Western Australian Bills

[Index] [Search] [Download] [Related Items] [Help]


This is a Bill, not an Act. For current law, see the Acts databases.


LEGAL PRACTICE BILL 2002

                       Western Australia


             Legal Practice Bill 2002

                         CONTENTS


      Part 1 -- Preliminary
1.    Short title                                         2
2.    Commencement                                        2
3.    Interpretation                                      2
4.    Meaning of "engage in legal practice"               9
5.    Notes                                              10
      Part 2 -- The Legal Practice Board
6.    Legal Practice Board established                   11
7.    Members of the Board                               11
8.    Who may vote in election                           11
9.    Functions of the Board                             11
10.   Committees                                         12
11.   Delegation                                         12
12.   Powers of the Board                                13
13.   Application of funds                               13
14.   Accounts and records                               13
15.   Audit                                              14
16.   Execution of documents by the Board                14
17.   Annual and other reports                           15
18.   Protection from liability                          15
      Part 3 -- Articled clerks
19.   Who may be an articled clerk                       17
20.   Who may have an articled clerk                     17
21.   Articles of clerkship                              19
22.   Continuation of articles                           19
23.   Articled clerk not to undertake other employment
      without consent                                    20
24.   Service under articles to accord with Act          21

                                                         page i
                           154 -- 3
Legal Practice Bill 2002



Contents



   25.      Reports to Board                                           21
   26.      Cancellation of articles                                   21

            Part 4 -- Admission of legal
                 practitioners
   27.      Qualifications for admission of legal practitioners        22
   28.      Admission of legal practitioner                            23
   29.      Objection to admission                                     24
   30.      Admission by Full Court                                    24
   31.      Roll of Practitioners                                      25
   32.      Certificate of admission                                   25
   33.      Restrictions on entitlement to practise                    25
   34.      Re-admission as a legal practitioner                       26
            Part 5 -- Practice certificates
   35.      Requirement to hold practice certificate                   28
   36.      Legal practitioner employed by this State                  28
   37.      Application for practice certificate                       28
   38.      Refusal of application                                     29
   39.      Unfit, incapable or insolvent practitioners                30
   40.      Conditions may be imposed upon practice certificate        31
   41.      Board's powers of inquiry                                  33
   42.      Duration of practice certificate                           34
   43.      Suspension or cancellation of practice certificate after
            disciplinary proceedings                                   34
   44.      Appeals                                                    34
            Part 6 -- Business structures
            Division 1 -- General
   45.      Practitioner may practise under any business structure     36
   46.      Obligations of individual legal practitioners not
            affected                                                   36
            Division 2 -- Incorporated legal practices
   47.      Nature of incorporated legal practice                      36
   48.      Services and businesses of incorporated legal
            practices                                                  37
   49.      Corporations eligible to be incorporated legal
            practices                                                  37
   50.      Notice by corporation                                      38
   51.      Responsibilities of legal practitioner director            38

page ii
                                                 Legal Practice Bill 2002



                                                                Contents



52.   Obligations of legal practitioner director relating to
      unsatisfactory conduct                                       39
53.   Absence of legal practitioner director                       39
54.   Obligations of legal practitioners who are officers or
      employees                                                    40
55.   Professional privileges                                      40
56.   Pro bono services                                            41
57.   Conflicts of interest                                        41
58.   Disclosure obligations                                       41
59.   Application of rules to incorporated legal practice          43
60.   Requirements relating to professional indemnity
      insurance                                                    43
61.   Requirements relating to advertising                         43
62.   Requirements relating to legal fees and costs                44
63.   Requirements relating to trust accounts                      44
64.   Part 11 (except section 150) does not apply to
      incorporated legal practice                                  45
65.   Extension of vicarious liability of incorporated legal
      practice                                                     45
66.   Prohibition on association with prohibited persons           46
67.   Investigative powers relating to incorporated legal
      practices                                                    46
68.   Audit of incorporated legal practice                         47
69.   Banning of incorporated legal practice                       48
70.   Disqualification from managing incorporated legal
      practice                                                     49
71.   Disclosure of information to ASIC                            50
72.   Relationship to Corporations legislation and certain
      other instruments                                            50
73.   Undue influence                                              51
      Division 3 -- Multi-disciplinary partnerships
74.   Nature of multi-disciplinary partnerships                    51
75.   Conduct of multi-disciplinary partnerships                   51
76.   Responsibilities of legal practitioner partner               52
77.   Obligations of legal practitioner partner related to
      unsatisfactory conduct                                       52
78.   Actions that may be taken by non-legal partner               53
79.   Professional obligations and privileges of legal
      practitioners who are partners or employees                  53
80.   Conflicts of interest                                        54


                                                                  page iii
Legal Practice Bill 2002



Contents



   81.      Disclosure obligations                                     54
   82.      Application of rules to legal practitioner partners and
            employees                                                  55
   83.      Requirements relating to advertising                       56
   84.      Requirements relating to legal fees and costs              56
   85.      Requirements relating to trust accounts                    56
   86.      Prohibited person must not act as employee or partner      57
   87.      Prohibition on partnerships with certain non-legal
            partners                                                   58
   88.      Undue influence                                            58
            Part 7 -- Interstate practitioners
            Division 1 -- Preliminary
   89.      When an interstate practitioner establishes an office      60
            Division 2 -- Legal practice by interstate
                   practitioners
   90.      Interstate practitioner may practise in this State         60
   91.      Notification of establishment of office required           61
   92.      Requirements relating to professional indemnity
            insurance                                                  61
   93.      Requirements relating to Guarantee Fund                    62
            Division 3 -- Complaints and discipline
   94.      Local practitioners                                        62
   95.      Referral of complaints and disciplinary matters to
            regulatory authorities in other States                     63
   96.      Dealing with matters referred by regulatory authorities
            in other States                                            63
   97.      Furnishing information                                     64
            Division 4 -- Miscellaneous
   98.      Local practitioners are subject to interstate regulatory
            authorities                                                65
   99.      Local practitioner receiving trust moneys interstate       65
   100.     Regulatory authority may exercise powers conferred
            by law of another State                                    66
            Part 8 -- Foreign lawyers
            Division 1 -- Preliminary
   101.     Practice of foreign law defined                            67
   102.     Who may practise foreign law                               67


page iv
                                                 Legal Practice Bill 2002



                                                                Contents



       Division 2 -- Registration of foreign lawyers
103.   Applying for registration                                   68
104.   Registration fee                                            70
105.   Registration                                                70
106.   Conditions may be imposed on registration                   71
107.   Applicant to be notified of decision                        71
108.   Fees to be paid by registered foreign lawyers               72
109.   Register                                                    72
110.   Suspending registration                                     72
111.   Effect of suspension                                        73
112.   Cancelling registration                                     74
113.   Appeals                                                     75
       Division 3 -- Practising foreign law
114.   Scope of practice allowed                                   76
115.   Form of practice                                            77
116.   Letterhead and other identifying documents                  77
117.   Designation                                                 78
118.   Employment of certificated practitioners by registered
       foreign lawyers                                             79
119.   Employment of registered foreign lawyers by
       certificated practitioners etc.                             79
120.   Professional indemnity insurance                            80
121.   Trust accounts                                              80
122.   Exemption may be granted by Board                           80
       Part 9 -- Unqualified and prohibited
            practice
123.   Prohibition on unqualified legal practice                   81
124.   No liability in certain cases                               81
125.   Offence by corporation                                      82
126.   Certificated practitioner acting as agent for
       unqualified person                                          83
127.   Allowing unqualified person to act as practitioner          84
128.   Unqualified person making false representation to be
       practitioner                                                84
129.   Practitioner making false representation to be
       certificated                                                85
130.   Sharing receipts                                            85
131.   Employment or engagement of practitioner without
       practice certificate                                        85

                                                                  page v
Legal Practice Bill 2002



Contents



   132.     Prohibition on employment or engagement of certain
            non-legal persons                                          86
   133.     Associates who are prohibited persons                      86
   134.     Part does not affect operation of Fair Trading Act         87
   135.     Appeal                                                     87
            Part 10 -- Trust accounts
   136.     Interpretation                                             88
   137.     Trust moneys to be paid to trust account                   88
   138.     Application of trust moneys to payment of costs            89
   139.     Banks not to be concerned as to the application of, or
            to have recourse against, trust moneys                     89
   140.     Legal practitioners to maintain books of account           90
   141.     Receipt of cheques                                         90
   142.     Board may appoint accountant to examine books of
            account                                                    91
   143.     Examiner may require production of books and
            documents                                                  92
   144.     Limitation on disclosure of matters revealed in the
            course of examinations                                     93
   145.     Action on examiner's report                                93
   146.     Legal practitioners to make payments towards
            Guarantee Fund                                             94
   147.     Accountant's certificate                                   94
            Part 11 -- Supervisors and managers
   148.     Interpretation                                             96
   149.     Restraint on bank accounts                                 96
   150.     Control of trust moneys by Legal Contribution Trust        97
   151.     Special powers of the Board                                98
   152.     Functions of supervising solicitor                        100
   153.     Payment of moneys out of separate account                 101
   154.     Power of Board to appoint legal practitioner to inquire
            into and report on practice                               101
   155.     Board may apply to Judge for an order                     103
   156.     Power of Judge                                            103
   157.     Effect of certain orders                                  104
   158.     Offence                                                   105




page vi
                                                Legal Practice Bill 2002



                                                               Contents



       Part 12 -- Complaints and discipline
       Division 1 -- General
159.   Interpretation                                            106
160.   Application                                               106
161.   Jurisdiction of Supreme Court not affected                107
       Division 2 -- Disciplinary bodies
       Subdivision 1 -- Complaints Committee
162.   Complaints Committee established                          107
163.   Members of the Complaints Committee                       107
164.   Functions of the Complaints Committee                     108
165.   Constitution and procedure of Complaints Committee        109
166.   Reports                                                   109
167.   The Law Complaints Officer                                110
       Subdivision 2 -- The Disciplinary Tribunal
168.   Disciplinary Tribunal established                         111
169.   Composition of Disciplinary Tribunal                      111
170.   Chairperson of the Disciplinary Tribunal                  111
171.   Constitution and procedure of Disciplinary Tribunal       112
172.   Functions of the Disciplinary Tribunal                    113
173.   Registrar                                                 113
174.   Annual report                                             113
       Division 3 -- Complaints about legal practitioners
175.   Making of complaints                                      114
       Division 4 -- Conciliation and disciplinary
              proceedings -- Complaints Committee
176.   Conciliation                                              115
177.   Summary professional disciplinary jurisdiction            116
178.   Finding where legal practitioner convicted of an
       offence                                                   117
179.   Disciplinary action against foreign lawyer                118
180.   Referral by Committee to Disciplinary Tribunal            119
181.   Complainant may refer complaint to Disciplinary
       Tribunal                                                  119
182.   Interim restrictions on practice                          120
       Division 5 -- Disciplinary proceedings before
              Disciplinary Tribunal
183.   Referral to be dealt with expeditiously                   120
184.   Proceedings before the Disciplinary Tribunal              120

                                                                page vii
Legal Practice Bill 2002



Contents



   185.     Powers of the Disciplinary Tribunal in relation to
            individual legal practitioner                          121
   186.     Disciplinary action against foreign lawyer             121
   187.     Orders of the Tribunal                                 122
   188.     Other powers of Tribunal in relation to insolvent,
            incapable and unfit practitioners                      124
   189.     Powers of Tribunal in relation to legal practitioner
            director where practice has not complied with
            insurance obligations                                  126
   190.     Finding where legal practitioner convicted of an
            offence                                                127
   191.     Costs and expenses                                     128
   192.     Enforcement of orders                                  129
   193.     Contempt of Tribunal                                   129
   194.     Court to punish                                        130
            Division 6 -- Practice and procedure of
                   disciplinary bodies generally
   195.     Summons                                                130
   196.     Representation                                         131
   197.     Hearings generally not to be public                    131
   198.     Powers of disciplinary bodies                          132
   199.     Possession of records and other things                 135
   200.     Evidentiary material                                   135
   201.     Claims of privilege                                    136
            Division 7 -- Miscellaneous
   202.     Appeals                                                136
   203.     Effect of striking off or suspension                   136
   204.     Legal practitioners struck off or suspended in other
            jurisdictions                                          137
   205.     Protection of persons                                  139
            Part 13 -- Costs
            Division 1 -- The Legal Costs Committee and
                   determination of remuneration
   206.     Interpretation                                         140
   207.     Legal Costs Committee established                      140
   208.     Nominations                                            141
   209.     Constitution and procedure                             141
   210.     Legal costs determinations                             142
   211.     Review of determinations                               143

page viii
                                                 Legal Practice Bill 2002



                                                                Contents



212.   Inquiries by the Legal Costs Committee                     143
213.   Notice and submissions in respect of determination         144
214.   Report and publication of legal costs determinations       145
215.   Effect of determination                                    145
216.   Reports                                                    146
217.   Use of staff and facilities of departments                 147
218.   Funds                                                      147
219.   Application of Financial Administration and Audit
       Act 1985                                                   148
       Division 2 -- Entitlement to remuneration
220.   Interpretation                                             148
221.   Costs agreement                                            148
222.   Review of costs agreement                                  149
223.   Saving in certain cases                                    149
224.   Avoidance of costs agreement in certain cases              150
225.   Security for costs                                         151
226.   Costs where legal practitioner employed by this State
       in a salaried capacity                                     151
227.   Act not to validate purchase of client's interest, nor
       agreement for payment only in event of success             152
       Division 3 -- Taxation and recovery of costs
228.   Interpretation                                             153
229.   Taxing officer's discretionary powers                      154
230.   Bill of costs to be served before suit                     154
231.   Party may request bill for detailed items                  154
232.   Party charged with itemised bill may give notice of
       intention to tax                                           155
233.   Party not served with requested itemised bill may
       have lump sum bill taxed                                   156
234.   Taxing officer may order more detailed bill                156
235.   Effect of costs agreement                                  156
236.   Stay of recovery proceedings                               157
237.   Bill of costs to be lodged with taxing officer             157
238.   Time and place of taxation                                 157
239.   Costs of taxation                                          158
240.   Certification, interest, amount, how recovered             158
241.   Taxation of Legal Aid Commission bill of costs             159
242.   Review of taxation                                         159
243.   Overpayments to be returnable                              159



                                                                 page ix
Legal Practice Bill 2002



Contents



            Division 4 -- General
   244.     Legal practitioner's costs to be a first charge on the
            property recovered or preserved                          160
   245.     Town agent entitled to prior charge                      160
   246.     Legal practitioner may charge interest on moneys
            disbursed                                                160

            Part 14 -- Professional indemnity
                 insurance
   247.     Regulations as to professional indemnity insurance       161
            Part 15 -- Miscellaneous
   248.     Evidentiary material                                     164
   249.     Judicial notice                                          165
   250.     Contempt of the Supreme Court                            166
   251.     Laying documents before House of Parliament that is
            not sitting                                              166
   252.     Rules                                                    167
   253.     Regulations                                              169
            Schedule 1 -- Provisions as to the
                constitution and procedure of the
                Board                                                171
   1.       Chairperson and deputy chairperson                       171
   2.       Casual vacancies                                         171
   3.       Meetings where chairperson and deputy chairperson
            are absent                                               171
   4.       Quorum                                                   171
   5.       Voting                                                   171
   6.       Saving                                                   172
            Schedule 2 -- Provisions as to the
                constitution and procedure of the
                Complaints Committee                                 173
            Division 1 -- Constitution                                173
   1.       Term of appointment -- representative of the
            community                                                173
   2.       Deputy chairperson                                       173
   3.       Deputies of representative of the community              173

page x
                                              Legal Practice Bill 2002



                                                             Contents



4.    Removal or resignation                                   174
5.    Leave of absence                                         174
6.    Termination of office may be deferred                    175
7.    Remuneration and allowances                              175
8.    Saving                                                   175
      Division 2 -- Procedure                                   175
9.    Quorum                                                   175
10.   Complaints Committee not bound by rules of
      evidence                                                 176
11.   Meetings                                                 176
12.   Divisions                                                176
13.   Voting                                                   176
14.   Complaints Committee may determine its own
      procedure                                                177
15.   Records                                                  177
      Schedule 3 -- Provisions as to the
          constitution and procedure of the
          Disciplinary Tribunal                                178
      Division 1 -- Constitution                                178
1.    Term of appointment -- chairperson                        178
2.    Term of appointment -- legal practitioners                178
3.    Term of appointment -- representative of the
      community                                                178
4.    Deputy chairperson                                       178
5.    Deputies of representative of the community              179
6.    Removal or resignation                                   179
7.    Leave of absence                                         180
8.    Termination of office may be deferred                    180
9.    Remuneration and allowances                              180
10.   Saving                                                   180
      Division 2 -- Procedure                                   181
11.   Quorum                                                   181
12.   Meetings                                                 181
13.   Divisions                                                181
14.   Voting                                                   182
15.   Records                                                  182




                                                              page xi
Legal Practice Bill 2002



Contents



            Schedule 4 -- Provisions as to
                constitution and procedure of the
                Legal Costs Committee                       183
            Division 1 -- Constitution                       183
   1.       Term of office                                  183
   2.       Deputy chairperson                              183
   3.       Deputy members                                  183
   4.       Removal and resignation                         184
   5.       Leave of absence                                184
   6.       Remuneration and allowances                     184
   7.       Saving                                          184
            Division 2 -- Procedure                          185
   8.       Meetings                                        185
   9.       Voting                                          185
   10.      Quorum                                          185
   11.      Legal Costs Committee to determine procedures   185
            Defined Terms




page xii
                           Western Australia


                     LEGISLATIVE ASSEMBLY

                      (As amended in Committee)


                  Legal Practice Bill 2002


                               A Bill for


An Act to regulate legal practice, and for related purposes.



The Parliament of Western Australia enacts as follows:




                                                               page 1
     Legal Practice Bill 2002
     Part 1          Preliminary

     s. 1



                              Part 1 -- Preliminary
     1.         Short title
                This Act may be cited as the Legal Practice Act 2002.

     2.         Commencement
5         (1)   This Act comes into operation on a day fixed by proclamation.
          (2)   Different days may be fixed under subsection (1) for different
                provisions.

     3.         Interpretation
                In this Act, unless the contrary intention appears --
10              "Australia" includes the external Territories within the
                     meaning of the Acts Interpretation Act 1901 of the
                     Commonwealth;
                "articled clerk" means a person who is subject to articles of
                     clerkship under Part 3;
15              "bank" means --
                     (a) an ADI (authorised deposit-taking institution) as
                           defined in section 5 of the Banking Act 1959 of the
                           Commonwealth; or
                     (b) a bank constituted by a law of a State or the
20                         Commonwealth;
                "Board" means the Legal Practice Board established under
                     section 6;
                "certificated practitioner" means --
                     (a) a legal practitioner who holds a current practice
25                         certificate; or
                     (b) an interstate practitioner who practises in this State;
                "complaint" means a complaint to the Complaints Committee
                     made under section 175;



     page 2
                                              Legal Practice Bill 2002
                                           Preliminary          Part 1

                                                                  s. 3



     "Complaints Committee" means the committee established
         under section 162;
     "corporation" means --
         (a) a company within the meaning of the Corporations
5              Act;
         (b) an industrial organisation incorporated under a law of
               the Commonwealth or a State; or
         (c) any other body corporate, or body corporate of a
               kind, prescribed by the regulations;
10   "Corporations Act" means the Corporations Act 2001 of the
         Commonwealth;
     "costs agreement" means an agreement made under
         section 221(1);
     "director" means a director within the meaning of the
15       Corporations Act;
     "Disciplinary Tribunal" means the body established under
         section 168;
     "disqualified person" means a person who --
         (a) has been struck off the Roll of Practitioners or a roll
20             kept outside this State that corresponds to the Roll of
               Practitioners (unless the person has been
               re-admitted); or
         (b) is suspended, disqualified or otherwise prohibited
               from engaging in legal practice in this State or in any
25             other place (whether in or outside Australia);
     "engage in legal practice" has the meaning given by section 4;
     "examiner" means a person appointed under section 142;
     "foreign law" means law of a place outside Australia;
     "foreign lawyer" means a natural person, other than a legal
30       practitioner, who is registered to practise law in a place
         outside Australia by a foreign registration authority;



                                                               page 3
     Legal Practice Bill 2002
     Part 1          Preliminary

     s. 3



              "foreign registration authority" means a person or authority
                  in a place outside Australia having the function conferred
                  by law of registering persons to practise law in that place;
              "Full Court" has the same meaning as in the Supreme Court
5                 Act 1935;
              "Guarantee Fund" means the Solicitor's Guarantee Fund
                  established under section 16 of the Legal Contribution
                  Trust Act 1967;
              "home registration authority" of a foreign lawyer means the
10                foreign registration authority stated in the foreign lawyer's
                  registration notice under section 103;
              "incorporated legal practice" means a corporation that
                  provides legal services as provided by section 47;
              "interstate practice certificate" means a certificate issued by a
15                regulatory authority of another State that confers authority
                  to engage in legal practice, whether --
                   (a) generally or of a particular type; or
                   (b) unconditionally or subject to conditions, restrictions
                         or limitations;
20            "interstate practitioner" means a person --
                   (a) who has been admitted to legal practice in another
                         State;
                   (b) who is not a local practitioner;
                   (c) who holds a current interstate practice certificate; and
25                (d) whose principal place of practice is in that State;
              "Law Complaints Officer" means the person holding the
                  office of that name under section 167;
              "Law Society" means the Law Society of Western Australia
                  (Inc.);
30            "Legal Contribution Trust" means the body established by
                  section 5 of the Legal Contribution Trust Act 1967;



     page 4
                                               Legal Practice Bill 2002
                                            Preliminary          Part 1

                                                                   s. 3



     "Legal Costs Committee" means the Legal Costs Committee
          established under section 207;
     "legal costs determination" means a determination made by
          the Legal Costs Committee under section 210;
5    "legal practitioner" means a person --
          (a) who is admitted as a legal practitioner, whose name
                is on the Roll of Practitioners and who is not a
                disqualified person; or
          (b) who is an interstate practitioner who practises in this
10              State;
     "legal practitioner director" means a director of an
          incorporated legal practice who is a legal practitioner
          permitted under the laws of this State or any other State to
          practise on his or her own account as a legal practitioner;
15   "legal practitioner partner" means a partner of a
          multi-disciplinary partnership who is a legal practitioner
          permitted under the laws of this State or any other State to
          practise on his or her own account as a legal practitioner
          and who engages in legal practice as part of the partnership
20        business;
     "local practitioner" means a person --
          (a) who holds a current practice certificate; and
          (b) whose principal place of practice is in this State;
     "mental disability" includes intellectual disability, a
25        psychiatric condition, acquired brain injury and dementia;
     "multi-disciplinary partnership" has the meaning given by
          section 74;
     "officer" of a corporation means a director or other officer
          (within the meaning of the Corporations Act) of the
30        corporation;
     "practice certificate" means a practice certificate issued by the
          Board under Part 5;



                                                                page 5
     Legal Practice Bill 2002
     Part 1          Preliminary

     s. 3



              "practise foreign law" means to do any work or transact any
                  business in this State concerning foreign law, being work
                  or business of a kind that, if it concerned the law of this
                  State, would be required to be done or transacted by a
5                 certificated practitioner;
              "practising on his or her own account" in relation to a legal
                  practitioner means carrying on business consisting of the
                  provision of legal services as a legal practitioner, and not as
                  an employee, whether --
10                (a) alone; or
                  (b) together with one or more other persons;
              "practitioner" has the same meaning as "legal practitioner";
              "professional obligations" of a legal practitioner include --
                  (a) duties to the court;
15                (b) obligations in connection with conflicts of interest;
                  (c) duties to clients, including disclosure; and
                  (d) ethical rules required to be observed by a legal
                         practitioner;
              "prohibited person" means a person who --
20                (a) is a disqualified person;
                  (b) is or was an employee of a legal practitioner and who
                         has been convicted of any fraudulent conduct in
                         respect of any money or property belonging to or
                         held or controlled by the legal practitioner by whom
25                       that person is or was employed or a client of that
                         legal practitioner; or
                  (c) is the subject of an order in force under section 132;
              "public officer" has the same meaning as in The Criminal
                  Code;
30            "record" means any thing or process --
                  (a) upon or by which information is recorded or stored;
                         or


     page 6
                                                Legal Practice Bill 2002
                                             Preliminary          Part 1

                                                                     s. 3



          (b)    by means of which a meaning can be conveyed by
                 any means in a visible or recoverable form,
          whether or not the assistance of some electronic, electrical,
          mechanical, chemical or other machine or process is
5         required to convey the information or meaning;
     "registered", when used in connection with a place outside
          Australia, means having all the necessary licences,
          approvals, admissions, certifications or other forms of
          authorisation (including practice certificates) required
10        under the law of that place for practising law in that place;
     "registered foreign lawyer" means a person who is registered
          as a foreign lawyer under Part 8 Division 2;
     "regulatory authority" --
          (a) of this State, means the Supreme Court, the Board,
15               the Disciplinary Tribunal or the Complaints
                 Committee;
          (b) of another State, means a person or body in that State
                 having a function conferred by legislation relating to
                 regulation of legal practice that corresponds to such a
20               function exercised by a regulatory authority of this
                 State;
     "related body corporate", in relation to a body corporate, has
          the same meaning as in the Corporations Act;
     "Roll of Practitioners" or "Roll" means the Roll of
25        Practitioners kept under section 31;
     "rules" means rules made by the Board under section 252;
     "State" means a State or Territory of the Commonwealth;
     "trust account" means a bank account maintained in this State,
          for the purpose of setting apart, and dealing with, trust
30        moneys under Part 10;
     "trust moneys" means --
          (a) moneys that are received by --
                   (i) a legal practitioner;

                                                                 page 7
     Legal Practice Bill 2002
     Part 1          Preliminary

     s. 3



                           (ii) an interstate practitioner;
                          (iii) an incorporated legal practice;
                          (iv)  a firm of legal practitioners;
                           (v)  a multi-disciplinary partnership; or
5                         (vi)  an employee, officer or agent of a legal
                                practitioner, incorporated legal practice, firm
                                of legal practitioners or multi-disciplinary
                                partnership,
                        in the course of legal practice in this State for the use
10                      or benefit of a person or persons other than the
                        recipient but so as to be under the exclusive control
                        of the legal practitioner, interstate practitioner,
                        practice, firm or partnership;
                  (b) moneys that are received by --
15                         (i) a registered foreign lawyer; or
                          (ii) an employee or agent of a registered foreign
                                lawyer,
                        in the course of practising foreign law for, or on
                        behalf of, a person or persons other than the recipient
20                      but so as to be under the exclusive control of the
                        registered foreign lawyer;
              "unqualified practice" means practising as a legal
                  practitioner --
                  (a) unlawfully contrary to section 123; or
25                (b) in a manner that but for the exception created by
                        subsection 123(3) would be so unlawful.
              "unsatisfactory conduct" includes --
                  (a) unprofessional conduct on the part of a legal
                        practitioner, whether occurring before or after
30                      admission as a legal practitioner;
                  (b) illegal conduct on the part of a legal practitioner,
                        whether occurring before or after admission as a legal
                        practitioner;

     page 8
                                                     Legal Practice Bill 2002
                                                  Preliminary          Part 1

                                                                         s. 4



               (c)   neglect, or undue delay, in the course of legal
                     practice;
              (d)    a contravention of this Act, the regulations or the
                     rules; and
5              (e)   conduct occurring in connection with legal practice
                     that falls short of the standard of competence and
                     diligence that a member of the public is entitled to
                     expect of a reasonably competent legal practitioner.

     4.   Meaning of "engage in legal practice"
10        A person engages in legal practice if the person directly or
          indirectly --
            (a) whether in the name of that person or that of any other
                  person --
                     (i) sues out any writ or process;
15                  (ii) commences, carries on, solicits, defends, or
                          appears, in any action, suit, or other proceedings
                          in any court of civil or criminal jurisdiction in
                          this State; or
                   (iii) acts as a barrister or solicitor of the Supreme
20                        Court in any cause, matter or suit, information or
                          complaint, civil or criminal, or under any
                          commission for the examination in this State of
                          witnesses, or others, issued by any court in or out
                          of this State;
25          (b) performs or carries out or is engaged in any work in
                  connection with the administration of law; or
            (c) draws or prepares any deed, instrument, or writing
                  relating to or in any manner dealing with or affecting --
                     (i) real or personal estate or any interest in real or
30                        personal estate; or
                    (ii) any proceedings at law, civil or criminal, or in
                          equity.


                                                                      page 9
Legal Practice Bill 2002
Part 1          Preliminary

s. 5



5.        Notes
          Notes do not form part of this Act.




page 10
                                                           Legal Practice Bill 2002
                                          The Legal Practice Board           Part 2

                                                                                    s. 6



                    Part 2 -- The Legal Practice Board
     6.         Legal Practice Board established
          (1)   A body called the Legal Practice Board is established.
          (2)   The Board is a body corporate with perpetual succession.
5         (3)   Proceedings may be taken by or against the Board in its
                corporate name.

     7.         Members of the Board
          (1)   The Board consists of --
                 (a)    the Attorney General;
10               (b)    the Solicitor General, or, if there is no Solicitor General,
                        the State Solicitor;
                  (c)   each Queen's Counsel, and each Senior Counsel, whose
                        principal place of practice is in this State and who is not
                        a full-time judicial officer; and
15               (d)    12 legal practitioners of at least 3 years' standing and
                        practice in this State who are elected as members.
          (2)   Subject to the rules, an elected member of the Board holds
                office for a term of 2 years from the date of becoming a member
                and is eligible for re-election.
20        (3)   Schedule 1 has effect with respect to the constitution and
                procedure of the Board.

     8.         Who may vote in election
                Any legal practitioner who is on the Roll of Practitioners and
                whose principal place of practice is in this State is eligible to
25              vote in an election for a member under section 7(1)(d).

     9.         Functions of the Board
                The Board's functions are as set out in this Act and in any other
                written law.

                                                                             page 11
     Legal Practice Bill 2002
     Part 2          The Legal Practice Board

     s. 10



     10.         Committees
           (1)   The Board may --
                  (a)   appoint committees of members of the Board; and
                  (b)   discharge, alter or reconstitute any committee.
5          (2)   A committee is to comply with any direction or requirement of
                 the Board.
           (3)   A committee may, with the approval of the Board, invite any
                 person, including a member of staff, to participate in a meeting
                 of the committee but such a person cannot vote on any
10               resolution before the committee.
           (4)   Subject to subsection (2), a committee may determine its own
                 procedures.

     11.         Delegation
           (1)   The Board may delegate to a committee established under
15               section 10 any power or duty of the Board under this Act other
                 than this power of delegation.
           (2)   The delegation must be in writing executed by the Board.
           (3)   A committee to whom a power or duty is delegated under this
                 section cannot delegate that power or duty.
20         (4)   A committee exercising or performing a power or duty that has
                 been delegated to that committee under this section is to be
                 taken to do so in accordance with the terms of the delegation
                 unless the contrary is shown.
           (5)   Nothing in this section limits the ability of the Board to perform
25               a function through an officer or agent in the normal course of
                 business.
           (6)   This section does not apply to the execution of documents but
                 authority to execute documents on behalf of the Board can be
                 given under section 16.


     page 12
                                                           Legal Practice Bill 2002
                                          The Legal Practice Board           Part 2

                                                                              s. 12



     12.         Powers of the Board
           (1)   The Board has all the powers it needs to perform its functions.
           (2)   Without limiting subsection (1), the Board may for the purpose
                 of performing its functions --
5                  (a) acquire, hold, manage, improve, develop and dispose of
                         any real or personal property;
                   (b) enter into leases, contracts and arrangements;
                   (c) provide, take and arrange security;
                   (d) employ and engage staff; and
10                 (e) do anything incidental to any of its powers.

     13.         Application of funds
                 The money received by the Board under this Act must be
                 applied by the Board for the purposes of this Act, which
                 include --
15                 (a) the administration and enforcement of regulations made
                         under section 247 and the rules; and
                   (b) the provision and maintenance of the Law Library at the
                         Supreme Court.

     14.         Accounts and records
20         (1)   The Board must --
                  (a) cause to be kept proper accounts of the financial
                       transactions of the Board;
                  (b) cause to be kept proper records of the business of the
                       Board; and
25                (c) prepare financial statements in accordance with
                       Australian Accounting Standards.
           (2)   Unless the Board determines otherwise, the financial statements
                 must be prepared on an accrual basis.



                                                                          page 13
     Legal Practice Bill 2002
     Part 2          The Legal Practice Board

     s. 15



     15.         Audit
                 The accounts and financial statements of the Board must be
                 audited at least once a year, at the expense of the Board, by an
                 auditor appointed by the Board with the prior approval of the
5                Attorney General.

     16.         Execution of documents by the Board
           (1)   The Board is to have a common seal.
           (2)   A document is duly executed by the Board if --
                  (a) the common seal of the Board is affixed to it in
10                     accordance with subsections (3) and (4); or
                  (b)    it is signed on behalf of the Board by a person or
                         persons authorised to do so under subsection (5).
           (3)   The common seal of the Board is not to be affixed to any
                 document except as authorised by the Board.
15         (4)   The common seal of the Board is to be affixed to a document in
                 the presence of 2 members of the Board, and each of them is to
                 sign the document to attest that the common seal was so affixed.
           (5)   The Board may, by writing under its seal, authorise a member or
                 members or a staff member or staff members to sign documents
20               on behalf of the Board, either generally or subject to such
                 conditions or restrictions as are specified in the authorisation.
           (6)   A document purporting to be executed in accordance with this
                 section is to be presumed to be duly executed until the contrary
                 is shown.
25         (7)   A document executed by a person under this section without the
                 common seal of the Board is not to be regarded as a deed unless
                 the person executes it as a deed and is authorised under
                 subsection (5) to do so.
           (8)   When a document is produced bearing a seal purporting to be
30               the common seal of the Board, it is to be presumed that the seal
                 is the common seal of the Board until the contrary is shown.

     page 14
                                                            Legal Practice Bill 2002
                                           The Legal Practice Board           Part 2

                                                                               s. 17



     17.         Annual and other reports
           (1)   On or before 31 December in each year the Board must make
                 and submit to the Attorney General an annual report of its
                 proceedings for the preceding year ending on 30 June together
5                with a copy of the financial statements and the auditor's report.
           (2)   The Attorney General must within 14 days after the day on
                 which a copy of an annual report, financial statement or
                 auditor's report is received by the Attorney General cause a
                 copy of the report or statement to be laid before each House of
10               Parliament or dealt with under section 251.
           (3)   The Board may from time to time report to the Attorney General
                 its views as to the jurisdiction conferred and the carrying out of
                 the functions required by Part 12, or any matter connected with
                 that jurisdiction or that Part.

