Victorian Current Acts

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LEGAL PROFESSION UNIFORM LAW APPLICATION ACT 2014


TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purposes  
   2.      Commencement  
   3.      Definitions  

   PART 2--APPLICATION OF UNIFORM LAW

           Division 1--General application provisions

   4.      Application of Legal Profession Uniform Law  
   5.      Exclusion of legislation of this jurisdiction  
   6.      Override of Charter of Human Rights and Responsibilities Act 2006  
   7.      Disallowance of Uniform Regulations  
   8.      No double jeopardy  

           Division 2--Further application provisions

   9.      Meaning of various terms used in Legal Profession Uniform Law (Victoria)  
   9A.     Meaning of law firm  
   10.     Designation of local authorities and tribunals  

           Division 3--of Part 5.4

   11.     Declaration of nominated fund and nominated trust authority  
   12.     Dealing with unclaimed money  
   13.     Approved insurance policy  
   14.     Fidelity fund and fidelity authority  
   15.     Dispute resolution and professional discipline for lawyers who are judicial officers in relation to previous conduct  
   16.     Referral for costs assessment to be to Costs Court  
   17.     Issuing authority for search warrants  
   18.     Pecuniary penalties to be paid into Public Purpose Fund  
   18A.    Part 3 of Schedule 4 applies  

   PART 3--LOCAL REGULATORY AUTHORITIES

           Division 1--Victorian Legal Admissions Board

   19.     Establishment  
   20.     Functions and powers  
   21.     Membership  
   22.     Judge or retired judge appointed as member  
   23.     Resignation and removal  
   24.     Meetings  
   25.     Validity of acts or decisions  
   26.     Staff and consultants  
   27.     Delegation  

           Division 2--Victorian Legal Services Board

   28.     Continuation of board under new name  
   29.     Relationship to the Crown  
   30.     Objectives  
   31.     Functions and powers  
   32.     Membership  
   33.     Chairperson and deputy chairperson  
   34.     Judge or former judge appointed as chairperson  
   35.     Appointed members  
   36.     Payment of members  
   37.     Acting appointments  
   38.     When does a member's office become vacant?  
   39.     Meetings  
   40.     Conflicts of interest  
   41.     Resolutions without meetings  
   42.     Validity of acts or decisions  
   43.     Immunity  
   44.     Delegation  
   45.     Performance targets etc.  
   46.     Annual report  
   47.     Other reports  

           Division 3--Victorian Legal Services Commissioner

   48.     Establishment  
   49.     Functions and powers  
   50.     Relationship to Victorian Legal Services Board  
   51.     Appointment of Victorian Commissioner  
   52.     Acting Victorian Commissioner  
   53.     Vacancy of Victorian Commissioner's office  
   54.     Validity of acts and decisions  
   55.     Immunity  
   56.     Delegation  
   57.     Annual report  
   58.     Other reports  

           Division 4--General provisions for the Victorian Legal Services Board and Victorian Commissioner

   59.     Staff and consultants  
   60.     Mediators  
   61.     Immunity for mediators  

           Division 5--Victorian Legal Services Board elections

   62.     Elected members  
   63.     Electoral rolls  
   64.     Enrolment  
   65.     Eligibility to stand and vote  
   66.     Elections  
   67.     Preferential voting for advocate member  
   68.     Exhaustive preferential voting for non-advocate members  
   69.     Casual vacancies of elected members  
   70.     Arrangements with Victorian Electoral Commission  
   71.     Regulations  

   PART 4--ADMISSION, PRACTISING CERTIFICATES AND REGISTRATION CERTIFICATES

           Division 1--Admission

   72.     Admission fees  
   72A.    Fees for assessments regarding foreign qualification or training  

           Division 2--Australian practising certificates

   73.     Australian practising certificate fees and fidelity fund contributions  
   74.     Timing of application for renewal of local practising certificate  
   75.     Late application for renewal of practising certificate  

           Division 3--Australian registration certificates

   76.     Australian registration certificate fees and costs  

           Division 4--General

   77.     Time limit for review applications in relation to certificates  

   PART 5--TRUST ACCOUNTS

           Division 1--Statutory deposits intoPublic Purpose Fund

   78.     Definitions  
   79.     Required deposit amount  
   80.     Determination of required deposit amount  
   81.     Requirement to deposit with the Victorian Legal Services Board  
   82.     Deposit amounts to be paid to Public Purpose Fund  
   83.     Repayment by Victorian Legal Services Board  
   84.     Division does not apply to controlled money accounts  
   85.     Exemption by Victorian Legal Services Board  
   86.     Multiple trust accounts  

           Division 2--Authorised deposit-taking institutions

   87.     Arrangements with ADIs  

           Division 3--Approved clerks

   87A.    Person not to act as approved clerk without approval  
   88.     Approval of clerks  
   88A.    Suspension or revocation of approval of clerk on request  
   88B.    Suspension or revocation of approval of clerk for other reasons  
   89.     Application of the Uniform Law to approved clerks  
   89A.    Review of decision to refuse, suspend or revoke approval  
   90.     Rules for approved clerks  

