LEGAL PROFESSION UNIFORM LAW APPLICATION ACT 2022

Western Australian Current Acts

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LEGAL PROFESSION UNIFORM LAW APPLICATION ACT 2022

TABLE OF PROVISIONS

Long Title

PART 1 -- Preliminary

1. Short title
2. Commencement
3. Terms used
4. Act binds Crown
5. Application of Interpretation Act 1984 to Act and Uniform Law

PART 2 -- Legal Profession Uniform Law

Division 1 -- Application of Legal Profession Uniform Law in the State

6. Application of Uniform Law as law of the State
7. Commencement of Uniform Law as law of the State
8. Tabling amending Acts
9. Disallowance of amending Acts
10. Commencement of amending Acts

11. Tabling of amending Act taken to be publication for Standing ORDER s

12. Interaction between Uniform Law and this Act
13. No double jeopardy

Division 2 -- Application of Uniform Regulations and Uniform Rules

14. Application of Uniform Regulations and Uniform Rules as laws of the State for Uniform Law and Act
15. Publication of Uniform Regulations and Uniform Rules
16. Tabling and disallowance of Uniform Regulations and Uniform Rules
17. Interpretation Act 1984 s. 41 and 42 do not apply to Uniform Regulations and Uniform Rules

Division 3 -- Matters specified for Legal Profession Uniform Law (WA)

18. Meaning of this jurisdiction in Uniform Law
19. Costs assessor: Uniform Law s.
20. Designated local regulatory authorities: Uniform Law s.
21. Designated local roll authority: Uniform Law s.
22. Designated tribunals: Uniform Law s.
23. Fidelity authority: Uniform Law s.
24. Nominated fund and nominated trust authority: Uniform Law s.
25. Unclaimed money to be dealt with under Unclaimed Money Act 1990: Uniform Law s.
26. Fidelity fund: Uniform Law s.
27. Specified fund: Uniform Law s.
28. Issuing authority: Uniform Law s.
29. Specified manner for payment of pecuniary penalties: Uniform Law s.

PART 3 -- Local authorities

Division 1 -- Legal Practice Board

Subdivision 1 -- Establishment and functions

30. Establishment of Board
31. Relationship to Crown
32. Functions
33. Powers
34. Board to pay State contribution to fund Legal Profession Uniform Framework
35. Board to pay contributions to Guarantee Fund into Fund
36. Delegation of powers and duties under this Act
37. Delegation of functions under Uniform Law: Uniform Law s.

Subdivision 2 -- Membership

38. Board members
39. Term of office
40. Who may vote in election
41. Removal or resignation
42. Chairperson and deputy chairperson
43. Casual vacancies

Subdivision 3 -- Practice and procedures

44. Meetings
45. Quorum
46. Voting
47. Procedures

Subdivision 4 -- Financial and reporting provisions

48. Application of funds
49. Accounts and records
50. Audit
51. Annual reports
52. Reports relating to operation and effectiveness of aspects of Uniform Law

Subdivision 5 -- Miscellaneous

53. Committees
54. Secretary of Board
55. Execution of documents by Board
56. Local regulations may be made about matters for Board

Division 2 -- Legal Services and Complaints Committee

Subdivision 1 -- Establishment and functions

57. Establishment of Legal Services and Complaints Committee
58. Functions
59. Powers
60. Support
61. Delegation to Legal Services and Complaints Officer

Subdivision 2 -- Membership

62. Legal Services and Complaints Committee members
63. Term of office of legal members
64. Term of office of community representatives
65. Termination of office may be deferred
66. Deputies of community representatives
67. Chairperson and deputy chairperson
68. Removal or resignation
69. Leave of absence
70. Remuneration and allowances

Subdivision 3 -- Practice and procedures

71. Meetings
72. Quorum
73. Divisions
74. Voting
75. Procedures

Subdivision 4 -- Reporting provisions

76. Annual reports
77. Reports relating to functions

Subdivision 5 -- Local regulations

78. Local regulations about Legal Services and Complaints Committee

Division 3 -- Legal Services and Complaints Officer

79. Legal Services and Complaints Officer
80. Term of appointment
81. Functions

Division 4 -- Staff of Legal Services and Complaints Committee and Legal Services and Complaints Officer