15   18.         Protection from liability
           (1)   An action in tort does not lie against --
                  (a) the Board;
                  (b) a member of the Board; or
                  (c) an employee of the Board,
20               for anything that the Board or person has done, in good faith, in
                 the performance or purported performance of a function under
                 this Act.
           (2)   The protection given by subsection (1) applies even though the
                 thing done as described in that subsection may have been
25               capable of being done whether or not this Act had been enacted.
           (3)   In this section a reference to the doing of anything includes a
                 reference to the omission to do anything.
           (4)   A person who --
                   (a)   performs any function in relation to an inquiry before
30                       the Board under this Act; or


                                                                            page 15
    Legal Practice Bill 2002
    Part 2          The Legal Practice Board

    s. 18



               (b)   is otherwise concerned in an inquiry before the Board
                     under this Act,
              has, in respect of any such function or concern, the same
              protection and immunity as a member or an officer of the
5             Supreme Court, or a witness or a party before the Supreme
              Court, would have in respect of a function or concern of a like
              nature related to the jurisdiction of the Supreme Court.




    page 16
                                                             Legal Practice Bill 2002
                                                      Articled clerks          Part 3

                                                                               s. 19



                            Part 3 -- Articled clerks
     19.         Who may be an articled clerk
           (1)   A person must not be articled to a legal practitioner until the
                 person has --
5                  (a) provided to the Board such evidence as the Board may
                        require showing to the satisfaction of the Board that the
                        person --
                           (i) is of good fame and character; and
                          (ii) has reached the age of 16 years;
10                 (b) passed to the satisfaction of the Board any examination
                        required by the rules; and
                   (c) paid to the Board the fee prescribed by the rules.
           (2)   The Board may, but is not required to, hold an inquiry as to
                 whether a person seeking to be articled to a legal practitioner is
15               of good fame and character.
           (3)   Section 41 applies to an inquiry under subsection (2) as if the
                 inquiry were held under Part 5.
           (4)   If the Board decides, upon inquiry under this section, that a
                 person is not of good fame and character, that person must not
20               be articled to a legal practitioner.

     20.         Who may have an articled clerk
           (1)   Subject to subsections (5) and (6), a legal practitioner must not
                 take, have or retain an articled clerk unless that legal
                 practitioner is --
25                 (a) of not less than 2 years' standing as a legal practitioner;
                   (b) an individual practising on his or her own account in this
                          State or a legal practitioner director; and
                   (c) approved to take, have and retain an articled clerk by the
                          Board.



                                                                            page 17
     Legal Practice Bill 2002
     Part 3          Articled clerks

     s. 20



        (2)    The Board may, but is not required to, hold an inquiry as to
               whether a legal practitioner should be approved under
               subsection (1)(c).
        (3)    Section 41 applies to an inquiry under subsection (2) as if the
5              inquiry were held under Part 5.
        (4)    The Board may revoke an approval under subsection (1)(c) at
               any time.
        (5)    The Board may, by notice in writing and subject to such
               conditions as are specified in the notice, permit a person to be
10             articled to a legal practitioner even though the legal practitioner
               is of less than 2 years' standing as a legal practitioner or
               practises otherwise than on his or her own account or as a legal
               practitioner director.
        (6)    A legal practitioner who --
15              (a) is the State Solicitor of this State;
                (b) is the Director of Legal Aid appointed under section 18
                       of the Legal Aid Commission Act 1976;
                (c) is the Director of Public Prosecutions appointed under
                       section 5 of the Director of Public Prosecutions
20                     Act 1991;
                (d) is the person acting in this State as a Director of the
                       Australian Government Solicitor within the meaning of
                       the Judiciary Act 1903 of the Commonwealth; or
                (e) is the Regional General Counsel of the Australian
25                     Securities and Investments Commission in Western
                       Australia,
               may take, have and retain one or more articled clerks.
        (7)    No person, other than an individual referred to in subsection (6),
               may take, have or retain more than 2 articled clerks at any one
30             time unless that person has the approval of the Board.




     page 18
                                                             Legal Practice Bill 2002
                                                      Articled clerks          Part 3

                                                                                s. 21



           (8)   If --
                   (a)   a legal practitioner ceases to be a person practising on
                         his or her own account or to be a legal practitioner
                         director; or
5                 (b)    a person is a disqualified person,
                 that person must not take, have or retain an articled clerk.
           (9)   A person aggrieved by a decision of the Board to refuse to
                 approve a legal practitioner under subsection (1)(c), or to revoke
                 an approval under subsection (4), may appeal to the Supreme
10               Court.

     21.         Articles of clerkship
           (1)   All articles of clerkship and every assignment of articles must
                 be made by deed and registered under the rules.
           (2)   Registration of articles of clerkship or the assignment of articles
15               takes effect on a day determined under the rules.
           (3)   Service under articles of clerkship or the assignment of articles
                 does not commence until the articles are, or the assignment is,
                 registered under the rules.

     22.         Continuation of articles
20               If, before the expiration of an articled clerk's term of service --
                    (a) the legal practitioner to whom the articled clerk is
                         articled --
                            (i) dies;
                           (ii) is incapacitated by reason of mental disability;
25                        (iii) becomes a disqualified person; or
                          (iv) ceases to practise in this State on his or her own
                                 account or to be a legal practitioner director;
                   (b) the Board revokes its approval of the legal practitioner
                         to whom the articled clerk is articled; or


                                                                            page 19
     Legal Practice Bill 2002
     Part 3          Articled clerks

     s. 23



                   (c)   for any other reason the Board gives consent,
                 the clerk's service may, subject to section 21, be continued
                 under assignment of the articles to, or fresh articles with,
                 another legal practitioner.
5    23.         Articled clerk not to undertake other employment without
                 consent
           (1)   An articled clerk must not, except with the written consent of
                 the legal practitioner with whom the articles are served, hold
                 any office or undertake any employment other than --
10                 (a) as an articled clerk to the legal practitioner with whom
                         the articles are served for the time being; or
                   (b) in the capacity of an articled clerk to --
                            (i) a legal practitioner who is a partner of the legal
                                 practitioner with whom the articles are served for
15                               the time being; or
                           (ii) a legal practitioner director who is a legal
                                 practitioner director of the same incorporated
                                 legal practice as the legal practitioner director
                                 with whom the articles are served for the time
20                               being.
           (2)   An articled clerk must file any consent given to that articled
                 clerk under subsection (1) with the Board within 14 days of the
                 consent being given.
           (3)   Subject to subsection (5) the written consent of a legal
25               practitioner must not be given to an articled clerk unless the
                 hours of such other office or employment are outside working
                 hours.
           (4)   In subsection (3) --
                 "working hours" means the hours between 9 a.m. and 5 p.m.
30                    on those week days (excluding Saturdays, Sundays and
                      public holidays) when the offices of legal practitioners are
                      normally open to the public.


     page 20
                                                             Legal Practice Bill 2002
                                                      Articled clerks          Part 3

                                                                                  s. 24



           (5)   If, in the opinion of the Board, there are special circumstances
                 the Board may determine that subsection (3) does not apply in
                 relation to an articled clerk.
           (6)   The Board must not make a determination under subsection (5)
5                without the consent of the legal practitioner to whom the
                 articled clerk is articled.
           (7)   A determination under subsection (5) may be made conditional
                 upon such requirements as the Board thinks fit and may include
                 a requirement that the period of service under articles of
10               clerkship be extended.
           (8)   If a legal practitioner refuses to give consent under
                 subsection (1) or (6) the articled clerk may appeal to the Board.

     24.         Service under articles to accord with Act
                 Service under articles is not valid unless the service is
15               performed in accordance with this Act.

     25.         Reports to Board
                 If an articled clerk ceases to perform valid service under the
                 articles for a period of one month, the legal practitioner to
                 whom the clerk is articled must give a written report to the
20               Board on that cessation.

     26.         Cancellation of articles
           (1)   Upon the application of an articled clerk, or of the legal
                 practitioner to whom the clerk is articled, the Board may cancel
                 the articles of the clerk upon such terms as the Board thinks fit.
25         (2)   A person aggrieved by a decision of the Board under this
                 section may appeal to the Supreme Court.




                                                                             page 21
     Legal Practice Bill 2002
     Part 4          Admission of legal practitioners

     s. 27



                 Part 4 -- Admission of legal practitioners
     27.         Qualifications for admission of legal practitioners
           (1)   A person cannot be admitted as a legal practitioner unless the
                 person has reached the age of 21 years.
5          (2)   Subject to subsection (1), a person is qualified to be admitted as
                 a legal practitioner if that person --
                   (a) has --
                            (i) fulfilled the requirements as to the taking of a
                                  degree in law at a university specified in the
10                                rules together with such other academic
                                  requirements, if any, as may be specified in the
                                  rules either generally or in respect of a degree in
                                  law of a university specified in the rules; or
                           (ii) such other qualification as in the opinion of the
15                                Board is substantially equivalent to that degree,
                         and has served for the term prescribed by the rules under
                         articles of clerkship to a legal practitioner and at any
                         time during that term has satisfied the requirements for
                         practical legal training prescribed by the rules; or
20                 (b) is a person who --
                            (i) has a qualification that in the opinion of the
                                  Board is substantially equivalent to that referred
                                  to in paragraph (a)(i); or
                           (ii) is experienced in legal practice in a place where
25                                the system of jurisprudence is substantially
                                  equivalent to the system of jurisprudence
                                  administered in this State,
                         and has met the requirements of the Board, if any,
                         imposed in respect of that person under subsection (3).




     page 22
                                                            Legal Practice Bill 2002
                                     Admission of legal practitioners         Part 4

                                                                                 s. 28



           (3)   The Board may require a person to do all or any of the
                 following --
                   (a) to obtain qualifications, pass examinations, or fulfil
                        other requirements specified by the Board, in addition to
5                       the qualifications referred to in subsection (2)(b);
                   (b) to serve a term of articles specified by the Board in
                        addition to the qualifications referred to in
                        subsection (2)(b),
                 before that person can be qualified to be admitted as a legal
10               practitioner under subsection (2)(b).

     28.         Admission of legal practitioner
           (1)   A person may be admitted by the Full Court as a legal
                 practitioner if that person --
                   (a) is qualified under section 27 to be admitted;
15                 (b) has provided to the Board such evidence as the Board
                          may require showing to the satisfaction of the Board that
                          the person is of good fame and character and fit and
                          proper to be so admitted;
                   (c) has obtained from the Board a certificate that the person
20                        has --
                             (i) provided the evidence required under
                                  paragraph (b); and
                            (ii) observed and complied with the provisions of
                                  this Act and the rules;
25                 (d) has advertised in the manner and for the period required
                          by the rules a notice of intention to apply for admission;
                          and
                   (e) has paid to the Board the fee, if any, prescribed by the
                          rules.
30         (2)   The Board may, but is not required to, hold an inquiry as to
                 whether a person seeking a certificate under subsection (1)(c) is
                 of good fame and character and fit and proper to be admitted.

                                                                            page 23
     Legal Practice Bill 2002
     Part 4          Admission of legal practitioners

     s. 29



           (3)   Section 41 applies to an inquiry under subsection (2) as if the
                 inquiry were held under Part 5.
           (4)   If --
                   (a)   a person fails to produce evidence required by the Board
5                        under subsection (1)(b) showing to the satisfaction of
                         the Board that the person is of good fame and character
                         and fit and proper to be admitted; or
                   (b)   the Board decides, upon inquiry under subsection (2),
                         that a person is not of good fame and character and fit
10                       and proper to be admitted,
                 the Board may refuse to grant a certificate under
                 subsection (1)(c).
           (5)   A person to whom the Board has refused to grant a certificate
                 under subsection (1)(c) may appeal to the Supreme Court.

15   29.         Objection to admission
           (1)   Any person may, on reasonable grounds, object to the admission
                 of a person as a legal practitioner.
           (2)   A notice, stating the grounds of the objection, must be lodged in
                 the Supreme Court at least 7 days before the day on which the
20               application for admission is made.
           (3)   A person objecting under this section is entitled to be heard to
                 oppose the admission personally or by counsel, with or without
                 witnesses.

     30.         Admission by Full Court
25         (1)   No person is to be admitted as a legal practitioner except by the
                 Full Court.
           (2)   Where an applicant for admission as a legal practitioner is
                 admitted to practise as a barrister or solicitor, or as a barrister
                 and solicitor, of --
30                 (a) a superior court of another State; or

     page 24
                                                             Legal Practice Bill 2002
                                      Admission of legal practitioners         Part 4

                                                                                 s. 31



                  (b)    the High Court of Australia,
                 the application for admission may be made by counsel on behalf
                 of the applicant without personal attendance by the applicant at
                 the hearing of the application.

5    31.         Roll of Practitioners
           (1)   Subject to any rule referred to in subsection (2), a person must,
                 immediately after being admitted as a legal practitioner, sign the
                 Roll of Practitioners.
           (2)   The Supreme Court may make rules providing for the manner in
10               which a person admitted under section 30(2) as a legal
                 practitioner without personal attendance as an applicant may --
                   (a) make oath or affirmation; and
                   (b) provide a signature to the Roll of Practitioners.
           (3)   The Roll of Practitioners is to be kept in the custody of the
15               Principal Registrar of the Supreme Court.
           (4)   The Roll of Practitioners must, during office hours, be open to
                 inspection by any person without fee.
           (5)   A certificate of a Registrar of the Supreme Court as to any
                 matter in the Roll of Practitioners is conclusive evidence of that
20               matter.

     32.         Certificate of admission
           (1)   Every person who is admitted as a legal practitioner is entitled
                 to obtain from a Registrar of the Supreme Court a certificate of
                 that admission.
25         (2)   The certificate is to be in a form prescribed by the rules.

     33.         Restrictions on entitlement to practise
           (1)   A legal practitioner qualified to be admitted under
                 section 27(2)(a) --
                   (a) is not entitled to practise; and

                                                                               page 25
     Legal Practice Bill 2002
     Part 4          Admission of legal practitioners

     s. 34



                  (b)    must not practise,
                 on his or her own account until he or she has completed, after
                 being admitted, a term of 12 months as an employed legal
                 practitioner in the office of a legal practitioner authorised under
5                this Act to take, have and retain an articled clerk.
           (2)   If a person is qualified to be admitted as a legal practitioner
                 under section 27(2)(b) the Board may, in writing, require the
                 person to complete, after being admitted, a term of a specified
                 period as an employed legal practitioner in the office of a legal
10               practitioner authorised under this Act to take, have and retain an
                 articled clerk.
           (3)   The specified term the Board may require a person to complete
                 under subsection (2) must not exceed 12 months.
           (4)   A person required to complete a term as an employed legal
15               practitioner under subsection (2) --
                   (a) is not entitled to practise; and
                   (b) must not practise,
                 on his or her own account until that requirement has been
                 complied with to the satisfaction of the Board.

20   34.         Re-admission as a legal practitioner
           (1)   A person who has been struck off the Roll of Practitioners may
                 apply to the Full Court for re-admission as a legal practitioner.
           (2)   A person applying for re-admission must produce to the Full
                 Court a certificate from the Board certifying that --
25                (a) the applicant for re-admission has satisfied the Board
                        upon inquiry that he or she is, in the opinion of the
                        Board, a fit and proper person to be re-admitted; and
                  (b) the rules relating to re-admission have been complied
                        with.




     page 26
                                                 Legal Practice Bill 2002
                          Admission of legal practitioners         Part 4

                                                                    s. 34



(3)   The provisions of section 41(2) apply to an inquiry under
      subsection (2)(a) as if the inquiry were made under Part 5.
(4)   A person to whom the Board has refused to grant a certificate
      under subsection (2) may appeal to the Supreme Court.




                                                                page 27
     Legal Practice Bill 2002
     Part 5          Practice certificates

     s. 35



                         Part 5 -- Practice certificates
     35.         Requirement to hold practice certificate
           (1)   Subject to subsection (2), a practice certificate is required to be
                 held by every legal practitioner --
5                  (a) who is engaged in legal practice in this State, whether or
                        not as an employee; or
                   (b) who is prepared, or purports to be prepared, to be
                        retained for fee, gain or reward in legal practice in this
                        State.
10         (2)   Subsection (1) does not apply to --
                  (a) a legal practitioner who is merely seeking a position as
                        an employee;
                  (b) a legal practitioner taken to be a certificated practitioner
                        under section 36; or
15                (c) an interstate practitioner.

     36.         Legal practitioner employed by this State
                 A legal practitioner employed by this State in a salaried
                 capacity, while acting in an official capacity as a legal
                 practitioner so employed, is taken to be a certificated
20               practitioner.

     37.         Application for practice certificate
           (1)   An application for a practice certificate may only be made by a
                 legal practitioner.
           (2)   An application for a practice certificate must --
25                (a) be made to the Board in a form approved by the Board;
                  (b) contain, or be accompanied by, such information as is
                        prescribed by the rules;
                  (c) be accompanied by the application fee prescribed by the
                        rules; and


     page 28
                                                              Legal Practice Bill 2002
                                                  Practice certificates         Part 5

                                                                                 s. 38



                  (d)    be signed by the applicant.
           (3)   An application for a practice certificate may be made at any
                 time unless subsection (4) applies.
           (4)   Subject to subsections (5) and (6), a legal practitioner who holds
5                a practice certificate must apply for the issue of a further
                 practice certificate --
                   (a) by such date (if any) as is prescribed by the rules for
                         applications; or
                   (b) prior to the date of expiry of the current certificate,
10               whichever is the earlier date.
           (5)   If a legal practitioner satisfies the Board that he or she is no
                 longer engaged in legal practice in this State and is not
                 prepared, and does not purport to be prepared, to be retained for
                 fee, gain or reward in legal practice in this State, the legal
15               practitioner is not required to apply for the issue of a further
                 practice certificate.
           (6)   Despite subsection (4) the Board may, in its discretion, accept
                 an application for a practice certificate by a legal practitioner
                 whose practice certificate has expired and who has paid the late
20               fee (if any) prescribed by the rules.

     38.         Refusal of application
           (1)   The Board must refuse to issue a practice certificate if --
                  (a) the application is not made in accordance with
                       section 37; or
25                (b) the applicant is a disqualified person.
           (2)   The Board may refuse to issue a practice certificate if an order
                 in respect of the legal practitioner has been made under
                 section 177, 185 or 191 and --
                   (a) a fine imposed by the order has not been paid;
30                 (b) costs awarded against the legal practitioner by the order
                         have not been paid; or

                                                                              page 29
     Legal Practice Bill 2002
     Part 5          Practice certificates

     s. 39



                   (c)   expenses payable by the legal practitioner pursuant to an
                         order made under section 177(2)(e) or 191(1)(b) have
                         not been paid.
           (3)   The Board may refuse to issue a practice certificate under
5                regulations made under section 247 as to professional indemnity
                 insurance.
           (4)   The Board may refuse to issue a practice certificate if --
                  (a) the applicant for the practice certificate has not been a
                       certificated practitioner during the 5 years preceding the
10                     application; and
                  (b) the Board is not satisfied that the applicant is a fit and
                       proper person and competent to practice in this State.

     39.         Unfit, incapable or insolvent practitioners
           (1)   In this section --
15               "impairment" means --
                      (a) mental disability;
                      (b) injury;
                      (c) physical illness;
                      (d) dependence on alcohol;
20                    (e) addiction to a deleterious drug or substance;
                 "incapable practitioner" means a legal practitioner whose
                      impairment is such that the ability of the person to practise
                      as a legal practitioner is, or is likely to be, adversely
                      affected;
25               "insolvent practitioner" means --
                      (a) a legal practitioner who is an insolvent under
                             administration within the meaning of the
                             Corporations Act;
                      (b) a legal practitioner director of an incorporated legal
30                           practice that is insolvent within the meaning of the
                             Corporations Act;

     page 30
                                                              Legal Practice Bill 2002
                                                  Practice certificates         Part 5

                                                                                 s. 40



                 "unfit practitioner" means a legal practitioner who --
                     (a) is not a fit and proper person to hold a practice
                           certificate;
                     (b) has failed to comply with a condition to which the
5                          issue of the practitioner's practice certificate was
                           subject;
                     (c) has contravened an order made in respect of the
                           practitioner by the Complaints Committee or
                           Disciplinary Tribunal;
10                   (d) has contravened a provision of this Act;
                     (e) is in prison; or
                      (f) is otherwise unfit to engage in legal practice.
           (2)   If an applicant for, or holder of, a practice certificate is an
                 insolvent practitioner, the Board may apply to the Disciplinary
15               Tribunal for a hearing and determination under section 188.
           (3)   If the Board suspects or believes that --
                   (a) an applicant for, or holder of, a practice certificate is an
                         incapable practitioner or an unfit practitioner; and
                   (b) it would --
20                          (i) be in the public interest or in the interest of the
                                 legal practitioner's clients or potential clients; or
                           (ii) protect the integrity of the legal profession or the
                                 administration of justice,
                         if the application were refused, or the practice certificate
25                       suspended or cancelled,
                 the Board may, without further inquiry, apply to the
                 Disciplinary Tribunal for a hearing and determination under
                 section 188.

     40.         Conditions may be imposed upon practice certificate
30         (1)   The Board may issue a practice certificate unconditionally or
                 subject to conditions.

                                                                              page 31
     Legal Practice Bill 2002
     Part 5          Practice certificates

     s. 40



        (2)    The Board may, by notice in writing given to the holder of a
               practice certificate, add to, vary or revoke a condition of a
               practice certificate, whether or not the certificate was originally
               issued unconditionally.
5       (3)    Without limiting subsection (1), the conditions that may be
               imposed include --
                 (a) restricting the entitlement of the holder of the certificate
                      to practise to certain specified classes of legal practice;
                 (b) prohibiting the holder of the certificate from engaging in
10                    certain specified classes of legal practice;
                 (c) requiring the holder of the certificate to undertake all
                      legal practice or certain specified classes of legal
                      practice subject to supervision of a specified type;
                 (d) requiring the holder of the certificate to engage in legal
15                    practice only in a type or types of legal practice or in the
                      employment of a specified person;
                 (e) requiring the holder of the certificate to undertake and
                      complete to the satisfaction of the Board continuing
                      legal education or training of a type or types specified
20                    by the Board;
                  (f) requiring the holder of the certificate to cease employing
                      a specified person or persons.
        (4)    Where an order of the Disciplinary Tribunal is made against a
               legal practitioner under section 187(1)(b), or an order of a Judge
25             is made under section 156(1)(e), imposing conditions or
               restrictions on the right of a legal practitioner to practise, the
               Board must impose conditions or restrictions on the practice
               certificate of that legal practitioner to give effect to that order.
        (5)    A legal practitioner who is the holder of a practice certificate
30             must not contravene a condition imposed on the certificate.




     page 32
                                                             Legal Practice Bill 2002
                                                 Practice certificates         Part 5

                                                                                s. 41



     41.         Board's powers of inquiry
           (1)   The Board may, but is not required to, hold an inquiry as to --
                   (a)   whether an application should be made to the
                         Disciplinary Tribunal under section 39; or
5                 (b)    whether, and what, conditions should be imposed on a
                         practice certificate under section 40.
           (2)   For the purposes of enabling the Board to make the inquiry, the
                 Board may --
                  (a) by summons require any person to attend before the
10                       Board as a witness and give evidence or to produce any
                         record in the possession or control of that person that
                         relates to a matter in question at the inquiry;
                  (b) examine the witness on oath or affirmation.
           (3)   Before determining whether to make an application under
15               section 39 in respect of an applicant for, or holder of, a practice
                 certificate whom the Board suspects or believes may be an
                 incapable practitioner, the Board may require the applicant or
                 holder to be medically examined by a medical practitioner
                 nominated by the Board.
20         (4)   A refusal or failure by a person to comply with a requirement
                 for a medical examination may be accepted by the Board as
                 evidence that the person is an incapable practitioner.
           (5)   For the purposes of subsection (2)(b) a member of the Board
                 may administer oaths or affirmations.
25         (6)   The provisions of section 195 apply to a summons issued by the
                 Board under this section.




                                                                             page 33
     Legal Practice Bill 2002
     Part 5          Practice certificates

     s. 42



     42.         Duration of practice certificate
                 A practice certificate --
                   (a)   if issued on application by a certificated practitioner --
                            (i) takes effect on the day next succeeding the
5                                 expiry of the current certificate held by that
                                  practitioner; and
                           (ii) subject to this Act, remains in force for
                                  12 months or such shorter period as is specified
                                  in the practice certificate;
10                (b)    if issued on application by a legal practitioner other than
                         a certificated practitioner --
                            (i) takes effect on the day on which it is issued, or
                                  on such earlier day as is determined by the
                                  Board; and
15                         (ii) subject to this Act, remains in force until 30 June
                                  next succeeding.

     43.         Suspension or cancellation of practice certificate after
                 disciplinary proceedings
           (1)   If the name of a person is removed from the Roll of
20               Practitioners the practice certificate held by the person is
                 automatically cancelled.
           (2)   If the right of a person to practise in this State as a legal
                 practitioner is suspended, the legal practitioner is to be taken,
                 during the period of suspension, not to hold a current practice
25               certificate.

     44.         Appeals
                 A legal practitioner may appeal to the Supreme Court against a
                 decision of the Board --
                   (a) to refuse to issue a practice certificate to the legal
30                       practitioner;



     page 34
                                           Legal Practice Bill 2002
                               Practice certificates         Part 5

                                                                  s. 44



(b)   to issue a practice certificate to the legal practitioner
      subject to conditions; or
(c)   to vary the conditions subject to which a practice
      certificate is issued to the legal practitioner.




                                                           page 35
     Legal Practice Bill 2002
     Part 6          Business structures
     Division 1      General
     s. 45



                         Part 6 -- Business structures
                                Division 1 -- General
     45.         Practitioner may practise under any business structure
           (1)   Subject to this Act, a certificated practitioner may engage in
5                legal practice under any form of business structure recognised
                 by law including, but not limited to --
                   (a) a practice on his or her own account;
                   (b) a partnership; or
                   (c) a corporation.
10         (2)   Nothing in this section authorises a person to do any thing the
                 person is prohibited from doing under this Act or any other law
                 under which the person is incorporated or the person's affairs
                 are regulated.

     46.         Obligations of individual legal practitioners not affected
15               Except as provided by this Part, nothing in this Part affects any
                 obligation imposed on a legal practitioner under this Act or any
                 other written law.

                    Division 2 -- Incorporated legal practices
     47.         Nature of incorporated legal practice
20         (1)   Subject to subsection (2) and sections 48(3), 69(6) and 70(3), if
                 a corporation provides legal services in this State (whether or
                 not it provides other services) it is an incorporated legal
                 practice.
           (2)   Subsection (1) does not apply in respect of a corporation if --
25                (a) the corporation does not receive any form of, or have an
                        expectation of, a fee, gain or reward for the legal
                        services it provides;



     page 36
                                                                 Legal Practice Bill 2002
                                                     Business structures           Part 6
                                             Incorporated legal practices     Division 2
                                                                                     s. 48



                   (b)    the only legal services that the corporation provides are
                          legal services concerning a proceeding or transaction to
                          which the corporation (or a related body corporate) is a
                          party (in-house legal services);
5                  (c)    the only legal services that the corporation provides are
                          services that --
                             (i) are not legally required to be provided by a legal
                                  practitioner; and
                            (ii) are provided by an officer or an employee who is
10                                not a legal practitioner;
                          or
                   (d)    the regulations so provide.
                 Note: Under section 123, the prohibition on engaging in legal practice except
                       as a certificated practitioner extends to legal services provided by an
15                     incorporated legal practice.

     48.         Services and businesses of incorporated legal practices
           (1)   An incorporated legal practice may provide any service and
                 conduct any business that the corporation may lawfully provide
                 or conduct, except as provided by this section.
20         (2)   The regulations may prohibit an incorporated legal practice or a
                 related body corporate from providing a service or conducting a
                 business of a kind specified by the regulations.
           (3)   A corporation ceases to be an incorporated legal practice if the
                 corporation or a related body corporate contravenes this section
25               or a regulation made under this section.

     49.         Corporations eligible to be incorporated legal practices
           (1)   Any corporation is eligible to be an incorporated legal practice.
           (2)   This section does not authorise a corporation to provide legal
                 services if the corporation is prohibited from doing so by any
30               Act or law (whether of this State, the Commonwealth or any



                                                                                     page 37
     Legal Practice Bill 2002
     Part 6          Business structures
     Division 2      Incorporated legal practices
     s. 50



                 other State) under which it is incorporated or its affairs are
                 regulated.

     50.         Notice by corporation
           (1)   A corporation must, before commencing to provide legal
5                services in this State, notify the Board in writing of its intention
                 to do so.
                 Penalty: $50 000.
           (2)   The notice must include the particulars prescribed by the
                 regulations.

10   51.         Responsibilities of legal practitioner director
           (1)   Subject to section 53, an incorporated legal practice is required
                 to have at least one legal practitioner director.
           (2)   Each legal practitioner director of an incorporated legal practice
                 is, for the purposes only of this Act, responsible for the
15               management of the legal services provided in this State by the
                 incorporated legal practice.
           (3)   Each legal practitioner director of an incorporated legal practice
                 must ensure that appropriate management systems are
                 implemented and maintained to enable the provision of legal
20               services by the incorporated legal practice --
                   (a) in accordance with the professional obligations of legal
                         practitioners and other obligations imposed under this
                         Act; and
                   (b) so that the obligations of legal practitioners who are
25                       officers or employees of the incorporated legal practice
                         are not adversely affected by other officers or employees
                         of the practice.
           (4)   A legal practitioner director of an incorporated legal practice
                 must not remain as a director of the practice if it becomes
30               apparent that the provision of legal services by the incorporated
                 legal practice will result in breaches of the professional



     page 38
                                                             Legal Practice Bill 2002
                                                 Business structures           Part 6
                                         Incorporated legal practices     Division 2
                                                                                 s. 52



                 obligations of legal practitioners or other obligations imposed
                 under this Act.
           (5)   Nothing in this Part derogates from the obligations or liability of
                 a director of an incorporated legal practice under any other law.

5    52.         Obligations of legal practitioner director relating to
                 unsatisfactory conduct
           (1)   Each of the following is capable of constituting unsatisfactory
                 conduct by a legal practitioner director of an incorporated legal
                 practice --
10                 (a) unsatisfactory conduct by a legal practitioner employed
                         or engaged by the incorporated legal practice;
                   (b) conduct of any other director (not being a legal
                         practitioner) of the incorporated legal practice that
                         adversely affects the provision of legal services by the
15                       incorporated legal practice;
                   (c) the unsuitability of any other director (not being a legal
                         practitioner) of the incorporated legal practice to be a
                         director of a corporation that provides legal services.
           (2)   A legal practitioner director of an incorporated legal practice
20               must ensure that all reasonable action available to the legal
                 practitioner director is taken to deal with any unsatisfactory
                 conduct of a legal practitioner employed or engaged by the
                 practice.

     53.         Absence of legal practitioner director
25         (1)   An incorporated legal practice commits an offence if the
                 incorporated legal practice does not have a legal practitioner
                 director for a period exceeding 7 days.
                 Penalty: $25 000.
           (2)   If an incorporated legal practice ceases to have a legal
30               practitioner director, the incorporated legal practice must notify
                 the Board.


                                                                             page 39
     Legal Practice Bill 2002
     Part 6          Business structures
     Division 2      Incorporated legal practices
     s. 54



                 Penalty: $10 000.
           (3)   The Board may, if it thinks it appropriate, appoint a certificated
                 practitioner who is an officer or employee of the incorporated
                 legal practice or another person nominated by the Board, in the
5                absence of a legal practitioner director, to exercise the functions
                 conferred on a legal practitioner director under this Division.
           (4)   The appointment under this section of a person to exercise the
                 functions of a legal practitioner director of an incorporated legal
                 practice does not, for any other purpose, confer on the person
10               any of the other functions of a director of the incorporated legal
                 practice.

     54.         Obligations of legal practitioners who are officers or
                 employees
           (1)   A legal practitioner who engages in legal practice as an officer
15               or employee of an incorporated legal practice is not excused
                 from compliance with the professional obligations of a legal
                 practitioner or any other obligations of a legal practitioner under
                 any law.
           (2)   For the purpose only of the application of those obligations, a
20               person provided with legal services by an incorporated legal
                 practice is taken to be a client of the legal practitioner engaged
                 in providing those services.

     55.         Professional privileges
           (1)   A legal practitioner who engages in legal practice as an officer
25               or employee of an incorporated legal practice, does not lose the
                 professional privileges of a legal practitioner.
           (2)   For the purpose only of the application of those privileges, a
                 person provided with legal services by an incorporated legal
                 practice is taken to be a client of the legal practitioner engaged
30               in providing those services.




     page 40
                                                                 Legal Practice Bill 2002
                                                     Business structures           Part 6
                                             Incorporated legal practices     Division 2
                                                                                     s. 56



           (3)   To avoid doubt, the law relating to client legal privilege (or
                 other legal professional privilege) is not excluded or otherwise
                 affected by the fact that a legal practitioner engages in legal
                 practice as an officer or employee of an incorporated legal
5                practice.

     56.         Pro bono services
                 The directors of incorporated legal practice do not breach their
                 duties as directors merely because legal services are provided
                 pro bono by the incorporated legal practice.

10   57.         Conflicts of interest
           (1)   For the purposes of the application of any law or rule relating to
                 conflicts of interest to the conduct of --
                   (a) a legal practitioner director of an incorporated legal
                         practice; or
15                 (b) a legal practitioner who is an officer or employee of an
                         incorporated legal practice,
                 the interests of the incorporated legal practice, or any other
                 officer or employee of the incorporated legal practice (whether
                 or not a legal practitioner), are taken to be the same as those of
20               the legal practitioner concerned.
           (2)   Rules may be made for or with respect to additional duties and
                 obligations in connection with conflicts of interest arising out of
                 the conduct of an incorporated legal practice.
                 Note: Under section 54, a legal practitioner who is an officer or employee of
25                     an incorporated legal practice must comply with the same professional
                       obligations as other legal practitioners in connection with conflicts of
                       interest.

