LEGAL PROFESSION UNIFORM LAW APPLICATION ACT 2022
Table of Provisions
PART 1 -- Preliminary
- 1 Short title
- 2 Commencement
- 3 Terms used
- 4 Act binds Crown
- 5 Application of Interpretation Act 1984 to Act and Uniform Law
PART 2 -- Legal Profession Uniform Law
Division 1 -- Application of Legal Profession Uniform Law in the State
- 6 Application of Uniform Law as law of the State
- 7 Commencement of Uniform Law as law of the State
- 8 Tabling amending Acts
- 9 Disallowance of amending Acts
- 10 Commencement of amending Acts 11. Tabling of amending Act taken to be publication for Standing ORDER s
- 12 Interaction between Uniform Law and this Act
- 13 No double jeopardy
Division 2 -- Application of Uniform Regulations and Uniform Rules
- 14 Application of Uniform Regulations and Uniform Rules as laws of the State for Uniform Law and Act
- 15 Publication of Uniform Regulations and Uniform Rules
- 16 Tabling and disallowance of Uniform Regulations and Uniform Rules
- 17 Interpretation Act 1984 s. 41 and 42 do not apply to Uniform Regulations and Uniform Rules
Division 3 -- Matters specified for Legal Profession Uniform Law (WA)
- 18 Meaning of this jurisdiction in Uniform Law
- 19 Costs assessor: Uniform Law s.
- 20 Designated local regulatory authorities: Uniform Law s.
- 21 Designated local roll authority: Uniform Law s.
- 22 Designated tribunals: Uniform Law s.
- 23 Fidelity authority: Uniform Law s.
- 24 Nominated fund and nominated trust authority: Uniform Law s.
- 25 Unclaimed money to be dealt with under Unclaimed Money Act 1990: Uniform Law s.
- 26 Fidelity fund: Uniform Law s.
- 27 Specified fund: Uniform Law s.
- 28 Issuing authority: Uniform Law s.
- 29 Specified manner for payment of pecuniary penalties: Uniform Law s.
PART 3 -- Local authorities
Division 1 -- Legal Practice Board
Subdivision 1 -- Establishment and functions- 30 Establishment of Board
- 31 Relationship to Crown
- 32 Functions
- 33 Powers
- 34 Board to pay State contribution to fund Legal Profession Uniform Framework
- 35 Board to pay contributions to Guarantee Fund into Fund
- 36 Delegation of powers and duties under this Act
- 37 Delegation of functions under Uniform Law: Uniform Law s. Subdivision 2 -- Membership
- 38 Board members
- 39 Term of office
- 40 Who may vote in election
- 41 Removal or resignation
- 42 Chairperson and deputy chairperson
- 43 Casual vacancies Subdivision 3 -- Practice and procedures
- 44 Meetings
- 45 Quorum
- 46 Voting
- 47 Procedures Subdivision 4 -- Financial and reporting provisions
- 48 Application of funds
- 49 Accounts and records
- 50 Audit
- 51 Annual reports
- 52 Reports relating to operation and effectiveness of aspects of Uniform Law Subdivision 5 -- Miscellaneous
- 53 Committees
- 54 Secretary of Board
- 55 Execution of documents by Board
- 56 Local regulations may be made about matters for Board
Division 2 -- Legal Services and Complaints Committee
Subdivision 1 -- Establishment and functions- 57 Establishment of Legal Services and Complaints Committee
- 58 Functions
- 59 Powers
- 60 Support
- 61 Delegation to Legal Services and Complaints Officer Subdivision 2 -- Membership
- 62 Legal Services and Complaints Committee members
- 63 Term of office of legal members
- 64 Term of office of community representatives
- 65 Termination of office may be deferred
- 66 Deputies of community representatives
- 67 Chairperson and deputy chairperson
- 68 Removal or resignation
- 69 Leave of absence
- 70 Remuneration and allowances Subdivision 3 -- Practice and procedures
- 71 Meetings
- 72 Quorum
- 73 Divisions
- 74 Voting
- 75 Procedures Subdivision 4 -- Reporting provisions
- 76 Annual reports
- 77 Reports relating to functions Subdivision 5 -- Local regulations
- 78 Local regulations about Legal Services and Complaints Committee
Division 3 -- Legal Services and Complaints Officer
Division 4 -- Staff of Legal Services and Complaints Committee and Legal Services and Complaints Officer
- 82 Staff
