Victorian Consolidated Legislation

Legal Profession Act 2004 - SECT 2.2.2.

Prohibition on engaging in legal practice when not entitled

2.2.2. Prohibition on engaging in legal practice when not entitled



(1) A person must not engage in legal practice in this jurisdiction unless the
person is an Australian legal practitioner.

Penalty: Imprisonment for 2 years.

(2) Subsection (1) does not apply to-

   (a)  a person who engages in legal practice under the authority of a law of
        this jurisdiction or of the Commonwealth;

   (b)  an incorporated legal practice that engages in legal practice in
        accordance with Part 2.7;

   (c)  a community legal centre that engages in legal practice in accordance
        with Part 2.9;





   (d)  an Australian-registered foreign lawyer who practises foreign law in
        accordance with Part 2.8;

   (e)  a person who prepares a workplace agreement within the meaning of the
        Workplace Relations Act 1996 of the Commonwealth on behalf of a party
        or proposed party to the agreement;

   (ea) a licensee within the meaning of the Conveyancers Act 2006 who
        performs conveyancing work in accordance with that Act;

   (f)  a person (other than an Australian legal practitioner) who represents
        another person in a proceeding before a court or tribunal, or in
        arbitration proceedings, if the person is so authorised by or under a
        law of this jurisdiction, or has leave of the court or tribunal or the
        arbitrator or umpire;

   (g)  a person who does anything in the course of their employment with the
        Crown or a public authority or in the performance of duties under an
        appointment by the Governor in Council;

   (h)  a person who engages in legal practice of a kind prescribed by the
        regulations.

Note Section 53A of the Estate Agents Act 1980 provides an exemption from
subsection (1) for persons who do certain things under that Act.

(3) Nothing in subsection (2)(f) affects the power of a court, tribunal,
arbitrator or umpire to give or refuse leave for a person to represent
another.

(4) A person is not entitled to recover any amount in respect of anything the
person did in contravention of subsection (1).

(5) A person may recover from another person in a court of competent
jurisdiction, as a debt due to the person, any amount the person paid to the
other person in respect of anything the other person did in contravention of
subsection (1).

(6) The regulations may make provision for or with respect to the application
(with or without specified modifications) of provisions of this Act to persons
engaged in legal practice of a kind referred to in subsection (2) other than
paragraphs (a) and (b).