South Australian Current Acts

LEGAL PRACTITIONERS ACT 1981

TABLE OF PROVISIONS

           Long Title

   PART 1--Preliminary

   1.      Short title
   5.      Interpretation
   5A.     Terms relating to associates and principals of law practices
   5B.     Home jurisdiction
   6.      Fusion of legal profession

   PART 2--The Law Society of South Australia

           Division 1--Establishment and administration of the Society

   7.      Incorporation and powers of Society
   8.      Officers and employees of Society
   9.      Council of Society
   10.     Validation of acts of Council
   11.     Management of Society's affairs
   12.     Minutes of proceedings
   13.     Society's right of audience
   14.     Rules of Society

           Division 2--The Litigation Assistance Fund

   14A.    The Litigation Assistance Fund

           Division 3--Reporting obligations

   14AB.   Certain matters to be reported by Society

   PART 2A--The Legal Practitioners Education and Admission Council and the Board of Examiners

           Division 1--The Legal Practitioners Education and Admission Council

   14B.    Establishment of LPEAC
   14C.    Functions of LPEAC
   14D.    Conditions of membership
   14E.    Procedures of LPEAC
   14F.    Validity of acts and immunity of members
   14G.    Advisory Committees
   14H.    Annual report

           Division 2--The Board of Examiners

   14I.    Establishment of Board of Examiners
   14J.    Functions of Board of Examiners
   14K.    Procedures of Board of Examiners
   14L.    Validity of acts and immunity of members

   PART 3--The practice of the law

           Division 1--Admission and enrolment of legal practitioners

   15.     Entitlement to admission

           Division 2--Practising certificates

   16.     Issue of practising certificate
   17.     Restriction on issue of practising certificates in certain cases
   17A.    Conditions as to training etc
   18.     Term and renewal of practising certificates
   19.     Insurance requirements
   20.     Register of practising certificates
   20AA.   Endorsement of conditions on practising certificates

           Division 2A--Amendment, suspension or cancellation of practising certificates

   20AB.   Application of Division
   20AC.   Grounds for amending, suspending or cancelling practising certificate
   20AD.   Amending, suspending or cancelling practising certificates
   20AE.   Operation of amendment, suspension or cancellation of practising certificate
   20AF.   Revocation of amendment, suspension or cancellation of practising certificate

           Division 2B--Special powers in relation to practising certificates--show cause events

   20AG.   Applicant for practising certificate--show cause event
   20AH.   Holder of practising certificate--show cause event
   20AI.   Refusal, amendment, suspension or cancellation of practising certificate--failure to show cause

           Division 2C--Further provisions relating to practising certificates

   20AJ.   Immediate suspension of practising certificate
   20AK.   Surrender and cancellation of practising certificate

           Division 3--Entitlement to practise etc

   21.     Entitlement to practise
   22.     Practising while under suspension etc
   23.     Unlawful representation
   23AA.   Employment of disqualified person

           Division 3A--Provisions relating to interstate legal practice

   23A.    Interstate legal practitioners to be officers of Court
   23B.    Limitations or conditions on practice under laws of participating States
   23C.    Additional conditions on practice of interstate legal practitioners
   23D.    Notification of establishment of office required

           Division 3B--Provisions relating to community legal centres

   23E.    Community legal centres
   23F.    Obligations and privileges of practitioners who are officers or employees
   23G.    Undue influence
   23H.    Application of legal profession rules
   23I.    Costs

           Division 4--Provisions regulating legal practice by corporations

   24.     Application of Schedule 1

           Division 4A--Provisions regulating the practise of foreign law

   24A.    Application of Schedule 1A

           Division 5--Provisions regulating trust money and trust accounts

   25.     Application of Schedule 2

           Division 6--Delivery up of legal papers

   39.     Delivery up of legal papers

           Division 7--Authority of a legal practitioner to act on behalf of a person of unsound mind

   40.     Authority of legal practitioner or foreign lawyer to act on behalf of person of unsound mind

           Division 8--Costs disclosure and adjudication

   41.     Application of Schedule 3

           Division 9--Appointment of supervisors and managers

   43A.    Interpretation
   44.     Control over trust accounts of legal practitioners
   45.     Appointment of manager
   46.     Appeal against appointment of supervisor or manager
   47.     Application for directions
   48.     Remuneration etc of persons appointed to exercise powers conferred by this Division

           Division 10--Restriction on practice if corporation wound up

   49.     Supreme Court may grant authority permitting director to practise

           Division 11--Right of personal representative etc to carry on legal practice

   50.     Supreme Court may authorise personal representative etc to carry on legal practice

           Division 12--Right of audience

   51.     Right of audience

           Division 13--Professional indemnity insurance scheme

   52.     Professional indemnity insurance scheme
   52AA.   Professional indemnity insurance required by interstate practitioners etc
   52AAB.  Professional indemnity insurance where no office established in this State

           Division 14--Miscellaneous

   52A.    Rules of Supreme Court may assign functions or powers

   PART 4--The combined trust account and other related accounts

           Division 1--The combined trust account

   52B.    Application to incorporated legal practices
   53.     Duty to deposit trust money in combined trust account
   55.     Immunity from liability

