LEGAL PROFESSION ACT 2006 (NO. 25 OF 2006)

Australian Capital Territory Numbered Acts

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LEGAL PROFESSION ACT 2006 (NO. 25 OF 2006)

TABLE OF PROVISIONS

Long Title

CHAPTER 1--INTRODUCTION

PART 1.1--PRELIMINARY--CH 1

1. Name of Act
2. Commencement
3. Dictionary
4. Notes
5. Offences against Act—application of Criminal Code etc
6. Purposes of Act

PART 1.2--IMPORTANT TERMS

7. Terms relating to lawyers
8. Terms relating to legal practitioners
9. Terms relating to associates and principals of law practices
10. What is the home jurisdiction?
11. Suitability matters
12. Information notices
13. References to conviction and quashing of conviction

CHAPTER 2--GENERAL REQUIREMENTS FOR ENGAGING IN LEGAL PRACTICE

PART 2.1--PRELIMINARY--CH 2

14. Simplified outline—ch 2

PART 2.2--RESERVATION OF LEGAL WORK AND LEGAL TITLES

15. Purposes—pt 2.2
16. Prohibition on engaging in legal practice if not entitled
17. Prohibition on representing or advertising entitlement to engage in legal practice if not
18. Presumptions about taking or using certain names, titles or descriptions
19. Contravention of pt 2.2 by Australian lawyers who are not legal practitioners

PART 2.3--ADMISSION OF LOCAL LAWYERS

Division 2.3.1--Preliminary—pt 2.3

20. Purposes—pt 2.3

Division 2.3.2--Eligibility and suitability for admission

21. Eligibility for admission
22. Suitability for admission
23. Early consideration of suitability for admission
24. Referral of matters to Supreme Court
25. Appeal to Supreme Court on refusal of declaration

Division 2.3.3--Admission to legal profession

26. Admission
27. Roll of people admitted to legal profession
28. Local lawyer is officer of Supreme Court

Division 2.3.4--Functions and powers of admissions board

29. Admissions board to advise on application for admission
30. Compliance certificates by admissions board
31. Consideration of applicant's eligibility and suitability for admission

Division 2.3.5--Miscellaneous—pt 2.3

32. Admissions board is respondent to applications under pt 2.3

PART 2.4--LEGAL PRACTICE BY AUSTRALIAN LEGAL PRACTITIONERS

Division 2.4.1--Preliminary—pt 2.4

33. Purposes and application—pt 2.4

Division 2.4.2--Legal practice in ACT by Australian legal practitioners

34. Entitlement of holder of Australian practising certificate to practise in ACT

Division 2.4.3--Local practising certificates generally

35. Local practising certificates
36. Suitability to hold local practising certificate
37. Duration of local practising certificate
38. Professional indemnity insurance for local practising certificate etc
39. Continuing obligation for professional indemnity insurance for local practising
40. Local legal practitioner is officer of Supreme Court

Division 2.4.4--Grant or renewal of local practising certificates

41. Application for grant or renewal of local practising certificate
42. Approved form for grant or renewal application for practising certificates
43. Timing of application for renewal of local practising certificate
44. Grant or renewal of unrestricted or restricted practising certificate
45. Grant or renewal of barrister practising certificate

Division 2.4.5--Conditions on local practising certificates

46. Conditions on local practising certificates generally
47. Conditions imposed on local practising certificate by licensing body or relevant council
48. Statutory condition about conditions imposed on interstate admission
49. Barristers—restrictions on engaging in legal practice etc
50. Statutory condition about practice as a solicitor
51. Statutory condition on local practising certificate about notification of offence
52. Conditions imposed by legal profession rules
53. Compliance with conditions of local practising certificate

Division 2.4.6--Amendment, suspension or cancellation of local practising certificates

54. Application—div 2.4.6
55. Grounds for amending, suspending or cancelling local practising certificate
56. Amending, suspending or cancelling local practising certificate
57. Operation of amendment, suspension or cancellation of local practising certificate
58. Other ways of amending or cancelling local practising certificate
59. Relationship of div 2.4.6 with ch 4

Division 2.4.7--Special powers in relation to local practising certificates—show-cause events

60. Applicant for local practising certificate—show-cause event
61. Holder of local practising certificate—show-cause event
62. Refusal to grant or renew unrestricted or restricted practising
63. Refusal to grant or renew barrister practising certificate—failure to show cause
64. Amendment, suspension or cancellation of local practising certificate—failure to show
65. Restriction on further applications for local practising certificate after refusal to grant
66. Restriction on further applications for local practising certificate after cancellation
67. Relationship of div 2.4.7 with pt 4.4 and ch 6

