AustLII Tasmanian Consolidated Acts

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LEGAL PROFESSION ACT 2007 - SECT 152

Disclosure obligations

(1)  This section applies if a person engages a multi-disciplinary partnership to provide services that the person might reasonably assume to be legal services.
(2)  Each legal practitioner partner of the multi-disciplinary partnership, and any employee of the partnership who is an Australian legal practitioner and who provides the services on behalf of the partnership, must ensure that a disclosure, complying with the requirements of this section and the regulations made for the purposes of this section, is made to the person in connection with the provision of the services.
Penalty:  Fine not exceeding 50 penalty units.
(3)  The disclosure must be made by giving the person a notice in writing –
(a) setting out the services to be provided; and
(b) stating whether or not all the legal services to be provided will be provided by an Australian legal practitioner; and
(c) if some or all of the legal services to be provided will not be provided by an Australian legal practitioner, identifying those services and indicating the status or qualifications of the person or persons who will provide the services; and

Note. For example, the person might be a licensed conveyancer. However, this paragraph would not apply in a case where a law applying in the jurisdiction prohibits a particular legal service from being provided by a person who is not an Australian legal practitioner.

(d) stating that this Act applies to the provision of legal services but not to the provision of the non-legal services.
(4)  The regulations may make provision for or with respect to the following matters:
(a) the manner in which disclosure is to be made;
(b) additional matters required to be disclosed in connection with the provision of legal services or non-legal services by a multi-disciplinary partnership.
(5)  Without limiting subsection (4) , the additional matters may include the kind of services provided by the multi-disciplinary partnership and whether those services are or are not covered by the insurance or other provisions of this Act.
(6)  A disclosure under this section to a person about the provision of legal services may relate to the provision of legal services on one occasion or on more than one occasion or on an on-going basis.



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