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LEGAL PROFESSION UNIFORM LAW (NSW) - SECT 331
Role of supervisor of trust money
331 Role of supervisor of trust money
(1) A supervisor of trust money of a law practice has the powers and other
functions of the law practice in relation to the trust money, including
powers-- (a) to receive trust money entrusted to the practice; and
(b) to
open and close trust accounts.
(2) For the purpose of exercising his or her
powers and other functions under subsection (1), the supervisor may exercise
any or all of the following powers-- (a) to enter and remain on premises used
by the law practice for or in connection with its engaging in legal practice;
(b) to require the law practice or an associate or former associate of the law
practice or any other person who has or had control of documents relating to
trust money received by the law practice to give the supervisor either or both
of the following-- (i) access to the files and documents the supervisor
reasonably requires;
(ii) information relating to the trust money the
supervisor reasonably requires;
(c) to operate equipment or facilities on the
premises, or to require any person on the premises to operate equipment or
facilities on the premises, for a purpose relevant to his or her appointment;
(d) to take possession of any relevant material and retain it for as long as
may be necessary;
(e) to secure any relevant material found on the premises
against interference, if the material cannot be conveniently removed;
(f) to
take possession of any computer equipment or computer program reasonably
required for a purpose relevant to his or her appointment.
(3) If the
supervisor takes anything from the premises, the supervisor must issue a
receipt in a form approved by the designated local regulatory authority and--
(a) if the occupier or a person apparently responsible to the occupier is
present at or near the premises, give it to him or her; or
(b) otherwise,
leave it at the premises in an envelope addressed to the occupier.
(4) This
section applies to trust money held by the law practice before the supervisor
is appointed, as well as to trust money received afterwards.
(5) The
supervisor does not have a role in the management of the affairs of the law
practice except insofar as the affairs relate to a trust account of the law
practice.
(6) The supervisor may enter and remain on premises under
subsection (2)(a) only-- (a) during normal business hours; or
(b) during
other hours with the consent of the occupier of the premises.
(7) The
supervisor must not enter premises under subsection (2)(a) unless, before the
entry, he or she has produced for inspection by the occupier-- (a) the
supervisor's notice of appointment; and
(b) a form of identification that
includes the supervisor's photograph and signature.
(8) However, if the
supervisor is refused access to the premises or the premises are unoccupied
and the supervisor considers that entry is necessary to prevent destruction of
documents or for another urgent reason, the supervisor may use whatever
appropriate force is necessary to enter the premises and may be accompanied by
a member of the police force to assist entry.
(9) The supervisor must take
all reasonable steps to return any material to the person entitled to it as
soon as it is no longer required for the purpose of the supervisor's
functions.
(10) If the supervisor takes possession of-- (a) a document, disk,
tape or other thing that can be readily copied; or
(b) a storage device, the
information in which can be readily copied--
under this section, the
supervisor (on request by the occupier, a principal of a law practice or a
person from whom it was taken) must give a copy of the thing or information to
that person as soon as practicable after taking possession of it.
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