Division 2.4.8--Further provisions about local practising certificates

68. Immediate suspension of local practising certificate
69. Imposition of conditions on local practising certificate pending criminal proceedings etc
70. Surrender and cancellation of local practising certificate
71. Return of local practising certificate

Division 2.4.9--Interstate legal practitioners

72. Professional indemnity insurance—interstate legal practitioners
73. Extent of entitlement of interstate legal practitioner to practise in ACT
74. Additional conditions on practice of interstate legal practitioners
75. Special provisions about interstate legal practitioner engaging in unsupervised legal
76. Interstate legal practitioner is officer of Supreme Court

Division 2.4.10--Miscellaneous—pt 2.4

77. Protocols with regulatory authorities
78. Investigation of practising certificate applicants or holders etc
79. Register of local practising certificates
80. Supreme Court orders about conditions under pt 2.4
81. Appeals against decisions of licensing body or relevant council
82. Government lawyers generally
83. Government lawyers of other jurisdictions
84. Determination of fees by law society council and bar council

PART 2.5--INTER-JURISDICTIONAL PROVISIONS ABOUT ADMISSION AND PRACTISING CERTIFICATES

Division 2.5.1--Preliminary—pt 2.5

85. Purpose—pt 2.5
86. Powers under ch 4 not affected by pt 2.5

Division 2.5.2--Notices to be given by local authorities to interstate authorities

87. Official notice to other jurisdictions of applications for admission and associated
88. Official notice to other jurisdictions of removals from local roll
89. Licensing body to give notice to other jurisdictions of certain matters
90. Relevant council to give notice to other jurisdictions of certain matters

Division 2.5.3--Notices to be given by lawyers to local authorities

91. Lawyer to give notice of removal in another jurisdiction or foreign country
92. Lawyer to give notice of interstate orders
93. Provisions applying to notices under s 91

Division 2.5.4--Taking of action by local authorities in response to notices received

94. Peremptory removal of local lawyer's name from local roll following removal in
95. Peremptory cancellation of local practising certificate following removal of name from
96. Order for non-removal of name or non-cancellation of local practising certificate
97. Show-cause procedure for removal of lawyer's name from local roll following removal
98. Local authority may give information to other local authorities

PART 2.6--INCORPORATED LEGAL PRACTICES AND MULTIDISCIPLINARY PARTNERSHIPS

Division 2.6.1--Preliminary—pt 2.6

99. Definitions—pt 2.6
100. Purposes—pt 2.6

Division 2.6.2--Incorporated legal practices

101. Nature of incorporated legal practice
102. Nonlegal services and businesses of incorporated legal practices
103. Corporations eligible to be incorporated legal practices
104. Notice of intention of corporation to start providing legal services
105. Prohibition on representations that corporation is incorporated legal practice etc
106. Notice of corporation ceasing to engage in legal practice etc
107. Incorporated legal practice must have legal practitioner director etc
108. Obligations of legal practitioner director relating to misconduct—incorporated legal
109. Incorporated legal practice without legal practitioner director
110. Obligations and privileges of practitioners who are officers or employees of incorporated
111. Professional indemnity insurance—incorporated legal practices
112. Conflicts of interest—incorporated legal practices
113. Disclosure obligations—incorporated legal practices
114. Effect of nondisclosure on provision of certain services by incorporated legal practice
115. Application of legal profession rules to incorporated legal practices
116. Advertising requirements—incorporated legal practices
117. Extension of vicarious liability relating to failure to account and dishonesty to
118. Sharing of receipts—incorporated legal practices
119. Disqualified people—incorporated legal practices
120. Audit of incorporated legal practices
121. Application of ch 6 to div 2.6.2 audits
122. Banning of incorporated legal practices
123. Disqualification from managing incorporated legal practice
124. Disclosure of information to Australian Securities and Investments Commission
125. External administration proceedings under Corporations Act
126. External administration proceedings under other legislation
127. Incorporated legal practice subject to receivership under this Act and external
128. Incorporated legal practice subject to receivership under this Act and external
129. Cooperation between courts—powers under pt 2.6
130. Relationship of Act to constitution of incorporated legal practices
131. Relationship of Act to legislation establishing incorporated legal practices
132. Relationship of Act to Corporations legislation
133. Undue influence—incorporated legal practices

