Legal Practice (Amendment) Act 1998 (Vic)
Legal Practice (Amendment) Act 1998
Act No. 79/1998
TABLE OF PROVISIONS
Section Page
1. Purpose 1 2. Commencement 1 3. Principal Act 2 4. Definitions 2 5. Trust account details to be included on the Register 3 6. Inspection of the Register 3 7. Trust account course only needs to be completed once 3 8. New sections 41A and 41B inserted 4
41A. Variation of practising certificate conditions pending
criminal proceedings 4 41B.
Appeal to Court of Appeal 5
9. Professional indemnity insurance for foreign lawyers 5 10. Practice rules 6 11. Information for clients 6 12. Repeal of restrictions on legal costs connected with mortgages and loans 7 13. Disputes with clients 8 14. Disciplinary matters 9 15. New section 173A inserted 10
173A. Trust account details to be notified to Board 10
16. Statutory deposit 10 17. New section 182A inserted 11
182A. Board may require information about trust account
balances 11
18. Annual trust account audit report 11 19. Fidelity fund claims 11 20. Professional indemnity insurance 13 21. New section 227A inserted 14
227A. Trade Practices Act and Competition Code 14
22. Further professional indemnity insurance amendments 14 23. New section 233A inserted 15 233A. Levies 15 24. Functions of Liability Committee 16 25. Business names of incorporated practitioners to be included on Register 16 26. Delegation by RPAs 17
i
Section Page
27. New section 330A inserted 17
330A. Board may require information and documents from
conveyancers 17
28. Delegation by the Board 18 29. Protection of lawyers assisting the Tribunal 18 30. New section 425A inserted 19 425A. Delegation 19 31. New Division 2A of Part 19 inserted 19 Division 2A—Investigation of offences 19
441A. Board may appoint person to investigate 19 441B. Assistance with investigation 19 441C. Power of entry with warrant 21 441D. Inspector must report on investigation 22
441E. Secrecy 22
32. Supreme Court—limitation of jurisdiction 23 33. Amendments to Schedule 2 24 34. Statute law revision 24
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NOTES 25
ii
Victoria
No. 79 of 1998
Legal Practice (Amendment) Act 1998†
[Assented to 10 November 1998]
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to amend the Legal
Practice Act 1996—
(a)
to alter the arrangements for professional indemnity insurance;
(b) to deal with miscellaneous matters.
2. Commencement
This Act comes into operation on 15 December
1998.
Legal Practice (Amendment) Act 1998
Act No. 79/1998 s. 3 3. Principal Act
| No. 35/1996. | In this Act, the Legal Practice Act 1996 is called |
| Reprint No. 1 | the Principal Act. |
| as at 16 December 1997. Further | |
| amended by | |
| Nos 46/1998 | |
| and 52/1998. |
4. Definitions
(1) In section 3(1) of the Principal Act—
(a) in the definition of "approved auditor" for "(e) subject to sub-section (3), has
completed or substantially assisted in
carrying out the audit of the trust
account of at least 2 (or such higher
number as is prescribed) firms, legal
practitioners or approved clerks in
respect of any of the previous 3 audityears;";
(b) for the definition of "costs dispute" ' "costs dispute" means a dispute referred to
in section 122(1)(a);';
(c)
for the definition of "inspector" substitute— ' "inspector" means—
(a) in Division 5 of Part 6, a person appointed under section 192 or 193; (b) in Division 2A of Part 19, a 441A;'.
Legal Practice (Amendment) Act 1998
| s. 5 | Act No. 79/1998 |
(2) After section 3(2) of the Principal Act insert—
'(3) The Board may exempt a person from the
requirement of paragraph (e) of the
definition of "approved auditor" in sub-section (1).'.
