LEGAL PROFESSION ACT 2007

Tasmanian Consolidated Acts

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- Act 24 of 2007
- Royal Assent 15 August 2007

TABLE OF PROVISIONS

Long Title

CHAPTER 1 - Introduction

PART 1.1 - Preliminary

1. Short title
2. Commencement
3. Purposes

PART 1.2 - Interpretation

4. Interpretation
5. Terms relating to lawyers
6. Terms relating to legal practitioners
7. Terms relating to associates and principals of law practices
8. Home jurisdiction
9. Suitability matters
10. Information notices
11. References to convictions for offences

CHAPTER 2 - General requirements for engaging in legal practice

PART 2.1 - Reservation of Legal Work and Legal Titles

Division 1 - Preliminary

12. Purposes

Division 2 - General prohibitions on unqualified practice

13. Prohibition on engaging in legal practice when not entitled
14. Prohibition on representing or advertising entitlement to engage in legal practice when not entitled
15. Presumptions about taking or using name, title or description specified in regulations

Division 3 - Prohibitions regarding associates and non-legal partners

16. Definition
17. Associates who are disqualified or convicted persons
18. Appeal by law practice or lay associate
19. Prohibition on employment of certain lay associates
20. Proceedings on prohibition orders
21. Register of approvals and prohibition orders

Division 4 - General

22. Professional discipline

PART 2.2 - Admission of Local Lawyers

Division 1 - Preliminary

23. Purposes
24. Definitions

Division 2 - Eligibility and suitability for admission

25. Eligibility for admission
26. Suitability for admission
27. Early consideration of suitability
28. Binding effect of declaration or order
29. Entitlement to be represented, heard and make representations

Division 3 - Admission to the legal profession

30. Notice of intention to apply for admission
31. Admission
32. Objection to admission
33. Terms and conditions of admission
34. Oath on admission
35. Roll of local lawyers
36. Certificate of admission
37. Local lawyer is officer of Supreme Court

Division 4 - Admission rules

38. Admission rules

PART 2.3 - Legal Practice by Australian Legal Practitioners

Division 1 - Preliminary

39. Purposes

Division 2 - Legal practice in this jurisdiction by Australian legal practitioners

40. Entitlement of holder of Australian practising certificate to practise in this jurisdiction
41. Lawyers entitled to practise without practising certificate

Division 3 - Local practising certificates generally

42. Local practising certificates
43. Suitability to hold local practising certificate
44. Duration of local practising certificate
45. Requirement for professional indemnity insurance
46. Continuing obligation for professional indemnity insurance for local practising certificate
47. Local legal practitioner is officer of Supreme Court

Division 4 - Grant or renewal of local practising certificates

48. Application for grant or renewal of local practising certificate
49. Manner of application and fees
50. Advice relating to grant or renewal of local practising certificates
51. Timing of application for renewal of local practising certificate
52. Late fee
53. Grant or renewal of local practising certificate
54. Advice to Board of grant, renewal or refusal to grant or renew local practising certificate

Division 5 - Conditions on local practising certificates

55. Conditions generally
56. Conditions imposed by prescribed authority
57. Imposition or variation of conditions pending criminal proceedings
58. Statutory condition regarding conditions imposed on interstate admission
59. Statutory condition regarding legal practice
60. Statutory condition regarding notification of offence
61. Conditions imposed by legal profession rules
62. Compliance with conditions

Division 6 - Amendment, suspension or cancellation of local practising certificates

63. Application of this Division
64. Grounds for amending, suspending or cancelling local practising certificate
65. Amending, suspending or cancelling local practising certificate
66. Advice to Board of decision to amend, suspend or cancel local practising certificate
67. Operation of amendment, suspension or cancellation of local practising certificate
68. Immediate suspension of local practising certificate
69. Advice to Board of immediate suspension of local practising certificate and revocation of suspension
70. Other ways of amending or cancelling local practising certificate
71. Relationship of this Division with Chapter 4

