) in section 82(3) for "Ombudsmen"
substitute "Ombudsman";
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Legal Practice (Amendment) Act 1999
s. 10
Act No.
(c) in section 321(4) for "section (3)" substitute
"sub-section (3)";
(d) in section 375(1) for "into Public Purpose
Fund" substitute "into the Public Purpose
5 Fund";
(e) in section 418(1)(b) for "consents"
substitute "consent".
No. 10. Statute law revision--Leo Cussen Institute Act 1972
8254/1972.
In section 11(4) of the Leo Cussen Institute Act
Reprint No. 1
as at 3 April
10 1972 for "Legal Profession Practice Act 1958"
1997.
substitute "Legal Practice Act 1996".
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Legal Practice (Amendment) Act 1999
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
5
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