Division 5 -- Legal Costs Committee
Subdivision 1 -- Establishment and functions- 83 Establishment of Legal Costs Committee
- 84 Functions
- 85 Powers Subdivision 2 -- Membership
- 86 Legal Costs Committee members
- 87 Nominations
- 88 Term of office
- 89 Deputy chairperson
- 90 Deputy members
- 91 Removal or resignation
- 92 Leave of absence
- 93 Remuneration and allowances Subdivision 3 -- Practice and procedures
- 94 Meetings
- 95 Quorum
- 96 Voting
- 97 Procedures Subdivision 4 -- Financial provisions
- 98 Funds
- 99 Application of Financial Management Act 2006 and Auditor General Act 2006 Subdivision 5 -- Staff and facilities
- 100 Use of staff and facilities of departments
Division 6 -- Legal Contribution Trust
Subdivision 1 -- Establishment and functions- 101 Establishment of Legal Contribution Trust
- 102 Relationship to Crown
- 103 Functions
- 104 Powers Subdivision 2 -- Membership
- 105 Constitution of Legal Contribution Trust
- 106 Chairperson
- 107 Deputy trustees
- 108 Removal or resignation
- 109 Meetings and procedures
- 110 Quorum
- 111 Voting Subdivision 3 -- Execution of documents
- 112 Execution of documents by Legal Contribution Trust
PART 4 -- Admission, practising certificates and registration certificates
Division 1 -- Admission
- 113 Requirements for applications for admission under Uniform Law s.
- 114 Full Bench of Supreme Court to admit individuals under Uniform Law s.
- 115 Local regulations may prescribe matters about admission under Uniform Law
Division 2 -- Practising certificates
- 116 Requirements for applications for grant or renewal of Australian practising certificates under Uniform Law s.
- 117 Provisions about renewing Australian practising certificates under Uniform Law s.
- 118 Provisions about decisions on granting or renewing Australian practising certificates under Uniform Law s.
- 119 Local regulations may modify operation of Legal Profession Conduct Rules for barristers
Division 3 -- Registration certificates
- 120 Requirements for applications for grant or renewal of Australian registration certificates under Uniform Law s.
- 121 Provisions about renewing Australian registration certificates under Uniform Law s.
- 122 Provisions about decisions on granting or renewing Australian registration certificates under Uniform Law s.
Division 4 -- Interjurisdictional action
Division 5 -- Miscellaneous
- 124 Functions of State Solicitor
- 125 Accreditation in relation to continuing professional development activities or other legal education or training
- 126 Local regulations may provide contract legislative drafters are government lawyers
- 127 Local regulations in relation to government lawyers
PART 5 -- Trust accounts
- 128 Application for exemption under Uniform Law s.
- 129 Decision on exemption from complying with Uniform Law Pt. 4.2
- 130 Local regulations about receipt or holding of money by barristers: Uniform Law s.
- 131 Review of decisions referred to in Uniform Law s. 160 and 166
PART 6 -- Legal costs
Division 1 -- Legal costs determinations
- 132 Term used: court
- 133 Legal costs determinations
- 134 Declaration of court in respect of which costs determinations may be made
- 135 Costs determinations may be amended or revoked
- 136 Costs determinations are fixed costs legislative provisions: Uniform Law s.
- 137 Review of costs determinations
- 138 Inquiries by Legal Costs Committee
- 139 Notice and submissions in respect of costs determinations
- 140 Report and publication of costs determinations
- 141 Effect of costs determinations
- 142 Reports
- 143 Law practice to disclose whether costs determination applies to calculating costs under Uniform Law s.
Division 2 -- Costs assessments
- 144 Functions of costs assessors
- 145 Requirements for applications for costs assessment: Uniform Law s.
- 146 Assessment of Legal Aid Commission bill
- 147 Determining and issuing certificate of costs assessment
- 148 Costs assessment binding on parties
- 149 Review of costs assessment: Uniform Law s.