82. Staff

Division 5 -- Legal Costs Committee

Subdivision 1 -- Establishment and functions

83. Establishment of Legal Costs Committee
84. Functions
85. Powers

Subdivision 2 -- Membership

86. Legal Costs Committee members
87. Nominations
88. Term of office
89. Deputy chairperson
90. Deputy members
91. Removal or resignation
92. Leave of absence
93. Remuneration and allowances

Subdivision 3 -- Practice and procedures

94. Meetings
95. Quorum
96. Voting
97. Procedures

Subdivision 4 -- Financial provisions

98. Funds
99. Application of Financial Management Act 2006 and Auditor General Act 2006

Subdivision 5 -- Staff and facilities

100. Use of staff and facilities of departments

Division 6 -- Legal Contribution Trust

Subdivision 1 -- Establishment and functions

101. Establishment of Legal Contribution Trust
102. Relationship to Crown
103. Functions
104. Powers

Subdivision 2 -- Membership

105. Constitution of Legal Contribution Trust
106. Chairperson
107. Deputy trustees
108. Removal or resignation
109. Meetings and procedures
110. Quorum
111. Voting

Subdivision 3 -- Execution of documents

112. Execution of documents by Legal Contribution Trust

PART 4 -- Admission, practising certificates and registration certificates

Division 1 -- Admission

113. Requirements for applications for admission under Uniform Law s.
114. Full Bench of Supreme Court to admit individuals under Uniform Law s.
115. Local regulations may prescribe matters about admission under Uniform Law

Division 2 -- Practising certificates

116. Requirements for applications for grant or renewal of Australian practising certificates under Uniform Law s.
117. Provisions about renewing Australian practising certificates under Uniform Law s.
118. Provisions about decisions on granting or renewing Australian practising certificates under Uniform Law s.
119. Local regulations may modify operation of Legal Profession Conduct Rules for barristers

Division 3 -- Registration certificates

120. Requirements for applications for grant or renewal of Australian registration certificates under Uniform Law s.
121. Provisions about renewing Australian registration certificates under Uniform Law s.
122. Provisions about decisions on granting or renewing Australian registration certificates under Uniform Law s.

Division 4 -- Interjurisdictional action

123. Requirements for written notice of interjurisdictional action under Uniform Law s. 24 and

Division 5 -- Miscellaneous

124. Functions of State Solicitor
125. Accreditation in relation to continuing professional development activities or other legal education or training
126. Local regulations may provide contract legislative drafters are government lawyers
127. Local regulations in relation to government lawyers

PART 5 -- Trust accounts

128. Application for exemption under Uniform Law s.
129. Decision on exemption from complying with Uniform Law Pt. 4.2
130. Local regulations about receipt or holding of money by barristers: Uniform Law s.
131. Review of decisions referred to in Uniform Law s. 160 and 166

PART 6 -- Legal costs

Division 1 -- Legal costs determinations

132. Term used: court
133. Legal costs determinations
134. Declaration of court in respect of which costs determinations may be made
135. Costs determinations may be amended or revoked
136. Costs determinations are fixed costs legislative provisions: Uniform Law s.
137. Review of costs determinations
138. Inquiries by Legal Costs Committee
139. Notice and submissions in respect of costs determinations
140. Report and publication of costs determinations
141. Effect of costs determinations
142. Reports
143. Law practice to disclose whether costs determination applies to calculating costs under Uniform Law s.

