Australian Capital Territory Numbered Acts

LEGAL PRACTITIONERS (AMENDMENT) ACT 1994 (NO. 76 OF 1994) - SECT 20

20. After section 146 of the Principal Act the following sections are inserted in Division 2 of Part XII:

“146A. Application may be made to the Administrative Appeals Tribunal for review of a decision or determination, as the case may be, of the Law Society—

        (a)     under subsection 139 (1) to refuse to allow further time within which an application for compensation under this Part may be accepted;

        (b)     under subsection 139 (2), where a notice is published under section 138, to refuse to allow further time within which an application for compensation under this Part may be accepted;

        (c)     under paragraph 141 (1) (a) as to the amount of pecuniary loss in respect of which compensation may be paid to an applicant under this Part;

        (d)     under paragraph 141 (1) (b) that there is no pecuniary loss in respect of which compensation may be paid to an applicant under this Part;

        (e)     under subsection 145 (3) to refuse to pay compensation out of the Fidelity Fund to a solicitor;

        (f)     under subsection 145 (3) as to the amount of compensation paid out of the Fidelity Fund to a solicitor;

        (g)     under subsection 146 (1) to refuse to make an interim payment of compensation to an applicant under this Part; or

        (h)     under subsection 146 (1) as to the amount of an interim payment of compensation paid to an applicant under this Part.

“146B. (1) The Law Society shall cause notice of the decision to be given to the applicant concerned.

“(2) Before the prescribed date, a notice referred to in subsection (1) shall—

        (a)     include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1989 , an application may be made to the Tribunal for a review of the decision to which the notice relates; and

        (b)     except where subsection 26 (11) of that Act applies—include a statement to the effect that a person whose interests are effected by the decision may request a statement pursuant to section 26 of that Act.

“(3) The validity of a decision referred to in subsection (1) shall not be taken to have been effected by a failure to comply with subsection (2).

“(4) On or after the prescribed date, a notice under subsection (1) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989 .

“(5) In this section—