- 150 Enforcement of, and interest on, costs assessment
- 151 Recovery of amounts paid as legal costs above costs assessments
- 152 Local regulations about costs assessments
PART 7 -- Professional indemnity insurance
Division 1 -- Preliminary
- 153 Terms used
- 154 Approved insurance policies for Act and Uniform Law
- 155 Attorney General’s approval of insurance for Uniform Law
Division 2 -- Insurance and insurance policies
Subdivision 1 -- Obtaining professional indemnity insurance and certificates- 156 Meaning of PII arrangement
- 157 Law Society authorised to enter into PII arrangement
- 158 Application for arrangement insurance for whole financial year
- 159 Application for arrangement insurance for part of financial year in particular circumstances
- 160 Application by restructured law practices for arrangement insurance for part of financial year
- 161 Bar-approved insurance policy
- 162 Local regulations may provide for approval of PII schemes Subdivision 2 -- Annual contribution for PII arrangement
- 163 Assessing annual contribution for PII entities
- 164 Method of assessing annual contribution for PII arrangement
- 165 Review of annual contribution assessment
- 166 Appeal against review of annual contribution assessment
- 167 Refund after review of, or appeal against, annual contribution assessment
- 168 Recovery of additional amount if incorrect information given for annual contribution assessment Subdivision 3 -- Financial matters
- 169 Administration levy for PII arrangement
- 170 Interest payable on amounts overdue under this Part
- 171 Recovery of unpaid money
Division 3 -- Exemptions from obtaining professional indemnity insurance under Legal Profession Uniform Law (WA)
Subdivision 1 -- Modification of Legal Profession Uniform Law Application Act 2014 (Victoria) Schedule 1 s. 215 and 216 172. Modification of Uniform Law 1- 173 Section 215 modified
- 174 Section 216 modified Subdivision 2 -- Obtaining exemptions under Legal Profession Uniform Law (WA)
- 175 Requirements for application to be exempted under Uniform Law s.
- 176 Certificates of exemption if exempt under Uniform Law s.
- 177 Person to notify Board when exemption no longer applies
Division 4 -- Law Mutual (WA) and Law Mutual Fund
- 178 Continuation of Law Mutual (WA)
- 179 Continuation of Law Mutual Fund
- 180 Provisions about Law Mutual Fund
- 181 Application of money in Law Mutual Fund
- 182 Audit of Law Mutual Fund
- 183 Local regulations about winding up Law Mutual Fund
Division 5 -- PII management committee
- 184 Law Society may establish PII management committee
- 185 Delegation of Law Society’s functions to PII management committee
- 186 Membership
- 187 Procedures
- 188 Dissolution of PII management committee
Division 6 -- Miscellaneous
- 189 Undertakings in relation to professional indemnity insurance
- 190 Requiring information about professional indemnity insurance
- 191 Sharing information about professional indemnity insurance
- 192 Evidence of exemption or insurance for Uniform Law
PART 8 -- Fidelity cover
Division 1 -- Guarantee Fund
- 193 Term used: claim
- 194 Solicitors’ Guarantee Fund
- 195 Payments out of Guarantee Fund
- 196 Application of Guarantee Fund for claims
- 197 Investment of Guarantee Fund
- 198 Notice of levy to supplement Guarantee Fund imposed under Uniform Law s.
- 199 Audit under Uniform Law s.
Division 2 -- Interest on trust accounts
- 200 Trust account arrangements to pay no more than 51% of interest to Legal Contribution Trust
- 201 Application of interest
- 202 Audit of expenditure
PART 9 -- Proceedings
- 203 Terms used
- 204 Constitution of State Administrative Tribunal
- 205 Procedure of State Administrative Tribunal
- 206 Disciplinary proceedings may involve 1 or more matters
- 207 Time for initiating disciplinary proceedings under Uniform Law s.
- 208 State Administrative Tribunal to conduct hearing for disciplinary proceeding
- 209 Variation of application initiating disciplinary proceeding
- 210 Interlocutory and interim orders in relation to disciplinary proceedings
- 211 State Administrative Tribunal not bound by rules of evidence
- 212 Notification of particular State Administrative Tribunal orders
- 213 Provisions about fines imposed under Uniform Law s.