     58.         Disclosure obligations
           (1)   If a person engages an incorporated legal practice to provide
30               legal services, each legal practitioner director of the practice,
                 and any legal practitioner who provides legal services as an
                 officer or employee of the incorporated legal practice, must

                                                                                      page 41
     Legal Practice Bill 2002
     Part 6          Business structures
     Division 2      Incorporated legal practices
     s. 58



               ensure that a disclosure is made to the person in connection with
               the provision of legal services.
               Penalty: $25 000.
        (2)    The disclosure must be made by giving the person a notice in
5              writing setting out the following:
                (a) the legal services to be provided;
                (b) the non-legal services (if any) to be provided in
                       connection with the provision of legal services;
                (c) that this Act applies to the provision of legal services but
10                     not to the provision of the non-legal services;
                (d) whether any financial benefit or commission (other than
                       fees for the provision of the legal services or the
                       non-legal services) has been or is to be received by the
                       incorporated legal practice, any employee or officer of
15                     the incorporated legal practice or any related body
                       corporate, as a result of the provision of the legal
                       services or non-legal services or any referral by any
                       such employee, officer or related body corporate related
                       to that provision;
20              (e) the amount or value of any such financial benefit or
                       commission, if known, or, if not known, the method by
                       which it is to be calculated.
        (3)    The regulations may make provision for or with respect to the
               following matters:
25               (a) the manner in which disclosure is to be made;
                 (b) additional matters required to be disclosed by an
                      incorporated legal practice in connection with the
                      provision of legal services or non-legal services by an
                      incorporated legal practice.
30      (4)    Without limiting subsection (2), the additional matters may
               include the kind of services provided by the incorporated legal
               practice and whether those services are or are not covered by the
               insurance or other provisions of this Act.

     page 42
                                                            Legal Practice Bill 2002
                                                Business structures           Part 6
                                        Incorporated legal practices     Division 2
                                                                                s. 59



     59.         Application of rules to incorporated legal practice
           (1)   Any rules that apply to legal practitioners apply to legal
                 practitioners who are officers or employees of an incorporated
                 legal practice.
5          (2)   The rules cannot --
                  (a)   regulate any services that an incorporated legal practice
                        may provide (other than the provision of legal services,
                        or other services in circumstances where a conflict of
                        interest relating to the provision of legal services may
10                      arise); or
                  (b)   regulate or prohibit the conduct of officers or employees
                        of an incorporated legal practice (other than in
                        connection with the provision of legal services, or other
                        services in circumstances where a conflict of interest
15                      relating to the provision of legal services may arise).

     60.         Requirements relating to professional indemnity insurance
           (1)   An incorporated legal practice is required to comply with the
                 regulations made under section 247 as to professional indemnity
                 insurance that apply to an incorporated legal practice.
20         (2)   Nothing in this section affects any obligation of a legal
                 practitioner who is an officer or employee of an incorporated
                 legal practice to obtain professional indemnity insurance in
                 accordance with regulations made under section 247.
           (3)   If an incorporated legal practice fails to comply with the
25               requirement under subsection (1), the Board may apply to the
                 Disciplinary Tribunal for a hearing and determination under
                 section 189.

     61.         Requirements relating to advertising
           (1)   Any restriction imposed under this Act or any other written law
30               in connection with advertising by legal practitioners applies to



                                                                            page 43
     Legal Practice Bill 2002
     Part 6          Business structures
     Division 2      Incorporated legal practices
     s. 62



                 advertising by an incorporated legal practice with respect to the
                 provision of legal services.
           (2)   Any such advertisement is, for the purposes of disciplinary
                 proceedings taken against a legal practitioner, taken to have
5                been authorised by each legal practitioner director of the
                 incorporated legal practice.

     62.         Requirements relating to legal fees and costs
           (1)   Unless the regulations otherwise provide, the provisions of this
                 Act, and any other written law, relating to legal costs and
10               remuneration of legal practitioners apply to an incorporated
                 legal practice, and to an external administrator of an
                 incorporated legal practice, in the same way that they apply to a
                 legal practitioner.
           (2)   The regulations may make provision with respect to the
15               application or modification of the provisions of this Act relating
                 to legal costs and remuneration of legal practitioners.

     63.         Requirements relating to trust accounts
           (1)   Unless the regulations otherwise provide --
                  (a) Part 10 and any rules relating to requirements for trust
20                      accounts apply to an incorporated legal practice in the
                        same way as they apply to a legal practitioner, but only
                        in connection with legal services provided by the
                        practice; and
                  (b) money received by a legal practitioner on behalf of
25                      another person in the course of legal practice includes
                        money received by any officer or employee of the
                        incorporated legal practice on behalf of another person
                        in the course of providing legal services.
           (2)   An examination under section 142 that relates to trust accounts
30               may extend to all of the affairs of an incorporated legal practice
                 and to all of its documents.



     page 44
                                                             Legal Practice Bill 2002
                                                 Business structures           Part 6
                                         Incorporated legal practices     Division 2
                                                                                 s. 64



           (3)   Without limiting the powers of the Complaints Committee or
                 Disciplinary Tribunal, the Complaints Committee and the
                 Disciplinary Tribunal may exercise their disciplinary powers
                 with respect to breaches of trust account requirements with
5                respect to a legal practitioner director of an incorporated legal
                 practice for any relevant failure of the practice or any officer or
                 employee of the practice.
           (4)   The regulations may make provision with respect to the
                 application or modification of the provisions of this Act relating
10               to trust accounts for the purposes of this section.

     64.         Part 11 (except section 150) does not apply to incorporated
                 legal practice
           (1)   Part 11 (other than section 150) does not apply to a corporation
                 that is or was an incorporated legal practice.
15         (2)   Section 150 applies to a corporation that is or was an
                 incorporated legal practice in the same way as it applies to a
                 person who is or was a legal practitioner.
           (3)   An application may be made, and directions may be given,
                 under section 153(b) in relation to an order made under
20               section 150 in respect of the trust account of an incorporated
                 legal practice.

     65.         Extension of vicarious liability of incorporated legal practice
           (1)   This section applies to any of the following proceedings (being
                 proceedings based on the vicarious liability of an incorporated
25               legal practice) --
                   (a) civil proceedings relating to a failure to account for, pay
                         or deliver money or other valuable property received by
                         or entrusted to, the practice (or to any legal practitioner
                         or other officer or employee of the practice) in the
30                       course of the provision of legal services by the practice,
                         being money or other valuable property under the direct
                         or indirect control of the practice;


                                                                             page 45
     Legal Practice Bill 2002
     Part 6          Business structures
     Division 2      Incorporated legal practices
     s. 66



                  (b)   civil proceedings for any other debt owed, or damages
                        payable, to a client as a result of a dishonest act or
                        omission by a legal practitioner who is an officer or
                        employee of the practice in connection with the
5                       provision of legal services to the client.
           (2)   If the incorporated legal practice would not (but for this section)
                 be vicariously liable for any acts or omissions of its officers and
                 employees in any such proceedings, but would be liable for
                 those acts or omissions if the practice and those officers and
10               employees were carrying on business in partnership, the practice
                 is taken to be vicariously liable for those acts or omissions.

     66.         Prohibition on association with prohibited persons
                 An incorporated legal practice is guilty of an offence if a
                 prohibited person or a person who is the subject of an order
15               under section 70 or 87 --
                   (a) is an officer or employee of the incorporated legal
                         practice (whether or not the person engages in legal
                         practice) or is an officer or employee of a related body
                         corporate;
20                 (b) is a partner of the incorporated legal practice in a
                         business that includes the provision of legal services;
                   (c) shares the receipts of the provision of legal services by
                         the incorporated legal practice; or
                   (d) is engaged or paid in connection with the provision of
25                       legal services by the incorporated legal practice.
                 Penalty: $25 000.

     67.         Investigative powers relating to incorporated legal practices
           (1)   The regulations may make provision for or with respect to --
                  (a) audits conducted under section 68;
30                (b) investigations, and examinations under Part 10, relating
                        to the trust accounts of an incorporated legal practice;
                        and

     page 46
                                                            Legal Practice Bill 2002
                                                Business structures           Part 6
                                        Incorporated legal practices     Division 2
                                                                                s. 68



                  (c)   inquiries relating to a complaint made under this Act in
                        relation to an incorporated legal practice.
           (2)   Without limiting subsection (1), regulations under that
                 subsection may be made to extend powers conferred under this
5                Act by reference to and modification of any of the provisions of
                 the Australian Securities and Investments Commission Act 2001
                 of the Commonwealth relating to --
                   (a) examination of persons;
                   (b) inspection of books; and
10                 (c) holding of hearings.

     68.         Audit of incorporated legal practice
           (1)   The Board may audit --
                  (a)   an incorporated legal practice (and its officers and
                        employees) to check its compliance with the
15                      requirements of this Act in connection with the
                        provision of legal services by the practice; and
                  (b)   the management of the provision of legal services by the
                        incorporated legal practice, including the supervision of
                        officers and employees in relation to the services.
20         (2)   An audit may be conducted whether or not a complaint has been
                 made with respect to the provision of legal services by the
                 incorporated legal practice.
           (3)   A report of an audit --
                  (a) is to be provided to the incorporated legal practice
25                      concerned by the Board;
                  (b) may be provided to the Complaints Committee by the
                        Board; and
                  (c) may be taken into account in connection with any
                        disciplinary proceedings taken against a legal
30                      practitioner director or other legal practitioner or in
                        connection with the issue, suspension or cancellation of
                        practice certificates.

                                                                            page 47
     Legal Practice Bill 2002
     Part 6          Business structures
     Division 2      Incorporated legal practices
     s. 69



     69.         Banning of incorporated legal practice
           (1)   The Supreme Court may, on the application of the Board, make
                 an order disqualifying a corporation from providing legal
                 services in this State for the period the Court considers
5                appropriate if the Court is satisfied that --
                   (a) a ground for disqualifying the corporation under this
                         section has been established; and
                   (b) the disqualification is justified.
           (2)   An order under this section may, if the Court thinks it
10               appropriate, be made --
                   (a) subject to conditions as to the conduct of an
                        incorporated legal practice;
                   (b) subject to conditions as to when or in what
                        circumstances the order is to take effect; or
15                 (c) together with orders to safeguard the interests of clients,
                        employees and officers of the incorporated legal
                        practice.
           (3)   The grounds for disqualifying an incorporated legal practice
                 are --
20                 (a) that a legal practitioner director or a legal practitioner
                        who is an officer or employee of the corporation has
                        been found guilty of unsatisfactory conduct;
                   (b) that the Board is satisfied, after conducting an audit of
                        the incorporated legal practice, that the incorporated
25                      legal practice has failed to implement satisfactory
                        management and supervision of its provision of legal
                        services;
                   (c) that an incorporated legal practice has contravened
                        section 66;
30                 (d) that a person who is the subject of an order under
                        section 70 or 87 is acting in the management of the
                        incorporated legal practice.


     page 48
                                                             Legal Practice Bill 2002
                                                 Business structures           Part 6
                                         Incorporated legal practices     Division 2
                                                                                 s. 70



           (4)   A corporation that is disqualified from providing legal services
                 in another State is taken to be disqualified from providing legal
                 services in this State.
           (5)   A corporation that provides legal services in contravention of an
5                order made under this section is guilty of an offence.
                 Penalty: $50 000.
           (6)   A corporation that is disqualified under this section ceases to be
                 an incorporated legal practice.
           (7)   The regulations may make provision for or with respect to the
10               publication and notification of orders made under this section,
                 including notification of regulatory authorities in other States.

     70.         Disqualification from managing incorporated legal practice
           (1)   The Supreme Court may, on the application of the Board, make
                 an order disqualifying a person from managing a corporation
15               that is an incorporated legal practice for the period the Court
                 considers appropriate if the Court is satisfied that --
                   (a) the person is a person who could be disqualified under
                          section 206E of the Corporations Act from managing
                          corporations; and
20                 (b) the disqualification is justified.
           (2)   The Supreme Court may, on the application of the person
                 subject to an order under subsection (1), revoke the order.
           (3)   A corporation ceases to be an incorporated legal practice for the
                 purposes of this Act if a person who is subject to a
25               disqualification order under subsection (1) is an officer of the
                 corporation.
           (4)   A disqualification order made under this section has effect for
                 the purposes only of this Act and does not affect the
                 Corporations Act.
30         (5)   The regulations may make provision for or with respect to the
                 publication and notification of orders made under this section.

                                                                             page 49
     Legal Practice Bill 2002
     Part 6          Business structures
     Division 2      Incorporated legal practices
     s. 71



     71.         Disclosure of information to ASIC
           (1)   The Board, the Complaints Committee, or the Law Complaints
                 Officer exercising the power of that committee, the Disciplinary
                 Tribunal or an examiner appointed under section 142 may
5                disclose to the Australian Securities and Investment
                 Commission information concerning an incorporated legal
                 practice or a former incorporated legal practice that has been
                 acquired in connection with the exercise of functions under this
                 Act.
10         (2)   The information may be provided despite any law relating to
                 secrecy or confidentiality (including any provisions of this Act).

     72.         Relationship to Corporations legislation and certain other
                 instruments
           (1)   The provisions of this Act that apply to or in respect of an
15               incorporated legal practice prevail, to the extent of any
                 inconsistency, over the constitution or other constituent
                 documents of the incorporated legal practice.
           (2)   The regulations may declare any provision of this Act to be a
                 Corporations legislation displacement provision for the
20               purposes of section 5G of the Corporations Act.
           (3)   The regulations may declare any matter relating to an
                 incorporated legal practice that is prohibited, required,
                 authorised or permitted under this Act to be an excluded matter
                 for the purposes of section 5F of the Corporations Act in
25               relation to --
                   (a) the whole of the Corporations legislation;
                   (b) a specified provision of the Corporations legislation;
                   (c) the Corporations legislation other than a specified
                         provision; or
30                 (d) the Corporations legislation other than to a specified
                         extent.



     page 50
                                                                   Legal Practice Bill 2002
                                                      Business structures            Part 6
                                           Multi-disciplinary partnerships      Division 3
                                                                                       s. 73



           (4)   In this section --
                 "matter" includes act, omission, body, person or thing.

     73.         Undue influence
                 An officer or employee of an incorporated legal practice must
5                not cause or induce a legal practitioner director of the
                 incorporated legal practice, or a legal practitioner employed or
                 engaged by the incorporated legal practice, to contravene this
                 Act or to breach his or her professional obligations as a legal
                 practitioner.
10               Penalty: $25 000.

                   Division 3 -- Multi-disciplinary partnerships
     74.         Nature of multi-disciplinary partnerships
                 A multi-disciplinary partnership is a partnership between one or
                 more legal practitioners and one or more other persons who are
15               not legal practitioners, where the partnership business includes
                 the provision of legal services as well as other services.
                 Note: Under section 123, the prohibition on engaging in legal practice except
                       as a certificated practitioner extends to legal services provided by a
                       multi-disciplinary partnership.

20   75.         Conduct of multi-disciplinary partnerships
           (1)   A legal practitioner may be in partnership with a person who is
                 not a legal practitioner.
           (2)   The regulations may prohibit a legal practitioner from being in
                 partnership with a person providing a service or conducting a
25               business of a kind specified by the regulations.
           (3)   This section applies only if the business of the partnership
                 concerned includes the provision of legal services.




                                                                                     page 51
     Legal Practice Bill 2002
     Part 6          Business structures
     Division 3      Multi-disciplinary partnerships
     s. 76



     76.         Responsibilities of legal practitioner partner
           (1)   Each legal practitioner partner of a multi-disciplinary
                 partnership is, for the purposes only of this Act, responsible for
                 the management of the legal services provided in this State by
5                the partnership.
           (2)   Each legal practitioner partner of a multi-disciplinary
                 partnership must ensure that appropriate management systems
                 are implemented and maintained to enable the provision of legal
                 services by the partnership --
10                 (a) in accordance with the professional obligations of legal
                         practitioners and the other obligations imposed under
                         this Act; and
                   (b) so that the professional obligations of legal practitioner
                         partners and employees who are legal practitioners are
15                       not adversely affected by other partners and employees
                         of the practice.

     77.         Obligations of legal practitioner partner related to
                 unsatisfactory conduct
           (1)   Each of the following is capable of constituting unsatisfactory
20               conduct by a legal practitioner partner of a multi-disciplinary
                 partnership --
                   (a) unsatisfactory conduct by a legal practitioner employed
                         by the multi-disciplinary partnership;
                   (b) conduct of any other partner (not being a legal
25                       practitioner) of the multi-disciplinary partnership that
                         adversely affects the provision of legal services by the
                         partnership;
                   (c) the unsuitability of any other partner (not being a legal
                         practitioner) of the multi-disciplinary partnership to be a
30                       member of a partnership that provides legal services.
           (2)   A legal practitioner partner of a multi-disciplinary partnership
                 must ensure that all reasonable action available to the legal


     page 52
                                                               Legal Practice Bill 2002
                                                  Business structures            Part 6
                                       Multi-disciplinary partnerships      Division 3
                                                                                   s. 78



                 practitioner partner is taken to deal with any unsatisfactory
                 conduct of a legal practitioner employed by the practice.

     78.         Actions that may be taken by non-legal partner
                 A partner of a multi-disciplinary partnership who is not a legal
5                practitioner does not contravene a provision of this Act merely
                 because --
                   (a) the partner is a member of a partnership where the
                          partnership business includes the provision of legal
                          services;
10                 (b) the partner receives any fee, gain or reward for business
                          of the partnership that is the business of a legal
                          practitioner;
                   (c) the partner holds out, advertises or represents himself or
                          herself as a member of the partnership where the
15                        partnership business includes the provision of legal
                          services; or
                   (d) the partner shares with any other partner of the
                          multi-disciplinary partnership the receipts of business of
                          the partnership that is the business of a legal
20                        practitioner.
     79.         Professional obligations and privileges of legal practitioners
                 who are partners or employees
           (1)   A legal practitioner who engages in legal practice as a partner or
                 an employee of a multi-disciplinary partnership is not excused
25               from compliance with the professional obligations of a legal
                 practitioner, or any other obligations of a legal practitioner
                 under any law, and does not lose the professional privileges of a
                 legal practitioner.
           (2)   To avoid doubt, the law relating to client legal privilege (or
30               other legal professional privilege) is not excluded or otherwise
                 affected because the legal practitioner is engaging in legal
                 practice as a partner or employee of a multi-disciplinary
                 partnership.


                                                                               page 53
     Legal Practice Bill 2002
     Part 6          Business structures
     Division 3      Multi-disciplinary partnerships
     s. 80



     80.         Conflicts of interest
           (1)   For the purposes of the application of any law or rule relating to
                 conflicts of interest to the conduct of --
                   (a) a legal practitioner partner of a multi-disciplinary
 5                       partnership; or
                   (b) a legal practitioner who is an employee of a
                         multi-disciplinary partnership,
                 the interests of any partner of the multi-disciplinary partnership,
                 or any other employee of the partnership (whether or not a legal
10               practitioner), are taken to be the same as those of the legal
                 practitioner concerned.
           (2)   Rules may be made for or with respect to additional duties and
                 obligations in connection with conflicts of interest arising out of
                 the conduct of a multi-disciplinary partnership.
15               Note: Under section 79, a legal practitioner who is an officer or employee of
                       an incorporated legal practice must comply with the same professional
                       obligations as other legal practitioners in connection with conflicts of
                       interest.

     81.         Disclosure obligations
20         (1)   If a person engages a multi-disciplinary partnership to provide
                 legal services, each legal practitioner partner of the partnership,
                 and any legal practitioner employee of the partnership who
                 provides legal services, must ensure that a disclosure is made to
                 the person in connection with the provision of legal services.
25               Penalty: $25 000.
           (2)   The disclosure must be made by giving the person a notice in
                 writing setting out the following:
                  (a) legal services to be provided;
                  (b) the non-legal services (if any) to be provided in
30                       connection with the provision of legal services;
                  (c) that this Act applies to the provision of legal services but
                         not to the provision of the non-legal services;


     page 54
                                                               Legal Practice Bill 2002
                                                  Business structures            Part 6
                                       Multi-disciplinary partnerships      Division 3
                                                                                   s. 82



                  (d)    whether any financial benefit or commission (other than
                         fees for the provision of the legal services or the
                         non-legal services) has been or is to be received by any
                         partner or employee of the multi-disciplinary partnership
5                        or any related body corporate of any partner of the
                         partnership as a result of the provision of the legal
                         services or non-legal services or any referral by any
                         such partner, employee or related body corporate related
                         to that provision;
10                 (e)   the amount or value of any such benefit or commission,
                         if known, or, if not known, the method by which it is to
                         be calculated.
           (3)   The regulations may make provision for or with respect to the
                 following matters:
15                 (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.
           (4)   Without limiting subsection (2), the additional matters may
20               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.

     82.         Application of rules to legal practitioner partners and
                 employees
25         (1)   To avoid doubt, the rules that apply to legal practitioners apply
                 to legal practitioner partners and legal practitioners who are
                 employees of a multi-disciplinary partnership.
           (2)   The rules cannot --
                  (a) regulate any services that partners or employees of a
30                      multi-disciplinary partnership may provide (other than
                        the provision of legal services, or other services in
                        circumstances where a conflict of interest relating to the
                        provision of legal services may arise); or

                                                                               page 55
     Legal Practice Bill 2002
     Part 6          Business structures
     Division 3      Multi-disciplinary partnerships
     s. 83



                  (b)   regulate or prohibit the conduct of partners or employees
                        of a multi-disciplinary partnership (other than in
                        connection with the provision of legal services, or other
                        services in circumstances where a conflict of interest
5                       relating to the provision of legal services may arise).

     83.         Requirements relating to advertising
           (1)   Any restriction imposed under this Act or any other written law
                 in connection with advertising by legal practitioners applies to
                 advertising by a multi-disciplinary partnership with respect to
10               the provision of legal services.
           (2)   Any such advertisement is, for the purposes of disciplinary
                 proceedings taken against a legal practitioner, taken to have
                 been authorised by each legal practitioner partner of the
                 partnership.

15   84.         Requirements relating to legal fees and costs
           (1)   Unless the regulations provide otherwise, the provisions of this
                 Act and any other written law relating to legal costs and
                 remuneration of legal practitioners apply to legal practitioner
                 partners, and legal practitioner employees of a
20               multi-disciplinary partnership, in the same way as they apply to
                 any legal practitioner.
           (2)   The regulations may make provision with respect to the
                 application or modification of the provisions of this Act relating
                 to legal costs and remuneration of legal practitioners for the
25               purposes of this section.

     85.         Requirements relating to trust accounts
           (1)   Unless the regulations otherwise provide --
                  (a) Parts 10 and 11 and any rules relating to requirements
                        for trust accounts apply to legal practitioner partners and
30                      legal practitioner employees of a multi-disciplinary
                        partnership in the same way as they apply to any legal


     page 56
                                                               Legal Practice Bill 2002
                                                  Business structures            Part 6
                                       Multi-disciplinary partnerships      Division 3
                                                                                   s. 86



                        practitioner, but only in connection with legal services
                        provided by the partnership;
                  (b)   money received by a legal practitioner on behalf of
                        another person in the course of legal practice includes
5                       money received by any employee of the
                        multi-disciplinary partnership on behalf of another
                        person in the course of providing legal services.
           (2)   An examination under section 142 that relates to trust accounts
                 may extend to all of the affairs of a multi-disciplinary
10               partnership and to all of its documents.
           (3)   Without limiting the powers of the Complaints Committee and
                 the Disciplinary Tribunal, the Complaints Committee and the
                 Disciplinary Tribunal may exercise their disciplinary powers
                 with respect to breaches of trust account requirements with
15               respect to a legal practitioner partner of a multi-disciplinary
                 partnership for any relevant failure of the partnership or any
                 partner or employee of the partnership.
           (4)   The regulations may make provision with respect to the
                 application or modification of the provisions of this Act relating
20               to trust accounts for the purposes of this section.

     86.         Prohibited person must not act as employee or partner
                 A legal practitioner who is a partner in a multi-disciplinary
                 partnership must not, knowing a person to be a prohibited
                 person or a person who is the subject of an order under
25               section 70 or 87 --
                   (a) be a partner of that person in the multi-disciplinary
                         partnership;
                   (b) share with that person the receipts of the provision of
                         legal services by the multi-disciplinary partnership; or
30                 (c) employ or pay that person in connection with the
                         provision of legal services by the multi-disciplinary
                         partnership.


                                                                               page 57
     Legal Practice Bill 2002
     Part 6          Business structures
     Division 3      Multi-disciplinary partnerships
     s. 87



     87.         Prohibition on partnerships with certain non-legal partners
           (1)   This section applies to a person who --
                   (a)   is not a legal practitioner and is or was a partner of a
                         legal practitioner; or
5                 (b)    has engaged in unqualified practice.
           (2)   On application by the Board, the Supreme Court may make an
                 order prohibiting any legal practitioner from being a partner, in
                 a business that includes a legal practitioner's practice, of a
                 specified person to whom this section applies if --
10                 (a) the Court is satisfied that the person is not a fit and
                         proper person to be such a partner;
                   (b) the Court is satisfied that the person has been guilty of
                         conduct that, if the person were a legal practitioner,
                         would have constituted unsatisfactory conduct; or
15                 (c) in the case of a corporation, if the Court is satisfied that
                         the corporation is disqualified from providing legal
                         services in this State or there are grounds for
                         disqualifying the corporation from providing legal
                         services in this State.
20         (3)   An order made under this section may be revoked by the
                 Supreme Court on application by the Board or by the person
                 against whom the order was made.
           (4)   The death of a legal practitioner does not prevent an application
                 being made for, or the making of, an order under this section in
25               relation to a person who was a partner of a legal practitioner.
           (5)   The regulations may make provision for or with respect to the
                 publication and notification of orders made under this section.

     88.         Undue influence
                 A partner, or an employee, of a multi-disciplinary partnership
30               must not cause or induce a legal practitioner partner, or any
                 legal practitioner employee of a multi-disciplinary partnership,


     page 58
                                              Legal Practice Bill 2002
                                 Business structures            Part 6
                      Multi-disciplinary partnerships      Division 3
                                                                  s. 88



to contravene this Act or to breach his or her professional
obligations as a legal practitioner.
Penalty: $25 000.




                                                              page 59
     Legal Practice Bill 2002
     Part 7          Interstate practitioners
     Division 1      Preliminary
     s. 89



                       Part 7 -- Interstate practitioners
                              Division 1 -- Preliminary
     89.         When an interstate practitioner establishes an office
                 For the purposes of this Part, an interstate practitioner
5                establishes an office in this State when the interstate practitioner
                 offers and provides legal services to the public in this State from
                 an office maintained by the interstate practitioner, or by the
                 employer or a partner in legal practice of the interstate
                 practitioner, for that purpose in this State.

10           Division 2 -- Legal practice by interstate practitioners
     90.         Interstate practitioner may practise in this State
           (1)   An interstate practitioner is entitled to engage in legal practice
                 in this State --
                   (a) as if the interstate practice certificate held by the
15                        interstate practitioner were a practice certificate within
                          the meaning of this Act; and
                   (b) as if the terms of the interstate practitioner's entitlement
                          to practise in the State in which the interstate
                          practitioner has his or her principal place of practice
20                        were the terms of his or her entitlement to practise in
                          this State.
           (2)   Without limiting anything in this Part, in so doing, the interstate
                 practitioner --
                   (a) must comply with this Act and any other written law
25                        that relates to legal practice as if the interstate
                          practitioner were a local practitioner; and
                   (b) is subject to any condition, limitation, restriction or
                          prohibition imposed on the interstate practitioner in
                          respect of his or her practice by a regulatory authority of



     page 60
                                                              Legal Practice Bill 2002
                                               Interstate practitioners         Part 7
                             Legal practice by interstate practitioners    Division 2
                                                                                  s. 91



                         this or any other State (whether as a result of
                         disciplinary action or otherwise).
           (3)   A regulatory authority of this State must not impose a condition,
                 restriction, limitation or prohibition on an interstate practitioner
5                in respect of his or her practice that is more onerous than it
                 would impose on a local practitioner in the same or similar
                 circumstances.

     91.         Notification of establishment of office required
           (1)   An interstate practitioner who establishes an office in this State,
10               must give written notice to the Board within 28 days after
                 establishing the office.
                 Penalty: $2 500.
           (2)   A notice under this section must specify --
                  (a) the residential address of the interstate practitioner;
15                (b) the address at which the interstate practitioner practises,
                        or proposes to practise, in this State;
                  (c) each place at which the interstate practitioner practises
                        outside this State;
                  (d) if the interstate practitioner practises in partnership with
20                      other persons -- the names of those other persons and
                        the name under which the partnership is carried on; and
                  (e) such other particulars as are prescribed by the rules.

     92.         Requirements relating to professional indemnity insurance
           (1)   This section applies to an interstate practitioner --
25                (a) who establishes an office in this State; and
                  (b) who, if he or she --
                           (i) were a local practitioner; and
                          (ii) did not hold a valid current certificate of
                                insurance as required under section 247,
30                       would be refused a practice certificate.

                                                                              page 61
     Legal Practice Bill 2002
     Part 7          Interstate practitioners
     Division 3      Complaints and discipline
     s. 93



           (2)   An interstate practitioner to whom this section applies must not
                 engage in legal practice unless he or she has appropriate
                 indemnity insurance in respect of his or her practice in this
                 State.
5                Penalty: $2 500.
           (3)   An interstate practitioner to whom this section applies has
                 appropriate indemnity insurance in respect of his or her practice
                 in this State during a period if, in respect of that period, there is
                 in force in respect of the interstate practitioner a certificate of
10               insurance that provides the same or a higher level of indemnity
                 as, and the terms of which are broadly equivalent to, a
                 certificate of insurance that would satisfy the Board if it were
                 issuing a practice certificate to the interstate practitioner.

     93.         Requirements relating to Guarantee Fund
15         (1)   A notice under section 91 must be accompanied by an amount
                 for application to the Guarantee Fund that is the same as the
                 amount that would have to be paid under section 146 if the
                 person giving the notice were a legal practitioner required to
                 pay the amount under that section.
20         (2)   An interstate practitioner practising in this State must pay for
                 each of the 4 years following the year in which payment is made
                 under subsection (1) an amount for application to the Guarantee
                 Fund that is the same as the amount that would have to be paid
                 under section 146 if the interstate practitioner were a legal
25               practitioner required to pay the amount under that section.

                      Division 3 -- Complaints and discipline
     94.         Local practitioners
           (1)   A dispute between a person and a local practitioner in
                 connection with the local practitioner's legal practice in another
30               State may be resolved by conciliation under Part 12 as if the
                 dispute were a complaint.



     page 62
                                                            Legal Practice Bill 2002
                                             Interstate practitioners         Part 7
                                           Complaints and discipline     Division 3
                                                                                s. 95



           (2)   A complaint about the conduct of a local practitioner in respect
                 of his or her legal practice in another State may be made and
                 dealt with under Part 12.
           (3)   An inquiry in relation to the conduct of a local practitioner in
5                respect of his or her legal practice in another State may be
                 undertaken under Part 12.
           (4)   A referral in relation to the conduct of a local practitioner in
                 respect of his or her legal practice in another State may be made
                 to the Disciplinary Tribunal and dealt with under Part 12.

10   95.         Referral of complaints and disciplinary matters to
                 regulatory authorities in other States
           (1)   If it considers it appropriate to do so, the Complaints Committee
                 may refer a complaint lodged with it in relation to a local
                 practitioner or an interstate practitioner to a regulatory authority
15               of another State, to be dealt with according to the law of that
                 State.
           (2)   If it considers it appropriate to do so, the Complaints Committee
                 may request a regulatory authority of another State to
                 investigate the conduct of a local practitioner or an interstate
20               practitioner in accordance with the law of that State.
           (3)   After a referral under subsection (1) or a request under
                 subsection (2) has been made, no further action may be taken by
                 the Complaints Committee in relation to the subject matter of
                 the referral or request, other than action required to comply with
25               section 98, unless the regulatory authority of the other State
                 declines to deal with the matter.

     96.         Dealing with matters referred by regulatory authorities in
                 other States
           (1)   The Complaints Committee may resolve a dispute between a
30               person and a local practitioner or an interstate practitioner
                 referred to it by a regulatory authority of another State whether



                                                                             page 63
     Legal Practice Bill 2002
     Part 7          Interstate practitioners
     Division 3      Complaints and discipline
     s. 97



                 or not the subject matter of the dispute arose in or outside this
                 State as if the dispute were a complaint.
           (2)   The Complaints Committee may investigate a complaint against
                 a local practitioner or an interstate practitioner referred to it by a
5                regulatory authority of another State whether or not the subject
                 matter of the complaint allegedly occurred in or outside this
                 State.
           (3)   If a regulatory authority of another State requests the
                 Complaints Committee to investigate the conduct of a local
10               practitioner or an interstate practitioner, the Complaints
                 Committee may investigate that conduct whether or not the
                 conduct allegedly occurred in or outside this State.

     97.         Furnishing information
           (1)   A regulatory authority of this State must furnish without delay
15               any information about a local practitioner or an interstate
                 practitioner reasonably required by a regulatory authority of
                 another State in connection with actual or possible disciplinary
                 action against the practitioner.
           (2)   A regulatory authority may provide the information despite any
20               law of this State relating to secrecy or confidentiality.
           (3)   Nothing in this section affects any obligation or power to
                 provide information apart from this section.
           (4)   A regulatory authority of this State must notify the appropriate
                 regulatory authority of each other State of any condition,
25               restriction, limitation or prohibition imposed by it on a local
                 practitioner or an interstate practitioner in respect of his or her
                 legal practice as a result of disciplinary action against the
                 practitioner.




     page 64
                                                              Legal Practice Bill 2002
                                               Interstate practitioners         Part 7
                                                        Miscellaneous      Division 4
                                                                                  s. 98



                             Division 4 -- Miscellaneous
     98.         Local practitioners are subject to interstate regulatory
                 authorities
           (1)   A local practitioner, in engaging in legal practice in this State,
5                must comply with any condition, restriction, limitation or
                 prohibition in respect of his or her practice imposed by a
                 regulatory authority of another State as a result of disciplinary
                 action against the local practitioner.
           (2)   A regulatory authority of another State --
10                (a) that has jurisdiction to suspend, cancel, vary the
                        conditions of or impose further conditions on, or order
                        the suspension, cancellation, variation of the conditions
                        of or imposition of further conditions on, an interstate
                        practice certificate; and
15                (b) to which a local practitioner is subject,
                 may suspend, cancel, vary the conditions of or impose further
                 conditions on, or order the suspension, cancellation, variation of
                 the conditions of or the imposition of further conditions on, the
                 local practitioner's practice certificate.
20         (3)   The Board must comply with an order of a regulatory authority
                 of another State under subsection (2).
           (4)   A regulatory authority of another State that has jurisdiction to
                 order the removal of the name of a person from the roll in that
                 State that corresponds to the Roll of Practitioners in this State
25               may order that the name of a local practitioner be removed from
                 the Roll of Practitioners.
           (5)   If an order is made under subsection (4) , the practitioner's
                 name must be removed from the Roll of Practitioners.