Division 7 - Special powers in relation to local practising certificates – show cause events

72. Applicant for local practising certificate – show cause event
73. Holder of local practising certificate – show cause event
74. Refusal, amendment, suspension or cancellation of local practising certificate – failure to show cause
75. Restriction on making further applications
76. Relationship of this Division with Chapter 4

Division 8 - Further provisions relating to local practising certificates

77. Surrender and cancellation of local practising certificate
78. Return of local practising certificate

Division 9 - Interstate legal practitioner

79. Requirement for professional indemnity insurance
80. Extent of entitlement of interstate legal practitioner to practise in this jurisdiction
81. Additional conditions on practice of interstate legal practitioners
82. Special provisions about interstate legal practitioner engaging in unsupervised legal practice in this jurisdiction
83. Interstate legal practitioner is an officer of Supreme Court

Division 10 - Appeals

84. Appeal against decisions about local practising certificates
85. Appeal against decisions about interstate legal practitioners

Division 11 - Miscellaneous

86. Protocols
87. Consideration and investigation of applicants or holders
88. Register of local practising certificates
89. Holders of local practising certificates as barristers
90. Supreme Court orders about conditions
91. Government lawyers of other jurisdictions
92. Fees
93. Refund of fees

PART 2.4 - Inter-jurisdictional Provisions Regarding Admission and Practising Certificates

Division 1 - Preliminary

94. Purpose
95. Definition
96. Other requirements not affected

Division 2 - Notifications to be given by local authorities to interstate authorities

97. Official notification to other jurisdictions of applications for admission and associated matters
98. Official notification to other jurisdictions of removal from local roll
99. Prescribed authority to notify other jurisdictions of certain matters

Division 3 - Notifications to be given by lawyers to local authorities

100. Lawyer to give notice of removal in another jurisdiction
101. Lawyer to give notice of interstate orders
102. Lawyer to give notice of foreign regulatory action
103. Provisions relating to requirement to notify

Division 4 - Taking of action by local authorities in response to notifications received

104. Peremptory removal of local lawyer's name from local roll following removal in another jurisdiction
105. Peremptory cancellation of local practising certificate following removal of name from interstate roll
106. Show cause procedure for removal of lawyer's name from local roll following foreign regulatory action
107. Show cause procedure for cancellation of local practising certificate following foreign regulatory action
108. Order for non-removal of name or non-cancellation of local practising certificate
109. Local authority may give information to other local authorities

PART 2.5 - Incorporated Legal Practices and Multi-disciplinary Partnerships

Division 1 - Preliminary

110. Purposes
111. Definitions

Division 2 - Incorporated legal practices

112. Nature of incorporated legal practice
113. Non-legal services and businesses of incorporated legal practices
114. Corporations eligible to be incorporated legal practices
115. Notice of intention to start providing legal services
116. Prohibition on representations that corporation is incorporated legal practice
117. Notice of termination of provision of legal services
118. Incorporated legal practice must have legal practitioner director
119. Obligations of legal practitioner director relating to misconduct
120. Incorporated legal practice without legal practitioner director
121. Obligations and privileges of practitioners who are officers or employees
122. Conflicts of interest
123. Disclosure obligations
124. Effect of non-disclosure of provision of certain services
125. Application of legal profession rules
126. Requirements relating to advertising
127. Extension of vicarious liability relating to failure to account, pay or deliver and dishonesty to incorporated legal practices
128. Sharing of receipts, revenue or other income
129. Disqualified persons
130. Audit of incorporated legal practices
131. Application of Chapter 6
132. Banning of incorporated legal practices
133. Disqualification from managing incorporated legal practice
134. Disclosure of information to Australian Securities and Investments Commission
135. External administration proceedings under Corporations Act 2001 of the Commonwealth
136. External administration proceedings under other legislation
137. Incorporated legal practice that is subject to receivership under this Act and external administration under Corporations Act 2001 of the Commonwealth
138. Incorporated legal practice that is subject to receivership under this Act and external administration under other legislation
139. Co-operation between courts
140. Relationship of Act to constitution of incorporated legal practice
141. Relationship of Act to legislation establishing incorporated legal practice
142. Relationship of Act to Corporations legislation
143. Undue influence

