AustLII Tasmanian Consolidated Acts

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LEGAL PROFESSION ACT 2007 - SECT 254

Reporting certain irregularities and suspected irregularities

(1)  As soon as practicable after a legal practitioner associate of a law practice becomes aware that there is an irregularity in any of the practice's trust accounts or trust ledger accounts, the associate must give written notice of the irregularity to –
(a) the prescribed authority; and
(b) if a corresponding authority is responsible for the regulation of the accounts concerned, the corresponding authority.
Penalty:  Fine not exceeding 50 penalty units.
(2)  If an Australian legal practitioner believes on reasonable grounds that there is an irregularity in connection with the receipt, recording or disbursement of any trust money received by a law practice of which the practitioner is not a legal practitioner associate, the practitioner must, as soon as practicable after forming the belief, give written notice of it to –
(a) the prescribed authority; and
(b) if a corresponding authority is responsible for the regulation of the accounts relating to the trust money concerned, the corresponding authority.
Penalty:  Fine not exceeding 50 penalty units.
(3)  The validity of a requirement imposed on an Australian legal practitioner under subsection (1) or (2) is not affected, and the practitioner is not excused from complying with subsection (1) or (2) , on the ground that giving the notice may tend to incriminate the practitioner.
(4)  An Australian legal practitioner is not liable for any loss or damage suffered by another person as a result of the practitioner's compliance with subsection (1) or (2) .



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