5. Trust account details to be included on the Register
In section 9 of the Principal Act—
(a)
after sub-section (3)(c) insert— "(ca) the information specified in section
173A (trust account details); and";
(b)
after sub-section (4)(b) insert— "(ba) the information specified in section
173A (trust account details); and";
(c)
after sub-section (5)(d) insert— "(da) the information specified in section
173A (trust account details); and";
(d)
after sub-section (6)(c) insert— "(ca) the information specified in section
173A (trust account details); and";
(e)
after sub-section (7)(b) insert— "(ba) the information specified in section
173A (trust account details); and".
6. Inspection of the Register
After section 10(2) of the Principal Act insert—
"(3) Despite sub-section (1), information
specified in section 173A (trust account
details) that is on the Register is notavailable to the public.".
7. Trust account course only needs to be completed once
In section 23(2) of the Principal Act for paragraph (d) substitute—
Legal Practice (Amendment) Act 1998
Act No. 79/1998 s. 8 "(d) if the application is for a certificate that
authorises the receipt of trust money and the
applicant has not already held such a
certificate, must also be accompanied by
satisfactory evidence that the applicant has
completed a course of study (if any)
approved by the Board for the purposes ofthis Division.".
8. New sections 41A and 41B inserted
After section 41 of the Principal Act insert—
'41A. Variation of practising certificate
conditions pending criminal proceedings
(1) If a current practitioner has been charged
with a relevant offence but that charge has not been determined, the Board, the Legal Ombudsman or the RPA of which the
practitioner is a regulated practitioner may
apply to the Full Tribunal for an order under
sub-section (2).(2) On an application under sub-section (1), the Full Tribunal, if it considers it appropriate to do so, may make either or both of the
following orders—
(a) an order varying the conditions of the practitioner's practising certificate; or (b) an order imposing further conditions on the practitioner's practising certificate. (3) An order under sub-section (2) has effect until the sooner of—
(a)
the period specified by the Full Tribunal; or
(b)
if the practitioner is convicted of the relevant offence—28 days after the day of the conviction; or
Legal Practice (Amendment) Act 1998
| s. 9 | Act No. 79/1998 |
(c) if the charge is dismissed or the practitioner is found guilty without the recording of a conviction—the day of the dismissal or the decision not to record a conviction, as the case may be. (4) The Full Tribunal, on application by any party, may vary or revoke an order under sub-section (2) at any time.
(5) In this section—
"relevant offence" means—
(a) an offence against Division 2 of Part I of the Crimes Act 1958; or (b) another jurisdiction (whether in or
an offence against the law of opinion of the Full Tribunal, is equivalent to an offence against Division 2 of Part I of the Crimes Act 1958.
41B. Appeal to Court of Appeal
(1) Any party may appeal to the Court of
Appeal, on a question of law, from an order of the Full Tribunal under section 41A.
(2) If the Full Tribunal gives oral reasons for
making the relevant order and a party then
requests it to give written reasons under
section 409, the time for instituting the
appeal runs from the time when the party
receives the written reasons.'.
9. Professional indemnity insurance for foreign lawyers
In section 63ZA of the Principal Act for "that contains at least the minimum terms and conditions set by the Board under section 228(1)"
Legal Practice (Amendment) Act 1998
Act No. 79/1998 s. 10 substitute "on terms and conditions approved by
the Board".
10. Practice rules
(1) In section 74 of the Principal Act for sub-section
(3) substitute—
"(3) At least 21 days before a practice rule made
by it is to take effect, an RPA must publish a
copy of the rule in its official publication.".
(2) In section 74(4)(b) of the Principal Act for "once a
year" substitute "once every 3 years".
11. Information for clients
(1) In section 86 of the Principal Act—
(a)
in sub-section (1) for "Before being retained by a client to provide legal services, a legal practitioner or firm must give the prospective client a statement setting out" substitute "Before being retained by a client to provide legal services or as soon as practicable after being retained, a legal practitioner or firm must give the prospective client or client a concise written statement setting out";
(b) sub-section (2) is repealed;
(c)
in sub-section (3) for "As soon as practicable after being retained by a client to provide legal services, a legal practitioner or firm must give the client a concise written statement setting out" substitute "Before being retained by a client to provide legal services or as soon as practicable after being retained, a legal practitioner or firm must give the prospective client or client a concise written statement setting out".