Division 3 - Multi-disciplinary partnerships

144. Nature of multi-disciplinary partnership
145. Conduct of multi-disciplinary partnerships
146. Notice of intention to start practice in multi-disciplinary partnership
147. General obligations of legal practitioner partners
148. Obligations of legal practitioner partner relating to misconduct
149. Actions of partner who is not an Australian legal practitioner
150. Obligations and privileges of practitioners who are partners or employees
151. Conflicts of interest
152. Disclosure obligations
153. Effect of non-disclosure of provision of certain services
154. Application of legal profession rules
155. Requirements relating to advertising
156. Sharing of receipts, revenue or other income
157. Disqualified persons
158. Prohibition on partnerships with certain partners who are not Australian legal practitioners
159. Undue influence

Division 4 - Miscellaneous

160. Obligations of individual practitioners not affected
161. Regulations

PART 2.6 - Legal Practice by Foreign Lawyers

Division 1 - Preliminary

162. Purpose
163. Definitions
164. This Part does not apply to Australian legal practitioners

Division 2 - Practice of foreign law

165. Requirement for registration
166. Entitlement of Australian-registered foreign lawyer to practise in this jurisdiction
167. Scope of practice
168. Form of practice
169. Application of Australian professional ethical and practice standards
170. Designation
171. Letterhead and other identifying documents
172. Advertising
173. Foreign lawyer employing Australian legal practitioner
174. Trust money and trust accounts
175. Professional indemnity insurance
176. Guarantee Fund

Division 3 - Local registration of foreign lawyers generally

177. Local registration of foreign lawyers
178. Duration of registration
179. Locally registered foreign lawyer is not officer of Supreme Court

Division 4 - Applications for grant or renewal of local registration

180. Application for grant or renewal of registration
181. Manner of application
182. Requirements regarding applications for grant or renewal of registration

Division 5 - Grant or renewal of registration

183. Grant or renewal of registration
184. Requirement to grant or renew registration if criteria satisfied
185. Refusal to grant or renew registration

Division 6 - Amendment, suspension or cancellation of local registration

186. Application of this Division
187. Grounds for amending, suspending or cancelling registration
188. Amending, suspending or cancelling registration
189. Operation of amendment, suspension or cancellation of registration
190. Other ways of amending or cancelling registration
191. Relationship of this Division with Chapter 4

Division 7 - Special powers in relation to local registration – show cause events

192. Applicant for local registration – show cause event
193. Locally registered foreign lawyer – show cause event
194. Refusal, amendment, suspension or cancellation of local registration – failure to show cause
195. Restriction on making further applications
196. Relationship of this Division with Chapter 4

Division 8 - Further provisions relating to local registration

197. Immediate suspension of registration
198. Surrender of local registration certificate and cancellation of registration
199. Automatic cancellation of registration on grant of practising certificate
200. Suspension or cancellation of registration not to affect disciplinary processes
201. Return of local registration certificate on amendment, suspension or cancellation of registration

Division 9 - Conditions on registration

202. Conditions generally
203. Conditions imposed by domestic registration authority
204. Imposition or variation of conditions pending criminal proceedings
205. Statutory condition regarding notification of offence
206. Conditions imposed by legal profession rules
207. Compliance with conditions

Division 10 - Interstate-registered foreign lawyers

208. Extent of entitlement of interstate-registered foreign lawyer to practise in this jurisdiction
209. Additional conditions on practice of interstate-registered foreign lawyers

Division 11 - Miscellaneous

210. Consideration and investigation of applicants and locally registered foreign lawyers
211. Register of locally registered foreign lawyers
212. Publication of information about locally registered foreign lawyers
213. Supreme Court orders about conditions
214. Exemption by domestic registration authority
215. Membership of professional association
216. Refund of fees
217. Appeals