     99.         Local practitioner receiving trust moneys interstate
30               A local practitioner must deal with trust moneys received in the
                 course of engaging in legal practice outside this State (other

                                                                              page 65
     Legal Practice Bill 2002
     Part 7          Interstate practitioners
     Division 4      Miscellaneous
     s. 100



               than trust moneys received in the course of engaging in legal
               practice in another State in which the local practitioner has
               established an office) in accordance with Part 10 as if the trust
               moneys had been received in the course of engaging in legal
5              practice in this State.

     100.      Regulatory authority may exercise powers conferred by law
               of another State
               A regulatory authority of this State may exercise in respect of an
               interstate practitioner any power conferred on it by a law of
10             another State relating to the regulation of legal practice.




     page 66
                                                        Legal Practice Bill 2002
                                                Foreign lawyers           Part 8
                                                    Preliminary      Division 1
                                                                          s. 101



                       Part 8 -- Foreign lawyers
                          Division 1 -- Preliminary
     101.    Practice of foreign law defined
       (1)   For the purposes of this Act a person engages in the practice of
5            foreign law in this State if the person does any work or transacts
             any business in this State concerning foreign law of a kind that,
             if it concerned the law of this State, would constitute engaging
             in legal practice.
       (2)   Engaging in the practice of foreign law may consist of a single
10           act.

     102.    Who may practise foreign law
       (1)   In this section --
             "migration restriction" means a restriction imposed on a
                 person who is not an Australian citizen under the Migration
15               Act 1958 of the Commonwealth that has the effect of
                 limiting the period during which work may be done, or
                 business may be transacted, in Australia by the person.
       (2)   A person must not practise foreign law in this State unless --
               (a) the person is a certificated practitioner;
20            (b) the person is a registered foreign lawyer; or
               (c) the person is a foreign lawyer who practises foreign law
                    in this State on a temporary basis or who is subject to a
                    migration restriction and who --
                       (i) does not maintain an office for the purpose of
25                          practising as a legal practitioner in this State; or
                      (ii) does not have a commercial legal presence in this
                            State.
             Penalty: $10 000.




                                                                        page 67
     Legal Practice Bill 2002
     Part 8          Foreign lawyers
     Division 2      Registration of foreign lawyers
     s. 103



        (3)    A person who contravenes subsection (2) is not entitled to
               recover any amount in respect of anything done during the
               course of that contravention and must repay any amount so
               received to the person from whom it was received.
5       (4)    If a person does not repay an amount required by subsection (3)
               to be repaid, the person entitled to be repaid may recover the
               amount from the person as a debt in a court of competent
               jurisdiction.

                 Division 2 -- Registration of foreign lawyers
10   103.      Applying for registration
        (1)    A foreign lawyer may apply for registration under this Division
               by lodging a written notice with the Board.
        (2)    The notice must --
                (a) state the applicant's educational and professional
15                    qualifications;
                (b) state that the applicant is registered to practise law in a
                      place outside Australia by a specified foreign
                      registration authority in that place;
                (c) state whether the applicant is the subject of any
20                    disciplinary proceedings in that place (including any
                      preliminary investigations or action that might lead to
                      disciplinary proceedings) in relation to that registration
                      and, if so, give details of those proceedings or
                      investigations or that action;
25              (d) state whether the applicant is a party in any pending
                      criminal or civil proceeding that might result in
                      disciplinary action being taken against the applicant and,
                      if so, give details of that proceeding;
                (e) state that the applicant's registration in that place is not
30                    cancelled or currently suspended as a result of
                      disciplinary action;



     page 68
                                                          Legal Practice Bill 2002
                                                 Foreign lawyers            Part 8
                                  Registration of foreign lawyers      Division 2
                                                                            s. 103



             (f)   state whether or not the applicant is otherwise prohibited
                   from practising law in that place or bound by any
                   undertaking not to practise law in that place, or is
                   subject to any conditions in practising law in that place
5                  as a result of criminal, civil or disciplinary proceedings
                   in that place;
            (g)    specify any conditions imposed as a restriction on legal
                   practice by the applicant or any undertaking given by
                   the applicant restricting the applicant's legal practice;
10           (h)   contain an address in this State for service of notices and
                   other documents on the applicant;
             (i)   give consent to the making of inquiries of, and the
                   exchange of information with, the applicant's home
                   registration authority regarding the applicant's activities
15                 in practising law in that place or otherwise regarding
                   matters relevant to the notice; and
             (j)   contain any other information required by the Board.
     (3)   The notice must be accompanied by an original instrument, or a
           copy of an original instrument, from the applicant's home
20         registration authority --
             (a) verifying the applicant's educational and professional
                   qualifications or, if it is not in a position to do so, stating
                   that fact;
             (b) verifying the applicant's registration by the authority to
25                 practise law in the place concerned and the date of that
                   registration; and
             (c) stating whether there is any matter known to the
                   authority that, in its opinion, may render the applicant
                   unfit to practise law in the place concerned or to practise
30                 foreign law and, if so, giving details of that matter.
     (4)   The applicant must certify in the notice that the accompanying
           instrument is the original or a complete and accurate copy of the
           original.


                                                                          page 69
     Legal Practice Bill 2002
     Part 8          Foreign lawyers
     Division 2      Registration of foreign lawyers
     s. 104



        (5)    The Board may require the applicant to verify the statements in
               the notice by statutory declaration or another manner specified
               by the Board.
        (6)    If the accompanying instrument is not in English it must be
5              accompanied by a translation in English that is authenticated or
               certified to the satisfaction of the Board.

     104.      Registration fee
        (1)    A notice under section 103 is to be accompanied by --
                (a) any application fee that is payable under the rules; and
10              (b) any registration fee that is payable under the rules.
        (2)    The combined amount of the application fee and the registration
               fee is not to be greater than the maximum fee for a practice
               certificate.
        (3)    If an application for registration is refused, the Board must
15             refund the fees paid under subsection (1)(b).

     105.      Registration
        (1)    As soon as practicable after receiving a notice under
               section 103, the Board must register the applicant as a foreign
               lawyer if --
20               (a) the Board is satisfied that the applicant is registered to
                       practise law in a place outside Australia;
                 (b) the Board considers that an effective system exists in
                       that place for the regulation of legal practice in that
                       place;
25               (c) the Board considers that the applicant is not, or is not
                       likely to become, subject to any conditions in practising
                       law in that place or any undertakings concerning his or
                       her legal practice in that place that would make it
                       inappropriate to register the applicant; and
30               (d) the applicant demonstrates to the satisfaction of the
                       Board an intention to practise foreign law in this State

     page 70
                                                           Legal Practice Bill 2002
                                                  Foreign lawyers            Part 8
                                   Registration of foreign lawyers      Division 2
                                                                             s. 106



                     and to establish an office or a commercial legal presence
                     in this State within a reasonable period after the grant of
                     registration.
       (2)   Residence or domicile in this State is not a pre-requisite for, or a
5            factor in determining entitlement to, registration as a foreign
             lawyer.
       (3)   The Board must refuse to register a foreign lawyer if the
             application is made within a period specified by the Disciplinary
             Tribunal under section 186(4).
10     (4)   In considering whether or not to register an applicant, the Board
             may rely on --
               (a) any material provided by or on behalf of the applicant;
               (b) any further investigations it considers necessary to
                     undertake; and
15             (c) any investigations undertaken by it in relation to other
                     applicants for registration or registered foreign lawyers.

     106.    Conditions may be imposed on registration
       (1)   The Board, by notice in writing, may at any time impose a
             condition on the registration of a foreign lawyer and may at any
20           time revoke or vary such a condition.
       (2)   The Board must not impose a condition on a foreign lawyer in
             respect of his or her practice of foreign law that is more onerous
             than it would impose on a certificated practitioner in the same or
             similar circumstances.

25   107.    Applicant to be notified of decision
       (1)   The Board must give an applicant written notice of its decision
             to register the applicant as a foreign lawyer, to refuse
             registration or to impose conditions on registration.
       (2)   If notice is not given to an applicant within 90 days after the
30           applicant lodges a notice in accordance with section 103, the
             Board is taken to have refused to register the applicant.

                                                                          page 71
     Legal Practice Bill 2002
     Part 8          Foreign lawyers
     Division 2      Registration of foreign lawyers
     s. 108



     108.      Fees to be paid by registered foreign lawyers
        (1)    A registered foreign lawyer must pay an annual registration fee.
        (2)    The annual registration fee is not to be greater than the
               maximum fee for a practice certificate.
5       (3)    Payment of the annual registration fee must be made on or
               before a date notified in writing to the registered foreign lawyer
               by the Board.

     109.      Register
        (1)    The Board must keep, in such form as it thinks fit, a register of
10             persons registered as foreign lawyers under this Part.
        (2)    The register must be made available for public inspection during
               office hours.

     110.      Suspending registration
        (1)    The Board may suspend a registered foreign lawyer from
15             practising foreign law by giving written notice to the lawyer, if
               it is of the opinion that there is sufficient reason for doing so.
        (2)    Without limiting the grounds for suspension, a registered
               foreign lawyer may be suspended from practising foreign law
               if --
20                (a) the registered foreign lawyer's registration by the
                       lawyer's home registration authority lapses;
                  (b) the registered foreign lawyer's home registration
                       authority suspends or cancels registration of the lawyer
                       as a result of criminal, civil or disciplinary proceedings;
25                (c) the registered foreign lawyer has not established an
                       office to practise foreign law, or a commercial legal
                       presence, in this State within a reasonable period after
                       being registered;




     page 72
                                                          Legal Practice Bill 2002
                                                 Foreign lawyers            Part 8
                                  Registration of foreign lawyers      Division 2
                                                                            s. 111



              (d)    the registered foreign lawyer fails to comply with any
                     condition imposed on the registered foreign lawyer's
                     registration under this Act;
               (e)   the registered foreign lawyer fails to comply with any
5                    requirement of this Act; or
               (f)   the registered foreign lawyer becomes an insolvent
                     under administration within the meaning of the
                     Corporations Act.
       (3)   A registered foreign lawyer is not to be suspended on the
10           ground referred to in subsection (2)(a) if the lawyer
             demonstrates to the satisfaction of the Board that the lapse did
             not result from any criminal, civil or disciplinary proceedings
             against the lawyer, but from circumstances beyond the lawyer's
             control.
15     (4)   Subject to subsection (5), a suspension under this section takes
             effect 28 days after the day notice is given under subsection (1).
       (5)   The Board may determine that a suspension take effect
             immediately notice is given under subsection (1) if satisfied that
             immediate suspension is necessary --
20             (a) for the protection of the foreign registered lawyer's
                   clients or members of the public generally; or
               (b) to protect the integrity of the legal profession or the
                   administration of justice.

     111.    Effect of suspension
25     (1)   A registered foreign lawyer who is suspended under section 110
             is deemed not to be registered under this Division during the
             period of suspension.
       (2)   If the Board is satisfied that the grounds for the suspension do
             not or no longer exist, the Board must lift the suspension
30           immediately by giving written notice to the lawyer.




                                                                         page 73
     Legal Practice Bill 2002
     Part 8          Foreign lawyers
     Division 2      Registration of foreign lawyers
     s. 112



     112.      Cancelling registration
        (1)    The Board, by written notice to a registered foreign lawyer, may
               cancel the lawyer's registration if it is of the opinion that there
               is sufficient reason for doing so.
5       (2)    Without limiting the grounds for cancellation, registration may
               be cancelled if --
                 (a) the registered foreign lawyer's registration by the
                      lawyer's home registration authority lapses;
                 (b) the registered foreign lawyer's home registration
10                    authority cancels registration of the lawyer as a result of
                      criminal, civil or disciplinary proceedings;
                 (c) the registered foreign lawyer has not established an
                      office to practise foreign law, or a commercial presence,
                      in this State within a reasonable period after being
15                    registered;
                 (d) the registered foreign lawyer fails to comply with any
                      condition imposed on the lawyer's registration under
                      this Act;
                 (e) the registered foreign lawyer fails to comply with any
20                    requirement of this Act; or
                  (f) the registered foreign lawyer becomes an insolvent
                      under administration within the meaning of the
                      Corporations Act.
        (3)    Registration is not to be cancelled on the ground referred to in
25             subsection (2)(a) if the registered foreign lawyer demonstrates
               that the lapse did not result from any criminal, civil or
               disciplinary proceedings against the lawyer, but from
               circumstances beyond the lawyer's control.
        (4)    Registration as a foreign lawyer is automatically cancelled if the
30             lawyer --
                 (a) becomes a certificated practitioner; or
                 (b) in writing requests cancellation.


     page 74
                                                          Legal Practice Bill 2002
                                                 Foreign lawyers            Part 8
                                  Registration of foreign lawyers      Division 2
                                                                            s. 113



       (5)   Cancellation of registration at the request of a registered foreign
             lawyer --
               (a) takes effect when the request is received by the Board;
                    and
5              (b) does not prevent any disciplinary proceedings being
                    instituted against the lawyer or affect the continuity of
                    any proceedings already instituted.
       (6)   Subject to subsection (7), cancellation of registration under
             subsection (1) takes effect 28 days after the day notice is given
10           to the registered foreign lawyer.
       (7)   The Board may determine that cancellation take effect
             immediately notice is given under subsection (1) if satisfied that
             immediate cancellation is necessary --
               (a) for the protection of the lawyer's clients or members of
15                 the public generally; or
               (b) to protect the integrity of the legal profession or the
                   administration of justice.
       (8)   If a lawyer's registration is cancelled, the Board may refund the
             whole or part of the last annual registration fee paid by the
20           lawyer, as determined by the Board.

     113.    Appeals
             If under this Part the Board --
               (a) refuses to register a foreign lawyer;
               (b) imposes or varies a condition on the registration of a
25                   foreign lawyer; or
               (c) suspends or cancels the registration of a foreign lawyer,
             the foreign lawyer may appeal to the Supreme Court.




                                                                         page 75
     Legal Practice Bill 2002
     Part 8          Foreign lawyers
     Division 3      Practising foreign law
     s. 114



                      Division 3 -- Practising foreign law
     114.      Scope of practice allowed
        (1)    A registered foreign lawyer may only provide any or all of the
               following legal services --
5                (a) legal services consisting of doing any work, or
                       transacting any business, in this State concerning the
                       law of the place in which the lawyer is registered by his
                       or her home registration authority;
                 (b) legal services (including appearances) in relation to
10                     arbitration proceedings in this State of a kind prescribed
                       by the regulations;
                 (c) legal services (including appearances) in relation to
                       proceedings before bodies other than courts, being
                       proceedings in which the body concerned is not required
15                     to apply the rules of evidence and in which knowledge
                       of the foreign law of the place referred to in
                       paragraph (a) is essential;
                 (d) legal services in relation to conciliation, mediation and
                       other forms of consensual dispute resolution in this State
20                     of a kind prescribed by the regulations;
                 (e) legal services consisting of advice on the effect of the
                       law of this State or another Australian jurisdiction, if --
                          (i) the giving of the advice is necessarily incidental
                               to the practice of foreign law; and
25                       (ii) the advice is expressly based on advice given to
                               the lawyer by a certificated practitioner who is
                               not his or her employee.
        (2)    Nothing in this Act authorises a registered foreign lawyer to
               appear in any court (except on the lawyer's own behalf) or to
30             engage in legal practice.




     page 76
                                                         Legal Practice Bill 2002
                                                 Foreign lawyers           Part 8
                                           Practising foreign law     Division 3
                                                                           s. 115



     115.    Form of practice
             A registered foreign lawyer may (subject to any condition
             imposed under section 106) practise foreign law --
               (a) as a foreign lawyer on the lawyer's own account;
5              (b) in partnership with other registered foreign lawyers or
                     with certificated practitioners (or both);
               (c) as a director of an incorporated legal practice or a
                     partner in a multi-disciplinary partnership; or
               (d) as an employee of a certificated practitioner, a firm of
10                   legal practitioners or a multi-disciplinary partnership or
                     as an employee or officer of an incorporated legal
                     practice.

     116.    Letterhead and other identifying documents
       (1)   In this section --
15           "public document" includes any business letter, statement of
                  account, invoice, business card and promotional and
                  advertising material.
       (2)   A registered foreign lawyer may describe himself or herself and
             any partnership or body corporate with which the foreign lawyer
20           is associated only in one or more of the ways designated in
             section 117.
       (3)   A registered foreign lawyer must indicate in any public
             document issued by the lawyer, the fact that the lawyer is a
             registered foreign lawyer and is restricted to the practice of
25           foreign law.
       (4)   Subsection (3) is satisfied if the lawyer includes in the
             document the words --
               (a) "registered foreign practitioner" or "registered foreign
                    lawyer"; and
30            (b) "entitled to practise foreign law only".



                                                                        page 77
     Legal Practice Bill 2002
     Part 8          Foreign lawyers
     Division 3      Practising foreign law
     s. 117



     117.      Designation
        (1)    A registered foreign lawyer may use the following
               designations --
                 (a) the registered foreign lawyer's own name;
5                (b) the title or any business name that the registered foreign
                       lawyer is authorised or permitted by law to use in the
                       place outside Australia in which the lawyer is registered
                       by his or her home registration authority;
                 (c) subject to subsection (2), the name of any partnership or
10                     body corporate outside Australia with which the lawyer
                       is affiliated or associated;
                 (d) if the lawyer is a member of a partnership or body
                       corporate in Australia that includes legal practitioners
                       and registered foreign lawyers, a description of the
15                     partnership or body that includes the title used by legal
                       practitioners and registered foreign lawyers (for
                       example, "Solicitors and registered foreign lawyers" or
                       "Australian Solicitors and US Attorneys").
        (2)    A registered foreign lawyer who is a member of a partnership or
20             body corporate outside Australia may use the name of the
               partnership or body corporate in practising foreign law in this
               State, or use the name in connection with the practice, only if --
                 (a) the registered foreign lawyer has provided the Board
                       with a copy of the partnership agreement or other
25                     acceptable evidence that the lawyer is a member of the
                       partnership or body; and
                 (b) use of that name complies with any requirements of this
                       State's law concerning the use of business names and
                       will not lead to any confusion with the name of any
30                     partnership or incorporated legal practice.
        (3)    A registered foreign lawyer who is a member of a partnership or
               body corporate may use the name of the partnership or body as
               referred to in this section whether or not other members are
               registered foreign lawyers.

     page 78
                                                          Legal Practice Bill 2002
                                                  Foreign lawyers           Part 8
                                            Practising foreign law     Division 3
                                                                            s. 118



     118.    Employment of certificated practitioners by registered
             foreign lawyers
       (1)   A registered foreign lawyer may employ one or more
             certificated practitioners.
5      (2)   Employment of a certificated practitioner does not entitle a
             registered foreign lawyer to engage in legal practice in this
             State.
       (3)   Subject to subsection (4), a certificated practitioner employed
             by a registered foreign lawyer must not provide advice on the
10           law of this State or another Australian jurisdiction to, or for use
             by, the foreign lawyer or otherwise engage in legal practice in
             this State in the course of that employment.
       (4)   Subsection (3) does not apply to a certificated practitioner
             employed by a firm, a partner of which is a registered foreign
15           lawyer, if at least one other partner is a certificated practitioner.
       (5)   A period of employment by a registered foreign lawyer may not
             be used by a legal practitioner to satisfy any requirements
             concerning a period of supervised practice imposed on the legal
             practitioner under this Act.

20   119.    Employment of registered foreign lawyers by certificated
             practitioners etc.
       (1)   A certificated practitioner, firm of legal practitioners,
             incorporated legal practice or multi-disciplinary practice may
             employ one or more registered foreign lawyers.
25     (2)   Employment by a certificated practitioner, firm of legal
             practitioners, incorporated legal practice or multi-disciplinary
             practice does not entitle a registered foreign lawyer to engage in
             legal practice in this State.




                                                                           page 79
     Legal Practice Bill 2002
     Part 8          Foreign lawyers
     Division 3      Practising foreign law
     s. 120



     120.      Professional indemnity insurance
               A registered foreign lawyer who practises foreign law in this
               State must maintain professional indemnity insurance on terms
               and conditions approved by the Board.

5    121.      Trust accounts
               Parts 10 and 11 apply to a registered foreign lawyer who
               receives trust moneys as if a reference in those Parts to a legal
               practitioner were a reference to the registered foreign lawyer.

     122.      Exemption may be granted by Board
10             The Board may exempt a registered foreign lawyer or class of
               registered foreign lawyers from compliance with a specified
               provision, or part of a provision, of this Act that would
               otherwise apply to the lawyer.




     page 80
                                                          Legal Practice Bill 2002
                               Unqualified and prohibited practice          Part 9

                                                                             s. 123



             Part 9 -- Unqualified and prohibited practice
     123.     Prohibition on unqualified legal practice
       (1)    A person must not engage in legal practice unless the person is a
              certificated practitioner.
5             Penalty: $10 000.
       (2)    Subsection (1) extends to legal services provided by an
              incorporated legal practice or a multi-disciplinary partnership.
       (3)    Nothing in subsection (1) is to be construed as preventing a
              person from --
10              (a) appearing or defending in person in a court;
                (b) addressing the court if permitted to do so under
                      section 29 of the Local Courts Act 1904; or
                (c) appearing for a person before a court, or providing
                      advice or other services, if that appearance or the
15                    provision of that advice or service, is authorised by a
                      written law.

     124.     No liability in certain cases
       (1)    In this section --
              "work" means --
20                 (a) any work in connection with the administration of
                          law;
                   (b) drawing or preparing any deed, instrument or writing
                          relating to or in any manner dealing with or
                          affecting --
25                           (i) real or personal estate or any interest in real or
                                  personal estate; or
                            (ii) any proceedings at law, civil or criminal, or in
                                  equity.




                                                                           page 81
     Legal Practice Bill 2002
     Part 9          Unqualified and prohibited practice

     s. 125



        (2)    Nothing in section 123 is to be construed as affecting --
                (a) a public officer doing work in the discharge of his or her
                      official duty;
                (b) a person doing work --
5                        (i) under the supervision of a certificated
                              practitioner, as a paid employee of a certificated
                              practitioner, a firm of legal practitioners, an
                              incorporated legal practice or a
                              multi-disciplinary partnership; or
10                      (ii) as an articled clerk of a certificated practitioner;
                      or
                (c) a person drawing or preparing a transfer under the
                      Transfer of Land Act 1893.
        (3)    It is a defence to a charge under section 123(1) in respect of the
15             doing of work to show that the person who did the work has not
               directly or indirectly been paid or remunerated or promised or
               expected pay or remuneration for the work so done (the
               "unpaid work").
        (4)    Subsection (3) does not apply if the person directly or indirectly
20             receives, expects, or is promised, pay or remuneration for or in
               respect of other work or services relating to, connected with or
               arising out of the same transaction or subject matter as that to
               which the unpaid work relates.

     125.      Offence by corporation
25      (1)    Subject to subsections (2), (4) and (5), a corporation must not
               provide legal services, or hold itself out, advertise or represent
               itself as providing, legal services.
               Penalty: $25 000.
        (2)    Subsection (1) does not apply to or in respect of --
30              (a) an incorporated legal practice that has at least one legal
                      practice director; or


     page 82
                                                         Legal Practice Bill 2002
                              Unqualified and prohibited practice          Part 9

                                                                          s. 126



              (b)    a corporation that does not receive any form of, or have
                     an expectation or promise of, pay or remuneration for
                     the legal services it provides.
       (3)   An incorporated legal practice does not contravene
5            subsection (1) because it ceases to have any legal practitioner
             directors if --
               (a) a new legal practitioner director is appointed within the
                     time prescribed by section 53(1); or
               (b) an employee or other person is appointed under
10                   section 53(3) to exercise the functions of a legal
                     practitioner director.
       (4)   A corporation may be exempted by the regulations from all or
             part of subsection (1).
       (5)   A corporation may provide legal services if the only legal
15           services that the corporation provides are legal services
             concerning a proceeding or transaction to which the corporation
             (or a related body corporate) is a party ("in-house legal
             services") but that corporation must not hold itself out, advertise
             or represent itself as providing legal services.
20           Penalty: $25 000.

     126.    Certificated practitioner acting as agent for unqualified
             person
       (1)   A certificated practitioner must not act as an agent for a person
             other than a certificated practitioner or an incorporated legal
25           practice in or concerning any matter which under this Act may
             only be done for profit by a certificated practitioner.
             Penalty: $2 500.
       (2)   A certificated practitioner must not allow --
              (a) the name of that practitioner;
30            (b) the name of an incorporated legal practice in which that
                     practitioner is an officer or employee; or


                                                                        page 83
     Legal Practice Bill 2002
     Part 9          Unqualified and prohibited practice

     s. 127



                 (c)   the name of a firm in which that practitioner is a partner
                       or employee,
               to be made use of, in any manner whatever, in or concerning
               any matter to which subsection (1) applies upon the account of
5              any person other than a certificated practitioner.
               Penalty: $2 500.
        (3)    An incorporated legal practice must not allow the name of that
               practice to be made use of, in any manner whatever, in or
               concerning any matter to which subsection (1) applies upon the
10             account of any person other than a certificated practitioner.
               Penalty: $10 000.

     127.      Allowing unqualified person to act as practitioner
               A certificated practitioner must not do or allow to be done any
               act which enables or tends to enable a person other than a
15             certificated practitioner to appear, act, or practise in any respect
               as a certificated practitioner in any matter or proceeding, civil or
               criminal.
               Penalty: $10 000.

     128.      Unqualified person making false representation to be
20             practitioner
               A natural person who is not a legal practitioner must not --
                (a)   purport or pretend to be a legal practitioner; or
                (b)   advertise or use any name, title, addition, or description
                      implying or tending to the belief that the person is a
25                    legal practitioner or is recognised at law as a legal
                      practitioner.
               Penalty: $2 500.




     page 84
                                                         Legal Practice Bill 2002
                              Unqualified and prohibited practice          Part 9

                                                                           s. 129



     129.    Practitioner making false representation to be certificated
             A legal practitioner who is not a certificated practitioner must
             not --
               (a) purport or pretend to be a certificated practitioner; or
5              (b) advertise or use any name, title, addition, or description
                     implying or tending to the belief that the person is a
                     certificated practitioner or is recognised at law as a
                     certificated practitioner.
             Penalty: $2 500.

10   130.    Sharing receipts
       (1)   A legal practitioner may share with any other person the
             receipts of a business ordinarily conducted by a legal
             practitioner, except to the extent (if any) that the regulations or
             rules otherwise provide.
15     (2)   Nothing in this Act prevents --
              (a) a legal practitioner from sharing with an incorporated
                    legal practice receipts arising from the provision of legal
                    services; or
              (b) a legal practitioner partner, or a legal practitioner who is
20                  an employee, of a multi-disciplinary partnership from
                    sharing receipts arising from the provision of legal
                    services with a person or persons who are not legal
                    practitioners.
       (3)   Subsections (1) and (2) do not extend to the sharing of receipts
25           in contravention of section 66, 86 or 133.

     131.    Employment or engagement of practitioner without practice
             certificate
             Except as provided by the rules, a certificated practitioner or
             incorporated legal practice must not employ or engage a legal
30           practitioner who is not a certificated practitioner to engage in
             legal practice.
             Penalty: $10 000.

                                                                         page 85
     Legal Practice Bill 2002
     Part 9          Unqualified and prohibited practice

     s. 132



     132.      Prohibition on employment or engagement of certain
               non-legal persons
        (1)    This section applies to a person who --
                (a) is not a legal practitioner and is or was an employee of a
5                      legal practitioner; or
                (b) has engaged in unqualified practice.
        (2)    The Supreme Court may, on the application of the Board, make
               an order prohibiting (without approval of the Board under
               section 133) any legal practitioner from employing or paying in
10             connection with his or her practice, a specified person to whom
               this section applies if --
                 (a) the Supreme Court is satisfied that the person is not a fit
                       and proper person to be employed or paid in connection
                       with a legal practitioner's practice; or
15               (b) the Supreme Court is satisfied that the person has been
                       guilty of conduct which, if the person were a legal
                       practitioner, would have constituted unsatisfactory
                       conduct.
        (3)    An order under this section may be revoked by the Supreme
20             Court on application by the person against whom the order was
               made.
        (4)    The death of a legal practitioner does not prevent an application
               being made for, or the making of, an order under this section in
               relation to a person who was an employee of the legal
25             practitioner.

     133.      Associates who are prohibited persons
        (1)    In this section --
               "associate", in relation to a legal practitioner, means a person
                    who --
30                  (a) is employed or engaged by the legal practitioner;
                    (b) is a partner of the legal practitioner;


     page 86
                                                         Legal Practice Bill 2002
                              Unqualified and prohibited practice          Part 9

                                                                          s. 134



                  (c)  shares the receipts of the legal practitioner's business;
                       or
                 (d) is otherwise paid,
                 in connection with the legal practitioner's practice.
5      (2)   Subject to subsection (3), a legal practitioner must not have as
             an associate a person who is a prohibited person.
             Penalty: $25 000.
       (3)   Subsections (2) and (5) do not apply to a person approved to be
             an associate by the Board.
10     (4)   An approval under subsection (3) may be subject to specified
             limitations or conditions.
       (5)   A prohibited person must not seek to become an associate of a
             legal practitioner unless the person first informs the legal
             practitioner that the person is a prohibited person.
15           Penalty: $10 000.

     134.    Part does not affect operation of Fair Trading Act
             Nothing in this Part affects the operation of the Fair Trading
             Act 1987.

     135.    Appeal
20           A person aggrieved by --
              (a) the refusal of the Board to approve a person to be an
                    associate under section 133; or
              (b) the limitations or conditions imposed by the Board on an
                    approval under section 133,
25           may appeal to the Supreme Court.




                                                                        page 87
     Legal Practice Bill 2002
     Part 10         Trust accounts

     s. 136



                         Part 10 -- Trust accounts
     136.      Interpretation
        (1)    In this Part --
               "legal practitioner" includes --
5                   (a) a former legal practitioner;
                   (b) a firm of legal practitioners;
                    (c) except in relation to anything done or omitted to be
                         done by the legal practitioner, the personal
                         representative of a deceased legal practitioner.
10      (2)    Sections 63, 85, 90 and 121 apply the provisions of this Part to
               incorporated legal practices, multi-disciplinary partnerships,
               interstate practitioners and registered foreign lawyers
               respectively.
        (3)    A reference in this Part to trust moneys received by a legal
15             practitioner includes moneys received in the course of legal
               practice --
                 (a) by a partner, officer, employee or agent of the legal
                        practitioner; or
                 (b) by a person with whom the legal practitioner shares
20                      receipts, other than as principal and agent.
     137.      Trust moneys to be paid to trust account
        (1)    Every legal practitioner practising in this State who receives
               trust moneys must --
                 (a) deposit the moneys to the credit of a trust account,
25                     whether a general account or an account maintained for
                       one or other of the persons from whom, or for whose use
                       or benefit the moneys are received, specifically; and
                 (b) retain the moneys in the account until --
                         (i) they are dealt with as directed by the person from
30                            whom or for whose use or benefit they are
                              received; or

     page 88
                                                        Legal Practice Bill 2002
                                                 Trust accounts         Part 10

                                                                         s. 138



                      (ii)   they are otherwise dealt with according to law.
       (2)   Subsection (1) does not apply when a legal practitioner deals
             with the trust moneys as directed by the person from whom, or
             for whose use or benefit, the trust moneys are received.
5      (3)   Trust moneys --
              (a)   are not available for the satisfaction of any debt due to,
                    or any claim or demand made by, a person other than the
                    person for whose use or benefit they are received; and
              (b)   must not be attached or taken in execution at the
10                  instance of any other person.
       (4)   Nothing in subsection (3) affects a lien or valid claim that a
             legal practitioner may have over or against trust moneys under
             the control of that legal practitioner.

     138.    Application of trust moneys to payment of costs
15           A legal practitioner under whose control trust moneys are held
             may apply the trust moneys towards the payment of the costs
             and disbursements charged against the person for whose use or
             benefit the moneys are held if --
               (a) that application is authorised by the client under the
20                   terms on which the moneys are so held; and
               (b) the legal practitioner within 14 days after so applying
                     the moneys causes to be served upon that person a bill
                     of costs in respect of those costs and disbursements
                     showing that trust moneys have been applied by the
25                   legal practitioner towards the payment of those costs and
                     disbursements.

     139.    Banks not to be concerned as to the application of, or to
             have recourse against, trust moneys
       (1)   A bank with which a legal practitioner maintains a trust account
30           is not obliged to inquire into the application of moneys



                                                                       page 89
     Legal Practice Bill 2002
     Part 10         Trust accounts

     s. 140



               deposited to the credit of that account and is in no way liable in
               respect of any misapplication of those moneys.
        (2)    Except as regards the operation of the account, a bank has no
               right of recourse against moneys standing to the credit of an
5              account that is designated as, or is evident as being, a trust
               account.

     140.      Legal practitioners to maintain books of account
               A legal practitioner must maintain books of account of all trust
               moneys received, deposited and disbursed or otherwise dealt
10             with by that legal practitioner, in such a manner as to disclose
               the true position as regards those moneys and to enable the
               books to be readily and conveniently audited.

     141.      Receipt of cheques
        (1)    In this section --
15             "direction in writing", in relation to a cheque received by a
                    legal practitioner, means a letter, authority or other writing
                    from the person from whom the cheque is received, or from
                    the person for whose use or benefit the cheque is received,
                    clearly indicating the manner in which the cheque is to be
20                  dealt with.
        (2)    Where a legal practitioner receives a cheque from a person for
               the use or benefit of a person other than the legal practitioner --
                 (a) the legal practitioner must cause an adequate record of
                       the receipt and disposition of the cheque to be made;
25               (b) if the cheque is made payable to the legal practitioner,
                       the legal practitioner must not deal with the cheque
                       unless the legal practitioner has a direction in writing;
                       and
                 (c) the legal practitioner must retain that record and, where
30                     applicable, that direction for at least 7 years.




     page 90
                                                         Legal Practice Bill 2002
                                                  Trust accounts         Part 10

                                                                           s. 142



       (3)   Subsection (2) does not apply in relation to a cheque that is paid
             into a trust account.
       (4)   Despite subsection (2)(b), if the legal practitioner does not have
             a direction in writing and it is necessary to deal with the cheque
5            without delay, the legal practitioner may deal with the cheque
             but before doing so must send notice in writing of the intention
             to deal with the cheque to the person from whom the cheque is
             received or to the person for whose use or benefit the cheque is
             received.
10     (5)   A reference in subsection (2) to the receipt of a cheque by a
             legal practitioner includes the receipt of a cheque in the course
             of legal practice --
               (a) by a partner, officer, employee or agent of the legal
                     practitioner; or
15             (b) by a person with whom the legal practitioner shares
                     receipts other than as principal and agent.