Division 2.6.3--Multidisciplinary partnerships

134. Nature of multidisciplinary partnership
135. Conduct of multidisciplinary partnerships
136. Notice of starting practice in multidisciplinary partnership
137. General obligations of legal practitioner partners—multidisciplinary partnerships
138. Obligations of legal practitioner partner relating to misconduct—multidisciplinary
139. Actions of partner of multidisciplinary partnership who is not Australian legal
140. Obligations and privileges of practitioners who are partners or employees of
141. Conflicts of interest—multidisciplinary partnerships
142. Disclosure obligations—multidisciplinary partnerships
143. Effect of nondisclosure on provision of certain services by multidisciplinary
144. Application of legal profession rules to multidisciplinary partnerships
145. Advertising requirements—multidisciplinary partnerships
146. Sharing of receipts—multidisciplinary partnerships
147. Disqualified people—multidisciplinary partnerships
148. Prohibition on multidisciplinary partnerships with certain partners who are not Australian
149. Undue influence—multidisciplinary partnerships

Division 2.6.4--Miscellaneous—pt 2.6

150. Obligations of individual practitioners not affected by pt 2.6
151. Regulations—pt 2.6

PART 2.7--LEGAL PRACTICE--FOREIGN LAWYERS

Division 2.7.1--Preliminary—pt 2.7

152. Definitions—pt 2.7
153. Purpose—pt 2.7
154. Pt 2.7 does not apply to Australian legal practitioners or foreign lawyers engaged

Division 2.7.2--Practice of foreign law

155. Requirement for registration to practice foreign law
156. Entitlement of Australian-registered foreign lawyer to practise in ACT
157. Scope of practice of Australian-registered foreign lawyer
158. Form of practice of foreign law
159. Application of Australian professional ethical and practice standards to practice of foreign
160. Designation of Australian-registered foreign lawyers
161. Letterhead and other identifying documents of Australian-registered foreign lawyers
162. Advertising by Australian-registered foreign lawyers
163. Foreign lawyer employing Australian legal practitioner
164. Trust money and trust accounts—Australian-registered foreign lawyers
165. Professional indemnity insurance—Australian-registered foreign lawyers
166. Fidelity cover—Australian-registered foreign lawyers

Division 2.7.3--Local registration of foreign lawyers generally

167. Local registration of foreign lawyers
168. Duration of registration—foreign lawyers
169. Locally-registered foreign lawyer not officer of Supreme Court

Division 2.7.4--Applications for grant or renewal of local registration as foreign lawyer

170. Application for grant or renewal of registration as foreign lawyer
171. Approved form for grant or renewal application—foreign lawyers
172. Requirements for applications for grant or renewal of registration—foreign lawyers

Division 2.7.5--Grant or renewal of registration as foreign lawyer

173. Grant or renewal of registration as foreign lawyer
174. Requirement to grant or renew registration as foreign lawyer if criteria satisfied
175. Refusal to grant or renew registration as foreign lawyer

Division 2.7.6--Amendment, suspension or cancellation of local registration of foreign lawyer

176. Application—div 2.7.6
177. Grounds for amending, suspending or cancelling registration of foreign lawyer
178. Amending, suspending or cancelling registration of foreign lawyer
179. Operation of amendment, suspension or cancellation of registration of foreign lawyer
180. Other ways of amending or cancelling registration of foreign lawyer
181. Relationship of div 2.7.6 with ch 4

Division 2.7.7--Special powers in relation to local registration of foreign lawyer—show-cause events

182. Applicant for local registration as foreign lawyer—show-cause event
183. Locally-registered foreign lawyer—show-cause event
184. Refusal, amendment, suspension or cancellation of local registration as foreign
185. Restriction on making further applications for registration as foreign lawyer
186. Relationship of div 2.7.7 with pt 4.4 and ch 6

Division 2.7.8--Further provisions about local registration of foreign lawyers

187. Immediate suspension of registration as foreign lawyer
188. Surrender of local registration certificate and cancellation of registration as foreign
189. Automatic cancellation of registration of foreign lawyer on grant of practising
190. Suspension or cancellation of registration of foreign lawyer not to affect disciplinary
191. Return of local registration certificate

Division 2.7.9--Conditions on registration of foreign lawyers

192. Conditions on local registration generally
193. Conditions imposed on local registration by licensing body
194. Imposition and amendment of conditions on local registration pending criminal proceedings
195. Statutory condition on local registration about notification of offence
196. Conditions imposed by legal profession rules on local registration
197. Compliance with conditions of local registration