PART 2.7 - Community Legal Centres

218. Community legal centres
219. Application of legal profession rules

CHAPTER 3 - Conduct of legal practice

PART 3.1 - Legal Profession Rules

Division 1 - Preliminary

220. Purpose

Division 2 - Rules for Australian legal practitioners and Australian-registered foreign lawyers

221. Rules for Australian legal practitioners
221A. Rules for barristers
222. Rules for Australian-registered foreign lawyers
223. Subject matter of legal profession rules
224. Prior consultation with professional associations and Board
225. Public notice of proposed legal profession rules

Division 3 - Rules for incorporated legal practices and multi-disciplinary partnerships

226. Rules

Division 4 - General

227. Binding nature of legal profession rules
228. Availability of rules
229. Rule-making procedure

PART 3.2 - Trust Money and Trust Accounts

Division 1 - Preliminary

230. Purposes
231. Interpretation
232. Money involved in financial services or investments
233. Determinations about status of money
234. Application of Part to law practices and trust money
235. Protocols for determining where trust money is received
236. When money is received
237. Discharge by legal practitioner associate of obligations of law practice
238. Liability of principals of law practice
239. Former practices, principals and associates
240. Barristers not to receive money on behalf of other person

Division 2 - Trust accounts and trust money

241. Maintenance of general trust account
242. Certain trust money to be deposited in general trust account
243. Holding, disbursing and accounting for trust money
244. Manner of withdrawal of trust money from general trust account
245. Controlled money
246. Manner of withdrawal of controlled money from controlled money account
247. Transit money
248. Trust money subject to specific powers
249. Trust money received in the form of cash
250. Protection of trust money
251. Intermixing money
252. Dealing with trust money: legal costs and unclaimed money
253. Deficiency in trust account
254. Reporting certain irregularities and suspected irregularities
255. Keeping trust records
256. False names

Division 3 - Unclaimed money

257. Register of unclaimed money
258. Unclaimed money
259. Claims for unclaimed money

Division 4 - Investigations

260. Appointment of investigators
261. Investigations
262. Application of Chapter 6
263. Investigator’s report
264. When costs of investigation are debt

Division 5 - External examinations

265. Designation of external examiners
266. Trust records to be externally examined
267. Examination of affairs in connection with examination of trust records
268. Designation and appointment of associates as external examiners
269. Final examination of trust records
270. Carrying out examination
271. External examiner’s report
272. Law practice liable for costs of examination

Division 6 - Provisions relating to ADIs

273. Approval of ADIs
274. ADI not subject to certain obligations and liabilities
275. Reports, records and information

Division 7 - Miscellaneous provisions

276. Restrictions on receipt of trust money
277. Application of Part to incorporated legal practices and multi-disciplinary partnerships
278. Application of Part to community legal centres
279. Disclosure to clients – money not received or held as trust money
280. Disclosure of accounts used to hold money entrusted to law practice or legal practitioner associate
281. Regulations

PART 3.3 - Costs Disclosure and Assessment

Division 1 - Preliminary

282. Purposes
283. Definitions
284. Terms relating to third party payers

Division 2 - Application of this Part

285. Application of Part – first instructions rule
286. Part also applies by agreement or at client’s election
287. Displacement of Part
288. How and where does a client first instruct a law practice?
289. How and when does a matter have a substantial connection with this jurisdiction?
290. What happens when different laws apply to a matter?