     142.    Board may appoint accountant to examine books of account
       (1)   The Board may, on its own initiative or at the request of the
             Legal Contribution Trust, appoint and authorise an accountant
20           within the meaning of section 147(1) to examine the books of
             account and records of a legal practitioner relating to any trust
             accounts and to furnish the Board with a confidential report on
             the matters and things disclosed by the examination.
       (2)   If an examination is authorised under this section at the request
25           of the Legal Contribution Trust, the Board may require that
             body to pay part or all of the costs of the examination and the
             Legal Contribution Trust must comply with that requirement.
       (3)   If the report of the examiner discloses that the legal practitioner
             to whom it relates --
30             (a) has failed to keep books of account in accordance with
                      section 140; or



                                                                         page 91
     Legal Practice Bill 2002
     Part 10         Trust accounts

     s. 143



                (b)   has contravened a provision of this or any other Act
                      relating to trust accounts or trust moneys,
               the Board may order the legal practitioner to pay the costs, or
               any part of the costs, of the examination and the legal
5              practitioner must comply with that order.

     143.      Examiner may require production of books and documents
        (1)    The examiner may require --
                (a) the legal practitioner to whom the appointment relates
                      or, in the event of the absence of that legal practitioner,
10                    any of the practitioner's employees, officers or agents to
                      produce to the examiner any records relating to trust
                      moneys or trust accounts that, in the opinion of the
                      examiner, may be reasonably necessary for the purposes
                      of the examination; and
15              (b) the manager or principal officer of a bank in which the
                      legal practitioner to whom the appointment relates has
                      deposited money, despite any law or rule of law to the
                      contrary, to --
                         (i) disclose every account of the legal practitioner
20                             that, in the opinion of the examiner, may be
                               relevant to the examination; and
                        (ii) permit the making of a copy or extracts of any
                               such account.
        (2)    The examiner must, if requested, produce his or her instrument
25             of appointment to a person required to do anything under
               subsection (1).
        (3)    If a person required to do anything under subsection (1), without
               lawful excuse, proof of which lies on that person --
                 (a) refuses or fails to do the thing required;
30               (b) hinders or obstructs the examiner in the exercise of a
                        power under this Act; or



     page 92
                                                        Legal Practice Bill 2002
                                                 Trust accounts         Part 10

                                                                         s. 144



              (c)   hinders or obstructs the examiner or any person
                    employed by the examiner in the performance of a duty
                    under this Act,
             the person commits an offence.
5            Penalty: $5 000.

     144.    Limitation on disclosure of matters revealed in the course of
             examinations
             A person who is, or is employed by, an examiner must not,
             except in the course of the examiner's report to the Board, or
10           any inquiry into the report, disclose or communicate to any
             person any matter of which the person is informed or that comes
             to the knowledge of that person in the course of an examination
             made under this Part.

     145.    Action on examiner's report
15     (1)   Upon receipt of the examiner's report, the Board must consider
             it and may, where the circumstances so require, proceed to
             inquire into the matters revealed by the report.
       (2)   The provisions of section 41(2) apply to an inquiry under
             subsection (1) as if the inquiry were made under Part 5.
20     (3)   The Board may, whether or not it has inquired into the matters
             revealed by the report, request the Complaints Committee to
             inquire into the matter under Part 12.
       (4)   Where it appears to the Board from the report of the examiner
             that an accountant or auditor has been guilty of neglect, breach
25           of duty or any improper conduct, the Board may communicate
             that fact to the professional association of which the accountant
             or auditor is a member.
       (5)   The Board or a member or employee of the Board must not
             communicate to any person any matter appearing in the
30           examiner's report, except --
               (a) in the course of any action taken by the Board as the
                   result of an inquiry conducted under subsection (1);

                                                                       page 93
     Legal Practice Bill 2002
     Part 10         Trust accounts

     s. 146



                (b)    to the Attorney General or a public officer;
                (c)    to the Legal Contribution Trust; or
                (d)    as otherwise provided by this section.
        (6)    A person to whom any matter appearing in the examiner's
5              report is communicated under this section must not, except in
               the course of legal proceedings, communicate the matter to any
               other person without the authority of the Board.
     146.      Legal practitioners to make payments towards Guarantee
               Fund
10      (1)    Subject to subsection (4), every legal practitioner who, on
               30 June in any year has held a practice certificate for 2 years or
               longer must, if and when paying the fee for any succeeding
               practice certificate, pay to the Board, for application to the
               Guarantee Fund, such amount not exceeding $20 as may be
15             prescribed by the rules.
        (2)    The Board must not issue a practice certificate to a legal
               practitioner obliged to make a payment under subsection (1)
               until the payment is made.
        (3)    The Board must pay to the Legal Contribution Trust all moneys
20             received by it under subsection (1).
        (4)    A legal practitioner who has made 5 payments, or has paid an
               amount equal to 5 payments as then prescribed, under
               subsection (1), is exempt from the requirement of making any
               further payment under that subsection.
25   147.      Accountant's certificate
        (1)    In this section --
               "accountant" means --
                    (a) a person registered as an auditor, or taken to be
                           registered as an auditor, under Part 9.2 of the
30                         Corporations Act; or
                    (b) a person approved for the purposes of section 72(2)
                           of the Real Estate and Business Agents Act 1978.

     page 94
                                                       Legal Practice Bill 2002
                                                Trust accounts         Part 10

                                                                         s. 147



     (2)   Every legal practitioner who is required to maintain a trust
           account must, when applying for a practice certificate, give to
           the Board a certificate from an accountant to the effect that the
           legal practitioner's books of account relating to that trust
5          account have been kept in accordance with the rules, if any,
           relating to the keeping of trust accounts.
     (3)   Every legal practitioner director of an incorporated legal
           practice that is required to maintain a trust account must, when
           applying for a practice certificate, deliver to the Board from an
10         accountant a certificate to the effect that the incorporated legal
           practice's books of account relating to its trust account have
           been kept in accordance with the rules, if any, relating to the
           keeping of trust accounts.
     (4)   If a satisfactory certificate is not delivered to the Board under
15         this section, the Board in its discretion may withhold the issue
           of the practice certificate.
     (5)   Every legal practitioner who claims not to be required to
           maintain a trust account must prove that fact to the satisfaction
           of the Board, and pending such satisfaction the Board in its
20         discretion may withhold the issue of the practice certificate.
     (6)   A person who ceases to hold a practice certificate, and a person
           administering the estate of a deceased legal practitioner,
           must --
             (a) deliver to the Board a certificate from an accountant
25                which fulfils the requirements of subsection (2) in
                  respect of any period during which the legal practitioner
                  held a practice certificate and in respect of which no
                  accountant's certificate has been received by the Board;
                  or
30           (b) satisfy the Board that the legal practitioner was not
                  required to maintain a trust account during the relevant
                  period.
           Penalty: $2 500.



                                                                       page 95
     Legal Practice Bill 2002
     Part 11         Supervisors and managers

     s. 148



                 Part 11 -- Supervisors and managers
     148.      Interpretation
               In this Part, unless the contrary intention appears --
               "Board's appointee" means a certificated practitioner
5                   appointed by the Board under section 154;
               "legal practitioner" includes a registered foreign lawyer;
               "practice" means, as the case requires, the practice of --
                    (a) a legal practitioner in respect of whose bank account
                           or accounts an order, other than an order for
10                         revocation, has been made under section 149 or 150;
                    (b) a deceased legal practitioner or former incorporated
                           legal practice in respect of whose trust account an
                           order has been made under section 150;
                    (c) a legal practitioner in respect of whom an inquiry is
15                         authorised under section 154;
                    (d) a legal practitioner in respect of whom, or in respect
                           of whose trust account, an order has been made under
                           section 156;
               "supervising solicitor" means, as the case requires, a
20                  certificated practitioner appointed by the Board --
                    (a) under section 151; or
                    (b) under powers conferred on the Board by
                           section 157(a),
                    to conduct a practice.

25   149.      Restraint on bank accounts
        (1)    If a Judge, on the application of the Board, is satisfied --
                 (a) that there are reasonable grounds for believing --
                         (i) that there is, or may be, a deficiency in a trust
                               account of a legal practitioner; or



     page 96
                                                       Legal Practice Bill 2002
                                      Supervisors and managers         Part 11

                                                                          s. 150



                      (ii)   that there has been undue delay on the part of a
                             legal practitioner in properly paying or applying
                             trust moneys to or on behalf of a person or
                             persons for whose use or benefit they have been
5                            received;
                     or
              (b)    that a legal practitioner is suspended from practising,
             the Judge may make an order directed to that legal practitioner
             and to the bankers of that legal practitioner and their respective
10           employees, officers and agents restraining dealings in all of the
             bank accounts, or any specified bank accounts, of the legal
             practitioner.
       (2)   An order under subsection (1) may be made subject to such
             terms and conditions as the Judge thinks fit.
15     (3)   A Judge may, on the application of the Board, the legal
             practitioner, or any person interested, by further order revoke or
             vary an order made under subsection (1).
       (4)   The legal practitioner and the bankers of that practitioner and
             their respective employees, officers and agents must give effect
20           to an order made under this section according to its tenor.

     150.    Control of trust moneys by Legal Contribution Trust
       (1)   If a Judge is satisfied, on the application of the Board, that --
               (a)  there is a deficiency in a trust account of a legal
                    practitioner;
25             (b) a sole legal practitioner has died; or
               (c) an incorporated legal practice has been deregistered or
                    dissolved,
             the Judge may order that the Legal Contribution Trust --
               (d) take possession of the moneys constituting the balance
30                  of the account, or constituting the trust account of the
                    deceased legal practitioner or former incorporated legal
                    practice;

                                                                        page 97
     Legal Practice Bill 2002
     Part 11         Supervisors and managers

     s. 151



                 (e)   deposit the moneys in a separate account in the name of
                       the Legal Contribution Trust; and
                 (f)   deal with those moneys according to law.
        (2)    If an order is made under subsection (1) the legal practitioner
5              and the bankers of that legal practitioner and their respective
               employees, officers and agents, or the former employees,
               officers and agents of the deceased legal practitioner or former
               incorporated legal practice, and the employees, officers and
               agents of those former bankers, must permit the Legal
10             Contribution Trust to give effect to the order according to its
               tenor.

     151.      Special powers of the Board
        (1)    If an order other than an order for revocation is made under
               section 149, 150 or 182, the Board, while the order is in
15             force --
                 (a) may appoint a certificated practitioner or registered
                       foreign lawyer (if the order is made in respect of the
                       practice of a registered foreign lawyer) to be supervising
                       solicitor of the practice;
20               (b) may authorise the Legal Contribution Trust to advance
                       money, out of the Guarantee Fund, to the supervising
                       solicitor.
        (2)    An appointment under subsection (1)(a) may be made on such
               terms and conditions as to remuneration and indemnity as the
25             Board thinks fit.
        (3)    While an order referred to in subsection (1) is in force --
                (a) the supervising solicitor may enforce the recovery of
                      profit costs earned by the legal practitioner;
                (b) the legal practitioner remains liable, and the supervising
30                    solicitor is not liable, for debts, liabilities and
                      professional obligations incurred, or arising out of
                      circumstances occurring, prior to the date of the order;
                      and

     page 98
                                                     Legal Practice Bill 2002
                                    Supervisors and managers         Part 11

                                                                         s. 151



             (c)   despite paragraph (b), the supervising solicitor may,
                   with the consent of the Legal Contribution Trust, pay the
                   debts or liabilities or meet the professional obligations
                   referred to in paragraph (b) where that is necessary or
5                  convenient for the carrying on of the practice and those
                   sums are to be taken to form part of the proper expenses
                   of the supervising solicitor.
     (4)   The Board may determine --
            (a) what, if any, proportion of any profit costs recovered on
10               account of the legal practitioner, or on account of the
                 personal representative of the deceased practitioner, are
                 payable to that person; and
            (b) what proportion is to be paid to the Legal Contribution
                 Trust as a sum properly incurred by the Legal
15               Contribution Trust towards --
                    (i) expenses of the Legal Contribution Trust arising
                        under section 150;
                   (ii) the expenses and remuneration of the supervising
                        solicitor; and
20                (iii) the reimbursement of advances made out of the
                        Guarantee Fund and not otherwise recovered.
     (5)   A sum determined by the Board to be payable under
           subsection (4)(b) in so far as not paid to the Legal Contribution
           Trust by the supervising solicitor may be recovered by the Legal
25         Contribution Trust from the legal practitioner or the estate of the
           deceased legal practitioner (as the case may require) --
             (a) from any profit costs; or
             (b) otherwise,
           as a debt determined to have been properly incurred and to be
30         due to the Legal Contribution Trust.
     (6)   Persons acting judicially are to take judicial notice of a
           determination under subsection (5).


                                                                        page 99
     Legal Practice Bill 2002
     Part 11         Supervisors and managers

     s. 152



     152.       Functions of supervising solicitor
        (1)     A supervising solicitor of a practice must --
                  (a)   conduct the practice for the purpose of concluding or
                        disposing of matters commenced but not concluded on
5                       behalf of clients of the practice and, where necessary,
                        for the purpose of disposing of, or dealing with,
                        documents relevant to those matters; and
                 (b)    in the case of the practice of a deceased legal
                        practitioner, carry on the practice until it can otherwise
10                      be dealt with according to law.
        (2)     A supervising solicitor of a practice may require --
                  (a)   the legal practitioner to whom the appointment in
                        respect of the practice relates;
                 (b)    any employees, officers or agents of the legal
15                      practitioner; and
                  (c)   in the case of the practice of a deceased legal
                        practitioner, the personal representative or any of the
                        former employees or agents of the deceased legal
                        practitioner,
20              to produce to the supervising solicitor any records relating to the
                practice that, in the opinion of the supervising solicitor, may be
                reasonably necessary for the purposes of conducting the
                practice.
        (3)     Despite any rule of law to the contrary, the supervising solicitor
25              of a practice may require a bank in which the legal practitioner
                or deceased legal practitioner to whom the appointment in
                respect of the practice relates has or had an account, to --
                  (a) disclose every account of that legal practitioner that, in
                        the opinion of the supervising solicitor, may be relevant
30                      to the conduct of the practice; and
                  (b) permit the making of a copy or extracts of any such
                        account.


     page 100
                                                       Legal Practice Bill 2002
                                      Supervisors and managers         Part 11

                                                                           s. 153



       (4)   The supervising solicitor of a practice may --
              (a) enter any premises of the legal practitioner to whom the
                    appointment in respect of the practice relates, or, in the
                    case of the practice of a deceased legal practitioner,
5                   former premises; and
              (b) take possession of all records or other things relating to
                    the practice that, in the opinion of the supervising
                    solicitor, may be relevant to or necessary for the conduct
                    of the practice.
10     (5)   A power under subsection (2), (3) or (4) must not be exercised
             before the supervising solicitor has, if so required, produced the
             instrument by which the appointment in respect of the practice
             was made.

     153.    Payment of moneys out of separate account
15           If an order is made under section 150 --
               (a) the Legal Contribution Trust may, on the certificate of
                     the supervising solicitor, pay to the supervising solicitor
                     or as may be directed in the certificate, out of the
                     moneys deposited in the separate account under the
20                   order, such amount or amounts as are specified in the
                     certificate, without enquiring as to, or being liable in
                     respect of, the correctness of the certificate or the
                     application of any money paid on the certificate; and
               (b) a Judge may, on the application of the Board, the Legal
25                   Contribution Trust, or any person interested, give such
                     directions as the Judge thinks fit for the payment by the
                     Legal Contribution Trust of any part of the moneys
                     deposited in the separate account under the order.

     154.    Power of Board to appoint legal practitioner to inquire into
30           and report on practice
       (1)   The Board may at any time appoint in writing --
              (a) a certificated practitioner; or


                                                                       page 101
     Legal Practice Bill 2002
     Part 11         Supervisors and managers

     s. 154



                 (b)    in the case of an inquiry into a registered foreign lawyer,
                        a certificated practitioner or a registered foreign lawyer,
                to inquire whether or not a legal practitioner is, for any reason,
                incapable of properly conducting the practice carried on by that
5               legal practitioner, and to report on that inquiry to the Board.
        (2)     The Board's appointee may require --
                 (a) the legal practitioner to whom the inquiry relates; and
                 (b) any employee, officer or agent of the legal practitioner,
                to produce to the Board's appointee any records relating to the
10              practice that, in the opinion of the Board's appointee, may be
                reasonably necessary for the purposes of the inquiry.
        (3)     Despite any rule of law to the contrary, the Board's appointee
                may require a bank in which the legal practitioner to whom the
                inquiry relates has an account to --
15                (a) disclose every account of that legal practitioner that, in
                        the opinion of the Board's appointee, may be relevant to
                        the inquiry; and
                  (b) permit the making of a copy or extracts of any such
                        account.
20      (4)     A power under subsection (2) or (3) must not be exercised
                before the Board's appointee has, if so required, produced the
                instrument by which the appointment in respect of the
                practitioner was made.
        (5)     A person who, being required to do anything under
25              subsection (2) or (3), without lawful excuse, proof of which lies
                on that person --
                  (a) refuses or fails to do the thing required; or
                  (b) hinders or obstructs the Board's appointee in the
                        exercise of a power under this section,
30              commits an offence.
                Penalty: $5 000.


     page 102
                                                       Legal Practice Bill 2002
                                      Supervisors and managers         Part 11

                                                                           s. 155



     155.    Board may apply to Judge for an order
             The Board must consider a report received from the Board's
             appointee and may where the circumstances so require apply to
             a Judge for an order under section 156.

5    156.    Power of Judge
       (1)   If a Judge, on the application of the Board, is satisfied that there
             are reasonable grounds for believing that a legal practitioner is,
             for any reason, incapable of properly conducting the practice
             carried on by that legal practitioner, the Judge may --
10             (a) suspend the legal practitioner from practising for the
                     period specified in the order or, in the case of a
                     registered foreign lawyer, suspend the registration of the
                     registered foreign lawyer for a period specified in the
                     order;
15             (b) restrain the legal practitioner and the bankers of that
                     practitioner and their respective employees, officers and
                     agents from dealing in all or any of the bank accounts of
                     the legal practitioner, subject to such terms and
                     conditions as the Judge thinks fit;
20             (c) authorise the Board to appoint a supervising solicitor;
               (d) authorise the Board to suspend the legal practitioner
                     from practising until further notice or, in the case of a
                     registered foreign lawyer, to suspend the registration of
                     the registered foreign lawyer until further notice;
25             (e) make an order containing any other provision of a kind
                     referred to in section 187 and such further or other
                     orders as the Judge thinks fit.
       (2)   Section 153 applies to an order made under subsection (1)(b) as
             if the order were made under section 150.




                                                                        page 103
     Legal Practice Bill 2002
     Part 11         Supervisors and managers

     s. 157



        (3)     If the Judge authorises the Board to appoint a supervising
                solicitor under subsection (1) the Judge may --
                  (a) order that the supervising solicitor is empowered to
                         withdraw moneys from any bank account of the legal
5                        practitioner; and
                  (b) make an order like that which may be made under
                         section 150.
        (4)     A Judge may, on the application of the Board, the legal
                practitioner, or any person interested, by further order revoke or
10              vary an order made under subsection (1) or (3).
        (5)     The Board must give a legal practitioner notice of any
                application made by the Board under subsection (1) or (4) in
                respect of the legal practitioner.
        (6)     A legal practitioner who makes an application under
15              subsection (4) must give the Board notice of the application.
        (7)     An interested person who makes an application under
                subsection (4) in respect of a legal practitioner must give the
                Board and the legal practitioner notice of the application.
        (8)     The legal practitioner, the bankers of that legal practitioner, and
20              their employees, officers and agents must give effect to an order
                made under this section according to its tenor.

     157.       Effect of certain orders
                If an order is made under section 156(1) --
                  (a) the Board has, with such modifications as are necessary,
25                      like powers to those conferred by section 151; and
                  (b) a supervising solicitor appointed pursuant to the order
                        has like powers and duties to those conferred and
                        imposed on a supervising solicitor by section 152,
                        including carrying on the practice until it can be
30                      otherwise dealt with according to law.



     page 104
                                                     Legal Practice Bill 2002
                                    Supervisors and managers         Part 11

                                                                        s. 158



     158.   Offence
            If a person, without lawful excuse, proof of which lies on that
            person --
              (a) refuses or fails to do a thing required of that person by a
5                    supervising solicitor under powers conferred on the
                     supervising solicitor under this Act;
              (b) hinders or obstructs the supervising solicitor in the
                     exercise of a power under this Act; or
              (c) hinders or obstructs the supervising solicitor, or any
10                   person employed by the supervising solicitor, in the
                     performance of a duty under this Act,
            the person commits an offence.
            Penalty: $5 000.




                                                                     page 105
     Legal Practice Bill 2002
     Part 12         Complaints and discipline
     Division 1      General
     s. 159



                   Part 12 -- Complaints and discipline
                                 Division 1 -- General
     159.       Interpretation
                In this Part, unless the contrary intention appears --
5               "legal practitioner" includes any person to whom this Part
                     applies.
     160.       Application
        (1)     This Part applies to --
                 (a) any person who is a legal practitioner, including a legal
10                     practitioner who does not hold a practice certificate;
                 (b) a person who was a legal practitioner when the
                       unsatisfactory conduct the subject of a complaint
                       allegedly occurred but who is no longer a legal
                       practitioner;
15               (c) a deceased legal practitioner;
                 (d) a person who is entitled under a law of the
                       Commonwealth to perform in the State the functions of
                       a barrister or solicitor;
                 (e) a person who is an interstate practitioner if the person
20                     engages in legal practice in this State; and
                  (f) a person who was an interstate practitioner engaged in
                       legal practice in this State when the unsatisfactory
                       conduct the subject of a complaint occurred but who is
                       no longer an interstate practitioner.
25      (2)     For the purposes of the application of this Part to an interstate
                practitioner, a reference in this Part to a practice certificate
                includes a reference to an interstate practice certificate.
        (3)     This Part also applies --
                 (a) to a registered foreign lawyer; and



     page 106
                                                       Legal Practice Bill 2002
                                      Complaints and discipline        Part 12
                                           Disciplinary bodies      Division 2
                                                                         s. 161



              (b)    to a person who was a registered foreign lawyer engaged
                     in the practice of foreign law when the alleged
                     unsatisfactory conduct occurred but who is no longer a
                     registered foreign lawyer,
5            as if a reference in this Part to a legal practitioner were a
             reference to a registered foreign lawyer and a reference to
             engaging in legal practice or practising law were a reference to
             engaging in the practice of foreign law or practising foreign law.
     161.    Jurisdiction of Supreme Court not affected
10           Nothing in this Part affects the jurisdiction of the Supreme
             Court with respect to legal practitioners.
                      Division 2 -- Disciplinary bodies
                    Subdivision 1 -- Complaints Committee
     162.    Complaints Committee established
15           A committee called the Legal Practitioners Complaints
             Committee is established.
     163.    Members of the Complaints Committee
       (1)   The Complaints Committee consists of the following
             members --
20            (a) a chairperson, and not less than 6 other legal
                   practitioners, appointed by the Board from amongst its
                   members from time to time;
              (b) not less than 2 representatives of the community, none
                   of whom is to be a person who is or has been a legal
25                 practitioner.
       (2)   The Attorney General is to appoint the members as
             representatives of the community after consultation with the
             Minister responsible for consumer affairs.
       (3)   The number of persons to be appointed to the Complaints
30           Committee as representatives of the community must not



                                                                      page 107
     Legal Practice Bill 2002
     Part 12         Complaints and discipline
     Division 2      Disciplinary bodies
     s. 164



                exceed one quarter of the total membership of the Complaints
                Committee for the time being.

     164.       Functions of the Complaints Committee
        (1)     The functions of the Complaints Committee are --
5                (a) to supervise the conduct of legal practitioners and the
                       practice of the law;
                 (b) to receive complaints under section 175;
                 (c) to inquire into such complaints and, where the
                       committee so determines whether for cause or not and
10                     whether the Complaints Committee has received a
                       complaint or not, any --
                          (i) conduct on the part of a legal practitioner; or
                         (ii) matters relating to legal practice,
                       for the purpose of determining whether it may constitute
15                     unsatisfactory conduct;
                 (d) if the Complaints Committee considers it appropriate to
                       do so --
                          (i) to conciliate between a legal practitioner and a
                               complainant or other person affected by the
20                             conduct of the legal practitioner; or
                         (ii) to refer a matter for conciliation by the Law
                               Society or another appropriate person or body;
                 (e) to exercise summary professional disciplinary
                       jurisdiction in accordance with section 177;
25                (f) if the Complaints Committee considers it appropriate to
                       do so, and whether or not it has conducted an inquiry, to
                       institute --
                          (i) professional disciplinary proceedings against a
                               legal practitioner before the Disciplinary
30                             Tribunal; or
                         (ii) proceedings before the Supreme Court;


     page 108
                                                       Legal Practice Bill 2002
                                      Complaints and discipline        Part 12
                                           Disciplinary bodies      Division 2
                                                                         s. 165



              (g)   to supervise and direct the Law Complaints Officer in
                    the performance of the functions of that officer; and
              (h)   to comment upon, and make recommendations in
                    respect of, this Act and the rules insofar as they may
5                   affect the functions of the Complaints Committee.
       (2)   In addition to the functions set out in subsection (1) a member
             appointed under section 163(2) may report independently, as an
             individual to the Attorney General on any aspect of --
               (a) an alleged complaint;
10             (b) an inquiry as to disciplinary matters under this Part;
               (c) the rules as they relate to disciplinary matters or the
                     conduct of practice under this Act; or
               (d) the activities of the Law Complaints Officer or the
                     Complaints Committee.

15   165.    Constitution and procedure of Complaints Committee
       (1)   Schedule 2 Division 1 has effect with respect to the constitution
             of the Complaints Committee.
       (2)   Schedule 2 Division 2 has effect with respect to the procedure
             of the Complaints Committee.

20   166.    Reports
       (1)   The chairperson of the Complaints Committee must on or
             before 31 December in each year cause an annual report in
             relation to the activities of the Complaints Committee in the
             year ending on the preceding 30 June to be made and submitted
25           to the Attorney General.
       (2)   The Attorney General must within 14 days after the day on
             which a copy of a report is received by the Attorney General
             cause a copy of the report to be laid before each House of
             Parliament or dealt with under section 251.




                                                                      page 109
     Legal Practice Bill 2002
     Part 12         Complaints and discipline
     Division 2      Disciplinary bodies
     s. 167



        (3)     In addition to the annual report under subsection (1), the
                Complaints Committee must report --
                  (a) at such other times and in such manner as may be
                        requested, to the Attorney General; and
5                 (b) at such times and in such manner as may be requested,
                        to the Board,
                on matters relating to its functions and the operation of the
                provisions of this Act regulating the conduct and disciplining of
                legal practitioners.
10      (4)     The Complaints Committee may make a report under
                subsection (3) of its own volition.
        (5)     Where a report is to be made under subsection (3) any member
                of the Complaints Committee may request that the report
                include such matters as that member considers appropriate, and
15              effect must be given to the request.

     167.       The Law Complaints Officer
        (1)     An office of Law Complaints Officer is established.
        (2)     The Board must appoint to the office of Law Complaints
                Officer a legal practitioner with experience in the conduct of a
20              legal practice.
        (3)     Subject to the directions of the Complaints Committee, the Law
                Complaints Officer may --
                 (a) exercise the functions of the Complaints Committee,
                       other than the exercise of summary professional
25                     disciplinary jurisdiction; and
                 (b) from time to time on behalf of the Complaints
                       Committee and in its stead, carry out its duties and
                       exercise its powers in relation to those functions.
        (4)     The Law Complaints Officer may appear at any investigation,
30              inquiry or hearing under this Part either in person or by counsel.



     page 110
                                                       Legal Practice Bill 2002
                                      Complaints and discipline        Part 12
                                           Disciplinary bodies      Division 2
                                                                         s. 168



                 Subdivision 2 -- The Disciplinary Tribunal

     168.    Disciplinary Tribunal established
       (1)   A tribunal called the Legal Practitioners Disciplinary Tribunal is
             established.
5      (2)   All summonses, orders and other processes issued out of the
             Disciplinary Tribunal must be stamped with the seal of the
             Tribunal.

     169.    Composition of Disciplinary Tribunal
       (1)   The Disciplinary Tribunal consists of the following members --
10            (a) the chairperson appointed under section 170, and the
                    deputy chairperson of the Disciplinary Tribunal if
                    appointed;
              (b) those members of the Board who are not members of the
                    Complaints Committee;
15            (c) any other legal practitioner appointed under
                    subsection (2);
              (d) one or more other persons as representatives of the
                    community, none of whom is to be a person who is or
                    has been a legal practitioner or a person who holds
20                  current office as a representative of the community on
                    the Complaints Committee.
       (2)   Each member of the Disciplinary Tribunal holding office under
             subsection (1)(c) is to be appointed by the Board from amongst
             certificated practitioners of not less than 8 years' standing.
25     (3)   The Attorney General is to appoint the members as
             representatives of the community after consultation with the
             Minister responsible for consumer affairs.

     170.    Chairperson of the Disciplinary Tribunal
       (1)   The chairperson of the Disciplinary Tribunal is to be appointed
30           by the Governor.

                                                                      page 111
     Legal Practice Bill 2002
     Part 12         Complaints and discipline
     Division 2      Disciplinary bodies
     s. 171



        (2)     A person is not eligible to be appointed as chairperson of the
                Disciplinary Tribunal unless the person is --
                 (a) a Judge of the Supreme Court or District Court;
                 (b) a former Judge of the Supreme Court, the District Court,
5                       the Federal Court of Australia or the High Court of
                        Australia; or
                 (c) a legal practitioner of not less than 8 years' standing.

     171.       Constitution and procedure of Disciplinary Tribunal
        (1)     Subject to the rules, the chairperson of the Disciplinary Tribunal
10              may --
                 (a) give directions generally as to the procedure to be
                       adopted to select members, and to constitute the
                       Tribunal for the purpose of hearing and determining any
                       matter; or
15               (b) in a particular matter, select which members are to
                       constitute the Tribunal for the purpose of hearing and
                       determining that matter,
                and for the purpose of any matter, other than one for which the
                Disciplinary Tribunal is constituted by the chairperson sitting
20              alone, it is sufficient if members constituting not less than a
                quorum are selected.
        (2)     A member who, in relation to a particular matter, has been
                participating in any endeavours at conciliation under this Part,
                must not participate as a member of the Disciplinary Tribunal in
25              relation to that matter.
        (3)     When hearing or determining any matter of practice or
                procedure or of an interlocutory nature, the Disciplinary
                Tribunal may be constituted by the chairperson sitting alone.
        (4)     Schedule 3 Division 1 has effect with respect to the constitution
30              of the Disciplinary Tribunal.




     page 112
                                                       Legal Practice Bill 2002
                                      Complaints and discipline        Part 12
                                           Disciplinary bodies      Division 2
                                                                         s. 172



       (5)   Schedule 3 Division 2 has effect with respect to the procedure
             of the Disciplinary Tribunal.

     172.    Functions of the Disciplinary Tribunal
       (1)   The functions of the Disciplinary Tribunal are --
5             (a) to hear and determine all matters referred to it, and
                    applications made to it, under this Act; and
              (b) to make and enforce orders in respect of those matters.
       (2)   A member appointed under section 169(3) may report
             independently, as an individual to the Attorney General on any
10           aspect of --
               (a) an alleged complaint;
               (b) an inquiry as to disciplinary matters under this Part;
               (c) the rules as they relate to disciplinary matters or the
                     conduct of practice under this Act; or
15             (d) the activities of the Law Complaints Officer or the
                     Complaints Committee.

     173.    Registrar
       (1)   The Board may appoint a person to be the Registrar of the
             Disciplinary Tribunal.
20     (2)   The Registrar is to perform the functions contemplated by the
             rules or required by the Tribunal.

     174.    Annual report
       (1)   The chairperson of the Disciplinary Tribunal must on or before
             31 December in each year cause an annual report in relation to
25           the activities of the Disciplinary Tribunal in the year ending on
             the preceding 30 June to be made and submitted to the Attorney
             General.
       (2)   The Attorney General must within 14 days after the day on
             which a copy of a report is received by the Attorney General


                                                                     page 113
     Legal Practice Bill 2002
     Part 12         Complaints and discipline
     Division 3      Complaints about legal practitioners
     s. 175



                cause a copy of the report to be laid before each House of
                Parliament or dealt with under section 251.