- 214 Giving effect to State Administrative Tribunal orders
- 215 State Administrative Tribunal to give order recommending removal of lawyer from roll or register to Principal Registrar
- 216 Official notification to Board and Legal Services and Complaints Committee of removal from roll under Uniform Law s.
PART 10 -- Registers
Division 1 -- Certificate registers
- 217 Register of Australian practising certificates granted by the Board
- 218 Register of Australian registration certificates granted by the Board
Division 2 -- Disciplinary action register
- 219 Terms used
- 220 Register of disciplinary action
- 221 Public availability of register of disciplinary action
- 222 Publicising disciplinary action
- 223 Effect of quashing of disciplinary action
- 224 Publicising disciplinary action taken because of injury, infirmity or illness
- 225 Effect of secrecy provisions and non-disclosure orders
- 226 Liability for publicising disciplinary action
Division 3 -- Disqualification orders and approvals register
- 227 Disqualification orders and approvals register
PART 11 -- Enforcement
Division 1 -- Search warrants under Legal Profession Uniform Law (WA)
- 228 Application for search warrants under Uniform Law s.
- 229 Provisions for search warrants issued under Uniform Law s.
- 230 Use of force when executing search warrants issued under Uniform Law s.
- 231 Executed search warrants issued under Uniform Law s. 377 to be endorsed
- 232 Receipt for items seized under search warrants
Division 2 -- Contraventions of Act or Legal Profession Uniform Law (WA)
- 233 Board may appoint person to investigate contravention of Act or Uniform Law
- 234 Who may commence proceedings for offence against Act or Uniform Law
- 235 When prosecution may be commenced for offence against Uniform Law s. 10 or
- 236 Enforcement of orders to pay fines under Uniform Law
- 237 Board may recover pecuniary penalty to be paid under Uniform Law
Division 3 -- Notices under Legal Profession Uniform Law (WA) s. 371(1)(a) or (b)
238. Effect of notice under Uniform Law s. 371(1)(a) or (b)PART 12 -- Law Society Public Purposes Trust
- 239 Terms used
- 240 Remaining interest on trust accounts to be paid to Law Society
- 241 Application of funds paid to Law Society
- 242 Legal Contribution Trust must provide copy of arrangements to Law Society
- 243 Tabling of instruments varying Law Society Public Purposes Trust Deed
PART 13 -- Law library
PART 14 -- Miscellaneous
- 247 Information sharing
- 248 Conduct that constitutes unsatisfactory professional conduct or professional misconduct
- 249 Powers of Supreme Court unaffected
- 250 Liability of principals for contravention of Act
- 251 Defect or irregularity in person’s appointment
- 252 Local regulations
- 253 Local approved forms
- 254 Delegation
- 255 Protection from liability
- 256 Certain witnesses compellable despite Uniform Law s.
- 257 Review of Act and Uniform Law
- 258 Laying documents before House of Parliament not sitting
- 259 Giving documents
PART 15 -- Repeals
- 260 Repeals
- 261 Interpretation Act 1984 not affected
PART 16 -- Transitional provisions
Division 1 -- Preliminary
Division 2 -- Provisions about Legal Profession Uniform Law (WA)
- 264 Application of particular amending Acts enacted after 21 June 2021 but before commencement day
- 265 Application of s. 15 and 16 to Uniform Regulations and Uniform Rules made after 21 June 2021 but before commencement day
- 266 Application of particular provisions of Uniform Law Sch. 4 Pt.
Division 3 -- Local regulatory bodies
- 267 Continuation of Legal Practice Board
- 268 Members of Legal Practice Board
- 269 Complaints Committee continues as Legal Services and Complaints Committee under this Act
- 270 Members of Complaints Committee
- 271 Continuation of other Legal Practice Board committees
- 272 Continuation of Law Complaints Officer
- 273 Continuation and membership of Legal Costs Committee
- 274 Continuation of Legal Costs Committee Account
- 275 Continuation and membership of Legal Contribution Trust
Division 4 -- Admission
- 276 Admission applications under old Act taken to be admission applications under this Act
- 277 Notice of objection to admission under old Act taken to be objection under Uniform Law
- 278 Status of academic qualifications obtained under old Act for Uniform Law s.