Division 3 - Costs disclosure

291. Disclosure of costs to clients
292. Disclosure of other information to clients
293. Disclosure if another law practice is to be retained
294. How and when must disclosure be made?
295. Exceptions to requirement for disclosure
296. Additional disclosure – settlement of litigious matters
297. Additional disclosure – uplift fees
298. Form of disclosure
299. Ongoing obligation to disclose
300. Effect of failure to disclose
301. Progress reports
302. Disclosure to associated third party payers

Division 4 - Legal costs generally

303. On what basis are legal costs recoverable?
304. Security for legal costs
305. Interest on unpaid legal costs

Division 5 - Costs agreements

306. Making costs agreements
307. Conditional costs agreements
308. Conditional costs agreements involving uplift fees
309. Contingency fees prohibited
310. Effect of costs agreement
311. Certain costs agreements void
312. Setting aside costs agreements

Division 6 - Billing

313. Legal costs cannot be recovered unless bill has been given
314. Bills
315. Notification of client’s rights
316. Request for itemised bill
317. Interim bills

Division 7 - Costs assessment

318. Definition
319. Application by clients or third party payers for costs assessment
320. Application for costs assessment by law practice retaining another law practice
321. Application for costs assessment by law practice giving bill
322. How to make an application for costs assessment
323. Consequences of application
324. Persons to be notified of application
325. Procedure on assessment
326. Powers of costs assessor
327. Criteria for assessment
328. Assessment of costs by reference to costs agreement
329. Assessment of costs by reference to scale of costs
330. Outcome of assessment
331. Costs of assessment
332. Referral for disciplinary action
333. Objections to outcome of assessment
334. Review of costs assessor's decision by Supreme Court
335. Interim certificate
336. Enforcement of certificate of assessment
337. Interest on amount outstanding
338. Contracting out of Division by sophisticated clients
339. Regulations

Division 8 - Miscellaneous

340. Application of Part to incorporated legal practices and multi-disciplinary partnerships
341. Imputed acts, omission or knowledge

PART 3.4 - Professional Indemnity Insurance

342. Purpose
343. Law practices required to insure
344. Barristers required to insure
345. Australian-registered foreign lawyers required to insure
346. Exemption from insurance requirements
347. Indemnity rules
348. Rule-making procedure

PART 3.5 - Solicitors' Guarantee Fund

Division 1 - Preliminary

349. Purpose
350. Definitions
351. Time of default

Division 2 - Solicitors' Trust income

352. Deposit of trust money into designated trust deposit account
353. Withdrawals
354. Claim on trust deposit account
355. Interest on trust account
356. Division does not apply to controlled money accounts
357. Trust to invest interest

Division 3 - Solicitors' Guarantee Fund

358. Solicitors' Guarantee Fund
359. Minister to approve funding
360. Insurance
361. Application to Minister for payment from Guarantee Fund
362. Borrowing
363. Investment of funds of Guarantee Fund

Division 4 - Defaults to which this Part applies

364. Meaning of "relevant jurisdiction"
365. Defaults to which this Part applies
366. Defaults relating to financial services or investments

Division 5 - Prohibition on withdrawal of property

367. Prohibition on withdrawal of certain property
368. Appeal against prohibition on withdrawal of certain property

Division 6 - Claims about defaults

369. Default order
370. Advertisements
371. Claims about defaults
372. Time limit for making claims
373. Time limit for making claims following advertisement
374. Claims not affected by certain matters
375. Vesting of rights in Trust
376. Investigation of claims
377. Advance payments

Division 7 - Determination of claims

378. Determination of claims
379. Claimant required to pursue claims, &c.
380. Maximum amount allowable
381. Costs
382. Interest
383. Reduction of claim because of other benefits
384. Subrogation
385. Repayment of certain amounts
386. Notification of delay in making decision
387. Notification of decision
388. Appeal against decision on claim
389. Appeal against failure to determine claim
390. Court proceedings

Division 8 - Payments from Guarantee Fund for defaults

391. Payments for defaults
392. Caps on payments
393. Sufficiency of Guarantee Fund
394. Law practice to reimburse Guarantee Fund

Division 9 - Claims by law practices or associates

395. Claims by law practices or associates about defaults
396. Claims by law practices or associates about notional defaults