           Division 4--External examinations and investigations

   91.     Costs of external examinations and investigations  

   PART 6--LEGAL COSTS

           Division 1--Legal Costs Committee

   92.     Legal Costs Committee  
   93.     Functions of the Legal Costs Committee  

           Division 2--Practitioner remuneration orders

   94.     Practitioner remuneration orders  
   95.     Publication and availability of practitioner remuneration order  
   96.     Disallowance by Parliament and application of Subordinate Legislation Act 1994  

           Division 3--Costs assessment

   97.     Appeal from decision of Costs Court  

           Division 4--Costs disputes

   98.     Definitions  
   99.     Determination of costs disputes by VCAT  

   PART 7--PROFESSIONAL INDEMNITY INSURANCE

           Division 1--Legal Practitioners' Liability Committee

   100.    Legal Practitioners' Liability Committee  
   101.    Liability Committee not to represent the Crown  
   102.    Functions and powers  
   103.    Membership  
   104.    Qualifications for membership  
   105.    Payment of members  
   106.    Acting members  
   107.    Meetings  
   108.    Resolutions without meetings  
   109.    Validity of acts or decisions  
   110.    Conflicts of interest  
   111.    Staff and consultants  
   112.    Confidentiality  
   113.    Annual report  

           Division 2--Legal Practitioners' Liability Fund

   114.    Requirement for Liability Fund  
   115.    Payments into Liability Fund  
   116.    Payments out of Liability Fund  
   117.    Investment of Liability Fund  
   118.    Levies  

           Division 3--Professional indemnity insurance

   119.    Competition and Consumer Act 2010  
   120.    Terms and conditions of insurance  

   PART 8--FIDELITY COVER

           Division 1--Fidelity fund

   121.    Requirement for fidelity fund  
   122.    Purpose of fidelity fund  
   123.    Payments into the fidelity fund  
   124.    Payments out of the fidelity fund  
   125.    Solvency  
   126.    Payments to liquidators etc.  
   127.    Payments to Public Purpose Fund  

           Division 2--Contributions by and levies on approved clerks and community legal services

   128.    Annual contributions  
   129.    Levies  
   130.    Victorian Legal Services Board may recover contribution or levy  

           Division 3--Supplementary provisions for contributions and levies

   131.    Contributions and levies not to exceed prescribed amount  
   132.    Employer must pay contribution or levy or reimburse employee  

   PART 9--PUBLIC PURPOSE FUND

   133.    Public Purpose Fund  
   134.    Financial arrangements for Public Purpose Fund  
   135.    Accounts in Public Purpose Fund  
   136.    General Account  
   137.    Statutory Deposit Account  
   138.    Distribution Account  
   139.    Funding of Legal Profession Uniform Framework  
   140.    Expenses of Victorian Legal Services Board  
   141.    Expenses of Victorian Commissioner  
   142.    Expenses of VCAT  
   143.    Legal aid funding  
   144.    Funding of law-related services and activities  
   145.    Victorian Legal Services Board may take into account previous funding  
   146.    Further legal aid funding  
   147.    Payments to fidelity fund  
   148.    Payments to local professional associations for continuing legal education programs etc.  
   149.    Timing of payments and instalments  

   PART 9A--REGISTERS

           Division 1--Victorian legal profession register

   150.    Victorian legal profession register  

           Division 2--Register of disciplinary action

   150A.   Definitions  
   150B.   Keeping of the register  
   150C.   Information recorded in the register  
   150D.   Publication of the register  
   150E.   Disciplinary action not to be recorded in the register pending rehearing or appeal  
   150F.   Lawyer with injury or illness  
   150G.   Effect of non-disclosure orders  

   PART 10--GENERAL

   151.    Information sharing  
   152.    Liability of principals  
   153.    Investigation of offences and contraventions  
   154.    Prosecution of offences  
   155.    Judicial review by Supreme Court  
   156.    Regulations  

   PART 11--REPEALS AND AMENDMENTS

   157.    Legal Profession Act 2004  

   PART 12--TRANSITIONAL PROVISIONS

           Division 1--Preliminary

   162.    Definitions  
   163.    General transitional provisions  

           Division 2--Local regulatory authorities

   165.    Legal Services Board  
   166.    Legal Services Commissioner  

           Division 3--Admission, certificates and business practice

   167.    Admission fees  
   168.    Barristers' practising certificates  
   169.    Government lawyers  

           Division 4--Trust accounts

   171.    Approved clerks  

           Division 5--Legal costs

   172.    Practitioner remuneration orders and Legal Costs Committee  

           Division 6--Fidelity cover

   173.    Fidelity fund  
   174.    Contributions to fidelity fund  

           Division 7--Professional indemnity insurance

   175.    Legal Practitioners' Liability Committee  
   176.    Insurance terms and conditions  
   177.    Exemptions  
   178.    Liability Fund  

           Division 8--Public Purpose Fund

   179.    Public Purpose Fund  

           Division 9--General

   180.    References to old Act  
   181.    Community legal centres  
   182.    Time limits  

           Division 10--Justice Legislation Amendment (Court Security, Juries and Other Matters) Act 2017

   183.    Approval of clerks  
   184.    Rules for approved clerks  

           Division 11--Legal Profession Uniform Law Application Amendment Act 2019

   185.    Substituted entity  
   186.    Validation  
           SCHEDULE 1
           ENDNOTES


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