(2) After section 86(3) of the Principal Act insert—
Legal Practice (Amendment) Act 1998
| s. 12 | Act No. 79/1998 |
"(4) The statements required by section 86(1) and
(3) may be combined into a single
statement.".
(3) In section 90(1) of the Principal Act—
(a) in paragraph (b)—
(i) after "received" insert "one or more";
(ii) omit "at least twice";
(b)
for paragraph (c) substitute— "(c) if the client is—
(i) a public company, a foreign
company, a subsidiary of a foreign
company or a registered
Australian body (within thea public company, a subsidiary of Law); or
(ii) a current practitioner or firm; or
(iii) members of which is a member of
the Australian Society of Certified
Practising Accountants, the
National Institute of Accountantsa partnership at least one of the Accountants Australia; or
(iv) a financial institution; or
(v) a trustee in their capacity as such;".
(4) In section 92 of the Principal Act for "must give to
a client at reasonable intervals written reports"
substitute ", if so requested by a client, must give
the client a written report".
12. Repeal of restrictions on legal costs connected with mortgages and loans
Legal Practice (Amendment) Act 1998
Act No. 79/1998 s. 13 Section 100 of the Principal Act is repealed.
13. Disputes with clients
(1) In section 122 of the Principal Act—
(a) in sub-section (1) for paragraph (a) "(a) a dispute in relation to legal costs not
exceeding $15 000 in respect of any
one matter—(i) between a legal practitioner or firm and a person who is charged with those costs or is liable to pay those costs (other than under a court or tribunal order for costs); or
(ii) firm and a beneficiary under a will
or trust in relation to which the
legal practitioner or firm has
provided legal services in respectbetween a legal practitioner or charged;";
(b) sub-section (2) is repealed.
(2) After section 123(4) of the Principal Act insert—
"(4A) If a request is made before proceedings referred to in sub-section (4) have been commenced but proceedings are then
commenced before the person commencing
them has notice of the request, the request
lapses on the commencement of theproceedings.".
(3) In the Principal Act—
Legal Practice (Amendment) Act 1998
| s. 14 | Act No. 79/1998 |
(a) in section 125(6) after "paid" insert "(after the deduction of any relevant government duties and bank or society charges and fees)"; (b) in section 128(2) for "30 days" substitute "60 days"; (c) in section 133(1) for paragraph (b) "(b) in a costs dispute—
(i) an order that the client pay the amount of legal costs in dispute or that the legal practitioner or firm reduce the amount of legal costs by a specified amount (not exceeding the amount in dispute);
(ii) an order that the client pay interest on the amount of legal costs in dispute at a rate not exceeding the rate for the time being fixed under section 2 of the Penalty Interest Rates Act 1983;".
(4) After section 133(3) of the Principal Act insert— "(4) If the Tribunal makes an order under sub-
section (1)(b)(ii), the interest is payable from
the day specified by the Tribunal, being aday on or after the later of—
(a)
the day on which the client initiated the dispute resolution process in respect of the costs dispute; and
(b)
30 days after payment of the costs in dispute was demanded.".
14. Disciplinary matters
Legal Practice (Amendment) Act 1998
Act No. 79/1998 s. 15 In section 137 of the Principal Act, in the
definition of "unsatisfactory conduct" after
paragraph (a) insert—"(ab) conduct by a legal practitioner or firm in the
course of engaging in legal practice that
would be regarded by a legal practitioner or
firm in good standing as being unacceptable,including—
(i) conduct unbecoming a legal
practitioner or firm;
(ii) unprofessional conduct; or".
15. New section 173A inserted
After section 173 of the Principal Act insert—
"173A. Trust account details to be notified to Board
(1) Within 14 days after opening a trust account
an approved clerk or a legal practitioner or
firm must notify the Board of the number of
the account and the name and address of the
branch of the bank or society at which the
account is kept.