              Division 3 -- Complaints about legal practitioners
     175.       Making of complaints
5       (1)     A complaint to the Complaints Committee as to the conduct of a
                legal practitioner, whether occurring before or after his or her
                admission as a legal practitioner, may be made under this
                section.
        (2)     A complaint may be made by --
10               (a) the Attorney General;
                 (b) the Board;
                 (c) the Executive Director of the Law Society in respect of
                      matters where the making of the complaint has been
                      authorised by a resolution of the Council of that Society;
15               (d) any legal practitioner; or
                 (e) any other person who has or had a direct personal
                      interest in the matters alleged in the complaint.
        (3)     A complaint --
                 (a) should normally be in writing, but the Complaints
20                    Committee or the Law Complaints Officer may
                      formulate in writing any oral complaint received;
                 (b) must set out briefly the allegations upon which the
                      complaint is grounded;
                 (c) may be made direct to the Complaints Committee or
25                    through the Law Complaints Officer;
                 (d) may be made --
                         (i) by the complainant personally;
                        (ii) by a legal practitioner with the authority of the
                             complainant; or



     page 114
                                                             Legal Practice Bill 2002
                                            Complaints and discipline        Part 12
             Conciliation and disciplinary proceedings -- Complaints       Division 4
                                                         Committee
                                                                               s. 176


                        (iii)   where a person who might have been a
                                complainant has died or is otherwise unable to
                                act, by or on behalf of that person by a personal
                                representative or any relative or other
5                               representative of that person;
                       and
                 (e)   may be made even though the complainant may bring
                       proceedings in any court with respect to the same
                       matter.
10      Division 4 -- Conciliation and disciplinary proceedings --
                        Complaints Committee
     176.      Conciliation
       (1)     If the Complaints Committee believes that a complaint might be
               resolved by conciliation, the Committee may --
15               (a) cause conferences of the persons concerned, or their
                       representatives, to be arranged and to be presided over
                       by a person acceptable to the Committee;
                 (b) give such advice and make such recommendations to the
                       persons concerned as may establish or maintain
20                     adequate communication between them and encourage
                       them to exchange or divulge information likely to assist
                       in the reaching of an agreement; and
                 (c) cause the persons concerned, or any of them, either
                       separately or together, to appear before the Law
25                     Complaints Officer or the Complaints Committee.
       (2)     If the Complaints Committee, with the consent of each of the
               parties to the settlement, by order gives effect to a settlement
               negotiated under this section --
                 (a) the terms of the settlement reached between the parties
30                      referred to in the order are final and binding on those
                        parties;
                 (b) the order may include any provision that might have
                        been ordered by the Disciplinary Tribunal; and

                                                                           page 115
     Legal Practice Bill 2002
     Part 12         Complaints and discipline
     Division 4      Conciliation and disciplinary proceedings -- Complaints
                     Committee
     s. 177


                  (c)   the order of the Committee may be enforced as if it had
                        been an order of the Disciplinary Tribunal.
        (3)     Evidence of anything lawfully said or done, or any record
                prepared and produced for the purpose of conciliation, by a
5               person in the course of any conciliation proceedings under this
                section --
                  (a) must not be used in any subsequent consideration of the
                        complaint by the Committee or the Tribunal; and
                  (b) unless that person waives the right to object, is not
10                      admissible in evidence against that person in any
                        subsequent civil proceedings concerning the subject
                        matter of the complaint.
     177.       Summary professional disciplinary jurisdiction
        (1)     The Complaints Committee has, and subject to the consent of
15              the legal practitioner concerned may exercise, jurisdiction
                summarily to find, after an inquiry under this Part, that a legal
                practitioner is guilty of unsatisfactory conduct.
        (2)     If the Complaints Committee makes a finding under
                subsection (1) the Complaints Committee may --
20                (a) order the legal practitioner to pay to the Board a fine not
                        exceeding $2 500;
                  (b) reprimand the legal practitioner;
                  (c) order that the legal practitioner seek and implement,
                        within a period specified in the order, advice from the
25                      Board, or from a person specified in the order, in
                        relation to the management and conduct of the practice,
                        or the specific part or aspect of the practice, specified in
                        the order;
                  (d) order that the legal practitioner, within such limits (if
30                      any) as may be fixed by the rules, reduce or refund any
                        fees, charges or disbursements in respect of business to
                        which the inquiry relates; or



     page 116
                                                             Legal Practice Bill 2002
                                            Complaints and discipline        Part 12
             Conciliation and disciplinary proceedings -- Complaints       Division 4
                                                         Committee
                                                                               s. 178


                 (e)   order that the legal practitioner pay all or any specific
                       part of the costs of either or both the complainant or the
                       Complaints Committee in relation to the inquiry.
       (3)     The Complaints Committee may take action under one or more
5              of the paragraphs of subsection (2).
       (4)     An order may be made under subsection (2)(2)(e) even where
               no finding is made under subsection (1) against the legal
               practitioner, if the Complaints Committee is of the opinion that
               the conduct of the legal practitioner gave reasonable cause for
10             the inquiry.
       (5)     An order made by the Complaints Committee may be enforced
               in the same manner as an order of the Supreme Court made
               under this Act.

     178.      Finding where legal practitioner convicted of an offence
15     (1)     Without limiting its jurisdiction under section 177, the
               Complaints Committee may make a finding that a legal
               practitioner is guilty of unsatisfactory conduct on it being shown
               that --
                 (a) the legal practitioner has been convicted of an offence
20                     by or before a court exercising jurisdiction in any place,
                       whether in Australia or elsewhere; and
                 (b) the conviction occurred within the period of 10 years
                       before the commencement of the proceedings under this
                       Act in which that finding may be made.
25     (2)     In any matter to which subsection (1) relates the Complaints
               Committee --
                 (a) is not required to inquire as to the propriety of the
                      conviction; and
                 (b) may inform itself as to the circumstances giving rise to
30                    the conviction from the transcripts or other records of --
                        (i) the court which convicted the legal practitioner;
                              or

                                                                           page 117
     Legal Practice Bill 2002
     Part 12         Complaints and discipline
     Division 4      Conciliation and disciplinary proceedings -- Complaints
                     Committee
     s. 179


                         (ii) any court which dealt with the conviction on
                              appeal,
                       and may make such inquiries or requests as are
                       necessary to obtain those transcripts or records.
5       (3)     Where an appeal against the conviction of the legal practitioner
                is pending the Complaints Committee may defer further
                consideration of the consequences of the finding that the legal
                practitioner is guilty of unsatisfactory conduct until the
                determination of the appeal.
10      (4)     Where in any proceedings to which subsection (1) relates a
                finding (the "adverse finding") is made founded upon a
                conviction that is subsequently quashed, set aside or changed
                the Complaints Committee must reconsider the adverse finding
                and --
15                (a) if the conviction was changed, may change the nature of
                        the adverse finding; and
                  (b) if the conviction was quashed or set aside, must quash or
                        set aside the adverse finding and any order made
                        consequential on that finding.
20      (5)     Despite subsection (4), the Complaints Committee may
                continue the original inquiry relating to the matter.

     179.       Disciplinary action against foreign lawyer
        (1)     In determining whether disciplinary action should be taken
                against a registered foreign lawyer, the Complaints Committee
25              may take into account whether the conduct of the registered
                foreign lawyer was consistent with the standards of professional
                conduct of the legal profession in the lawyer's foreign place of
                registration.
        (2)     If the Complaints Committee finds that a registered foreign
30              lawyer is guilty of unsatisfactory conduct it has, in addition to
                its powers under section 177, the power to make an order
                imposing any conditions of a kind referred to in section 106 on
                the registered foreign lawyer.

     page 118
                                                             Legal Practice Bill 2002
                                            Complaints and discipline        Part 12
             Conciliation and disciplinary proceedings -- Complaints       Division 4
                                                         Committee
                                                                               s. 180


     180.      Referral by Committee to Disciplinary Tribunal
       (1)     If the Complaints Committee determines that a matter should be
               heard by the Disciplinary Tribunal, the Committee must refer
               the matter to the Disciplinary Tribunal.
5      (2)     The Committee is not limited under subsection (1) by the terms
               of any complaint it has received or by the subject matter of any
               inquiry it has conducted.
       (3)     The referral must be made in the manner prescribed by the
               rules.

10   181.      Complainant may refer complaint to Disciplinary Tribunal
       (1)     If the Complaints Committee, after inquiry, determines that a
               complaint should neither be dealt with summarily under
               section 177 nor referred to the Disciplinary Tribunal, the
               Committee must cause the Law Complaints Officer to give, in
15             writing to the complainant and to the legal practitioner
               concerned, notice of that determination together with short
               particulars of the reasons for the determination.
       (2)     A complainant aggrieved by a determination under
               subsection (1) may refer the complaint to the Disciplinary
20             Tribunal.
       (3)     The referral must be made in the manner prescribed by the
               rules.
       (4)     If the Complaints Committee, in its reasons for determination,
               specifically finds the complaint --
25               (a) to be trivial, unreasonable, vexatious or frivolous;
                 (b) to relate to conduct or events too remote in time to
                       justify investigation; or
                 (c) to be a matter in which the complainant does not have a
                       sufficient interest to justify the complaint,
30             the complaint cannot be referred under subsection (2) without
               the consent of the Attorney General.

                                                                           page 119
     Legal Practice Bill 2002
     Part 12         Complaints and discipline
     Division 5      Disciplinary proceedings before Disciplinary Tribunal
     s. 182



     182.       Interim restrictions on practice
        (1)     The Complaints Committee may apply to the Supreme Court for
                an order suspending a legal practitioner from practice, or
                restricting the entitlement of a legal practitioner to practise,
5               pending --
                  (a) inquiry, and determination or referral of a matter, by the
                         Complaints Committee;
                  (b) the hearing of a matter by the Disciplinary Tribunal; or
                  (c) an appeal against a decision of the Disciplinary
10                       Tribunal.
        (2)     On an application under subsection (1), the Supreme Court may,
                in addition to or instead of any other order it may make, make
                an order under section 149 as though the application were an
                application by the Board.

15               Division 5 -- Disciplinary proceedings before
                             Disciplinary Tribunal
     183.       Referral to be dealt with expeditiously
                If a matter is referred, or an application is made, to the
                Disciplinary Tribunal under this Act the Disciplinary Tribunal
20              must hear and determine the matter as expeditiously as is
                practicable.

     184.       Proceedings before the Disciplinary Tribunal
        (1)     Notice of any hearing before the Disciplinary Tribunal must be
                given in the manner prescribed by the rules --
25                (a) to the legal practitioner concerned;
                  (b) to any person concerned as a complainant; and
                  (c) in the case of an application to the Tribunal by the
                        Board, to the Board.
        (2)     The notice is to set out the time and place of the hearing and
30              short particulars of the matter to be heard.

     page 120
                                                          Legal Practice Bill 2002
                                       Complaints and discipline          Part 12
             Disciplinary proceedings before Disciplinary Tribunal     Division 5
                                                                            s. 185



       (3)   Subject to this Act and the rules, the Disciplinary Tribunal may
             determine its own procedure.
       (4)   The Disciplinary Tribunal is not bound by the rules of evidence
             but may inform itself in any manner it considers just.

5    185.    Powers of the Disciplinary Tribunal in relation to individual
             legal practitioner
       (1)   The Disciplinary Tribunal has jurisdiction to make a finding that
             a legal practitioner is guilty of unsatisfactory conduct.
       (2)   On making a finding in respect of a legal practitioner under
10           subsection (1) the Disciplinary Tribunal may --
               (a) make and transmit a report on the finding to the Full
                    Court; or
              (b)    deal with the legal practitioner as specified in
                     section 187.
15     (3)   If the Disciplinary Tribunal transmits a report in respect of a
             legal practitioner to the Full Court under subsection (2)(a), the
             Disciplinary Tribunal may, pending the determination of the
             Full Court --
               (a) suspend the legal practitioner from practice; or
20             (b) restrict the entitlement of the legal practitioner to
                     practise.
       (4)   Where appropriate, a report forwarded under subsection (2)(a)
             may include a record of the evidence taken at the hearing.

     186.    Disciplinary action against foreign lawyer
25     (1)   In determining whether a registered foreign lawyer is guilty of
             unsatisfactory conduct, the Disciplinary Tribunal may take into
             account whether the conduct of the registered foreign lawyer
             was consistent with the standards of professional conduct of the
             legal profession in the lawyer's foreign place of registration.




                                                                        page 121
     Legal Practice Bill 2002
     Part 12         Complaints and discipline
     Division 5      Disciplinary proceedings before Disciplinary Tribunal
     s. 187



        (2)     If the Disciplinary Tribunal finds that a registered foreign
                lawyer is guilty of unsatisfactory conduct it has, in addition to
                its powers under section 185, the power to make an order --
                   (a) imposing any conditions of a kind referred to in
5                       section 106 on the registered foreign lawyer;
                   (b) suspending the registered foreign lawyer from engaging
                        in the practice of foreign law for the period specified in
                        the order; or
                   (c) cancelling the registered foreign lawyer's registration.
10      (3)     A registered foreign lawyer who is suspended by the
                Disciplinary Tribunal is taken not to be registered under Part 8
                during the period of suspension.
        (4)     An order made under subsection (2)(c) may specify a period
                during which the registered foreign lawyer may not apply to be
15              registered again.

     187.       Orders of the Tribunal
        (1)     The Disciplinary Tribunal may, under section 185(2)(b), order
                any one or more of the following --
                  (a) the suspension of the legal practitioner from practice --
20                        (i) for a period, not exceeding 2 years, specified in
                               the order; or
                         (ii) until the Board is satisfied that any injury or
                               mental or physical illness, or any problem caused
                               or affected by drugs or alcohol, which the
25                             Tribunal has determined to have substantially
                               and adversely affected the professional
                               competence or reliability of the legal
                               practitioner, has been overcome;
                  (b) the imposition of conditions or restrictions on the right
30                     of the legal practitioner to practise for a period, not
                       exceeding 2 years, specified in the order;



     page 122
                                                  Legal Practice Bill 2002
                               Complaints and discipline          Part 12
     Disciplinary proceedings before Disciplinary Tribunal     Division 5
                                                                    s. 187



      (c)    that the legal practitioner take advice in relation to the
             management and conduct of the practice, whether from
             the Board or a person named and approved by the Board
             or the Law Society;
5     (d)    the payment by the legal practitioner to the Board of a
             fine not exceeding $25 000;
      (e)    the reprimand of the legal practitioner;
      (f)    the legal practitioner, or the firm or incorporated legal
             practice of which the legal practitioner is a partner,
10           employee or officer --
                (i) if the client agrees, to undertake further work for
                     the client at no cost or at an amount for costs and
                     charges to be determined by the Board;
               (ii) to pay, wholly or in part, for further work to be
15                   done for the client by another legal practitioner,
                     firm or incorporated legal practice;
              (iii) to reduce or refund the amount of any fees,
                     charges or disbursements payable or paid in
                     respect of work done for the client, to such an
20                   extent as is ordered by the Tribunal or as is to be
                     determined by the Board;
      (g)    where it appears to the Tribunal that a sum certain in
             money is owing or payable by the legal practitioner, the
             payment by the legal practitioner of that sum to the
25           Board for the benefit of the complainant or that person;
      (h)    if the conduct of the legal practitioner has directly
             caused a person to suffer pecuniary loss, the payment by
             the legal practitioner to the Board for the benefit of that
             person of compensation in accordance with
30           subsection (2);
       (i)   on application to the Tribunal being made for that
             purpose by the legal practitioner, the Complaints
             Committee or the complainant, a variation of any order,



                                                                page 123
     Legal Practice Bill 2002
     Part 12         Complaints and discipline
     Division 5      Disciplinary proceedings before Disciplinary Tribunal
     s. 188



                        or of the conditions applicable to any order, previously
                        imposed.
        (2)     Compensation for the purposes of subsection (1)(h) is to be --
                 (a) an amount assessed by the Tribunal, being not more than
5                    $25 000 or the amount prescribed by the regulations,
                     whichever is the greater; or
                 (b) if the parties to the proceedings before the Tribunal
                     agree, such greater amount as is agreed.
        (3)     The Tribunal must not make an order under subsection (1)(h) in
10              respect of compensation referred to in subsection (2) unless the
                person who suffered the pecuniary loss executes and lodges
                with the Tribunal a document in a form satisfactory to the
                Tribunal renouncing irrevocably any right to recover from the
                legal practitioner damages by way of civil proceedings for the
15              pecuniary loss in respect of which the order is to be made.
        (4)     If the Board is directed or authorised under subsection (1)(f) to
                make a determination, for the purposes of that determination the
                Board may --
                  (a) exercise its powers of inquiry under section 41(2); and
20                (b) in default may refer the matter back to the Disciplinary
                        Tribunal.

     188.       Other powers of Tribunal in relation to insolvent, incapable
                and unfit practitioners
        (1)     In this section a reference to clients of a legal practitioner
25              includes a reference to --
                  (a) potential clients of a legal practitioner; and
                  (b) in the case of a legal practitioner director of an
                         incorporated legal practice, clients and potential clients
                         of the incorporated legal practice.
30      (2)     If an application for a hearing and determination is made by the
                Board to the Disciplinary Tribunal under section 39(2) in
                respect of a legal practitioner who is an applicant for, or holder

     page 124
                                                        Legal Practice Bill 2002
                                     Complaints and discipline          Part 12
           Disciplinary proceedings before Disciplinary Tribunal     Division 5
                                                                          s. 188



           of, a practice certificate, the Disciplinary Tribunal has
           jurisdiction to make a finding that it would --
             (a) be in the public interest or in the interest of the clients of
                   the legal practitioner; or
5            (b) protect the integrity of the legal profession or the
                   administration of justice,
           if the application for the practice certificate were refused, the
           practice certificate were suspended or cancelled, or conditions
           were imposed on the practice certificate.
10   (3)   If an application for a hearing and determination is made by the
           Board to the Disciplinary Tribunal under section 39(3) in
           respect of an applicant for, or holder of, a practice certificate,
           the Disciplinary Tribunal has jurisdiction to make a finding
           that --
15           (a) the applicant or holder is an unfit or incapable
                   practitioner within the meaning of section 39; and
             (b) it would --
                      (i) be in the public interest or in the interest of the
                           legal practitioner's clients; or
20                   (ii) protect the integrity of the legal profession or the
                           administration of justice,
                   if the application for the practice certificate were
                   refused, the practice certificate were suspended or
                   cancelled, or conditions were imposed on the practice
25                 certificate.
     (4)   If an application has been made under section 39(2) or 39(3) in
           respect of a legal practitioner, the Disciplinary Tribunal may
           make an interim order suspending the practice certificate of the
           legal practitioner pending the hearing and determination of the
30         application by the Disciplinary Tribunal.
     (5)   Before acting under subsection (3) the Disciplinary Tribunal
           may require the applicant or holder to be medically examined
           by a medical practitioner nominated by the Tribunal.

                                                                      page 125
     Legal Practice Bill 2002
     Part 12         Complaints and discipline
     Division 5      Disciplinary proceedings before Disciplinary Tribunal
     s. 189



        (6)     A refusal or failure by a person to comply with a requirement
                for medical examination under subsection (5) may be accepted
                by the Disciplinary Tribunal as adverse evidence of the person's
                ability to practise.
5       (7)     In making a finding under subsection (3) in respect of a person's
                ability to practise the Disciplinary Tribunal is to take account
                of --
                  (a) the person's past training, qualifications and experience
                         relevant to such practice;
10                (b) if the person is already practising, the person's
                         performance in such practice; and
                  (c) all other relevant factors that it is reasonable to take into
                         account.
        (8)     The Disciplinary Tribunal may deal with an application under
15              this section notwithstanding that the Complaints Committee or
                the Disciplinary Tribunal is already dealing with a complaint or
                referral including elements of the first-mentioned referral.
        (9)     On making a finding under subsection (2) or (3) the
                Disciplinary Tribunal may, by order --
20               (a) refuse the application for the practice certificate;
                 (b) suspend the practice certificate;
                 (c) cancel the practice certificate; or
                 (d) order the Board to issue the practice certificate subject
                        to conditions specified by the Tribunal.

25   189.       Powers of Tribunal in relation to legal practitioner director
                where practice has not complied with insurance obligations
        (1)     If an application for a hearing and determination is made by the
                Board to the Disciplinary Tribunal under section 60(3), the
                Disciplinary Tribunal has jurisdiction to make a finding that an
30              incorporated legal practice has not complied with its obligation
                under section 60(1).


     page 126
                                                          Legal Practice Bill 2002
                                       Complaints and discipline          Part 12
             Disciplinary proceedings before Disciplinary Tribunal     Division 5
                                                                            s. 190



       (2)   On making a finding under subsection (1) the Disciplinary
             Tribunal may order the suspension of a legal practitioner
             director of the incorporated legal practice from practice.

     190.    Finding where legal practitioner convicted of an offence
5      (1)   Without limiting its jurisdiction under section 185, the
             Disciplinary Tribunal may make a finding that a legal
             practitioner is guilty of unsatisfactory conduct on it being shown
             that --
               (a) the legal practitioner has been convicted of an offence
10                   by or before a court exercising jurisdiction in any place,
                     whether in Australia or elsewhere; and
               (b) the conviction occurred within the period of 10 years
                     before the commencement of the proceedings under this
                     Act in which that finding may be made.
15     (2)   In any matter to which subsection (1) relates the Disciplinary
             Tribunal --
               (a) is not required to inquire as to the propriety of the
                    conviction; and
               (b) may inform itself as to the circumstances giving rise to
20                  the conviction from the transcripts or other records of --
                       (i) the court which convicted the legal practitioner;
                            or
                      (ii) any court which dealt with the conviction on
                            appeal,
25                  and may make such inquiries or requests as are
                    necessary to obtain those transcripts or records.
       (3)   Where an appeal against the conviction of the legal practitioner
             is pending the Disciplinary Tribunal may --
                (a) defer further consideration of the consequences of the
30                   finding that the legal practitioner has been guilty of
                     unsatisfactory conduct; and



                                                                        page 127
     Legal Practice Bill 2002
     Part 12         Complaints and discipline
     Division 5      Disciplinary proceedings before Disciplinary Tribunal
     s. 191



                 (b)   suspend the legal practitioner from practice, or restrict
                       the entitlement of the legal practitioner to practise,
                until the determination of the appeal.
        (4)     Where in any proceedings to which subsection (1) relates a
5               finding (the "adverse finding") is made founded upon a
                conviction that is subsequently quashed, set aside or changed --
                  (a) the Disciplinary Tribunal must reconsider the adverse
                        finding and --
                           (i) if the conviction was changed, may change the
10                             nature of the adverse finding; and
                          (ii) if the conviction was quashed or set aside, must
                               quash or set aside the adverse finding and any
                               order made consequential on that finding;
                        and
15                (b) where the adverse finding was reported to the Full Court
                        under section 185(2)(a), the Disciplinary Tribunal must
                        make and transmit a further report to the Full Court.
        (5)     On receiving a report under subsection (4)(b) the Full Court --
                 (a) must reconsider the matter to which those reports relate;
20               (b) may vary, quash or set aside any order previously made;
                       and
                 (c) may substitute another order.
        (6)     Despite subsection (5), the Disciplinary Tribunal may resume
                the hearing of any reference relating to the matter.

25   191.       Costs and expenses
        (1)     The Disciplinary Tribunal may order that a legal practitioner
                who is a party to proceedings before the Tribunal pay all or part
                of --
                  (a) the costs of the party referring the matter or applying to
30                     the Tribunal, in respect of proceedings before the
                       Tribunal; and

     page 128
                                                          Legal Practice Bill 2002
                                       Complaints and discipline          Part 12
             Disciplinary proceedings before Disciplinary Tribunal     Division 5
                                                                            s. 192



              (b)    the costs of either or both the complainant or the
                     Complaints Committee, in respect of the inquiry before
                     the Complaints Committee.
       (2)   The Disciplinary Tribunal may make an order under
5            subsection (1) even though a finding is not made against the
             legal practitioner where it appears to the Tribunal that the
             conduct of the legal practitioner concerned has been such as to
             give reasonable cause for the reference or application to the
             Tribunal.
10     (3)   If a reference is made to the Disciplinary Tribunal by a
             complainant under section 181 the Tribunal may order the
             complainant to pay all or part of the costs of that legal
             practitioner in respect of the proceedings before the Tribunal if
             no finding is made against the legal practitioner.
15     (4)   When making an order under subsection (1) or (3), the
             Disciplinary Tribunal may --
              (a) fix the amount of the costs to be paid; or
              (b) order that any costs payable under this Part be taxed by
                     the taxing officer of the Supreme Court, for which costs
20                   the taxing officer must give a certificate.
       (5)   The costs may be recovered as though the order of the Tribunal
             or the certificate were a judgment of the Supreme Court for the
             payment of the sum specified in the order or certificate.

     192.    Enforcement of orders
25           An order made by the Disciplinary Tribunal may be enforced in
             the same manner as an order of the Supreme Court made under
             this Act may be enforced.

     193.    Contempt of Tribunal
       (1)   If a person acts, or fails to act, in a way which would constitute
30           contempt if a hearing being conducted by the Tribunal were



                                                                        page 129
     Legal Practice Bill 2002
     Part 12         Complaints and discipline
     Division 6      Practice and procedure of disciplinary bodies generally
     s. 194



                civil proceedings in the Supreme Court, the Tribunal may report
                the act, or the failure to act, to the Supreme Court.
        (2)     The Supreme Court may, upon motion and upon reading that
                report, deal with the person in any manner that would be
5               appropriate had the person been in contempt of the Supreme
                Court.

     194.       Court to punish
        (1)     If the Disciplinary Tribunal under section 185(2)(a) or 190(4)(b)
                makes and transmits a report in respect of a legal practitioner to
10              the Full Court, the report is to be taken, subject to
                section 202(2), to be conclusive as to all facts and findings
                mentioned or contained in the report.
        (2)     The Full Court may, upon motion and upon reading the report,
                and without any further evidence, fine, suspend from practice,
15              or strike off the Roll of Practitioners the legal practitioner or
                make any order which the Disciplinary Tribunal might make
                under section 185(2)(b).
        (3)     The Full Court may make such order as to the payment of costs
                by the legal practitioner as the Court thinks fit.

20            Division 6 -- Practice and procedure of disciplinary
                               bodies generally
     195.       Summons
        (1)     Every summons issued under this Part has the same effect as a
                subpoena ad test or duces tecum, as the case may be, issued by
25              the Supreme Court for the attendance of a witness for
                examination or production of documents in a civil action.
        (2)     Obedience to, or non-observance of, a summons issued under
                this Part may be enforced and punished by a Judge in Chambers
                in the same manner as in the case of obedience to, or
30              non-observance of, a subpoena issued by the Supreme Court.



     page 130
                                                            Legal Practice Bill 2002
                                          Complaints and discipline         Part 12
             Practice and procedure of disciplinary bodies generally     Division 6
                                                                              s. 196



     196.     Representation
       (1)    Before --
                (a)   the Complaints Committee --
                         (i) a complainant;
5                       (ii) a person making a complaint on the authority of
                             or on behalf of the complainant; or
                       (iii) any legal practitioner;
                      or
                (b)   the Disciplinary Tribunal, any party to the proceedings,
10            may be represented by a legal practitioner or, subject to the
              approval of the relevant chairperson, a representative who is not
              a legal practitioner.
       (2)    A representative who is not a legal practitioner is not entitled to
              charge for that service but may be reimbursed for out of pocket
15            expenses.

     197.     Hearings generally not to be public
       (1)    Subject to this section, an inquiry or hearing under this Part
              must not be held in public.
       (2)    The Complaints Committee, or the Disciplinary Tribunal, in a
20            particular case may determine --
                (a) that the whole or part of proceedings before it under this
                      Part are to be conducted in public; or
                (b) who, other than persons or their representative
                      authorised under this Act, may be present before it at
25                    any stage of the proceedings.
       (3)    If the Complaints Committee or the Disciplinary Tribunal is
              satisfied that it is appropriate to do so, the Complaints
              Committee or Disciplinary Tribunal may order that --
                (a) any evidence given before it;



                                                                          page 131
     Legal Practice Bill 2002
     Part 12         Complaints and discipline
     Division 6      Practice and procedure of disciplinary bodies generally
     s. 198



                 (b)   any information, or any record or the contents of any
                       record, produced or referred to before it; or
                 (c)   any information that might enable a person who has
                       appeared before it to be identified,
5               must not be published by any means, or must not be published
                in such manner and to such persons as the order specifies, or
                otherwise disclosed or made available to any person or any
                specified person or class of persons.
        (4)     A person who contravenes an order made under this section
10              may be dealt with as though for a contempt of the Supreme
                Court.
        (5)     If the Disciplinary Tribunal makes an adverse finding or order
                against a person, unless it is of the opinion that the
                circumstances are of such a minor nature as to not warrant
15              publication, the Tribunal must cause to be published --
                  (a) the name of the person;
                  (b) the nature of the finding or order;
                  (c) the penalty, if any, imposed; and
                  (d) a summary of its reasons for its finding.
20      (6)     The summary referred to in subsection (5)(d) is to include such
                details of the evidence as the Tribunal considers helpful in
                understanding the nature of the case, but the Tribunal may
                withhold such details as it considers --
                  (a) in the interests of the complainant should be withheld;
25                      or
                  (b) would prejudice the interests of any person other than
                        the person against whom the finding or order is made.

     198.       Powers of disciplinary bodies
        (1)     For the purposes of this Part, the Complaints Committee, the
30              Law Complaints Officer exercising the power of that



     page 132
                                                    Legal Practice Bill 2002
                                  Complaints and discipline         Part 12
     Practice and procedure of disciplinary bodies generally     Division 6
                                                                      s. 198



      Committee, the Disciplinary Tribunal or a member of the
      Tribunal may --
       (a) take evidence on oath or affirmation;
       (b) summon any person to appear, or to give evidence, or to
5            produce records or any other thing;
       (c) by notice require any legal practitioner, firm of legal
             practitioners, multi-disciplinary partnership or
             incorporated legal practice to provide written
             information, by a date specified in the notice, and to
10           verify the information by statutory declaration;
       (d) by notice require any legal practitioner, firm of legal
             practitioners, multi-disciplinary partnership or
             incorporated legal practice to produce a record referred
             to in the notice, by a date specified in the notice;
15     (e) by notice require any legal practitioner, firm of legal
             practitioners, multi-disciplinary partnership or
             incorporated legal practice to allow any member of the
             Disciplinary Tribunal or the Complaints Committee, the
             Law Complaints Officer or a person nominated in the
20           notice --
                (i) to examine the conduct of any legal practice, or
                     to inspect any record or other thing, specified,
                     either particularly or by appropriate general
                     description, in that notice; and
25             (ii) for that purpose, to enter any premises where
                     there is reasonable cause to believe that the
                     practice is conducted or the record or other thing
                     may be kept;
        (f) examine the records, including any files, accounts
30           (including the personal accounts of any legal
             practitioner or other person concerned in or sharing in
             the receipts of that practice), and audit records and
             reports, relating to the legal practice;



                                                                  page 133
     Legal Practice Bill 2002
     Part 12         Complaints and discipline
     Division 6      Practice and procedure of disciplinary bodies generally
     s. 198



                 (g)    confer with, and make inquiry of, any existing or former
                        client, accountant or auditor of a legal practice;
                 (h)    in the case of a record kept otherwise than in a readily
                        legible form, require a person to produce the record in a
5                       legible form or to provide an explanation of the record;
                  (i)   make copies of, or take extracts from, any record;
                  (j)   take possession of and retain any record or other thing
                        for such reasonable period as may be necessary for the
                        purposes of this Act; and
10               (k)    if any record or other thing required to be inspected
                        under this section is not produced or delivered, require
                        the person to whom that requirement was made known
                        to state, to the best of the knowledge and belief of that
                        person, where it is.
15      (2)     For the purposes of subsection (1)(a) a member of the
                Complaints Committee or Disciplinary Tribunal, or the Law
                Complaints Officer may administer an oath or affirmation.
        (3)     A person or body must endeavour to ensure that, so far as is
                practicable, the confidentiality of any record, and of any other
20              thing, is not prejudiced by the exercise by it of a power under
                subsection (1).
        (4)     A legal practitioner, firm of practitioners, multi-disciplinary
                partnership or incorporated legal practice is not excused from
                complying with a notice under subsection (1)(c) or (d) on the
25              ground that providing the information or producing the
                document may tend to incriminate the practitioner, firm or
                practice or render the person, firm or practice liable to a penalty.
        (5)     Information or a document provided or produced in compliance
                with a notice under subsection (1)(c) or (d) is not admissible in
30              evidence in any proceedings against the person for an offence
                except --
                  (a) an offence against this Act;



     page 134
                                                            Legal Practice Bill 2002
                                          Complaints and discipline         Part 12
             Practice and procedure of disciplinary bodies generally     Division 6
                                                                              s. 199



                (b)   any other offence in relation to keeping of trust accounts
                      or the receipt of trust money; or
                (c)   perjury.
       (6)    If a person, without lawful excuse, proof of which lies on that
5             person --
                (a) refuses or fails to do a thing required of the person under
                       subsection (1); or
                (b) hinders or obstructs a person exercising a power under
                       subsection (1),
10            that person commits an offence.
              Penalty: $5 000.

     199.     Possession of records and other things
       (1)    The Law Complaints Officer, or a person nominated by the
              chairperson of the Disciplinary Tribunal for that purpose, may
15            on behalf of the Committee or Tribunal take possession of, and
              retain or secure the retention of, any record or other thing
              required to be produced or delivered under this Part.
       (2)    On possession of any record or other thing being taken under
              this Part, the Law Complaints Officer must cause notice of the
20            taking to be given to the person from whom it was received.
       (3)    Where any person from whom production of any record or other
              thing is required under this Part claims a lien upon it, the
              production of it is without prejudice to the lien.

     200.     Evidentiary material
25            In the course of any proceedings under this Part any evidence
              given by affidavit or statutory declaration may be received and
              admitted.




                                                                          page 135
     Legal Practice Bill 2002
     Part 12         Complaints and discipline
     Division 7      Miscellaneous
     s. 201



     201.       Claims of privilege
        (1)     If, in any inquiry or proceedings under this Part, a person
                properly claims privilege in respect of any information --
                   (a) the Complaints Committee or Disciplinary Tribunal may
5                        require that person to disclose the information; and
                  (b) if the information is then disclosed, no question or
                         answer relating to that information may be used in any
                         other proceedings or be reported.
        (2)     A legal practitioner, firm of practitioners, multi-disciplinary
10              partnership or incorporated legal practice is not excused from
                complying with a notice under section 198(1)(c) or (d) on the
                ground of legal professional privilege or any other duty of
                confidence.
        (3)     Compliance with a notice under section 198(1)(c) or (d) does
15              not operate as a waiver of legal professional privilege.
                            Division 7 -- Miscellaneous
     202.       Appeals
        (1)     An appeal lies to the Supreme Court against a finding or order
                made by the Complaints Committee under section 177.
20      (2)     An appeal lies to the Full Court against any finding or order
                made by the Disciplinary Tribunal under this Part.

     203.       Effect of striking off or suspension
        (1)     A legal practitioner struck off the Roll of Practitioners or
                suspended from practice is not entitled --
25                (a) to engage in legal practice until the legal practitioner has
                        been re-admitted or the period of suspension has
                        elapsed,
                as the case requires;
                  (b) without limiting paragraph (a) to represent any person in
30                      a statutory tribunal or a court.


     page 136
                                                        Legal Practice Bill 2002
                                       Complaints and discipline        Part 12
                                                 Miscellaneous       Division 7
                                                                          s. 204



       (2)   A legal practitioner struck off the Roll of Practitioners or
             suspended from practice must not hold or obtain the office of
             executor or trustee of any will or trust without the leave of the
             Supreme Court.
5      (3)   Nothing in subsection (2) --
              (a) operates in respect of a person holding the office of
                    executor pursuant to probate granted by the Court before
                    the coming into operation of section 203 of the Legal
                    Practice Act 2002; or
10            (b) affects or invalidates any act by a person purporting to
                    act as the holder of an office of executor or trustee when
                    prohibited from so acting under subsection (2).