Division 2.7.10--Interstate-registered foreign lawyers

198. Extent of entitlement of interstate-registered foreign lawyer to practise in ACT
199. Additional conditions on practice of interstate-registered foreign lawyers

Division 2.7.11--Miscellaneous—pt 2.7

200. Investigation of applicants and locally-registered foreign lawyers etc
201. Register of locally-registered foreign lawyers
202. Publication of information about locally-registered foreign lawyers
203. Supreme Court orders about conditions—Australian-registered foreign lawyers
204. Exemption of Australian-registered foreign lawyers by licensing body
205. Membership of professional association by Australian-registered foreign lawyers
206. Determination of fees by licensing body
207. Appeals or reviews

PART 2.8--COMMUNITY LEGAL CENTRES

208. What is a complying community legal centre?
209. Provision of legal services etc by complying community centre

CHAPTER 3--CONDUCT OF LEGAL PRACTICE

PART 3.1--TRUST MONEY AND TRUST ACCOUNTS

Division 3.1.1--Preliminary—pt 3.1

210. Definitions—pt 3.1
211. Purposes—pt 3.1
212. Money involved in financial services or investments
213. Determinations about status of money
214. Application of pt 3.1 to law practices and trust money
215. Protocols for deciding where trust money is received
216. When money is received by law practice
217. Discharge by legal practitioner associate of obligations of law practice
218. Liability of principals of law practices under pt 3.1
219. Application of pt 3.1 to former practices, principals and associates
220. Barristers not to receive trust money

Division 3.1.2--Trust money and trust accounts

221. Keeping of general trust account
222. Certain trust money to be deposited in general trust account
223. Holding, disbursing and accounting for trust money
224. Controlled money
225. Transit money
226. Trust money subject to specific powers
227. Protection of trust money
228. Intermixing money
229. Dealing with trust money—legal costs and unclaimed money
230. Deficiency in trust account
231. Reporting certain irregularities etc
232. Keeping trust records
233. False names in trust records etc

Division 3.1.3--Investigations and external examinations

Subdivision 3.1.3.1--Investigations

234. Appointment of investigators
235. Investigations
236. Application of ch 6 to investigations
237. Investigator's report
238. Confidentiality by investigator etc
239. Costs of investigation

Subdivision 3.1.3.2--External examinations

240. Designation of external examiners
241. Appointment of external examiners by law practices
242. Appointment of external examiners by licensing body
243. Designation and appointment of associates as external examiners
244. Final examination of trust records
245. Examination of affairs in relation to examination of trust records etc
246. Carrying out examinations
247. External examiner's report
248. Confidentiality by external examiner
249. Costs of examination

Division 3.1.4--Provisions relating to ADIs and statutory deposits

250. Approval of ADIs for pt 3.1
251. ADI not subject to certain obligations and liabilities
252. Reports, records and information by ADIs
253. Statutory deposits

Division 3.1.5--Miscellaneous—pt 3.1

254. Restrictions on receipt of trust money
255. Application of pt 3.1 to incorporated legal practices and multidisciplinary partnerships
256. Application of pt 3.1 to community legal centres
257. Disclosure—money not received as trust money
258. Disclosure of accounts used to hold money entrusted to legal practitioners
259. Unclaimed trust money
260. Regulations—pt 3.1

PART 3.2--COSTS DISCLOSURE AND REVIEW

Division 3.2.1--Preliminary—pt 3.2

261. Definitions—pt 3.2
262. Purposes—pt 3.2

Division 3.2.2--Application—pt 3.2

263. Application of pt 3.2—first instructions rule
264. Pt 3.2 also applies by agreement or at client's election
265. Displacement of pt 3.2
266. How and where does a client first instruct a law practice?
267. When does a matter have a substantial connection with the ACT?
268. What happens when different laws apply to a matter?

Division 3.2.3--Costs disclosure

269. Disclosure of costs to clients
270. Disclosure if another law practice is to be retained
271. How and when must disclosure be made?
272. Exceptions to requirement for disclosure
273. Additional disclosure—settlement of litigious matters
274. Additional disclosure—uplift fees
275. Form of disclosure
276. Ongoing obligation to disclose etc
277. Effect of failure to disclose
278. Progress reports

Division 3.2.4--Legal costs generally

279. On what basis are legal costs recoverable?
280. Security for legal costs
281. Interest on unpaid legal costs

Division 3.2.5--Costs agreements

282. Making costs agreements
283. Conditional costs agreements
284. Conditional costs agreements involving uplift fees
285. Contingency fees prohibited
286. Effect of costs agreement
287. Certain costs agreements void
288. Setting aside costs agreements