Division 10 - Defaults involving interstate elements

397. Concerted interstate defaults
398. Defaults involving interstate elements where committed by one associate only

Division 11 - Inter-jurisdictional provisions

399. Protocols
400. Forwarding of claims
401. Investigation of defaults to which this Part applies
402. Investigation of defaults to which a corresponding law applies
403. Investigation of concerted interstate defaults and other defaults involving interstate elements
404. Recommendations by Trust to corresponding authorities
405. Recommendations to and decisions by Trust after receiving recommendations from corresponding authorities
406. Request to another jurisdiction to investigate aspects of claim
407. Request from another jurisdiction to investigate aspects of claim
408. Co-operation with other authorities

Division 12 - Miscellaneous

409. Interstate legal practitioner becoming authorised to withdraw from local trust account
410. Application of Part to incorporated legal practices
411. Application of Part to multi-disciplinary partnerships
412. Application of Part to sole practitioner whose practising certificate lapses

PART 3.6 - Mortgage Investment Schemes

413. Prohibition regarding mortgage schemes
414. Mortgage investment schemes do not form part of law practice
415. Involvement of Australian legal practitioners in mortgage investment schemes
416. Regulations and rules

CHAPTER 4 - Complaints and discipline

PART 4.1 - Complaints and Discipline – Introduction and Application

Division 1 - Preliminary

417. Purposes
418. Definitions
419. Application of Chapter to lawyers, former lawyers and former practitioners
420. Unsatisfactory professional conduct
421. Professional misconduct
422. Conduct capable of constituting unsatisfactory professional conduct or professional misconduct

Division 2 - Application of Chapter

423. Practitioners to whom this Chapter applies
424. Conduct to which this Chapter applies – generally
425. Conduct to which this Chapter applies – insolvency, serious offences and tax offences

PART 4.2 - Complaints about Australian Legal Practitioners

426. Complaints
427. Making of complaints
428. Complaints made more than 3 years after conduct concerned
429. Further information and verification
430. Practitioner to be notified of complaint
431. Submissions by practitioner
432. Board to advise prescribed authority of complaint
432A. Delivery up of documents
433. Summary dismissal of complaints
434. Withdrawal of complaints
435. Board to advise prescribed authority of dismissal or withdrawal

PART 4.3 - Mediation

436. Mediation of complaints
437. Facilitation of mediation
438. Admissibility of evidence and documents
439. Protection from liability

PART 4.4 - Investigation of Complaints

440. Complaints to be investigated
441. Timeframe for investigation of complaints
442. Appointment of investigator
443. Application of Chapter 6 (Investigatory powers)
444. Report to complainant
445. Referral of matters relating to professional misconduct
446. Interim order for suspension or non-issue of practising certificate
447. Board to advise prescribed authority of outcome of investigation
448. Other investigations
449. Referral of matters for costs assessment

PART 4.5 - Complaints

450. Powers of Board after investigation
451. Dismissal of complaint
452. Board to advise prescribed authority of decision
453. Hearings of Board under this Chapter
454. Determination of Board
455. Application to Tribunal relating to compensation orders
456. Procedure for less serious complaint
457. Notice of determination
458. Application against determinations
459. Record of decision

PART 4.6 - General Procedural Matters

460. Rules of procedural fairness
461. Duty to deal with complaints efficiently and expeditiously
461A. Dismissal of part of complaint
462. Complainant and practitioner to be informed of action taken

PART 4.7 - Proceedings in Disciplinary Tribunal

Division 1 - Preliminary

463. Definitions

Division 2 - Applications and procedure

464. Applications to Tribunal
464A. Federal diversity jurisdiction
465. Further information and verification
466. Powers of Tribunal
467. Procedure at hearing of application
468. Evidence of conviction and sentence
469. Early termination of proceedings before Tribunal

Division 3 - Orders of Tribunal

470. Orders of Tribunal generally
471. Orders of Tribunal requiring official implementation in this jurisdiction
472. Orders of Tribunal requiring official implementation in another jurisdiction
473. Orders of Tribunal requiring compliance by practitioner
474. Ancillary or other orders of Tribunal
475. Alternative finding of Tribunal
476. Fines ordered by Tribunal
477. Reprimands
478. Interlocutory and interim orders of Tribunal
479. Consent orders
480. Compliance with determinations and orders of Tribunal
481. Cost orders of Tribunal