Division 2 -- Costs assessments

144. Functions of costs assessors
145. Requirements for applications for costs assessment: Uniform Law s.
146. Assessment of Legal Aid Commission bill
147. Determining and issuing certificate of costs assessment
148. Costs assessment binding on parties
149. Review of costs assessment: Uniform Law s.
150. Enforcement of, and interest on, costs assessment
151. Recovery of amounts paid as legal costs above costs assessments
152. Local regulations about costs assessments

PART 7 -- Professional indemnity insurance

Division 1 -- Preliminary

153. Terms used
154. Approved insurance policies for Act and Uniform Law
155. Attorney General’s approval of insurance for Uniform Law

Division 2 -- Insurance and insurance policies

Subdivision 1 -- Obtaining professional indemnity insurance and certificates

156. Meaning of PII arrangement
157. Law Society authorised to enter into PII arrangement
158. Application for arrangement insurance for whole financial year
159. Application for arrangement insurance for part of financial year in particular circumstances
160. Application by restructured law practices for arrangement insurance for part of financial year
161. Bar-approved insurance policy
162. Local regulations may provide for approval of PII schemes

Subdivision 2 -- Annual contribution for PII arrangement

163. Assessing annual contribution for PII entities
164. Method of assessing annual contribution for PII arrangement
165. Review of annual contribution assessment
166. Appeal against review of annual contribution assessment
167. Refund after review of, or appeal against, annual contribution assessment
168. Recovery of additional amount if incorrect information given for annual contribution assessment

Subdivision 3 -- Financial matters

169. Administration levy for PII arrangement
170. Interest payable on amounts overdue under this Part
171. Recovery of unpaid money

Division 3 -- Exemptions from obtaining professional indemnity insurance under Legal Profession Uniform Law (WA)

Subdivision 1 -- Modification of Legal Profession Uniform Law Application Act 2014 (Victoria) Schedule 1 s. 215 and 216
172. Modification of Uniform Law 1

173. Section 215 modified
174. Section 216 modified

Subdivision 2 -- Obtaining exemptions under Legal Profession Uniform Law (WA)

175. Requirements for application to be exempted under Uniform Law s.
176. Certificates of exemption if exempt under Uniform Law s.
177. Person to notify Board when exemption no longer applies

Division 4 -- Law Mutual (WA) and Law Mutual Fund

178. Continuation of Law Mutual (WA)
179. Continuation of Law Mutual Fund
180. Provisions about Law Mutual Fund
181. Application of money in Law Mutual Fund
182. Audit of Law Mutual Fund
183. Local regulations about winding up Law Mutual Fund

Division 5 -- PII management committee

184. Law Society may establish PII management committee
185. Delegation of Law Society’s functions to PII management committee
186. Membership
187. Procedures
188. Dissolution of PII management committee

Division 6 -- Miscellaneous

189. Undertakings in relation to professional indemnity insurance
190. Requiring information about professional indemnity insurance
191. Sharing information about professional indemnity insurance
192. Evidence of exemption or insurance for Uniform Law

PART 8 -- Fidelity cover

Division 1 -- Guarantee Fund

193. Term used: claim
194. Solicitors’ Guarantee Fund
195. Payments out of Guarantee Fund
196. Application of Guarantee Fund for claims
197. Investment of Guarantee Fund
198. Notice of levy to supplement Guarantee Fund imposed under Uniform Law s.
199. Audit under Uniform Law s.

Division 2 -- Interest on trust accounts

200. Trust account arrangements to pay no more than 51% of interest to Legal Contribution Trust
201. Application of interest
202. Audit of expenditure

PART 9 -- Proceedings

203. Terms used
204. Constitution of State Administrative Tribunal
205. Procedure of State Administrative Tribunal
206. Disciplinary proceedings may involve 1 or more matters
207. Time for initiating disciplinary proceedings under Uniform Law s.
208. State Administrative Tribunal to conduct hearing for disciplinary proceeding
209. Variation of application initiating disciplinary proceeding
210. Interlocutory and interim orders in relation to disciplinary proceedings
211. State Administrative Tribunal not bound by rules of evidence
212. Notification of particular State Administrative Tribunal orders
213. Provisions about fines imposed under Uniform Law s.
214. Giving effect to State Administrative Tribunal orders
215. State Administrative Tribunal to give order recommending removal of lawyer from roll or register to Principal Registrar
216. Official notification to Board and Legal Services and Complaints Committee of removal from roll under Uniform Law s.

