LEGAL PROFESSION UNIFORM LAW APPLICATION ACT 2014
Table of Provisions
PART 1--PRELIMINARY
PART 2--APPLICATION OF UNIFORM LAW
Division 1--General application provisions
- 4 Application of Legal Profession Uniform Law
- 5 Exclusion of legislation of this jurisdiction
- 6 Override of Charter of Human Rights and Responsibilities Act 2006
- 7 Disallowance of Uniform Regulations
- 8 No double jeopardy
Division 2--Further application provisions
- 9 Meaning of various terms used in Legal Profession Uniform Law (Victoria)
- 9A Meaning of law firm
- 10 Designation of local authorities and tribunals
Division 3--of Part 5.4
- 11 Declaration of nominated fund and nominated trust authority
- 12 Dealing with unclaimed money
- 13 Approved insurance policy
- 14 Fidelity fund and fidelity authority
- 15 Dispute resolution and professional discipline for lawyers who are judicial officers in relation to previous conduct
- 16 Referral for costs assessment to be to Costs Court
- 17 Issuing authority for search warrants
- 18 Pecuniary penalties to be paid into Public Purpose Fund
- 18A Part 3 of Schedule 4 applies
PART 3--LOCAL REGULATORY AUTHORITIES
Division 1--Victorian Legal Admissions Board
- 19 Establishment
- 20 Functions and powers
- 21 Membership
- 22 Judge or retired judge appointed as member
- 23 Resignation and removal
- 24 Meetings
- 25 Validity of acts or decisions
- 26 Staff and consultants
- 27 Delegation
Division 2--Victorian Legal Services Board
- 28 Continuation of board under new name
- 29 Relationship to the Crown
- 30 Objectives
- 31 Functions and powers
- 32 Membership
- 33 Chairperson and deputy chairperson
- 34 Judge or former judge appointed as chairperson
- 35 Appointed members
- 36 Payment of members
- 37 Acting appointments
- 38 When does a member's office become vacant?
- 39 Meetings
- 40 Conflicts of interest
- 41 Resolutions without meetings
- 42 Validity of acts or decisions
- 43 Immunity
- 44 Delegation
- 45 Performance targets etc.
- 46 Annual report
- 47 Other reports
Division 3--Victorian Legal Services Commissioner
- 48 Establishment
- 49 Functions and powers
- 50 Relationship to Victorian Legal Services Board
- 51 Appointment of Victorian Commissioner
- 52 Acting Victorian Commissioner
- 53 Vacancy of Victorian Commissioner's office
- 54 Validity of acts and decisions
- 55 Immunity
- 56 Delegation
- 57 Annual report
- 58 Other reports
Division 4--General provisions for the Victorian Legal Services Board and Victorian Commissioner
PART 4--ADMISSION, PRACTISING CERTIFICATES AND REGISTRATION CERTIFICATES
Division 1--Admission
Division 2--Australian practising certificates
- 73 Australian practising certificate fees and fidelity fund contributions
- 74 Timing of application for renewal of local practising certificate
- 75 Late application for renewal of practising certificate
Division 3--Australian registration certificates
- 76 Australian registration certificate fees and costs
Division 4--General
- 77 Time limit for review applications in relation to certificates
PART 5--TRUST ACCOUNTS
Division 1--Statutory deposits intoPublic Purpose Fund
- 78 Definitions
- 79 Required deposit amount
- 80 Determination of required deposit amount
- 81 Requirement to deposit with the Victorian Legal Services Board
- 82 Deposit amounts to be paid to Public Purpose Fund
- 83 Repayment by Victorian Legal Services Board
- 84 Division does not apply to controlled money accounts
- 85 Exemption by Victorian Legal Services Board
- 86 Multiple trust accounts
Division 2--Authorised deposit-taking institutions
- 87 Arrangements with ADIs
Division 3--Approved clerks
- 87A Person not to act as approved clerk without approval
- 88 Approval of clerks
- 88A Suspension or revocation of approval of clerk on request
- 88B Suspension or revocation of approval of clerk for other reasons
- 89 Application of the Uniform Law to approved clerks
- 89A Review of decision to refuse, suspend or revoke approval
- 90 Rules for approved clerks
Division 4--External examinations and investigations
- 91 Costs of external examinations and investigations
PART 6--LEGAL COSTS
Division 1--Legal Costs Committee
- 92 Legal Costs Committee
- 93 Functions of the Legal Costs Committee
Division 2--Practitioner remuneration orders