Division 4 - Miscellaneous

482. Notification of result of proceedings, &c., before Tribunal
483. Other remedies not affected

Division 5 - Appeals

484. Appeals against orders of Tribunal
485. Hearing and determination of appeal

PART 4.8 - Disciplinary Proceedings before Supreme Court

486. Applications to Supreme Court
487. Determination of application
488. Orders pending determination of complaint
489. Supreme Court to notify Board

PART 4.9 - Compensation

490. Request by complainant for compensation order
491. Compensation orders
492. Prerequisites to making of compensation orders
493. Making of compensation orders
494. Enforcement of compensation orders
495. Other remedies not affected

PART 4.10 - Publicising Disciplinary Action

496. Definitions
497. Register of Disciplinary Action
498. Other means of publicising disciplinary action
499. Quashing of disciplinary action
500. Liability for publicising disciplinary action
501. Disciplinary action taken where infirmity, injury or illness is involved
502. General

PART 4.11 - Inter-jurisdictional Provisions

503. Protocols
504. Request to another jurisdiction to investigate complaint
505. Request from another jurisdiction to investigate complaint
506. Sharing of information with corresponding authorities
507. Co-operation with other authorities
508. Compliance with recommendations or orders made under corresponding laws
509. Other functions or powers not affected

PART 4.12 - Complaints and Discipline – Miscellaneous

510. Jurisdiction of Supreme Court
511. Information about complaints procedure
512. Referral of matter involving crimes
513. Failure to comply with orders
514. Complainant does not incur personal liability
515. Protection from liability
516. Confidentiality of client communications
517. Claims of privilege
518. Waiver of privilege or duty of confidentiality

CHAPTER 5 - External intervention

PART 5.1 - External Intervention – Preliminary

519. Purpose
520. Interpretation
521. Application of Chapter to Australian-registered foreign lawyers
522. Application of Chapter to other persons

PART 5.2 - Initiation of External Intervention

523. Circumstances warranting external intervention
524. Determination regarding external intervention

PART 5.3 - Supervisors of Trust Money

525. Appointment of supervisor of trust money
526. Notice of appointment
527. Effect of service of notice of appointment
528. Role of supervisor of trust money
529. Records of and dealing with trust money of law practice under supervision
530. Termination of supervisor's appointment

PART 5.4 - Managers

531. Appointment of manager
532. Notice of appointment
533. Effect of service of notice of appointment
534. Role of manager
535. Records and accounts of law practice under management and dealings with trust money
536. Deceased estates
537. Termination of manager’s appointment

PART 5.5 - Receivers

538. Appointment of receiver by Supreme Court
539. Notice of appointment
540. Effect of service of notice of appointment
541. Role of receiver
542. Records and accounts of law practice under receivership and dealings with trust money
543. Power of receiver to take possession of regulated property
544. Power of receiver to take delivery of regulated property
545. Power of receiver to deal with regulated property
546. Power of receiver to require documents or information
547. Examinations
548. Lien for costs on regulated property
549. Regulated property not to be attached
550. Recovery of regulated property where there has been a breach of trust, &c.
551. Improperly destroying property, &c.
552. Deceased estates
553. Termination of receiver’s appointment

PART 5.6 - External Intervention – General

554. Conditions on appointment of external intervener
555. Status of acts of external intervener
556. Eligibility for reappointment or authorisation
557. Appeal against appointment
558. Directions of Supreme Court
559. Manager and receiver appointed for law practice
560. ADI disclosure requirements
561. Fees, legal costs and expenses
562. Reports by external intervener
563. Confidentiality
564. Provisions relating to requirements under this Part
565. Obstruction of external intervener
566. Protection from liability
567. Report to Board of disciplinary matters