Penalty: 50 penalty units.(2) An approved clerk or a legal practitioner or
firm must notify the Board of any changes to
the information notified to the Board under
sub-section (1) within 14 days after
becoming aware of the change.
Penalty: 50 penalty units.
(3) Nothing in this section applies to a separate trust account kept by a legal practitioner or firm on the instructions of any single client for the exclusive use of that client.".
16. Statutory deposit
Legal Practice (Amendment) Act 1998
| s. 17 | Act No. 79/1998 |
In section 179 of the Principal Act for sub-section
(5) substitute—
"(5) Nothing in this section applies to a separatetrust account kept by a practitioner or firm on the instructions of any single client, or two or more clients if the Board so approves,
for the exclusive use of that client or those
clients.".
17. New section 182A inserted
After section 182 of the Principal Act insert—
"182A. Board may require information about trust
account balances
(1) A legal practitioner or firm or an approved
clerk must, at the Board's request, inform the maintained by the practitioner, firm or clerk. (2) Sub-section (1) does not apply to a separate
trust account kept by a practitioner or firm
on the instructions of any single client for the
exclusive use of that client.".
18. Annual trust account audit report
In section 184(3) of the Principal Act after "trust money" (where secondly occurring) insert "in their trust account".
19. Fidelity fund claims
(1) In section 208(3) of the Principal Act for
paragraph (b) substitute—
"(b) in respect of a defalcation of, or in relation
to, any money given to a practitioner, a firm
or a partner of a firm for the purpose of
investment or re-investment by the
practitioner, firm or partner, other than an
investment or re-investment that is—
Legal Practice (Amendment) Act 1998
Act No. 79/1998 s. 19 (i) merely incidental to the legal practice of the practitioner, firm or partner; or
(ii) made or to be made in the course of or in connection with the administration of the estate of a deceased person or of a represented person or protected person within the meaning of the Guardianship and Administration Act 1986; or".
(2) In section 212 of the Principal Act for sub-
sections (2) and (3) substitute—
"(2) A person is not entitled to commence aproceeding referred to in sub-section (1) without the leave of the Board, unless—
(a) the Board has disallowed the claim wholly or partly; and (b) the person has exhausted all other rights of action and other legal remedies in respect of the loss the subject of the claim. (3) In addition, a person is not entitled without
leave of the court to commence a proceeding
referred to in sub-section (1) if 3 months or
more have elapsed since the person was
given written notice by the Board of the
disallowance of the claim.
(4) In deciding whether or not to give leave
under sub-section (3), the court must take
into account the reasons for the delay,
including whether the delay was necessary to
enable the person to comply with sub-section
(2)(b).".
(3) At the end of section 214 of the Principal Act
insert—
Legal Practice (Amendment) Act 1998
| s. 20 | Act No. 79/1998 |
"(2) In calculating for the purposes of sub-section
(1) the amount of money received by a
person in reduction of loss, account must be
taken of any money paid to the person by the
practitioner or firm (whether as repayment of
capital or otherwise) in relation to the money
or other property the subject of the claim that
is derived from trust money or other property
held by the practitioner or firm, but not
including any income on the money or other
property the subject of the claim actually
received by the practitioner or firm and paid
to the person.".
20. Professional indemnity insurance
(1) In the Principal Act—
(a) in section 224—(i) in sub-section (2) omit "or another insurer";
(ii) in sub-section (3)(a) omit "and" where last occurring;
(iii) in sub-section (3) paragraph (b) is repealed;
(b) in section 225—
(i) in sub-section (2) omit "or another insurer";
(ii) in sub-section (3)(a) omit "and" where last occurring;
(iii) in sub-section (3) paragraph (b) is repealed.
(2) In section 226 of the Principal Act for sub-section (2) substitute—
Legal Practice (Amendment) Act 1998
Act No. 79/1998 s. 21 "(2) Unless the practitioner intends to practise as
a barrister only, the insurance must be
obtained with the Liability Committee.".
