Australian Capital Territory Numbered Acts

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LEGAL PROFESSION ACT 2006 (NO. 25 OF 2006) - SECT 107

Incorporated legal practice must have legal practitioner director etc

    (1)     An incorporated legal practice must have at least 1 legal practitioner director.

    (2)     Each legal practitioner director of an incorporated legal practice is, for this Act only, responsible for the management of the legal services provided in the ACT 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 services by the incorporated legal practice—

        (a)     in accordance with the professional obligations of Australian legal practitioners and other obligations imposed under this Act; and

Note     This Act is defined in the dictionary.

        (b)     so that those obligations of Australian legal practitioners who are officers or employees of the practice are not affected by other officers or employees of the practice.

    (4)     If it ought reasonably to be apparent to a legal practitioner director of an incorporated legal practice that the provision of legal services by the practice will result in breaches of the professional obligations of Australian legal practitioners or other obligations imposed under this Act, the director must take all reasonable action available to the director to ensure that—

        (a)     the breaches do not happen; and

        (b)     appropriate remedial action is taken in relation to breaches that do happen.

    (5)     A contravention of subsection (3) or (4) by a legal practitioner director can be unsatisfactory professional conduct or professional misconduct.

    (6)     This part does not affect the obligations or liability of a director of an incorporated legal practice under any other law.

    (7)     The reference in subsection (1) to a legal practitioner director does not include a reference to a person who is not validly appointed as a director, but this subsection does not affect the meaning of the term legal practitioner director in other provisions of this Act.



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