- 94 Practitioner remuneration orders
- 95 Publication and availability of practitioner remuneration order
- 96 Disallowance by Parliament and application of Subordinate Legislation Act 1994
Division 3--Costs assessment
- 97 Appeal from decision of Costs Court
Division 4--Costs disputes
PART 7--PROFESSIONAL INDEMNITY INSURANCE
Division 1--Legal Practitioners' Liability Committee
- 100 Legal Practitioners' Liability Committee
- 101 Liability Committee not to represent the Crown
- 102 Functions and powers
- 103 Membership
- 104 Qualifications for membership
- 105 Payment of members
- 106 Acting members
- 107 Meetings
- 108 Resolutions without meetings
- 109 Validity of acts or decisions
- 110 Conflicts of interest
- 111 Staff and consultants
- 112 Confidentiality
- 113 Annual report
Division 2--Legal Practitioners' Liability Fund
- 114 Requirement for Liability Fund
- 115 Payments into Liability Fund
- 116 Payments out of Liability Fund
- 117 Investment of Liability Fund
- 118 Levies
Division 3--Professional indemnity insurance
- 119 Competition and Consumer Act 2010
- 120 Terms and conditions of insurance
PART 8--FIDELITY COVER
Division 1--Fidelity fund
- 121 Requirement for fidelity fund
- 122 Purpose of fidelity fund
- 123 Payments into the fidelity fund
- 124 Payments out of the fidelity fund
- 125 Solvency
- 126 Payments to liquidators etc.
- 127 Payments to Public Purpose Fund
Division 2--Contributions by and levies on approved clerks and community legal services
- 128 Annual contributions
- 129 Levies
- 130 Victorian Legal Services Board may recover contribution or levy
Division 3--Supplementary provisions for contributions and levies
- 131 Contributions and levies not to exceed prescribed amount
- 132 Employer must pay contribution or levy or reimburse employee
PART 9--PUBLIC PURPOSE FUND
- 133 Public Purpose Fund
- 134 Financial arrangements for Public Purpose Fund
- 135 Accounts in Public Purpose Fund
- 136 General Account
- 137 Statutory Deposit Account
- 138 Distribution Account
- 139 Funding of Legal Profession Uniform Framework
- 140 Expenses of Victorian Legal Services Board
- 141 Expenses of Victorian Commissioner
- 142 Expenses of VCAT
- 143 Legal aid funding
- 144 Funding of law-related services and activities
- 145 Victorian Legal Services Board may take into account previous funding
- 146 Further legal aid funding
- 147 Payments to fidelity fund
- 148 Payments to local professional associations for continuing legal education programs etc.
- 149 Timing of payments and instalments
PART 9A--REGISTERS AND REVIEWS
Division 1--Victorian legal profession register
- 150 Victorian legal profession register
Division 2--Register of disciplinary action
- 150A Definitions
- 150B Keeping of the register
- 150C Information recorded in the register
- 150D Publication of the register
- 150E Quashing of disciplinary action
- 150F Lawyer with injury or illness
- 150G Effect of non-disclosure orders
Division 3--Reviews of disciplinary action
- 150H Time limit for review application in relation to determination of unsatisfactory professional conduct
PART 10--GENERAL
- 151 Information sharing
- 152 Liability of principals
- 153 Investigation of offences and contraventions
- 153A Classification of offences
- 154 Prosecution of offences
- 155 Judicial review by Supreme Court
- 156 Regulations
PART 11--REPEALS AND AMENDMENTS
PART 12--TRANSITIONAL PROVISIONS
Division 1--Preliminary
Division 2--Local regulatory authorities
Division 3--Admission, certificates and business practice
Division 4--Trust accounts
Division 5--Legal costs
- 172 Practitioner remuneration orders and Legal Costs Committee
Division 6--Fidelity cover
Division 7--Professional indemnity insurance
- 175 Legal Practitioners' Liability Committee
- 176 Insurance terms and conditions
- 177 Exemptions
- 178 Liability Fund
Division 8--Public Purpose Fund
Division 9--General
Division 10--Justice Legislation Amendment (Court Security, Juries and Other Matters) Act 2017
- 183 Approval of clerks
- 184 Rules for approved clerks
Division 11--Legal Profession Uniform Law Application Amendment Act 2019
Division 12--Workplace Safety Legislation and Other Matters Amendment Act 2022
- 187 Elected members of the Victorian Legal Services Board