PART 10 -- Registers

Division 1 -- Certificate registers

217. Register of Australian practising certificates granted by the Board
218. Register of Australian registration certificates granted by the Board

Division 2 -- Disciplinary action register

219. Terms used
220. Register of disciplinary action
221. Public availability of register of disciplinary action
222. Publicising disciplinary action
223. Effect of quashing of disciplinary action
224. Publicising disciplinary action taken because of injury, infirmity or illness
225. Effect of secrecy provisions and non-disclosure orders
226. Liability for publicising disciplinary action

Division 3 -- Disqualification orders and approvals register

227. Disqualification orders and approvals register

PART 11 -- Enforcement

Division 1 -- Search warrants under Legal Profession Uniform Law (WA)

228. Application for search warrants under Uniform Law s.
229. Provisions for search warrants issued under Uniform Law s.
230. Use of force when executing search warrants issued under Uniform Law s.
231. Executed search warrants issued under Uniform Law s. 377 to be endorsed
232. Receipt for items seized under search warrants

Division 2 -- Contraventions of Act or Legal Profession Uniform Law (WA)

233. Board may appoint person to investigate contravention of Act or Uniform Law
234. Who may commence proceedings for offence against Act or Uniform Law
235. When prosecution may be commenced for offence against Uniform Law s. 10 or
236. Enforcement of orders to pay fines under Uniform Law
237. Board may recover pecuniary penalty to be paid under Uniform Law

Division 3 -- Notices under Legal Profession Uniform Law (WA) s. 371(1)(a) or (b)
238. Effect of notice under Uniform Law s. 371(1)(a) or (b)

PART 12 -- Law Society Public Purposes Trust

239. Terms used
240. Remaining interest on trust accounts to be paid to Law Society
241. Application of funds paid to Law Society
242. Legal Contribution Trust must provide copy of arrangements to Law Society
243. Tabling of instruments varying Law Society Public Purposes Trust Deed

PART 13 -- Law library

244. Law library
245. Law library contributions
246. Local regulations for law library

PART 14 -- Miscellaneous

247. Information sharing
248. Conduct that constitutes unsatisfactory professional conduct or professional misconduct
249. Powers of Supreme Court unaffected
250. Liability of principals for contravention of Act
251. Defect or irregularity in person’s appointment
252. Local regulations
253. Local approved forms
254. Delegation
255. Protection from liability
256. Certain witnesses compellable despite Uniform Law s.
257. Review of Act and Uniform Law
258. Laying documents before House of Parliament not sitting
259. Giving documents

PART 15 -- Repeals

260. Repeals
261. Interpretation Act 1984 not affected

PART 16 -- Transitional provisions

Division 1 -- Preliminary

262. Terms used
263. Interaction between this Part and Uniform Law Sch.

Division 2 -- Provisions about Legal Profession Uniform Law (WA)

264. Application of particular amending Acts enacted after 21 June 2021 but before commencement day
265. Application of s. 15 and 16 to Uniform Regulations and Uniform Rules made after 21 June 2021 but before commencement day
266. Application of particular provisions of Uniform Law Sch. 4 Pt.

Division 3 -- Local regulatory bodies

267. Continuation of Legal Practice Board
268. Members of Legal Practice Board
269. Complaints Committee continues as Legal Services and Complaints Committee under this Act
270. Members of Complaints Committee
271. Continuation of other Legal Practice Board committees
272. Continuation of Law Complaints Officer
273. Continuation and membership of Legal Costs Committee
274. Continuation of Legal Costs Committee Account
275. Continuation and membership of Legal Contribution Trust