           Division 2--The statutory interest account

   56.     Statutory interest account

           Division 3--Legal Practitioners Fidelity Fund

   57.     Fidelity Fund

           Division 4--Miscellaneous

   57A.    Payment of interest accruing on trust accounts
   58.     Accounts and audit
   59.     Power to borrow for purposes of this Part

   PART 5--Claims against Fidelity Fund

   60.     Claims
   60A.    Personal representative may make claim
   61.     Limitation of claims
   62.     Power to require evidence
   63.     Establishment of validity of claims
   64.     Satisfaction of claims
   64A.    Advance payments
   65.     Rights of the Society
   66.     Claims by legal practitioners and incorporated legal practices
   67.     Insurance in respect of claims against Fidelity Fund
   67A.    Annual report

   PART 6--Investigations, inquiries and disciplinary proceedings

           Division 1--Preliminary

   67B.    Application of Part
   68.     Unsatisfactory professional conduct
   69.     Professional misconduct
   70.     Conduct capable of constituting unsatisfactory professional conduct or professional misconduct

           Division 2--Legal Profession Conduct Commissioner

              Subdivision 1--Legal Profession Conduct Commissioner

   71.     Legal Profession Conduct Commissioner
   72.     Functions
   73.     Terms and conditions of appointment
   74.     Acting Commissioner
   75.     Honesty and accountability
   76.     Staff of Commissioner
   77.     Delegation
   77A.    Exchange of information between Commissioner and Council

              Subdivision 2--Investigation of unsatisfactory professional conduct and professional misconduct

   77B.    Investigations by Commissioner
   77C.    Closure of whole or part of complaint
   77D.    Notification of complaint to practitioner
   77E.    Submissions by legal practitioner
   77F.    Exceptions to requirement for notification of complaint

              Subdivision 3--Action following investigation

   77G.    Interpretation
   77H.    Report on investigation
   77I.    Commissioner to notify persons of suspected loss
   77J.    Powers of Commissioner to deal with certain unsatisfactory professional conduct or professional misconduct
   77K.    Appeal against determination of Commissioner
   77L.    Commissioner must lay charge in certain circumstances
   77M.    Commissioner to provide reasons

              Subdivision 4--Complaints of overcharging

   77N.    Investigation of allegation of overcharging

              Subdivision 5--Conciliation

   77O.    Commissioner may conciliate complaints

           Division 3--The Legal Practitioners Disciplinary Tribunal

   78.     Establishment of Tribunal
   79.     Conditions of membership
   80.     Constitution and proceedings of Tribunal
   81.     Validity of acts of the Tribunal and immunity of its members

           Division 4--Proceedings before the Tribunal

   82.     Inquiries
   83.     Notice of inquiry
   84.     Powers of Tribunal
   84A.    Proceedings to be generally in public
   84B.    Tribunal's proceedings to be privileged
   84C.    Stay of proceedings
   85.     Costs
   86.     Appeal
   87.     Operation of order may be suspended
   88.     Rules of the Tribunal

           Division 5--Disciplinary proceedings before the Supreme Court

   88A.    Supreme Court's inherent jurisdiction
   89.     Proceedings before Supreme Court
   89A.    Court may order interim suspension of legal practitioner or impose interim conditions

           Division 6--Publicising disciplinary action

   89B.    Definitions
   89C.    Register of Disciplinary Action
   89D.    Other means of publicising disciplinary action
   89E.    Quashing of disciplinary action
   89F.    Liability for publicising disciplinary action
   90.     General

           Division 6A--Provisions relating to interstate legal practice

   90AA.   Conduct of local legal practitioners outside State
   90AB.   Conduct not to be the subject of separate proceedings
   90AC.   Referral or request for investigation of matter to regulatory authority in participating State
   90AD.   Dealing with matter following referral or request by regulatory authority in participating State
   90AE.   Furnishing information
   90AF.   Local legal practitioners are subject to interstate regulatory authorities

           Division 7--Annual reports

   90A.    Annual reports

           Division 8--Professional mentoring agreements

   90B.    Professional mentoring agreements

   PART 7--Appointment of Senior Counsel, Queen's Counsel etc

   91.     Appointment of Senior Counsel
   92.     Appointment of Queen's Counsel etc
   93.     Revocation and resignation of appointments

   PART 8--Miscellaneous

   95.     Application of certain revenues
   95AA.   Agreements and arrangements with other regulatory authorities
   95A.    Inspection of documents
   95B.    False or misleading information
   95BA.   Mortgage financing
   95C.    Self-incrimination and legal professional privilege
   95D.    Service of notices and documents
   95E.    Wills register
   96.     Summary offences
   97.     Regulations
   98.      Review of operation of Act in relation to barristers
           SCHEDULE 1--Incorporated legal practices
           SCHEDULE 1A--Foreign lawyers
           SCHEDULE 2--Trust money and trust accounts
           SCHEDULE 3--Costs disclosure and adjudication
           SCHEDULE 4--Investigatory powers
           SCHEDULE 5--Transitional provisions
           Legislative history