- 279 Status of approved practical legal training requirements under old Act for Uniform Law s.
- 280 Application for early consideration of suitability continues under Uniform Law
- 281 Decision of Legal Practice Board or State Administrative Tribunal about suitability continues under Uniform Law
- 282 Compliance certificate under old Act taken to be issued under Uniform Law
- 283 Applications to State Administrative Tribunal under old Act may be decided by Tribunal or Supreme Court
Division 5 -- Practitioners
- 284 Government lawyers taken to hold Australian practising certificates under Uniform Law for particular period
- 285 Persons engaging in exempt work taken to have Australian practising certificates under Uniform Law for particular period
- 286 Continuing professional development
- 287 Persons approved as QA providers under former Legal Profession Rules 2009 taken to be accredited under s.
- 288 Approvals of law courses and legal training courses continued
- 289 Experience acquired before commencement day taken to be supervised legal practice under Uniform Law s.
- 290 Exemption or reduction of requirement to engage in restricted legal practice continues under Uniform Law
- 291 Order made under s. 77 of old Act continued
- 292 State Administrative Tribunal to decide how review of particular Legal Practice Board decisions about practising certificates to be dealt with
- 293 Reviews of particular Legal Practice Board decisions about registration certificates
Division 6 -- Trust accounts
- 294 Interest earned on trust account prior to commencement
- 295 Legal Contribution Trust and ADI taken to have entered into arrangement with nominated trust authority
- 296 Investigator under old Act taken to be appointed as external investigator under Uniform Law
- 297 Current investigations and external examinations under Pt. 9 of old Act to be dealt with under old Act
- 298 External investigations of actions before commencement day
Division 7 -- Legal costs
- 299 Continuation of legal costs determinations
Division 8 -- Professional indemnity insurance
- 300 Continuation and membership of PII management committee
- 301 Continuation of PII arrangement and certificates of insurance under PII regulations
- 302 Annual contribution under old Act taken to be contribution under this Act
- 303 Policy of professional indemnity insurance approved by Bar Association taken to be Bar-approved policy
- 304 Professional indemnity insurance scheme under old Act taken to be PII scheme
- 305 Method of assessment of annual contribution under old Act taken to be method of assessment determined under this Act
- 306 Review of or appeal against annual contribution continued under this Act
- 307 Legal Practice Board taken to have granted exemption from requirement to obtain professional indemnity insurance continued in particular cases
- 308 Insurance taken out under previous legislation continues
Division 9 -- Fidelity cover
- 309 Solicitors’ Guarantee Fund continued
- 310 Continuation of Attorney General’s approvals of investments under s. 342 of old Act
- 311 Contributions to Solicitors’ Guarantee Fund
- 312 Agreed amount under s. 388 of old Act taken to be agreed amount for s.
Division 10 -- Complaints and discipline
- 313 Investigations not finalised before commencement day to be dealt with under old Act
- 314 Audit of incorporated legal practice under old Act continues under Uniform Law
- 315 Pre-commencement conduct may be investigated under Uniform Law
- 316 Review of summary conclusion decision under s. 426 of old Act after commencement day
- 317 Current reviews of Complaints Committee’s summary conclusion decision under s. 426 of old Act
- 318 Review of Complaints Committee’s decision to dismiss complaint
- 319 State Administrative Tribunal to deal with review of Complaints Committee’s decision to dismiss complaint before commencement day
- 320 Enforcing compensation orders under old Act
- 321 Compensation order under old Act taken into account in compensation under Uniform Law s.
Division 11 -- Registers
- 322 Local roll maintained under old Act taken to be Supreme Court roll for Uniform Law s.
- 323 Continuation of register of local practising certificates kept under old Act
- 324 Continuation of register of locally registered foreign lawyers kept under old Act
- 325 Continuation of Register of Disciplinary Action kept under old Act
Division 12 -- Law library
- 326 Continuation of law library
- 327 Law library contributions paid under old Act taken to be contributions under this Act
Division 13 -- Law Society Public Purposes Trust
- 328 Reference to repealed Law Society Public Purposes Trust Act 1985 taken to be to Pt.