Division 4 -- Admission

276. Admission applications under old Act taken to be admission applications under this Act
277. Notice of objection to admission under old Act taken to be objection under Uniform Law
278. Status of academic qualifications obtained under old Act for Uniform Law s.
279. Status of approved practical legal training requirements under old Act for Uniform Law s.
280. Application for early consideration of suitability continues under Uniform Law
281. Decision of Legal Practice Board or State Administrative Tribunal about suitability continues under Uniform Law
282. Compliance certificate under old Act taken to be issued under Uniform Law
283. Applications to State Administrative Tribunal under old Act may be decided by Tribunal or Supreme Court

Division 5 -- Practitioners

284. Government lawyers taken to hold Australian practising certificates under Uniform Law for particular period
285. Persons engaging in exempt work taken to have Australian practising certificates under Uniform Law for particular period
286. Continuing professional development
287. Persons approved as QA providers under former Legal Profession Rules 2009 taken to be accredited under s.
288. Approvals of law courses and legal training courses continued
289. Experience acquired before commencement day taken to be supervised legal practice under Uniform Law s.
290. Exemption or reduction of requirement to engage in restricted legal practice continues under Uniform Law
291. Order made under s. 77 of old Act continued
292. State Administrative Tribunal to decide how review of particular Legal Practice Board decisions about practising certificates to be dealt with
293. Reviews of particular Legal Practice Board decisions about registration certificates

Division 6 -- Trust accounts

294. Interest earned on trust account prior to commencement
295. Legal Contribution Trust and ADI taken to have entered into arrangement with nominated trust authority
296. Investigator under old Act taken to be appointed as external investigator under Uniform Law
297. Current investigations and external examinations under Pt. 9 of old Act to be dealt with under old Act
298. External investigations of actions before commencement day

Division 7 -- Legal costs

299. Continuation of legal costs determinations

Division 8 -- Professional indemnity insurance

300. Continuation and membership of PII management committee
301. Continuation of PII arrangement and certificates of insurance under PII regulations
302. Annual contribution under old Act taken to be contribution under this Act
303. Policy of professional indemnity insurance approved by Bar Association taken to be Bar-approved policy
304. Professional indemnity insurance scheme under old Act taken to be PII scheme
305. Method of assessment of annual contribution under old Act taken to be method of assessment determined under this Act
306. Review of or appeal against annual contribution continued under this Act
307. Legal Practice Board taken to have granted exemption from requirement to obtain professional indemnity insurance continued in particular cases
308. Insurance taken out under previous legislation continues

Division 9 -- Fidelity cover

309. Solicitors’ Guarantee Fund continued
310. Continuation of Attorney General’s approvals of investments under s. 342 of old Act
311. Contributions to Solicitors’ Guarantee Fund
312. Agreed amount under s. 388 of old Act taken to be agreed amount for s.

Division 10 -- Complaints and discipline

313. Investigations not finalised before commencement day to be dealt with under old Act
314. Audit of incorporated legal practice under old Act continues under Uniform Law
315. Pre-commencement conduct may be investigated under Uniform Law
316. Review of summary conclusion decision under s. 426 of old Act after commencement day
317. Current reviews of Complaints Committee’s summary conclusion decision under s. 426 of old Act
318. Review of Complaints Committee’s decision to dismiss complaint
319. State Administrative Tribunal to deal with review of Complaints Committee’s decision to dismiss complaint before commencement day
320. Enforcing compensation orders under old Act
321. Compensation order under old Act taken into account in compensation under Uniform Law s.

Division 11 -- Registers

322. Local roll maintained under old Act taken to be Supreme Court roll for Uniform Law s.
323. Continuation of register of local practising certificates kept under old Act
324. Continuation of register of locally registered foreign lawyers kept under old Act
325. Continuation of Register of Disciplinary Action kept under old Act

Division 12 -- Law library

326. Continuation of law library
327. Law library contributions paid under old Act taken to be contributions under this Act

Division 13 -- Law Society Public Purposes Trust

328. Reference to repealed Law Society Public Purposes Trust Act 1985 taken to be to Pt.
329. Arrangements between Law Society and ADI under repealed Law Society Public Purposes Trust Act 1985

