Western Australian Consolidated Acts

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LEGAL PROFESSION ACT 2008 - SECT 15

15 .         Associates who are disqualified or convicted persons

        (1)         In this section —

        lay associate of a law practice has the meaning given in section 6(2)(b) and includes a consultant to the law practice (however described) who —

            (a)         is not an Australian legal practitioner; and

            (b)         provides legal or related services to the law practice, other than services of a kind prescribed by the regulations.

        (2)         A law practice must not have a lay associate whom any principal or other legal practitioner associate of the practice knows to be —

            (a)         an Australian lawyer; or

            (b)         a disqualified person; or

            (c)         a person who has been convicted of a serious offence,

                unless the lay associate is approved by the Board under subsection (3).

        (3)         The Board may, on application by a law practice or the lay associate, approve a lay associate for the purposes of this section.

        (4)         An approval under this section may be subject to specified conditions.

        (5)         If the Board decides to refuse an application for approval, or to grant the approval subject to conditions, the applicant may apply to the State Administrative Tribunal for a review of the decision.

        (6)         A disqualified person, or a person convicted of a serious offence, must not become or seek to become a lay associate of a law practice unless the person first informs the law practice of the disqualification or conviction.

        Penalty: a fine of $10 000.

        (7)         Proceedings for an offence under subsection (6) may only be brought within 6 months after discovery of the offence by the Board.

        (8)         This section does not apply in circumstances prescribed by the regulations.



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