Western Australian Consolidated Acts

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LEGAL PROFESSION ACT 2008 - SECT 36

36 .         WA government lawyers taken to be local legal practitioners

        (1)         In this section —

        employing authority of a WA government lawyer means —

            (a)         the employing authority of the lawyer under the Public Sector Management Act 1994 ; or

            (b)         if the lawyer does not have an employing authority under that Act, the employing authority of the lawyer specified in the regulations for the purposes of this definition;

        government agency means —

            (a)         a body, whether corporate or unincorporate, or the holder of an office, established under a law of this jurisdiction for a public purpose or to exercise governmental functions; or

            (b)         a person or body (or a class of persons or bodies) prescribed by the regulations as being within this definition;

        WA government lawyer means an Australian lawyer employed in —

            (a)         the State Solicitor’s Office; or

            (b)         the Parliamentary Counsel’s Office; or

            (c)         the Office of the Director of Public Prosecutions; or

            (d)         a government agency prescribed by the regulations for the purposes of this definition.

        (2)         A WA government lawyer is engaged in government work when the lawyer is engaged in legal practice in the course of the lawyer’s duties in relation to the entity in which the lawyer is employed.

        (3)         A WA government lawyer engaged in government work is taken to be a local legal practitioner and an Australian legal practitioner.

        (4)         The regulations may make provision for —

            (a)         arrangements to be made by employing authorities of WA government lawyers for the continuing professional development of those lawyers; and

            (b)         the submission of those arrangements for approval by the Attorney General; and

            (c)         the information to be given to the Board by an employing authority or former employing authority of a WA government lawyer in relation to that lawyer; and

            (d)         the manner and form in which the information is to be given.



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