Division 14 -- Transitional regulations

330. Transitional regulations

PART 17 -- Consequential amendments to other Acts

Division 1 -- Aboriginal Affairs Planning Authority Act 1972 amended

331. Act amended
332. Section 48 amended

Division 2 -- Children and Community Services Act 2004 amended

333. Act amended
334. Section 148 amended

Division 3 -- Civil Judgments Enforcement Act 2004 amended

335. Act amended
336. Section 30 amended

Division 4 -- Civil Liability Act 2002 amended

337. Act amended
338. Section 15L amended
339. Section 16 amended
340. Section 17 amended
341. Various references to “legal practitioner” amended

Division 5 -- Commercial Arbitration Act 2012 amended

342. Act amended
343. Section 24A amended
344. Section 33C amended

Division 6 -- Community Titles Act 2018 amended

345. Act amended
346. Section 3 amended
347. Section 117 amended
348. Section 137 amended
349. Section 182 amended

Division 7 -- District Court of Western Australia Act 1969 amended

350. Act amended
351. Section 6 amended
352. Section 10 amended
353. Section 64 amended
354. Section 66 amended
355. Section 88 amended

Division 8 -- Energy Arbitration and Review Act 1998 amended

356. Act amended
357. Section 49 replaced
49. Term used: Board

Division 9 -- Industrial Relations Act 1979 amended

358. Act amended
359. Section 112A amended

Division 10 -- Interpretation Act 1984 amended

360. Act amended
361. Section 5 amended

Division 11 -- Juries Act 1957 amended

362. Act amended
363. Section 3 amended
364. Section 56A amended
365. Section 56B amended
366. Section 56C amended
367. Schedule 1 clause 3 replaced
3. Legal practitioners

Division 12 -- Law Reform Commission Act 1972 amended

368. Act amended
369. Section 6 amended

Division 13 -- Legal Aid Commission Act 1976 amended

370. Act amended
371. Section 4 amended
372. Section 7 amended
373. Section 14 amended
374. Section 17 amended
375. Section 18 amended
376. Section 19 amended
377. Section 20 amended
378. Section 25 amended
379. Section 39 amended
380. Section 40 amended
381. Section 50 amended
382. Section 52 amended
383. Section 56 amended
384. Section 61 amended
385. Section 64 amended

Division 14 -- Magistrates Court Act 2004 amended

386. Act amended
387. Schedule 1 clause 1 amended

Division 15 -- Prohibited Behaviour Orders Act 2010 amended

388. Act amended
389. Section 36 amended

Division 16 -- Public Trustee Act 1941 amended

390. Act amended
391. Section 2 amended
392. Section 47A amended

Division 17 -- Registration of Deeds Act 1856 amended

393. Act amended
394. Section 6 amended

Division 18 -- Sale of Goods (Vienna Convention) Act 1986 amended

395. Act amended
396. Section 7 amended

Division 19 -- Spent Convictions Act 1988 amended

397. Act amended
398. Schedule 3 clause 1 amended

Division 20 -- State Administrative Tribunal Act 2004 amended

399. Act amended
400. Section 3 amended
401. Section 93 amended
402. Section 117 amended
403. Schedule 1 amended

Division 21 -- Strata Titles Act 1985 amended

404. Act amended
405. Section 3 amended
406. Section 143 amended
407. Section 163 amended
408. Section 219 amended

Division 22 -- Workers’ Compensation and Injury Management Act 1981 amended

409. Act amended
410. Section 5 amended
411. Section 5B inserted
5B. Meaning of prohibited person
412. Section 87 amended
413. Section 182S amended
414. Section 195 amended
415. Section 263 amended
416. Section 264 amended
417. Section 268 amended
418. Section 269 amended
419. Section 271 amended
420. Section 277 amended

Division 23 -- Young Offenders Act 1994 amended

421. Act amended
422. Section 37A amended
423. Section 152 amended

Division 24 -- Other amendments

424. Other Acts amended
Uncommenced provisions table
Defined terms

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