AustLII Tasmanian Consolidated Acts

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LEGAL PROFESSION ACT 2007 - SECT 45

Requirement for professional indemnity insurance

(1)  In this section –
government lawyer means an Australian lawyer, or a person eligible for admission to the legal profession, employed under the State Service Act 2000 or by a council and includes the Director of Public Prosecutions, the Solicitor-General and the Director of Legal Aid.
(2)  This section applies to each of the following persons who make an application for the grant or renewal of a local practising certificate:
(a) an Australian lawyer who is a government lawyer who, in the lawyer's application for the grant or renewal of the certificate, stated that the lawyer did not intend to engage in legal practice otherwise than as a government lawyer engaged in government work;
(b) an Australian lawyer who is employed by a corporation, that is not an incorporated legal practice, and who provides only in-house legal services to the corporation concerning a proceeding or transaction to which the corporation or related body corporate is a party;
(c) an Australian lawyer other than an Australian lawyer mentioned in paragraph (a) or (b) .
(3)  The prescribed authority must not grant or renew a local practising certificate unless the prescribed authority –
(a) in the case of an application by an Australian lawyer mentioned in subsection (2)(a) , imposes a condition on the certificate that the lawyer must not engage in legal practice otherwise than as a government lawyer engaged in government work; or
(b) in the case of an application by an Australian lawyer mentioned in subsection (2)(b) , imposes a condition on the certificate that the lawyer must not engage in legal practice otherwise than by providing in-house legal services to a corporation by which the lawyer is employed; or
(c) in the case of an application by an Australian lawyer mentioned in subsection (2)(c) , is satisfied that the lawyer will, and imposes a condition on the certificate that the lawyer must, be covered by professional indemnity insurance that complies with this Act during the currency of the local practising certificate unless the lawyer is exempted from professional indemnity insurance requirements under section 346 (Exemption from insurance requirements).
(4)  Professional indemnity insurance complies with this Act in relation to a local practising certificate if it complies with the requirements under Part 3.4 (Professional Indemnity Insurance).



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