Division 3.2.6--Billing

289. Legal costs cannot be recovered unless bill has been given
290. Bills
291. Notification of client's rights
292. Person may ask for itemised bill
293. Interim bills

Division 3.2.7--Costs review

294. Application by client for costs review
295. Application for costs review by law practice retaining another law practice
296. Application for costs review by law practice giving bill
297. Form of application for costs review
298. Consequences of application for costs review
299. Procedure on costs review
300. Criteria for costs review
301. Law practice may be bound by lump sum bill
302. Costs of costs review
303. Referral for disciplinary action
304. Legal costs subject to consumer dispute not reviewable

Division 3.2.8--Miscellaneous—pt 3.2

305. Application of pt 3.2 to incorporated legal practices and multidisciplinary partnerships
306. Imputed acts, omission or knowledge for pt 3.2
307. Liability of principals of law practice under pt 3.2

PART 3.3--PROFESSIONAL INDEMNITY INSURANCE

Division 3.3.1--Preliminary—pt 3.3

308. Definitions—pt 3.3
309. Purpose—pt 3.3
310. Exemptions from pt 3.3
311. Professional indemnity insurance for insurable legal practitioners
312. Approval of indemnity insurance policy
313. Agreements for insurance for solicitors
314. Giving information to council for insurance
315. Approval of indemnity fund

PART 3.4--FIDELITY COVER

Division 3.4.1--Preliminary—pt 3.4

316. Definitions—pt 3.4
317. Time of default—pt 3.4
318. Purpose—pt 3.4
319. Application—pt 3.4

Division 3.4.2--Fidelity fund

320. Establishment etc of fidelity fund
321. Investment of fidelity fund
322. Audit of fidelity fund
323. Contributions to fidelity fund
324. Levy to supplement fidelity fund
325. Insurance of fidelity fund
326. Borrowing for fidelity fund

Division 3.4.3--Defaults to which pt 3.4 applies

327. Meaning of relevant jurisdiction—pt 3.4
328. Defaults to which pt 3.4 applies
329. Defaults relating to financial services or investments

Division 3.4.4--Claims about defaults

330. Claims about defaults
331. Approved form for claims
332. Time limit for making claims against fidelity fund
333. Advertisements about defaults by law practices
334. Time limit for making claims against fidelity fund following advertisement
335. Claims not affected by certain matters
336. Investigation of claims
337. Advance payments for claims

Division 3.4.5--Deciding claims

338. Deciding claims generally
339. Maximum amount allowable for claim
340. Costs in relation to claims
341. Interest in relation to claims
342. Reduction of claim because of other benefits
343. Subrogation on payment of claim
344. Repayment of certain amounts paid from fidelity fund
345. Notification of delay in making decision on claim
346. Evidence in court proceedings under s 343 and certain proceedings for review

Division 3.4.6--Payments from fidelity fund for defaults

347. Payments for defaults
348. Caps on payments from fidelity fund
349. Sufficiency of fidelity fund

Division 3.4.7--Claims by law practices or associates

350. Claims by law practices or associates about defaults
351. Claims by law practices or associates about notional defaults

Division 3.4.8--Defaults involving interstate elements

352. Concerted interstate defaults
353. Defaults involving interstate elements if committed by 1 associate only

Division 3.4.9--Inter-jurisdictional provisions—pt 3.4

354. Protocols—pt 3.4
355. Forwarding of claims
356. Investigation of defaults to which pt 3.4 applies
357. Investigation of defaults to which corresponding law applies
358. Investigation of concerted interstate defaults and other defaults involving interstate
359. Recommendations by law society council to corresponding authorities
360. Recommendations to law society council by corresponding authorities etc
361. Request to another jurisdiction to investigate aspects of claim
362. Request from another jurisdiction to investigate aspects of claim
363. Cooperation with other authorities for pt 3.4

Division 3.4.10--Miscellaneous—pt 3.4

364. Interstate legal practitioner becoming authorised to withdraw from local trust account
365. Application of pt 3.4 to incorporated legal practices
366. Application of pt 3.4 to multidisciplinary partnerships
367. Application of pt 3.4 to Australian lawyers whose practising certificates have lapsed
368. Availability of law society property for claims