- 329 Arrangements between Law Society and ADI under repealed Law Society Public Purposes Trust Act 1985
Division 14 -- Transitional regulations
- 330 Transitional regulations
PART 17 -- Consequential amendments to other Acts
Division 1 -- Aboriginal Affairs Planning Authority Act 1972 amended
- 331 Act amended
- 332 Section 48 amended
Division 2 -- Children and Community Services Act 2004 amended
- 333 Act amended
- 334 Section 148 amended
Division 3 -- Civil Judgments Enforcement Act 2004 amended
- 335 Act amended
- 336 Section 30 amended
Division 4 -- Civil Liability Act 2002 amended
- 337 Act amended
- 338 Section 15L amended
- 339 Section 16 amended
- 340 Section 17 amended
- 341 Various references to “legal practitioner” amended
Division 5 -- Commercial Arbitration Act 2012 amended
Division 6 -- Community Titles Act 2018 amended
- 345 Act amended
- 346 Section 3 amended
- 347 Section 117 amended
- 348 Section 137 amended
- 349 Section 182 amended
Division 7 -- District Court of Western Australia Act 1969 amended
- 350 Act amended
- 351 Section 6 amended
- 352 Section 10 amended
- 353 Section 64 amended
- 354 Section 66 amended
- 355 Section 88 amended
Division 8 -- Energy Arbitration and Review Act 1998 amended
- 356 Act amended
- 357 Section 49 replaced
- 49 Term used: Board
Division 9 -- Industrial Relations Act 1979 amended
Division 10 -- Interpretation Act 1984 amended
Division 11 -- Juries Act 1957 amended
- 362 Act amended
- 363 Section 3 amended
- 364 Section 56A amended
- 365 Section 56B amended
- 366 Section 56C amended
- 367 Schedule 1 clause 3 replaced
- 3 Legal practitioners
Division 12 -- Law Reform Commission Act 1972 amended
Division 13 -- Legal Aid Commission Act 1976 amended
- 370 Act amended
- 371 Section 4 amended
- 372 Section 7 amended
- 373 Section 14 amended
- 374 Section 17 amended
- 375 Section 18 amended
- 376 Section 19 amended
- 377 Section 20 amended
- 378 Section 25 amended
- 379 Section 39 amended
- 380 Section 40 amended
- 381 Section 50 amended
- 382 Section 52 amended
- 383 Section 56 amended
- 384 Section 61 amended
- 385 Section 64 amended
Division 14 -- Magistrates Court Act 2004 amended
Division 15 -- Prohibited Behaviour Orders Act 2010 amended
Division 16 -- Public Trustee Act 1941 amended
Division 17 -- Registration of Deeds Act 1856 amended
Division 18 -- Sale of Goods (Vienna Convention) Act 1986 amended
Division 19 -- Spent Convictions Act 1988 amended
Division 20 -- State Administrative Tribunal Act 2004 amended
- 399 Act amended
- 400 Section 3 amended
- 401 Section 93 amended
- 402 Section 117 amended
- 403 Schedule 1 amended
Division 21 -- Strata Titles Act 1985 amended
- 404 Act amended
- 405 Section 3 amended
- 406 Section 143 amended
- 407 Section 163 amended
- 408 Section 219 amended
Division 22 -- Workers’ Compensation and Injury Management Act 1981 amended
- 409 Act amended
- 410 Section 5 amended
- 411 Section 5B inserted 5B. Meaning of prohibited person
- 412 Section 87 amended
- 413 Section 182S amended
- 414 Section 195 amended
- 415 Section 263 amended
- 416 Section 264 amended
- 417 Section 268 amended
- 418 Section 269 amended
- 419 Section 271 amended
- 420 Section 277 amended
Division 23 -- Young Offenders Act 1994 amended
- 421 Act amended
- 422 Section 37A amended
- 423 Section 152 amended
Division 24 -- Other amendments
- 424 Other Acts amended Uncommenced provisions table Defined terms