     204.    Legal practitioners struck off or suspended in other
             jurisdictions
15     (1)   In this section --
             "outside this State" includes outside Australia;
             "regulatory authority" means a body, in a jurisdiction outside
                  this State, which regulates in that jurisdiction the
                  professional conduct of persons in respect of functions
20                similar in kind to the functions of a legal practitioner.
       (2)   A reference in subsection (3) to "striking off the roll" or
             "suspension from practice", in relation to a jurisdiction outside
             this State, includes a reference to any consequence of --
               (a) judicial proceedings; or
25             (b) proceedings before a regulatory authority outside this
                     State,
             which, however it may be described in that jurisdiction, is
             substantially similar in effect to striking off or suspension.




                                                                        page 137
     Legal Practice Bill 2002
     Part 12         Complaints and discipline
     Division 7      Miscellaneous
     s. 204



        (3)     A legal practitioner admitted to practice in this State who was,
                in any other jurisdiction, struck off the roll or suspended from
                practice --
                  (a) is not while so struck off or suspended entitled to engage
5                       in legal practice in this State, whether or not as an
                        employee, unless the Board has consented to his or her
                        doing so; and
                  (b) is liable upon the report of the Disciplinary Tribunal to
                        the Full Court to be struck off the Roll of Practitioners,
10                      or suspended from practice, as the case may require.
        (4)     The Board may exercise its powers of inquiry under
                section 41(2) for the purposes of determining whether to give its
                consent under subsection (3)(a) and may give that consent
                subject to conditions.
15      (5)     The Complaints Committee may inquire of a court or regulatory
                authority outside the State as to --
                  (a) whether any determination, conviction or finding was
                        made; and
                  (b) the circumstances giving rise to, and the consequences
20                      of, any determination, conviction, or finding that was
                        made,
                in respect of a person referred to in subsection (3).
        (6)     The Complaints Committee may refer any matter to which this
                section relates to the Disciplinary Tribunal, which has
25              jurisdiction to make a finding, and power to make and transmit
                to the Full Court a report, with respect to the matter.
        (7)     For the purposes of subsection (6) the provisions of this Part
                apply as though being struck off the roll or suspended from
                practice in another jurisdiction constituted unsatisfactory
30              conduct.
        (8)     Nothing in this section affects the operation of section 98.



     page 138
                                                      Legal Practice Bill 2002
                                     Complaints and discipline        Part 12
                                               Miscellaneous       Division 7
                                                                        s. 205



     205.   Protection of persons
            A person who, in relation to any investigation, inquiry or
            hearing under this Part --
              (a) performs any function under this Part; or
5             (b) is otherwise concerned in proceedings under this Part,
            has, in respect of any such function or concern, the same
            protection and immunity as a member or an officer of the
            Supreme Court, or a witness or a party before the Supreme
            Court, would have in respect of a function or concern of a like
10          nature related to the jurisdiction of the Supreme Court.




                                                                    page 139
     Legal Practice Bill 2002
     Part 13         Costs
     Division 1      The Legal Costs Committee and determination of
                     remuneration
     s. 206


                                 Part 13 -- Costs
       Division 1 -- The Legal Costs Committee and determination
                           of remuneration
     206.       Interpretation
5               In this Division --
                "chairperson" means the chairperson of the Legal Costs
                    Committee;
                "contentious business" means business carried out as a legal
                    practitioner in or for the purposes of any action, suit or
10                  proceedings before a court, but does not include the
                    administration of estates and trusts;
                "costs" includes fees, charges and disbursements;
                "court" includes an arbitrator, tribunal or person having power
                    to require the production of documents or the answering of
15                  questions;
                "member" means a member of the Legal Costs Committee and
                    includes the chairperson and a deputy member;
                "non-contentious business" means any business carried out in
                    the capacity of a legal practitioner which is not contentious
20                  business.

     207.       Legal Costs Committee established
        (1)     A committee called the Legal Costs Committee is established.
        (2)     The Legal Costs Committee is to consist of the following
                members --
25               (a) a chairperson who is to be --
                         (i) a Judge of the Supreme Court or the District
                             Court; or
                        (ii) a legal practitioner of not less than 8 years'
                             standing;


     page 140
                                                      Legal Practice Bill 2002
                                                        Costs         Part 13
                The Legal Costs Committee and determination of     Division 1
                                                 remuneration
                                                                        s. 208


              (b)   2 legal practitioners in private practice nominated under
                    section 208; and
              (c)   3 persons who are not legal practitioners, at least one of
                    whom is to be an accountant in private practice who is
5                   an associate or fellow of the Institute of Chartered
                    Accountants or the Australian Society of Accountants.
       (3)   The members are to be appointed by the Governor.

     208.    Nominations
       (1)   If a nomination for appointment under section 207(2)(b) or
10           Schedule 4 Division 1 clause 3 is required to be made, the
             Attorney General must, by written notice --
               (a) request the Law Society to submit to the Attorney
                     General a list containing the names of not fewer than
                     twice the number of practitioners in private practice to
15                   be appointed; and
               (b) specify a time (being not less than 28 days after receipt
                     of the notice) within which the list must be submitted.
       (2)   If the Law Society has been requested by notice under
             subsection (1) to submit a list, the Attorney General --
20             (a) must, if the list is submitted within the time specified in
                     the notice, nominate for appointment one or more, as the
                     case requires, of the practitioners whose names appear
                     on the list; and
               (b) may, if the panel is not submitted within the time
25                   specified in the notice, nominate for appointment a
                     practitioner or practitioners as the Attorney General
                     thinks fit.

     209.    Constitution and procedure
       (1)   Schedule 4 Division 1 has effect with respect to the constitution
30           of the Legal Costs Committee.



                                                                      page 141
     Legal Practice Bill 2002
     Part 13         Costs
     Division 1      The Legal Costs Committee and determination of
                     remuneration
     s. 210


        (2)     Schedule 4 Division 2 has effect with respect to the procedure
                of the Legal Costs Committee.

     210.       Legal costs determinations
        (1)     In this section --
5               "remuneration" includes the reimbursement of expenses
                     properly incurred in the course of, or in connection with,
                     business carried out by a legal practitioner for a client,
                     whether incurred --
                     (a) by the practitioner on behalf of the client; or
10                   (b) by the client.
        (2)     The Legal Costs Committee may make legal costs
                determinations regulating the remuneration of legal practitioners
                in respect of --
                  (a) non-contentious business carried out by practitioners;
15                (b) contentious business carried out by practitioners in or
                        for the purposes of proceedings before --
                           (i) the Supreme Court;
                          (ii) the District Court;
                         (iii) a Local Court;
20                       (iv) a court of petty sessions;
                         (v)   a review officer or compensation magistrate's
                               court within the meaning of the Workers'
                               Compensation and Rehabilitation Act 1981;
                        (vi)   any other court declared by the Attorney General
25                             under subsection (5) to be a court to which this
                               section applies.
        (3)     If --
                  (a)   another written law refers to a determination under this
                        section or a legal costs determination within the
30                      meaning of this Act; and



     page 142
                                                      Legal Practice Bill 2002
                                                        Costs         Part 13
                The Legal Costs Committee and determination of     Division 1
                                                 remuneration
                                                                        s. 211


              (b)    the determination is for purposes of the written law that
                     are, or include, purposes other than the purposes of
                     subsection (2) (the "other purposes"),
             the Legal Costs Committee may make a determination for the
5            other purposes.
       (4)   A legal costs determination may be amended or revoked by a
             subsequent determination.
       (5)   For the purposes of subsection (2)(b)(vi), the Attorney General
             may, by order published in the Gazette, declare any court to be a
10           court in respect of which the Legal Costs Committee may make
             a legal costs determination under this section and may, by
             subsequent order so published, vary or revoke that order.
       (6)   A provision of a legal costs determination may authorise any
             matter or thing to be determined, applied or regulated by a
15           specified person or body.

     211.    Review of determinations
       (1)   The Legal Costs Committee must review each legal costs
             determination in force at least once in the period of 2 years after
             it was made and in each period of 2 years after that period.
20     (2)   The Attorney General may at any time direct the Legal Costs
             Committee to review a legal costs determination in force and
             the Legal Costs Committee must carry out that review as soon
             as practicable after being so directed.

     212.    Inquiries by the Legal Costs Committee
25     (1)   Before making or reviewing a legal costs determination the
             Legal Costs Committee must --
              (a) give public notice under section 213 of its intention to
                    make or review the determination;
              (b) if the determination is to be made or reviewed in respect
30                  of proceedings before a court, consult with that court;
                    and

                                                                       page 143
     Legal Practice Bill 2002
     Part 13         Costs
     Division 1      The Legal Costs Committee and determination of
                     remuneration
     s. 213


                 (c)   make such other inquiries as it considers necessary to
                       facilitate the making or review of the determination.
        (2)     Subject to subsection (1) the Legal Costs Committee --
                 (a) may inform itself as it thinks fit;
5                (b) must take into consideration submissions received by it
                       in relation to the remuneration of legal practitioners,
                       whether or not those submissions were received in
                       response to a notice under section 213;
                 (c) is not required to conduct any proceedings in a formal
10                     manner; and
                 (d) is not bound by the rules of evidence.

     213.       Notice and submissions in respect of determination
        (1)     The Legal Costs Committee must --
                 (a) give written notice of its intention to make or review a
15                    legal costs determination to the Law Society; and
                 (b) publish notice of its intention in 2 issues of a daily
                      newspaper circulating throughout this State.
        (2)     A notice under subsection (1) must --
                 (a) state that submissions on the intended legal costs
20                     determination or review may be made to the Legal Costs
                       Committee;
                 (b) specify the manner in which the submissions may be
                       made; and
                 (c) specify the period within which the submission may be
25                     made (being a period of not less than 30 days after the
                       day on which the notice is last published under
                       subsection (1)(b)).




     page 144
                                                      Legal Practice Bill 2002
                                                        Costs         Part 13
                The Legal Costs Committee and determination of     Division 1
                                                 remuneration
                                                                        s. 214


     214.    Report and publication of legal costs determinations
       (1)   As soon as practicable after making a legal costs determination
             the Legal Costs Committee must report to the Attorney
             General --
5              (a) the determination; and
               (b) the reasons for its decisions in respect of the
                    determination.
       (2)   The report is to be published in the Gazette as soon as
             practicable after it is received by the Attorney General.
10     (3)   A legal costs determination takes effect on and from --
              (a) the day on which the report of the determination is
                     published under subsection (2); or
              (b) if a later day is specified in the report, the later day.
       (4)   Judicial notice is to be taken of --
15             (a) a legal costs determination made under section 210 and
                     published in a report in the Gazette; and
               (b) the day of publication of the report.

     215.    Effect of determination
       (1)   Subject to sections 221 and 241 of this Act and section 14 of the
20           Legal Aid Commission Act 1976 --
               (a) the taxation of bills of costs of legal practitioners, as
                    between legal practitioner and client or party and party;
                    and
              (b) any other aspect of the remuneration of legal
25                  practitioners the subject of a determination,
             is regulated by a legal costs determination in force under
             section 210.
       (2)   Despite subsection (1), if a court or judicial officer is of the
             opinion that the amount of costs allowable in respect of a matter
30           under a legal costs determination is inadequate because of the

                                                                         page 145
     Legal Practice Bill 2002
     Part 13         Costs
     Division 1      The Legal Costs Committee and determination of
                     remuneration
     s. 216


                unusual difficulty, complexity or importance of the matter, the
                court or officer may do all or any of the following --
                  (a) order the payment of costs above those fixed by the
                        determination;
5                 (b) fix higher limits of costs than those fixed in the
                        determination;
                  (c) remove limits on costs fixed in the determination;
                  (d) make any order or give any direction for the purposes of
                        enabling costs above those in the determination to be
10                      ordered or taxed.
        (3)     Nothing in subsection (1) is to be construed as limiting the
                power of a court, a judicial officer or a taxing officer of a court
                to determine in any particular case before that court or judicial
                officer the amount of costs allowed.
15      (4)     If a legal costs determination is in force under section 210 in
                respect of any business referred to in section 210(2), any other
                subsidiary legislation fixing or purporting to regulate the
                remuneration of legal practitioners in respect of that kind of
                business is of no force or effect.

20   216.       Reports
                The Legal Costs Committee may investigate and report and
                make recommendations to the Attorney General on any matter
                relating to --
                  (a) bills of costs generally and, in particular, the desirability
25                      of the use of scales in the calculation and fixing of bills
                        of costs;
                  (b) the basis on which costs are or should be calculated and
                        fixed; and
                  (c) any other aspect of the remuneration of legal
30                      practitioners.




     page 146
                                                      Legal Practice Bill 2002
                                                        Costs         Part 13
                The Legal Costs Committee and determination of     Division 1
                                                 remuneration
                                                                        s. 217


     217.    Use of staff and facilities of departments
       (1)   The Legal Costs Committee may by arrangement with the
             relevant employer make use of the services of any officer or
             employee --
5              (a) in the department of the Public Service principally
                     assisting the Attorney General in the administration of
                     this Act; or
               (b) in an agency or instrumentality established or
                     constituted under any written law administered by the
10                   Attorney General.
       (2)   The Legal Costs Committee may by arrangement with --
              (a)    the department referred to in subsection (1); or
              (b)    any agency or instrumentality referred to in that
                     subsection,
15           make use of any facilities of the department, agency or
             instrumentality.
       (3)   The Legal Costs Committee must not enter into an arrangement
             under subsection (1) or (2) without the prior approval of the
             Attorney General.
20     (4)   An arrangement under subsection (1) or (2) is to be made on
             such terms as are agreed to by the parties.

     218.    Funds
       (1)   The funds available for the purpose of enabling the Legal Costs
             Committee to perform its functions consist of --
25            (a) moneys from time to time appropriated by Parliament;
              (b) other moneys lawfully made available to the Legal Costs
                    Committee.




                                                                         page 147
     Legal Practice Bill 2002
     Part 13         Costs
     Division 2      Entitlement to remuneration
     s. 219



        (2)     The funds referred to in subsection (1) are to be credited to an
                account called the "Legal Costs Committee Account" --
                  (a) forming part of the Trust Fund constituted under section
                       9 of the Financial Administration and Audit Act 1985;
5                      or
                  (b) with the approval of the Treasurer, at a bank.
        (3)     The Account is to be charged with --
                 (a) the remuneration and allowances payable under
                      Schedule 4 Division 1 clause 6; and
10               (b) all other expenditure lawfully incurred by the Legal
                      Costs Committee in the performance of its functions.

     219.       Application of Financial Administration and Audit Act 1985
                The provisions of the Financial Administration and Audit
                Act 1985 regulating the financial administration, audit and
15              reporting of statutory authorities apply to and in respect of the
                Legal Costs Committee and its operations.

                   Division 2 -- Entitlement to remuneration
     220.       Interpretation
                In this Division --
20              "legal practitioner" includes an incorporated legal practice in
                     connection with legal services provided by the practice.

     221.       Costs agreement
        (1)     A legal practitioner may make a written agreement (a "costs
                agreement") with any client of the legal practitioner in respect
25              of the amount and manner of payment for the whole or any part
                or parts of any past or future services, fees, charges or
                disbursements in respect of business done or to be done by the
                legal practitioner, either by a gross sum or otherwise.




     page 148
                                                        Legal Practice Bill 2002
                                                          Costs         Part 13
                                     Entitlement to remuneration     Division 2
                                                                          s. 222



       (2)   A costs agreement excludes any future claim of the legal
             practitioner in respect of any services, fees, charges or
             disbursements in relation to the conduct and completion of the
             business in reference to which the costs agreement is made,
5            except services, fees, charges or disbursements excepted by the
             costs agreement.
       (3)   A client who enters into a costs agreement is not entitled to
             recover from any other person, under any order, judgment, or
             agreement for the payment of costs, any costs which are the
10           subject of that agreement beyond the amount payable by the
             client to the legal practitioner under that agreement.
       (4)   A costs agreement must not exempt a legal practitioner from
             liability for negligence.
       (5)   Nothing in this section affects the operation of sections 230,
15           231, 232 or 234.

     222.    Review of costs agreement
       (1)   A costs agreement may be reviewed by the Supreme Court upon
             application by summons or on a reference under section 235(2).
       (2)   If, in the opinion of the Supreme Court, the costs agreement is
20           unreasonable --
                (a) the Supreme Court may reduce the amount payable or
                      cancel the costs agreement; and
               (b) the costs may be taxed in the ordinary way.
       (3)   The Supreme Court may make such order as to the costs of and
25           relating to the review, and the proceedings on the review, as the
             Court thinks fit.

     223.    Saving in certain cases
             Nothing in section 221 prejudices or affects --
              (a) a legal practitioner employed by this State in a salaried
30                  capacity; or


                                                                      page 149
     Legal Practice Bill 2002
     Part 13         Costs
     Division 2      Entitlement to remuneration
     s. 224



                 (b)   a legal practitioner acting for a person or corporation in
                       a salaried capacity.

     224.       Avoidance of costs agreement in certain cases
        (1)     Subject to subsection (4), a costs agreement ceases to be of
5               effect and is void if, after the costs agreement is made and
                before it is fully performed --
                  (a) the legal practitioner with whom the costs agreement is
                        made --
                           (i) dies;
10                        (ii) becomes incapable to act (unless the incapacity
                                 is caused by the legal practitioner being struck
                                 off the Roll of Practitioners or suspended from
                                 practice); or
                         (iii) ceases to practise in this State;
15                      or
                  (b) the client with whom the costs agreement is made dies
                        or changes legal practitioner.
        (2)     If a costs agreement ceases to be of effect and is void under
                subsection (1) --
20                (a) the relevant legal practitioner is entitled to charge the
                        client, or a person who is authorised to administer the
                        estate of any such client who is deceased or insolvent,
                        for all services, fees, charges, or disbursements
                        performed, paid or incurred; and
25                (b) the costs to which the cost agreement related may be
                        taxed and must be dealt with as if the costs agreement
                        had never been made.
        (3)     In subsection (2)(a) --
                "relevant legal practitioner" means --
30                   (a) the legal practitioner with whom the cost agreement
                           was made;


     page 150
                                                             Legal Practice Bill 2002
                                                               Costs         Part 13
                                          Entitlement to remuneration     Division 2
                                                                               s. 225



                     (b)      a person who is authorised to administer the estate of
                              any such legal practitioner who is deceased or
                              insolvent; or
                     (c)      an assignee of that legal practitioner.
5      (4)   If --
               (a)         a costs agreement provides for payment after the
                           completion, or partial completion, of any of the services
                           to which the costs agreement relates; and
              (b)          any payment becomes due under that agreement prior to
10                         the time at which that agreement, but for this subsection,
                           would have become void under subsection (1),
             then, insofar as the services to which the costs agreement relates
             have been performed and payment has become due in
             accordance with the agreement, the costs agreement may be
15           enforced.

     225.    Security for costs
             A legal practitioner may take security from a client or any other
             person for future services, fees, charges, or disbursements.

     226.    Costs where legal practitioner employed by this State in a
20           salaried capacity
             In all actions, causes, suits or matters of whatever kind in which
             a legal practitioner employed by this State in a salaried capacity
             acts, performs any work or renders any services in an official
             capacity for --
25             (a) this State, the Commonwealth, or any other State;
               (b) an agent of this State;
               (c) a body, whether corporate or not, established under any
                      Act, the whole or main portion of the revenue of which
                      body is provided, under an Act, from the Consolidated
30                    Fund or money appropriated by Parliament at the time



                                                                            page 151
     Legal Practice Bill 2002
     Part 13         Costs
     Division 2      Entitlement to remuneration
     s. 227



                        when the work is or the services are done, rendered or
                        commenced; or
                 (d)    a party who is or may be indemnified, or entitled to be
                        indemnified, by this State, or by an agent of this State,
5                       or by a body referred to in paragraph (c),
                the party for whom the legal practitioner so acts is entitled to,
                and may, recover counsel fees, costs, charges, disbursements
                and other remuneration in respect of any work performed or
                services rendered by the legal practitioner for the party in the
10              same manner and to the same extent as if the legal practitioner
                so employed were a certificated practitioner in private practice
                engaged by that party.

     227.       Act not to validate purchase of client's interest, nor
                agreement for payment only in event of success
15      (1)     Nothing in this Act is to be construed to give validity to --
                 (a) a purchase by a legal practitioner of the interest or any
                       part of the interest of a client of that practitioner in any
                       suit, action or other contentious proceeding to be
                       brought or maintained; or
20               (b) any agreement by a practitioner for payment only in the
                       event of success in any suit, action or other contentious
                       proceedings.
        (2)     If an agreement is entered into with the Executive Director of
                the Law Society by the client of a legal practitioner, for
25              purposes pertaining to the Litigation Assistance Fund operated
                by the Law Society, in relation to a contentious proceeding
                undertaken by the client, the agreement may provide for
                payment under the Litigation Assistance Fund to the Law
                Society of a contribution which is to be dependent upon the
30              result of, or payable only in the event of success in, that
                contentious proceeding.




     page 152
                                                        Legal Practice Bill 2002
                                                          Costs         Part 13
                                  Taxation and recovery of costs     Division 3
                                                                          s. 228



       (3)   Nothing in subsection (2) is to be construed as relating to an
             agreement by the legal practitioner for payment to that legal
             practitioner.

               Division 3 -- Taxation and recovery of costs
5    228.    Interpretation
       (1)   In this Division --
             "taxing officer" means a taxing officer of the Supreme Court.
       (2)   For the purposes of this Division --
              (a) a reference to the person or party charged includes a
10                   reference to --
                        (i) a person who has paid the bill to which the
                             charge relates;
                       (ii) any other person who is authorised to administer
                             the estate or affairs of any such person who is
15                           deceased, incapable or insolvent;
                      (iii) a person liable to pay or to reimburse another for
                             costs in a bill; or
                      (iv) a person who is a beneficiary of a trust estate or
                             fund against which costs may be chargeable;
20            (b) a reference to the legal practitioner includes a reference
                     to --
                        (i) another person who is authorised to administer
                             the estate or affairs of any such person who is
                             deceased, incapable or insolvent or who is an
25                           assignee of the legal practitioner as the case may
                             be; and
                       (ii) an incorporated legal practice in connection with
                             legal services provided by the practice;
                     and
30            (c) where a legal practitioner performs services by way of
                     legal assistance under Part V Division 3 of the Legal Aid

                                                                      page 153
     Legal Practice Bill 2002
     Part 13         Costs
     Division 3      Taxation and recovery of costs
     s. 229



                           Commission Act 1976, a reference to the person or party
                           charged includes a reference to the Legal Aid
                           Commission established under section 6 of that Act.

     229.       Taxing officer's discretionary powers
5               A taxing officer may --
                 (a) enlarge the time prescribed for the taking of any step in
                       this Division;
                 (b) give direction for substituted service of any notice or
                       document required to be served.

10   230.       Bill of costs to be served before suit
        (1)     A legal practitioner must not sue for the recovery of any
                services, fee, charges or disbursements until a bill for the
                services, fee, charges or disbursements has been served upon the
                party charged.
15      (2)     The bill may be --
                    (a)    a bill containing detailed items; or
                    (b)    a bill for a lump sum.

     231.       Party may request bill for detailed items
        (1)     A legal practitioner must include in each bill of costs for a lump
20              sum served under section 230(2)(b) a notice to the person
                charged in the following form --
                "
                          Within 30 days of receipt of this account you may
                          require me by notice in writing to provide to you an
25                        itemised bill of costs the subject of this account. Within
                          30 days of receiving an itemised bill of costs, you may
                          require me by notice in writing to submit the bill of
                          costs to a taxing officer of the Supreme Court for
                          review of the amount of costs charged to you, the
30                        subject of this account.
                                                                                       ".

     page 154
                                                        Legal Practice Bill 2002
                                                          Costs         Part 13
                                  Taxation and recovery of costs     Division 3
                                                                          s. 232



       (2)   The notice must appear on the face page of each bill of costs in
             at least 10 point type size.
       (3)   At any time within 30 days from the service of the bill for a
             lump sum the party charged may require the legal practitioner to
5            serve upon the party charged, in lieu of the lump sum bill, a bill
             containing detailed items.
       (4)   Upon a requirement being made under subsection (3) the lump
             sum bill is of no effect except that proceedings for recovery
             already instituted under section 230 may be continued unless
10           stayed by the court in which those proceedings were instituted
             or under section 236.

     232.    Party charged with itemised bill may give notice of intention
             to tax
       (1)   Where a bill of costs contains detailed items, the legal
15           practitioner must include a notice to the person charged in the
             following form --
             "
                   Within 30 days of receiving this account you may
                   require me by notice in writing to submit the bill of
20                 cost to a taxing officer of the Supreme Court for review
                   of the amount of costs charged to you, the subject of
                   this bill of costs.
                                                                               ".
       (2)   The notice must appear on the face page of each bill of costs in
25           at least 10 point type size.
       (3)   A person charged with a bill of costs that contains detailed items
             may --
              (a) serve upon the legal practitioner, within 30 days from
                    the service of the itemised bill, a written notice of
30                  intention to have the bill taxed; and
              (b) upon service of that notice, have the bill taxed by the
                    taxing officer.


                                                                      page 155
     Legal Practice Bill 2002
     Part 13         Costs
     Division 3      Taxation and recovery of costs
     s. 233



     233.       Party not served with requested itemised bill may have lump
                sum bill taxed
                If --
                  (a)   a person, under section 231(3), has requested a legal
5                       practitioner to serve a bill of costs containing detailed
                        items in lieu of a lump sum bill; and
                 (b)    the itemised bill is not served upon that person within
                        30 days from the serve of the request upon the legal
                        practitioner,
10              the person may apply to have the lump sum bill taxed by the
                taxing officer by lodging the bill with the taxing officer.

     234.       Taxing officer may order more detailed bill
                If a lump sum bill or an itemised bill of costs does not contain
                adequate detail to enable the taxing officer to tax the bill, the
15              taxing officer may --
                  (a) order the legal practitioner to remedy the deficiency
                        within a time specified in the order; and
                  (b) in default of a sufficiently detailed account being filed,
                        reduce the amount of the costs that might otherwise
20                      have been certified by a proportion not greater than
                        25%.

     235.       Effect of costs agreement
        (1)     When taxing an itemised bill of costs a taxing officer must give
                effect to any costs agreement made as to the costs specified in
25              the bill.
        (2)     A taxing officer, at the request of the party charged with a bill
                of costs, may refer any costs agreement made as to the costs
                specified in the bill to the Supreme Court for review of the
                agreement under section 222.




     page 156
                                                        Legal Practice Bill 2002
                                                          Costs         Part 13
                                  Taxation and recovery of costs     Division 3
                                                                          s. 236



     236.    Stay of recovery proceedings
             A taxing officer taxing a bill of costs under this Division may
             order that any proceedings for the recovery of the costs be
             stayed until such time as the taxing officer may direct, and the
5            order has effect accordingly.

     237.    Bill of costs to be lodged with taxing officer
       (1)   Within one month after service of the notice referred to in
             section 232(3) the legal practitioner must lodge the bill of costs
             with a taxing officer.
10     (2)   Within the period of one month permitted under subsection (1)
             the legal practitioner may serve upon the party charged an
             amended bill of costs.
       (3)   If an amended bill of costs is served under subsection (2), the
             amended bill must be treated as, and be in lieu of, the original
15           bill of costs and be subject to the provisions of the Division as
             to taxation, except this subsection.

     238.    Time and place of taxation
       (1)   Upon a bill of costs being lodged under section 233 or 237, a
             taxing officer may --
20             (a) appoint a day, time and place for the taxation of the bill
                     of costs; or
               (b) remit the bill of costs to an officer of the court or
                     tribunal in the jurisdiction to which the bill relates for
                     the purposes of that officer taxing the bill of costs.
25     (2)   The taxing officer must give at least 7 days' notice of a day,
             time and place appointed under subsection (1)(a) to both parties.
       (3)   The taxing officer may --
              (a) refer the bill of costs to an officer of the court or tribunal
                    in which the costs were incurred for a report as to the
30                  bill of costs; and


                                                                       page 157
     Legal Practice Bill 2002
     Part 13         Costs
     Division 3      Taxation and recovery of costs
     s. 239



                  (b)   in his or her discretion, have regard to that report when
                        taxing a bill of costs.
        (4)     The referral of a bill of costs under subsection (3)(a) to an
                officer of a court or tribunal for a report as to the bill of costs
5               does not confer on that officer or that court or tribunal any
                jurisdiction in relation to that bill of costs.
        (5)     If under subsection (1)(b) a bill of costs is remitted by a taxing
                officer to an officer of a court or tribunal in the jurisdiction to
                which the bill relates for taxing by that officer, the officer has,
10              in relation to that bill, the same functions as those exercisable
                by the taxing officer.

     239.       Costs of taxation
                The costs of and incidental to the taxation of a bill of costs are
                in the discretion of the taxing officer.

15   240.       Certification, interest, amount, how recovered
        (1)     The taxing officer must certify in writing the amount at which a
                bill of costs, and the costs of and incidental to the taxation of the
                bill of costs, are respectively allowed by the taxing officer.
        (2)     A certificate under subsection (1) is binding and conclusive on
20              both parties.
        (3)     A certificate under subsection (1) bears interest, and may be
                enforced by either party against the person liable to pay, as if it
                were a judgment of the Supreme Court for the payment of the
                amount mentioned in the certificate.




     page 158
                                                        Legal Practice Bill 2002
                                                          Costs         Part 13
                                  Taxation and recovery of costs     Division 3
                                                                          s. 241



     241.    Taxation of Legal Aid Commission bill of costs
             If a taxing officer taxes a bill of costs with which the Legal Aid
             Commission is charged for services by way of legal assistance
             under Part V Division 3 of the Legal Aid Commission
5            Act 1976 --
               (a) the taxing officer must give effect to section 14(1) of
                      that Act, other than the requirement under
                      paragraph (a)(ii) of that section that fees be approved, in
                      determining the amount at which the bill of costs is
10                    allowed; and
               (b) the amount certified by the taxing officer, or an order
                      made in respect of that amount under section 242, is
                      conclusive and binding on the Legal Aid Commission
                      and the practitioner despite the provisions of the Legal
15                    Aid Commission Act 1976.

     242.    Review of taxation
       (1)   The taxation of a bill of costs may be reviewed by the Supreme
             Court in accordance with its rules of court.
       (2)   An order made upon review may be enforced in the same
20           manner as the certificate of a taxing officer under section 240.

     243.    Overpayments to be returnable
             If a bill of costs is taxed under this Division and, as a result of
             that taxation, the amount which has been paid or deducted in
             respect of that bill is more than the amount authorised by the
25           taxation, to the extent of the excess, the person charged has a
             claim for repayment which may be certified and enforced under
             section 240 as though allowed under that section.




                                                                        page 159
     Legal Practice Bill 2002
     Part 13         Costs
     Division 4      General
     s. 244



                                Division 4 -- General
     244.       Legal practitioner's costs to be a first charge on the
                property recovered or preserved
        (1)     In every case in which a legal practitioner is employed to
5               prosecute or defend any suit, matter or proceeding in a court, the
                practitioner --
                  (a) is entitled to a first charge upon the property recovered
                         or preserved; and
                  (b) has a prior right to payment out of the property
10                       recovered or preserved for the taxed costs, charges and
                         expenses as between practitioner and client of or in
                         reference to the suit, matter or proceeding.
        (2)     The court before which the suit, matter or proceeding has been
                heard or is pending, or judge of the court in chambers, may
15              make ex parte any order for taxation of, and for raising and
                paying the costs, charges and expenses referred to in
                subsection (1)(b) out of, the property as the court or judge
                thinks just and proper.

     245.       Town agent entitled to prior charge
20              In every case in which a legal practitioner acts as town agent for
                another legal practitioner, the agent is entitled to apply on
                summons and obtain a charging order for costs and expenses in
                so acting, in priority to the costs and expenses of the legal
                practitioner on whose behalf the agent acts.

25   246.       Legal practitioner may charge interest on moneys disbursed
                A legal practitioner is entitled to charge interest on moneys
                disbursed in connection with litigious or other business, at the
                rate from time to time allowed on judgment debts.




     page 160
                                                         Legal Practice Bill 2002
                                Professional indemnity insurance         Part 14

                                                                          s. 247



             Part 14 -- Professional indemnity insurance
     247.     Regulations as to professional indemnity insurance
       (1)    In this section --
              "employee" includes an officer and a former employee or
5                  officer;
              "legal practitioner" includes, except in subsection (4)(d) --
                   (a) a former legal practitioner;
                   (b) an incorporated legal practice; and
                   (c) a former incorporated legal practice.
10     (2)    The Governor may make regulations concerning indemnity
              against loss arising from claims in respect of any description of
              civil liability incurred by --
                (a) a legal practitioner in connection with the practice of
                       that legal practitioner; or
15              (b) an employee of a legal practitioner in connection with
                       the practice of the legal practitioner.
       (3)    For the purpose of providing the indemnity referred to in
              subsection (1), regulations made under this section may --
                (a) authorise or require the Law Society to make
20                    arrangements with one or more insurers for the
                      provision to legal practitioners of professional indemnity
                      insurance and may authorise that Society to do such acts
                      and things as may be necessary or expedient for giving
                      effect to those arrangements; and
25              (b) require legal practitioners, or any prescribed category of
                      legal practitioner, to take out and maintain professional
                      indemnity insurance in accordance with the
                      requirements of the regulations and either in accordance
                      with the arrangements made under the regulations or in
30                    accordance with a scheme or policy of insurance
                      approved under the regulations.


                                                                       page 161
     Legal Practice Bill 2002
     Part 14         Professional indemnity insurance

     s. 247



        (4)     Without prejudice to the generality of subsections (1) and (2),
                regulations made under this section may --
                  (a) specify the terms and conditions on and subject to which
                        professional indemnity insurance is to be provided,
5                       including the amounts of insurance cover to be taken out
                        and maintained by legal practitioners or prescribed
                        categories of legal practitioner and the periods during
                        which such insurance cover is to be maintained;
                  (b) specify classes or categories of legal practitioner or
10                      practice to which different provisions or obligations
                        under the regulations may apply;
                  (c) provide for and regulate the approval of insurers and the
                        issue of certificates of insurance to persons and firms
                        covered by professional indemnity insurance and
15                      prescribe the form of the certificates;
                  (d) empower the Board to refuse to issue a practice
                        certificate except to a legal practitioner who --
                           (i) satisfies the Board that the legal practitioner
                                holds a valid current certificate of insurance for
20                              the category of practice the legal practitioner
                                intends to engage in;
                          (ii) is covered by such a certificate issued in respect
                                of every firm of legal practitioners of which the
                                legal practitioner is a member, every
25                              multi-disciplinary partnership of which the legal
                                practitioner is a member and every incorporated
                                legal practice of which the legal practitioner is a
                                legal practitioner director; or
                         (iii) is exempt under the regulations;
30                (e) may specify circumstances in which legal practitioners
                        are exempt from the regulations or empower the Board
                        to exempt any legal practitioner or class of legal
                        practitioners in whole or in part from any provision of
                        the regulations either for a specified or indefinite period


     page 162
                                             Legal Practice Bill 2002
                    Professional indemnity insurance         Part 14

                                                              s. 247



          or subject to any condition which may be imposed by
          the Board;
    (f)   empower the Board to vary or revoke any exemption
          made by the Board under the regulations;
5   (g)   empower the Board to take such steps as it considers
          necessary or expedient to ascertain whether or not the
          regulations are being complied with; and
    (h)   contain incidental, procedural and supplementary
          provisions.