PART 3.5--MORTGAGE PRACTICES AND MANAGED INVESTMENT SCHEMES

Division 3.5.1--Preliminary—pt 3.5

369. Definitions—pt 3.5

Division 3.5.2--Mortgage practices

370. Conduct of mortgage practices
371. Nomination of practice as territory regulated mortgage practice
372. Law society council to be notified of territory regulated mortgages
373. Solicitor to have fidelity cover for regulated mortgages
374. Bar on claims against fidelity fund relating to regulated mortgages
375. Notification of insurance arrangements for regulated mortgages
376. Failure to obtain fidelity insurance for regulated mortgage

Division 3.5.3--Managed investment schemes

377. Involvement of solicitors in managed investment schemes
378. Claims against fidelity fund relating to managed investment schemes connected with
379. Transfer of mortgages to responsible entity

Division 3.5.4--Miscellaneous—pt 3.5

380. Law society council may require information about mortgage practices
381. Effect of pt 3.5 on indemnity insurance
382. Regulations and rules—pt 3.5

CHAPTER 4--COMPLAINTS AND DISCIPLINE

PART 4.1--PRELIMINARY AND APPLICATION--CH 4

Division 4.1.1--Preliminary—pt 4.1

383. Definitions—ch 4
384. Purposes—ch 4
385. Application of ch 4 to lawyers, former lawyers and former practitioners etc

Division 4.1.2--Key concepts—ch 4

386. What is unsatisfactory professional conduct?
387. What is professional misconduct?
388. What is unsatisfactory employment conduct?
389. Conduct capable of being unsatisfactory professional conduct or professional misconduct

Division 4.1.3--Application of ch 4

390. Practitioners to whom ch 4 applies
391. Conduct to which ch 4 applies—generally
392. Conduct to which ch 4 applies—insolvency, serious offences and tax offences

PART 4.2--COMPLAINTS ABOUT AUSTRALIAN LEGAL PRACTITIONERS AND SOLICITOR EMPLOYEES

393. Complaints generally
394. Making of complaints
395. Complaints made more than 3 years after conduct
396. Further information and verification—complaints
397. Person to be told about complaint
398. Submissions by person about whom complaint made
399. Summary dismissal of complaints
400. Withdrawal of complaints

PART 4.3--MEDIATION

401. Mediation of complaints
402. Facilitation of mediation
403. Nature of mediation
404. Admissibility of evidence and documents—mediation
405. Protection of mediator from liability

PART 4.4--INVESTIGATION OF COMPLAINTS

406. Complaints to be investigated
407. Appointment of investigator for complaint
408. Application of ch 6 to complaint investigations
409. Referral of matters for cost review—complaint investigation

PART 4.5--DECISION OF COUNCIL

410. Decision of council after investigation
411. Decision of council without investigation
412. Dismissal of complaint
413. Summary conclusion of complaint procedure by fine etc
414. Record of decision of council about complaint
415. Council to give reasons to complainant and practitioner
416. Appeals to disciplinary tribunal against decisions of relevant council

PART 4.6--GENERAL PROCEDURAL MATTERS ABOUT COMPLAINTS

417. Rules of procedural fairness and efficient dealing with
418. Complainant and person complained about to be told about action taken

PART 4.7--PROCEEDINGS IN DISCIPLINARY TRIBUNAL

419. Application to disciplinary tribunal
420. Hearings of disciplinary tribunal
421. Joinder of complaint applications
422. Amendment of complaint application
423. Nature of allegations in complaint applications
424. Application of rules of evidence to disciplinary tribunal
425. Parties before disciplinary tribunal
426. Hearings of disciplinary tribunal open to public
427. Disciplinary tribunal power to disregard procedural lapses
428. Powers of disciplinary tribunal in relation to witnesses
429. Member of tribunal unavailable to continue hearing
430. Decisions of disciplinary tribunal—unsatisfactory professional conduct or
431. Decisions of disciplinary tribunal—unsatisfactory employment
432. Interlocutory and interim orders of disciplinary tribunal
433. Compliance with decisions and orders of disciplinary tribunal
434. Costs orders by disciplinary tribunal
435. Notification of result of proceeding before disciplinary tribunal
436. Referral of questions of law to Supreme Court
437. Appeals from disciplinary tribunal to Supreme Court
438. Contempt of disciplinary tribunal
439. Application of Criminal Code, ch 7
440. Pt 4.7 does not affect other remedies of complainant

PART 4.8--COMPENSATION

441. Meaning of compensation order for pt 4.8
442. Compensation orders
443. When compensation order can be made
444. Making of compensation orders
445. Enforcement of compensation orders
446. Other remedies not affected by compensation order