CHAPTER 6 - Investigatory Powers

PART 6.1 - Preliminary

568. Purpose
569. Interpretation

PART 6.2 - Requirements Relating to Documents, Information and Other Assistance

570. Application of Part
571. Requirements that may be imposed for investigations, examinations and audits under Parts 2.5 and 3.2
572. Requirements that may be imposed for investigations under Chapter 4
573. Provisions relating to requirements under this Part

PART 6.3 - Entry and Search of Premises

574. Application of Part
575. Investigator’s power to enter premises
576. Search warrants
577. Powers of investigator while on premises

PART 6.4 - Additional Investigatory Powers in Relation to Incorporated Legal Practices

578. Application of Part
579. Investigative powers relating to investigations and audits
580. Examination of persons
581. Inspection of books
582. Power to hold hearings
583. Failure to comply with investigation

PART 6.5 - Investigations – Miscellaneous

584. Obstruction of investigator
585. Destruction of evidence
586. Obligation of Australian lawyers
587. Permitted disclosure of confidential information
588. Report to Board of disciplinary matters

CHAPTER 7 - Regulatory authorities

PART 7.1 - Legal Profession Board of Tasmania

Division 1 - The Board

589. Establishment of Legal Profession Board of Tasmania
590. Membership of Board

Division 2 - Functions and powers of Board

591. Functions of Board
592. Powers of Board
593. Delegation by Board
594. Contracts
595. Committees
596. Employees

Division 3 - Rules of Board

597. General rules

Division 4 - Finance and reports

598. Funds of Board
599. Accounts
600. Audit
601. Annual report

Division 5 - Miscellaneous

602. Confidentiality
603. Protection from liability

PART 7.2 - Board of Legal Education

604. Board of Legal Education
605. Membership of Board of Legal Education
606. Functions and powers of Board of Legal Education
607. Secretary of Board of Legal Education
608. Rules of Board of Legal Education
609. Rule-making procedure

PART 7.3 - Disciplinary Tribunal

610. Disciplinary Tribunal
611. Composition of Tribunal for proceedings
612. Change in composition
613. Immunity of members of Tribunal
614. Confidentiality
615. General functions and powers of Tribunal
616. Secretary to Tribunal
617. Report of Tribunal

PART 7.4 - The Law Society of Tasmania

618. The Law Society
619. Membership of Law Society
620. Functions of Law Society

PART 7.5 - The Council of the Law Society

621. The Council
622. Functions and powers of Council
623. Executive committee
624. Records of Council proceedings
625. Inspection of records of Council proceedings
626. Delegation
627. Power of Council to make by-laws
628. Procedure relating to making of by-laws
629. Executive Director and other employees
630. Institution of proceedings on behalf of Law Society
631. Law Society entitled to appear in certain proceedings
632. Protection from liability

PART 7.6 - Solicitors' Trust

633. Solicitors' Trust
634. Membership of Trust
635. Functions and powers of Trust
636. Trust deposit accounts
637. Application of funds in trust deposit accounts
638. Accounts, reports and audit

CHAPTER 8 - Miscellaneous

PART 8.1 - Notices and Evidentiary Matters

639. Service of notices on local legal practitioners, locally registered foreign lawyers and law practices
640. Service on the Board or prescribed authority
641. Service of notices on other persons
642. When is service effective?
643. Evidentiary matters

PART 8.2 - General

644. Liability of principals
645. Injunctions
646. Disclosure of information by local regulatory authorities
647. Confidentiality of personal information
648. Professional privilege or duty of confidence does not affect validity of or compliance with certain requirements
649. Duty to report suspected offences
650. Destruction of documents
651. Change of name
652. Approved forms
653. Prescribed authority to report to Board
654. Request for information, &c.
655. Confidentiality of prescribed authority
656. Protection from liability for prescribed authority
657. Trust not obliged to pay liquidator's costs
658. Regulations
659. Administration of Act
660. Savings and transitional provisions
660A. Validation of appointments
660B. Validation of by-laws
661. Repeal and rescission
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5
SCHEDULE 6
SCHEDULE 7
SCHEDULE 8
SCHEDULE 9

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