                                                           page 163
     Legal Practice Bill 2002
     Part 15         Miscellaneous

     s. 248



                           Part 15 -- Miscellaneous
     248.       Evidentiary material
        (1)     A certificate issued by the Board that states that on a date or
                during a period specified in the certificate --
5                 (a) a specified person was or was not the holder of a
                        practice certificate;
                 (b) a specified practice certificate was or was not subject to
                        a specified condition;
                  (c) a specified person was or was not a registered foreign
10                      lawyer; or
                 (d) a specified registered foreign lawyer was or was not
                        subject to a specified condition,
                is admissible in any proceedings under Part 12 or other legal
                proceedings and is evidence of the fact or facts so stated.
15      (2)     A certificate issued by a regulatory authority of another State
                that states that on a date or during a period specified in the
                certificate --
                  (a) a specified person was or was not the holder of an
                         interstate practice certificate; or
20                (b) a specified interstate practice certificate was or was not
                         subject to a specified condition,
                is admissible in any proceedings under Part 12 and in any legal
                proceedings and is evidence of the fact or facts so stated.
        (3)     A certificate issued by the Board that states that on a date or
25              during a period specified in the certificate a person specified in
                the certificate was the holder of an office as --
                  (a) a member of the Board;
                  (b) a member of the Complaints Committee;
                  (c) a member of the Disciplinary Tribunal;
30                (d) the Registrar of the Disciplinary Tribunal;


     page 164
                                                       Legal Practice Bill 2002
                                                 Miscellaneous         Part 15

                                                                         s. 249



              (e)   the secretary to the Board; or
              (f)   the Law Complaints Officer,
             is admissible in any proceedings under Part 12 and in any legal
             proceedings and is evidence of the facts so stated.
5      (4)   A document signed by --
              (a) the Law Complaints Officer;
              (b) the chairperson of, or any 2 members present at, a
                   meeting of the Complaints Committee; or
              (c) the Registrar, chairperson, or any 2 members present at
10                 a meeting of, the Disciplinary Tribunal,
             and purporting to be a record or copy of the finding, order or
             report of the Complaints Committee or of the Disciplinary
             Tribunal, or to set out the nature of the power exercised and the
             manner in which it was exercised, must be admitted as a true
15           copy of and evidence of the matters stated in the document.

     249.    Judicial notice
             All courts and persons acting judicially must take judicial
             notice of --
               (a) the seal of the Disciplinary Tribunal; and
20             (b) the signature of --
                        (i) the chairperson, the deputy chairperson and other
                            members, of the Board, the Complaints
                            Committee and the Disciplinary Tribunal;
                       (ii) the Registrar of the Disciplinary Tribunal;
25                    (iii) the secretary to the Board; and
                      (iv) the Law Complaints Officer.




                                                                      page 165
     Legal Practice Bill 2002
     Part 15         Miscellaneous

     s. 250



     250.       Contempt of the Supreme Court
                Without limiting the operation of other provisions of this Act, a
                person who contravenes --
                  (a) the terms of this Act, or any provision of or obligation
5                      imposed under this Act; or
                  (b) an order of the Complaints Committee or of the
                       Disciplinary Tribunal,
                is guilty of a contempt of the Supreme Court and may be dealt
                with accordingly by the Supreme Court or a Judge in Chambers
10              on the motion of the Complaints Committee or the Board.

     251.       Laying documents before House of Parliament that is not
                sitting
        (1)     If section 17(2), 166(2) or 174(2) requires the Attorney General
                to cause the text of a document to be laid before each House of
15              Parliament, or dealt with under this section, within a period
                and --
                  (a) at the commencement of the period, a House of
                         Parliament is not sitting; and
                  (b) the Attorney General is of the opinion that the House
20                       will not sit during that period,
                the Attorney General is to transmit a copy of the text of the
                document to the Clerk of that House.
        (2)     A copy of the text of a document transmitted to the Clerk of a
                House is to be regarded --
25               (a) as having been laid before that House; and
                 (b) as being a document published by order or under the
                       authority of that House.
        (3)     The laying of a copy of the text of a document that is regarded
                as having occurred under subsection (2)(a) is to be recorded in
30              the Minute, or Votes and Proceedings, of the House on the first
                sitting day of the House after the Clerk received the copy.

     page 166
                                                         Legal Practice Bill 2002
                                                   Miscellaneous         Part 15

                                                                            s. 252



     252.    Rules
       (1)   The Board may make rules for or with respect to all or any of
             the following --
               (a) the election of members of the Board;
5              (b) the annual election of the chairperson and deputy
                      chairperson of the Board;
               (c) the examination of articled clerks and their conduct and
                      training under articles of clerkship;
               (d) what portion, if any, of the articles to be served by an
10                    articled clerk may be served as a student of law
                      attending a university prescribed by the rules;
               (e) what portion of the articles to be served by an articled
                      clerk may be served by an articled clerk with a legal
                      practitioner other than the legal practitioner to whom
15                    that person is articled, and the conditions of that service;
                (f) the qualification, examination and training of candidates
                      for admission as legal practitioners;
               (g) the admission of legal practitioners;
               (h) the issue, review and renewal or refusal of practice
20                    certificates, the conditions to which such certificates
                      may be made subject, and the fees to be charged;
                (i) the accreditation of continuing legal education and
                      training programmes, courses and providers;
                (j) information required to be provided to the Board by
25                    legal practitioners, the time, manner and form in which
                      the information is to be provided, and the manner in
                      which the information may be dealt with;
               (k) fees to be payable to the Board --
                         (i) under this Act, otherwise than under the scale
30                            referred to in subsection (2); or
                        (ii) in respect of services provided, or to be provided,
                              by the Board to legal practitioners or other
                              persons;

                                                                        page 167
     Legal Practice Bill 2002
     Part 15         Miscellaneous

     s. 252



                 (l)   the management of trust moneys and the operation of
                       trust accounts;
                (m)    the maintenance of proper professional standards in the
                       practice of the law;
5               (n)    the supervision and investigation of the conduct of legal
                       practitioners and of the practice of the law under this
                       Act;
                (o)    applications for re-admission and conditions to be
                       observed by applicants for re-admission;
10              (p)    the cases and conditions in which certificated legal
                       practitioners are not to share the whole or any part of the
                       receipts arising from or in connection with any act,
                       matter, or thing which under this Act may only be done
                       for profit by a certificated practitioner;
15              (q)    the names under which certificated practitioners and
                       incorporated legal practices may practise or which
                       certificated practitioners or incorporated legal practices
                       may use in connection with their legal practice;
                (r)    the meetings and proceedings of the Board;
20              (s)    the control and use of the Law Library at the Supreme
                       Court, the persons permitted to use the Library, and the
                       removal of books from the Library;
                (t)    the practice and procedure to be used in relation to
                       conciliation and the negotiation of settlements, and for
25                     securing the attendance of persons and the production of
                       records or other things, for the purposes of section 176;
                (u)    matters relevant to the functions of the Complaints
                       Committee and, subject to the concurrence of the
                       chairperson of the Disciplinary Tribunal, to the
30                     convening and functions of the Disciplinary Tribunal;
                (v)    the provision of legal services by or in connection with
                       an incorporated legal practice or by a legal practitioner
                       partner or employee of a multi-disciplinary partnership;



     page 168
                                                       Legal Practice Bill 2002
                                                 Miscellaneous         Part 15

                                                                         s. 253



              (w)   the provision of other services by or in connection with
                    an incorporated legal practice or by a legal practitioner
                    partner or employee of a multi-disciplinary partnership
                    in circumstances where a conflict of interest relating to
5                   the provision of legal services may arise;
              (x)   without limiting paragraphs (v) and (w), professional
                    obligations relating to legal services provided by or in
                    connection with an incorporated legal practice or a
                    multi-disciplinary partnership;
10            (y)   the practice, conduct and discipline of registered foreign
                    lawyers;
              (z)   the accounts (if any) to be kept by a registered foreign
                    lawyer in the course of practising as a registered foreign
                    lawyer, the operation of any trust account required to be
15                  kept by the registered foreign lawyer and the
                    authorisation of a person to operate such a trust account.
             (za)   the imposition and recovery of fines and penalties;
             (zb)   matters and things necessary or convenient to be
                    prescribed for the better administration of this Act or for
20                  carrying into effect the purposes of this Act.
       (2)   The Board may prescribe a scale of fees to be charged for or in
             respect of proceedings under this Act.
       (3)   The rules are subsidiary legislation within the meaning of the
             Interpretation Act 1984.

25   253.    Regulations
       (1)   The Governor may make regulations prescribing all matters that
             are required or permitted by this Act to be prescribed, or are
             necessary or convenient to be prescribed, for giving effect to the
             purposes of this Act.
30     (2)   Without limiting subsection (1) the Governor may make
             regulations as to --
               (a) legal services provided by incorporated legal practices;


                                                                      page 169
    Legal Practice Bill 2002
    Part 15         Miscellaneous

    s. 253



                (b)   legal services provided by legal practitioner partners or
                      employees of multi-disciplinary partnerships;
                (c)   legal services provided by registered foreign lawyers.
       (3)     The regulations may create offences and may provide for a
5              penalty not exceeding $5 000.
       (4)     A regulation prevails over any inconsistent provision of the
               rules.




    page 170
                                                              Legal Practice Bill 2002



          Provisions as to the constitution and procedure of the Board      Schedule 1



            Schedule 1 -- Provisions as to the constitution and
                        procedure of the Board
                                                                                [s. 7(3)]

     1.         Chairperson and deputy chairperson
5         (1)   The members of the Board are to elect a chairperson and a deputy
                chairperson from amongst their number.
          (2)   The chairperson and deputy chairperson each holds office for one year
                except where he or she sooner resigns.
          (3)   A member of the Board --
10                 (a)   may not hold office as chairperson for more than
                         5 consecutive annual terms; and
                   (b)   may not hold office as deputy chairperson for more than
                         5 consecutive annual terms.
          (4)   Subject to the direction of the chairperson, or in the absence of the
15              chairperson, the deputy chairperson has and may exercise all of the
                functions of the chairperson.

     2.         Casual vacancies
                If a casual vacancy occurs in the office of an elected member of the
                Board, the Board may appoint a legal practitioner who would be
20              eligible for appointment to act as a member of the Board for the
                balance of the term of that elected member.

     3.         Meetings where chairperson and deputy chairperson are absent
                If both the chairperson and the deputy chairperson are absent from a
                meeting the members present are to elect one of their number to
25              preside at the meeting.

     4.         Quorum
                Any 4 members of the Board form a quorum.

     5.         Voting
          (1)   Each member of the Board has one vote.


                                                                              page 171
    Legal Practice Bill 2002



    Schedule 1          Provisions as to the constitution and procedure of the Board



         (2)   In the case of an equality of votes, the chairperson has a casting vote
               in addition to a deliberative vote.
         (3)   All questions at a meeting of the Board are to be decided by a
               majority of the votes of the members present.

5   6.         Saving
               No act or omission of a person acting in the place of another under
               clause 1 or 2 is to be questioned on the ground that the occasion for
               acting had not arisen or had ceased.




    page 172
                                                                 Legal Practice Bill 2002



                Provisions as to the constitution and procedure of the         Schedule 2
                                                Complaints Committee


            Schedule 2 -- Provisions as to the constitution and
                procedure of the Complaints Committee
                                                                                    [s. 165]

                                Division 1 -- Constitution
5    1.         Term of appointment -- representative of the community
          (1)   Subject to this Act, a member of the Complaints Committee appointed
                under section 163(2) --
                  (a)    holds office for a term of not more than 3 years specified in
                         the instrument of appointment; and
10                (b)    is eligible for reappointment.
          (2)   A member who has held office as a representative of the community
                for 6 years in total is not eligible to hold that office again, or to hold
                office under section 169(1)(d).

     2.         Deputy chairperson
15        (1)   The Board may from time to time appoint a member of the Board as
                deputy chairperson of the Complaints Committee.
          (2)   The deputy chairperson may act as chairperson --
                  (a) in the absence of the chairperson of the Complaints
                       Committee;
20                (b)    if so requested by the chairperson of the Complaints
                         Committee; or
                  (c)    during a vacancy in the office of chairperson of the
                         Complaints Committee.
          (3)   While acting as chairperson of the Complaints Committee the deputy
25              chairperson has, and may perform, the functions of chairperson.

     3.         Deputies of representative of the community
          (1)   One or more persons may be appointed as deputies of the
                representative of the community on the Complaints Committee.




                                                                                  page 173
     Legal Practice Bill 2002



     Schedule 2         Provisions as to the constitution and procedure of the
                        Complaints Committee


          (2)   A person appointed as a deputy representative of the community is to
                be appointed on terms applicable to, and is to be selected from
                persons eligible to be, a representative of the community.
          (3)   A person may be appointed as a deputy representative of the
5               community on both the Complaints Committee and the Disciplinary
                Tribunal.
          (4)   A person appointed as a deputy representative of the community may
                act in the place of a representative of the community at a meeting of
                the Complaints Committee if the person has the concurrence of the
10              chairperson of the meeting.
          (5)   While acting as a deputy representative of the community, the deputy
                has and may perform, the functions of a representative of the
                community on the Complaints Committee.

     4.         Removal or resignation
15        (1)   The Attorney General may remove a member of the Complaints
                Committee from office --
                  (a)   if the member is an insolvent under administration within the
                        meaning of the Corporations Act;
                  (b)   on the grounds of neglect of duty, misconduct, incompetence
20                      or mental or physical disability impairing the performance of
                        the functions of that member and proved to the satisfaction of
                        the Attorney General; or
                  (c)   if the member has been absent from meetings, without leave,
                        for more than 3 consecutive meetings.
25        (2)   A member of the Complaints Committee appointed by the Attorney
                General may resign office by notice in writing delivered to the
                Attorney General.
          (3)   A reference in this clause to a member includes a reference to a
                deputy member.

30   5.         Leave of absence
                The Attorney General may grant leave of absence to a member of the
                Complaints Committee on such terms and conditions as the Attorney
                General thinks fit.


     page 174
                                                              Legal Practice Bill 2002



                Provisions as to the constitution and procedure of the      Schedule 2
                                                Complaints Committee


     6.         Termination of office may be deferred
                Despite the term of office of a member of the Complaints Committee
                having expired by effluxion of time, the member continues in
                office --
5                 (a)    until the member is reappointed, or a successor is appointed;
                         and
                  (b)    in any event for the purpose of completing any part-heard
                         proceedings,
                unless the Governor otherwise directs.

10   7.         Remuneration and allowances
                A person appointed to the Complaints Committee as a representative
                of the community is to be paid such remuneration and allowances as
                the Attorney General from time to time, after consultation with the
                Minister for Public Sector Management, may determine.

15   8.         Saving
                No act or omission of a person acting in the place of another under
                clause 2 or 3 is to be questioned on the ground that the occasion for
                acting had not arisen or had ceased.

                                 Division 2 -- Procedure
20   9.         Quorum
          (1)   At any meeting of the Complaints Committee a quorum is constituted
                by 3 members, of whom --
                  (a)    2 are persons appointed under section 163(1)(a); and
                  (b)    one is a representative of the community.
25        (2)   Where an inquiry under Part 12 is commenced and a member present
                at that commencement fails to continue to participate in the
                proceedings the determination of the matter may be completed by the
                remaining members if they constitute a quorum.
          (3)   Where an inquiry under Part 12 is commenced and, upon the failure
30              of a representative of the community to continue to participate in the
                proceedings, no quorum can be convened the determination of the
                matter may be completed by the remaining members.

                                                                              page 175
     Legal Practice Bill 2002



     Schedule 2           Provisions as to the constitution and procedure of the
                          Complaints Committee


     10.         Complaints Committee not bound by rules of evidence
                 The Complaints Committee is not bound by the rules of evidence but
                 may inform itself in any manner it considers just.

     11.         Meetings
5          (1)   Meetings of the Complaints Committee may be convened --
                  (a) by the chairperson of the Complaints Committee;
                   (b)    by the Law Complaints Officer; or
                   (c)    at such times and places as the Complaints Committee
                          determines.
10         (2)   The chairperson presides at all meetings of the Complaints Committee
                 at which he or she is present.
           (3)   If the chairperson and deputy chairperson are absent from a meeting
                 of the Complaints Committee the members present may appoint one
                 of their number to act as chairperson.
15         (4)   A person appointed under subclause (3) has, and may perform, the
                 functions of chairperson.

     12.         Divisions
           (1)   The Complaints Committee may sit and exercise jurisdiction as one or
                 more Divisions where a quorum is present.
20         (2)   A reference in this Act, unless the context otherwise requires, to a
                 meeting of the Complaints Committee includes a reference to a
                 meeting when the Complaints Committee is constituted as a Division.
           (3)   A determination made by the Complaints Committee when sitting as a
                 Division is taken to be a determination of the Complaints Committee
25               as a whole.

     13.         Voting
           (1)   At a meeting of the Complaints Committee, subject to subclause (2),
                 each member present is entitled to a deliberative vote.
           (2)   Any question is to be determined by a majority of the votes lawfully
30               cast but when the deliberative votes cast on a question are equally
                 divided the chairperson has a casting vote.

     page 176
                                                                  Legal Practice Bill 2002



                 Provisions as to the constitution and procedure of the       Schedule 2
                                                 Complaints Committee


     14.         Complaints Committee may determine its own procedure
                 Subject to this Act and the rules, in the exercise of its functions the
                 Complaints Committee may determine its own procedure and is not
                 required to conduct any proceedings in a formal manner.

5    15.         Records
           (1)   The member presiding at any meeting of the Complaints Committee
                 must cause an accurate record to be kept of the proceedings.
           (2)   A register of the records is to be maintained.
           (3)   Subject to subclause (4), the Complaints Committee may cause its
10               records, or information related to any inquiry or proceeding or as to
                 those records, to be published.
           (4)   The Complaints Committee must ensure that a publication under
                 subclause (3) is edited to prevent --
                   (a)   the identification of persons, unless a determination to permit
15                       identifying publication has been made; and
                   (b)   the revealing of confidential information.




                                                                                 page 177
     Legal Practice Bill 2002



     Schedule 3         Provisions as to the constitution and procedure of the
                        Disciplinary Tribunal


            Schedule 3 -- Provisions as to the constitution and
                 procedure of the Disciplinary Tribunal
                                                                            [s. 171(4), (5)]

                                Division 1 -- Constitution
5    1.         Term of appointment -- chairperson
                Subject to this Act, the chairperson of the Disciplinary Tribunal --
                  (a) holds office for a term of not more than 3 years specified in
                        the instrument of appointment; and
                  (b)    is eligible for reappointment.

10   2.         Term of appointment -- legal practitioners
                Subject to this Act, a member of the Disciplinary Tribunal appointed
                under section 169(2) --
                  (a)    holds office for a term of not more than 3 years specified in
                         the instrument of appointment; and
15                (b)    is eligible for reappointment.

     3.         Term of appointment -- representative of the community
          (1)   Subject to this Act, a member of the Disciplinary Tribunal appointed
                under section 169(3) --
                  (a)    holds office for a term of not more than 3 years specified in
20                       the instrument of appointment; and
                  (b)    is eligible for reappointment.
          (2)   No member who has held office as a representative of the community
                for 6 years in total is eligible to hold that office again, or office under
                section 163(2).

25   4.         Deputy chairperson
          (1)   The Governor may appoint a person eligible for appointment under
                section 170 as deputy chairperson of the Disciplinary Tribunal.
          (2)   The deputy chairperson may act as chairperson --
                  (a) in the absence of the chairperson of the Disciplinary Tribunal;


     page 178
                                                              Legal Practice Bill 2002



                Provisions as to the constitution and procedure of the     Schedule 3
                                                  Disciplinary Tribunal


                  (b)   if so requested by the chairperson of Disciplinary Tribunal; or
                  (c)   during a vacancy in the office of chairperson of the
                        Disciplinary Tribunal.
          (3)   While acting as chairperson of the Disciplinary Tribunal the deputy
5               chairperson has, and may perform, the functions of chairperson.

     5.         Deputies of representative of the community
          (1)   One or more persons may be appointed as deputies of the
                representatives of the community on the Disciplinary Tribunal.
          (2)   A person appointed as a deputy representative of the community is to
10              be appointed on terms applicable to, and is to be selected from
                persons eligible to be, a representative of the community.
          (3)   A person may be appointed as a deputy representative of the
                community on both the Complaints Committee and the Disciplinary
                Tribunal.
15        (4)   A person appointed as a deputy representative of the community may
                act in the place of a representative of the community at a meeting of
                the Disciplinary Tribunal if the person has the concurrence of the
                chairperson of the meeting.
          (5)   While acting as a deputy representative of the community, the deputy
20              has and may perform, the functions of a representative of the
                community on the Disciplinary Tribunal.

     6.         Removal or resignation
          (1)   The Attorney General may remove a member of the Disciplinary
                Tribunal from office --
25                (a)   if the member is an insolvent under administration within the
                        meaning of the Corporations Act; or
                  (b)   on the grounds of neglect of duty, misconduct, incompetence
                        or mental or physical disability impairing the performance of
                        the functions of that member and proved to the satisfaction of
30                      the Attorney General.
          (2)   A member of the Disciplinary Tribunal appointed by the Attorney
                General may resign office by notice in writing delivered to the
                Attorney General.

                                                                             page 179
     Legal Practice Bill 2002



     Schedule 3           Provisions as to the constitution and procedure of the
                          Disciplinary Tribunal


           (3)   A reference in this clause to a member includes a reference a deputy
                 member.

     7.          Leave of absence
                 The Attorney General may grant leave of absence to a member of the
5                Disciplinary Tribunal on such terms and conditions as the Attorney
                 General thinks fit.

     8.          Termination of office may be deferred
                 Despite the term of office of a member of the Disciplinary Tribunal
                 having expired by effluxion of time, the member may continue in
10               office --
                   (a)    until the member is reappointed, or a successor is appointed;
                          and
                   (b)    in any event for the purpose of completing any part-heard
                          proceedings,
15               unless the Governor otherwise directs.

     9.          Remuneration and allowances
                 The chairperson of the Disciplinary Tribunal, deputy chairperson of
                 the Disciplinary Tribunal and persons appointed to the Disciplinary
                 Tribunal as representatives of the community are to be paid such
20               remuneration and allowances as the Attorney General from time to
                 time, after consultation with the Minister for Public Sector
                 Management, may determine.

     10.         Saving
                 No act or omission of a person acting in the place of another under
25               clause 4 or 5 is to be questioned on the ground that the occasion for
                 acting had not arisen or had ceased.




     page 180
                                                               Legal Practice Bill 2002



                 Provisions as to the constitution and procedure of the     Schedule 3
                                                   Disciplinary Tribunal


                                  Division 2 -- Procedure
     11.         Quorum
           (1)   At any meeting of the Disciplinary Tribunal a quorum is constituted
                 by --
5                  (a)   the chairperson or deputy chairperson of the Tribunal, or a
                         person acting as chairperson;
                   (b)   2 persons who are members of the Tribunal by reason of their
                         membership of the Board or their membership under
                         section 169(2); and
10                 (c)   a member appointed as a representative of the community.
           (2)   If a hearing under Part 12 is commenced and, upon the failure of a
                 member present at that commencement to continue to participate in
                 the proceedings, a quorum cannot be convened, the determination of
                 the matter may be completed by the remaining members.

15   12.         Meetings
           (1)   The chairperson presides at all meetings of the Disciplinary Tribunal
                 at which he or she is present.
           (2)   If the chairperson and deputy chairperson are absent from a meeting
                 of the Disciplinary Tribunal the members present may appoint one of
20               their number to act as chairperson.
           (3)   A person appointed under subclause (2) has, and may perform, the
                 functions of chairperson.

     13.         Divisions
           (1)   The Disciplinary Tribunal may sit and exercise jurisdiction as one or
25               more Divisions where a quorum is present.
           (2)   A reference in this Act, unless the context otherwise requires, to a
                 meeting of the Disciplinary Tribunal includes a reference to a meeting
                 when the Disciplinary Tribunal is constituted as a Division.
           (3)   A determination made by the Disciplinary Tribunal when sitting as a
30               Division is taken to be a determination of the Disciplinary Tribunal as
                 a whole.



                                                                              page 181
     Legal Practice Bill 2002



     Schedule 3           Provisions as to the constitution and procedure of the
                          Disciplinary Tribunal


     14.         Voting
           (1)   At a meeting of the Disciplinary Tribunal the chairperson of that
                 meeting and each member present is entitled to a deliberative vote.
           (2)   Any question is to be determined by a majority of the votes lawfully
5                cast but when the deliberative votes cast on a question are equally
                 divided the chairperson has a casting vote.

     15.         Records
           (1)   The member presiding at any meeting of the Disciplinary Tribunal
                 must cause an accurate record to be kept --
10                 (a)    as minutes of the proceedings; and
                   (b)    in the case of a hearing, of the finding upon which any
                          determination was based and of its reasons.
           (2)   A register of the records is to be maintained.
           (3)   Subject to subclause (4), the Disciplinary Tribunal may cause its
15               records, or information related to any inquiry or proceeding or as to
                 those records, to be published.
           (4)   The Disciplinary Tribunal must ensure that a publication under
                 subclause (3) is edited to prevent --
                   (a)    the identification of persons, unless a determination to permit
20                        identifying publication has been made; and
                   (b)    the revealing of confidential information.




     page 182
                                                              Legal Practice Bill 2002



     Provisions as to constitution and procedure of the Legal Costs        Schedule 4
                                                         Committee


      Schedule 4 -- Provisions as to constitution and procedure
                   of the Legal Costs Committee
                                                               [s. 208, 209, 218(3)(a)]

                                 Division 1 -- Constitution
5    1.         Term of office
          (1)   Subject to clause 4, a member of the Legal Costs Committee --
                  (a) holds office for a term of not more than 3 years specified in
                        the instrument of appointment; and
                  (b)   is eligible for reappointment.
10        (2)   Subject to clause 4, a person appointed under clause 2 or 3 --
                  (a)   holds office for a term specified in the instrument of
                        appointment; and
                  (b)   is eligible for reappointment.

     2.         Deputy chairperson
15        (1)   The Governor may appoint as deputy chairperson of the Legal Costs
                Committee a person qualified for appointment as chairperson under
                section 207(2)(a).
          (2)   The deputy chairperson may act as chairperson --
                  (a) in the absence of the chairperson of the Legal Costs
20                     Committee; or
                  (b)   during a vacancy in the office of chairperson of the Legal
                        Costs Committee.
          (3)   While acting as chairperson of the Legal Costs Committee the deputy
                chairperson has, and may perform, the functions of the chairperson.

25   3.         Deputy members
          (1)   The Governor may appoint a person having a like qualification or
                being nominated in the same manner as the member for whom the
                person is a deputy to act in the place of a member of the Legal Costs
                Committee.



                                                                                 page 183
     Legal Practice Bill 2002



     Schedule 4          Provisions as to constitution and procedure of the Legal Costs
                         Committee


          (2)   A person appointed under subclause (1) is, during the absence of the
                member of the Legal Costs Committee for whom the person is the
                deputy, entitled to act as a member in place of that member.
          (3)   While acting as a deputy of a member, the deputy has and may
5               perform, the functions of that member.

     4.         Removal and resignation
          (1)   The Governor may remove a member of the Legal Costs Committee
                or person appointed under clause 2 from office --
                  (a)    if the member is an insolvent under administration within the
10                       meaning of the Corporations Act; or
                  (b)    on the grounds of neglect of duty, misconduct, incompetence
                         or mental or physical disability impairing the performance of
                         the functions of that member and proved to the satisfaction of
                         the Governor.
15        (2)   A member of the Legal Costs Committee may resign office by notice
                in writing delivered to the Governor.
          (3)   A reference in this clause to a member includes a reference to a
                deputy member.

     5.         Leave of absence
20              The Attorney General may grant leave of absence to a member of the
                Legal Costs Committee on such terms and conditions as the Attorney
                General thinks fit.

     6.         Remuneration and allowances
                A member or deputy member of the Legal Costs Committee is to be
25              paid such remuneration and allowances as the Attorney General from
                time to time, after consultation with the Minister for Public Sector
                Management, may determine.

     7.         Saving
                No act or omission of a person acting in the place of another under
30              clause 2 or 3 may be questioned on the ground that the occasion for
                acting had not arisen or had ceased.



     page 184
                                                                Legal Practice Bill 2002



     Provisions as to constitution and procedure of the Legal Costs           Schedule 4
                                                         Committee


                                  Division 2 -- Procedure
     8.          Meetings
           (1)   Meeting of the Legal Costs Committee may be held at such times and
                 places as the Legal Costs Committee determines.
5          (2)   The chairperson presides at all meetings of the Legal Costs
                 Committee at which he or she is present.
           (3)   If the chairperson and deputy chairperson are absent from a meeting
                 of the Legal Costs Committee the members present may appoint one
                 of their number to act as chairperson.
10         (4)   A person appointed under subclause (3) has, and may perform, the
                 functions of chairperson.
           (5)   The Legal Costs Committee must cause accurate minutes to be kept of
                 the proceedings at its meetings.

     9.          Voting
15               At a meeting of the Legal Costs Committee --
                   (a) each member present is entitled to a deliberative vote;
                   (b)    if the votes cast on a question are equally divided, the
                          chairperson has a casting vote; and
                   (c)    if the votes cast on a question from which the chairperson and
20                        deputy chairperson are absent are equally divided, the
                          question remains unresolved until the next meeting at which
                          the chairperson is present.

     10.         Quorum
                 At a meeting of the Legal Costs Committee 4 members, of whom 2
25               are legal practitioners and 2 are members appointed under
                 section 207(2)(c), constitute a quorum.

     11.         Legal Costs Committee to determine procedures
                 Subject to this Act, the Legal Costs Committee may determine its own
                 procedures.




                                                                                page 185
Legal Practice Bill 2002



Defined Terms



                                               Defined Terms
            [This is a list of terms defined and the provisions where they are defined.
                                   The list is not part of the law.]
      Defined Term                                                                                                    Provision(s)
      accountant ...........................................................................................................146(1)
      adverse finding....................................................................................... 177(4), 189(4)
      articled clerk ............................................................................................................... 3
      associate..............................................................................................................133(1)
      Australia...................................................................................................................... 3
      bank ............................................................................................................................ 3
      Board........................................................................................................................... 3
      Board's appointee ................................................................................................... 147
      certificated practitioner ............................................................................................... 3
      chairperson.............................................................................................................. 205
      complaint .................................................................................................................... 3
      Complaints Committee ............................................................................................... 3
      contentious business ............................................................................................... 205
      corporation .................................................................................................................. 3
      costs ........................................................................................................................ 205
      costs agreement...............................................................................................3, 220(1)
      court ........................................................................................................................ 205
      direction in writing..............................................................................................140(1)
      director........................................................................................................................ 3
      Disciplinary Tribunal.................................................................................................. 3
      disqualified person ...................................................................................................... 3
      employee.............................................................................................................246(1)
      engage in legal practice............................................................................................... 3
      examiner...................................................................................................................... 3
      foreign law .................................................................................................................. 3
      foreign lawyer ............................................................................................................. 3
      foreign registration authority....................................................................................... 3
      Full Court.................................................................................................................... 3
      Guarantee Fund........................................................................................................... 3
      home registration authority ......................................................................................... 3
      impairment............................................................................................................39(1)
      incapable practitioner............................................................................................39(1)
      incorporated legal practice .......................................................................................... 3
      insolvent practitioner.............................................................................................39(1)
      interstate practice certificate ...................................................................................... 3
      interstate practitioner................................................................................................... 3
      investigation..........................................................................................................67(3)
      Law Complaints Officer.............................................................................................. 3
      Law Society ................................................................................................................ 3
      Legal Contribution Trust............................................................................................. 3
      legal Costs Committee ................................................................................................ 3
      legal costs determination............................................................................................. 3


page 186
                                                                                       Legal Practice Bill 2002



                                                                                                        Defined Terms



legal practitioner ........................................................ 3, 135(1), 147, 158, 219, 246(1)
legal practitioner director ............................................................................................ 3
legal practitioner partner ............................................................................................. 3
local practitioner ......................................................................................................... 3
matter ....................................................................................................................72(4)
member ................................................................................................................... 205
mental disability.......................................................................................................... 3
migration restriction............................................................................................102(1)
multi-disciplinary partnership ..................................................................................... 3
non-contentious business ........................................................................................ 205
officer.......................................................................................................................... 3
other purposes .....................................................................................................209(3)
practice.................................................................................................................... 147
practice certificate....................................................................................................... 3
practise foreign law..................................................................................................... 3
practising on his or her own account........................................................................... 3
practitioner .................................................................................................................. 3
professional obligations .............................................................................................. 3
prohibited person ........................................................................................................ 3
public document..................................................................................................116(1)
public officer............................................................................................................... 3
record .......................................................................................................................... 3
registered..................................................................................................................... 3
registered foreign lawyer ............................................................................................ 3
regulatory authority.........................................................................................3, 203(1)
related body corporate................................................................................................. 3
related services..................................................................................58(1)(b), 81(1)(b)
relevant legal practitioner....................................................................................223(3)
remuneration .......................................................................................................209(1)
Roll ............................................................................................................................. 3
Roll of Practitioners .................................................................................................... 3
rules ............................................................................................................................ 3
State ............................................................................................................................ 3
supervising solicitor ................................................................................................ 147
taxing officer.......................................................................................................227(1)
trust account................................................................................................................ 3
trust moneys................................................................................................................ 3
unfit practitioner....................................................................................................39(1)
unpaid work ........................................................................................................124(3)
unsatisfactory conduct................................................................................................. 3
work ....................................................................................................................124(1)
working hours .......................................................................................................23(4)




 


[Index] [Search] [Download] [Related Items] [Help]