PART 4.9--PUBLICISING DISCIPLINARY ACTION

447. Definitions—pt 4.9
448. Register of disciplinary action
449. Other ways of publicising disciplinary action
450. Quashing of disciplinary action
451. Protection against liability for publicising disciplinary action
452. Disciplinary action taken because of infirmity, injury or illness
453. Pt 4.9 subject to certain confidentiality provisions
454. Pt 4.9 subject to court and tribunal orders

PART 4.10--INTER-JURISDICTIONAL PROVISIONS--CH 4

455. Protocols for ch 4
456. Request to another jurisdiction to investigate complaint
457. Request from another jurisdiction to investigate complaint
458. Sharing of information with corresponding authorities
459. Cooperation with corresponding authorities
460. Compliance with disciplinary recommendations or orders made under corresponding laws
461. Pt 4.10 does not affect other functions

PART 4.11--MISCELLANEOUS--CH 4

462. Jurisdiction of Supreme Court not affected
463. Information about complaints procedure
464. Failure to comply with disciplinary orders
465. Procedures for handling of complaints
466. Reports to Minister about handling of complaints
467. Duty of council to report suspected offences
468. Protection for things done in administration of ch 4
469. Non-compellability of certain witnesses
470. Confidentiality of client communications for ch 4
471. Selfincrimination and other privileges overridden for ch 4 proceedings
472. Waiver of privilege or duty of confidentiality

CHAPTER 5--EXTERNAL INTERVENTION

PART 5.1--PRELIMINARY--CH 5

473. Definitions—ch 5
474. Purpose—ch 5
475. Application of ch 5—incorporated law practices etc
476. Application of ch 5 to barristers
477. Application of ch 5 to Australian-registered foreign lawyers
478. Application of ch 5 to other people

PART 5.2--INITIATION OF EXTERNAL INTERVENTION

479. Circumstances justifying external intervention
480. Decision about external intervention

PART 5.3--SUPERVISORS

481. Appointment of supervisor
482. Notice of appointment of supervisor
483. Effect of service of notice of appointment of supervisor
484. Role of supervisor
485. Records of and dealing with trust money of law practice under supervision
486. Ending of supervisor's appointment

PART 5.4--MANAGERS

487. Appointment of manager
488. Notice of appointment
489. Effect of service of notice of appointment of manager
490. Role of manager
491. Records and accounts of law practice under management and dealings with trust money
492. Deceased estates—law practice under management
493. Ending of manager's appointment

PART 5.5--RECEIVERS

494. Appointment of receiver
495. Notice of appointment of receiver
496. Effect of service of notice of appointment of receiver
497. Role of receiver
498. Records and accounts of law practice under receivership and dealings with trust money
499. Power of receiver to take possession of regulated property
500. Power of receiver to take delivery of regulated property
501. Power of receiver to deal with regulated property
502. Power of receiver to require documents or information
503. Examinations for receivership
504. Lien for costs on regulated property
505. Regulated property not to be attached
506. Recovery of regulated property—breach of trust etc
507. Improperly destroying property
508. Deceased estates—law practice under receivership
509. Ending of receiver's appointment

PART 5.6--GENERAL--CH 5

510. Conditions on appointment of supervisor or manager
511. Conditions on appointment of receiver
512. Status of acts of external intervener
513. Eligibility for reappointment or authorisation
514. Appeal against appointment of supervisor or manager
515. Directions of Supreme Court about external intervention
516. Requirement for ADI to disclose and permit access to accounts
517. Fees, legal costs and expenses of external intervener
518. Reports by external intervener
519. Confidentiality by external interveners
520. Protection from liability—ch 5

CHAPTER 6--INVESTIGATIONS

PART 6.1--PRELIMINARY--CH 6

521. Definitions—pt 6.1
522. Main purpose—ch 6
523. Privileges against selfincrimination and exposure to civil penalty

PART 6.2--REQUIREMENTS RELATING TO DOCUMENTS, INFORMATION AND OTHER ASSISTANCE

524. Application—pt 6.2
525. Requirements that may be imposed for investigations, examinations and audits under pt 3.1 and
526. Requirements that may be imposed for investigations under ch 4
527. Provisions relating to requirements under pt 6.2

PART 6.3--ENTRY AND SEARCH OF PREMISES

Division 6.3.1--Preliminary—pt 6.3

528. Application—pt 6.3
529. Definitions—pt 6.3

Division 6.3.2--Powers of investigators

530. Power to enter premises
531. Consent to entry
532. General powers on entry to premises
533. Power to require name and address
534. Power to seize things

Division 6.3.3--Search warrants

535. Warrants generally
536. Warrants—application made other than in person
537. Search warrants—announcement before entry
538. Details of search warrant to be given to occupier etc
539. Occupier entitled to be present during search etc
540. Use of electronic equipment at premises
541. Person with knowledge of computer or computer system to assist access
542. Securing electronic equipment
543. Copies of seized things to be provided

Division 6.3.4--Return and forfeiture of things seized

544. Receipt for things seized
545. Moving things to another place for examination or processing under search
546. Access to things seized
547. Return of things seized

Division 6.3.5--Miscellaneous—pt 6.3

548. Damage etc to be minimised
549. Compensation for exercise of enforcement powers

PART 6.4--ADDITIONAL POWERS IN RELATION TO INCORPORATED LEGAL PRACTICES

550. Application—pt 6.4
551. Investigative powers relating to investigations and audits
552. Examination of people under pt 6.4
553. Inspection of books under pt 6.4
554. Power to hold hearings under pt 6.4
555. Failure to comply with investigation under pt 6.4

PART 6.5--MISCELLANEOUS--CH 6

556. Additional obligations of Australian lawyers
557. Permitted disclosure of confidential information—ch 6

CHAPTER 7--REGULATORY AUTHORITIES

PART 7.1--ADMISSIONS BOARD

558. Admissions board
559. Ending appointments of members
560. Chair of admissions board
561. Meetings of admissions board
562. Protection of members from liability

PART 7.2--DISCIPLINARY TRIBUNAL

563. Establishment of disciplinary tribunal
564. Functions of disciplinary tribunal
565. Members of disciplinary tribunal
566. Appointment of judicial members of the disciplinary tribunal
567. Term of appointment of disciplinary tribunal member
568. Role of disciplinary tribunal chair
569. Presiding member of disciplinary tribunal
570. Conditions of appointment of judicial members
571. Ending appointment of judicial members
572. How is a disciplinary tribunal constituted for application?
573. Lists of non-judicial members
574. Disciplinary tribunal trust fund

CHAPTER 8--PROFESSIONAL BODIES

PART 8.1--BAR COUNCIL

575. Functions of bar council

PART 8.2--LAW SOCIETY AND LAW SOCIETY COUNCIL

576. Establishment of law society
577. Functions of law society council

PART 8.3--LEGAL PROFESSION RULES

Division 8.3.1--Preliminary

578. Purpose—pt 8.3

Division 8.3.2--Rules for Australian legal practitioners and locally-registered foreign lawyers

579. Rules for barristers
580. Rules for solicitors
581. Joint rules for Australian legal practitioners
582. Subject matter of legal profession rules
583. Public notice of proposed legal profession rules

Division 8.3.3--Rules for incorporated legal practices and multidisciplinary partnerships

584. Rules for incorporated legal practices and multidisciplinary partnerships

Division 8.3.4--General

585. Binding nature of legal profession rules
586. Legal profession rules inconsistent with Act or regulation

CHAPTER 9--GENERAL PROVISIONS

587. Approved forms—licensing body and councils
588. Liability of principals of law practice
589. Associates who are disqualified or convicted people
590. Injunctions to restrain offences against Act
591. Enforcement of injunctions
592. Amendment or discharge of injunctions
593. Interim injunctions—undertakings about damages
594. Magistrates Court's other powers not limited
595. Disclosure of information by local regulatory authorities
596. Confidentiality of personal information
597. Professional privilege or duty of confidence does not affect validity of certain requirements
598. Reviewable decisions
599. Review of decisions
600. Notice of reviewable decisions
601. Minister may determine fees
602. Regulation-making power
603. Review of Act

CHAPTER 10--TRANSITIONAL

604. Definitions—ch 10
605. Continuing application of provisions of Legal Practitioners Act about trust
606. Continuing application of provisions of Legal Practitioners Act about costs
607. Cost disclosure
608. Notice for taxation of costs
609. Roll of legal practitioners
610. Existing legal practitioners
611. Pending applications for admission
612. Pending complaints before professional conduct board
613. New complaints about old conduct
614. Statutory interest account
615. Legal profession rules
616. HIH insurance
617. Mortgage practices and managed investment schemes—old
618. Transitional regulations
619. Expiry—ch 10

CHAPTER 11--REPEALS AND CONSEQUENTIAL AMENDMENTS

620. Legislation repealed
621. Legislation amended—sch 2
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
DICTIONARY
ENDNOTES

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