(3) In section 226(3) of the Principal Act—
(a)
in paragraph (a) omit "and" where last occurring;
(b) paragraph (b) is repealed.
(4) In section 227 of the Principal Act for sub-section
(2) substitute—
"(2) The insurance must be—
(a)
obtained with the Liability Committee, except in the case of a sole practitioner who practises as a barrister only;
(b)
in the case of a sole practitioner who practises as a barrister only, obtained on terms and conditions approved by the Board.".
21. New section 227A inserted
After section 227 of the Principal Act insert—
"227A. Trade Practices Act and Competition Code For the purposes of the Trade Practices Act 1974 of the Commonwealth and the
Competition Code, the entering into and performance of a contract of professional indemnity insurance by a person or firm and
the Liability Committee under section 224, 225, 226 or 227 is authorised by this Act.".
22. Further professional indemnity insurance
amendments
Legal Practice (Amendment) Act 1998
| s. 23 | Act No. 79/1998 |
(1) In section 228 of the Principal Act sub-sections (1), (2) and (3) are repealed.
(2) In section 228 of the Principal Act for sub-section
(4) substitute—
"(4) The Liability Committee, with the approval
of the Board, may determine the
arrangements for, including the terms of
contracts of, professional indemnity
insurance for persons and firms that insurewith it.".
(3) After section 228(5)(e) of the Principal Act
insert—
"(f) whether the amount standing to the credit of
the Liability Fund is likely to be sufficient to
meet the liabilities to which it is subject.".
(4) In section 229 of the Principal Act—
(a)
in sub-section (1) after "Victoria" insert "on terms and conditions approved by the Board";
(b) sub-section (2) is repealed;
(c)
in sub-section (3) after "practitioner" (where secondly occurring) insert "in fulfilment of their obligation under sub-section (1)".
(5) In section 229A of the Principal Act omit "or
from any of the minimum terms and conditions of
that insurance".
23. New section 233A inserted
After section 233 of the Principal Act insert—
"233A. Levies
(1) If the Liability Committee is at any time of the opinion that the amount standing to the credit of the Liability Fund is likely to be
insufficient to meet the liabilities to which it
Legal Practice (Amendment) Act 1998
Act No. 79/1998 s. 24
is subject, the Liability Committee, with the contract of professional indemnity insurance with the Liability Committee at any time within the previous 12 months.
approval of the Board, may determine the
amount of a levy to be paid to the Liability(2) In determining the amount of the levy, the
Liability Committee must take into account the factors set out in section 228(5).
(3) A person or firm referred to in sub-section
(1) must pay the levy to the Liability fixed by the Liability Committee. (4) The Liability Committee may, in a special
case, allow further time for the payment of a
levy or of a part of a levy.
(5) The amount of a levy that is not paid by a
person or firm in accordance with this
section is recoverable in the Magistrates'
Court from that person or firm by the
Liability Committee as a debt.".
24. Functions of Liability Committee
In section 236 of the Principal Act—
(a) in sub-section (1)—
(i) in paragraph (a) omit "for firms, legal and foreign practitioners";
(ii) in paragraph (b) omit "entered into practitioners and foreign practitioners";
(b) sub-section (4) is repealed.
25. Business names of incorporated practitioners to be included on Register
Legal Practice (Amendment) Act 1998
| s. 26 | Act No. 79/1998 |
In the Principal Act—
(a)
after section 289(2)(c) insert— "(ca) any business name under which the
applicant intends to engage in legal
practice; and";
(b)
after section 291(2)(a) insert— "(ab) any business name under which the
incorporated practitioner intends to
engage in legal practice; and";
26. Delegation by RPAs
In section 313 of the Principal Act for sub-section
(1) substitute—"(1) An RPA may delegate in writing to an
officer, an employee or the members of a
committee of the RPA any of its powers orfunctions under—
(a)
Division 4 of Part 2 (practising certificates);
(b) Part 2A (interstate practice);
(c) Part 2B (practice of foreign law);(d) Part 5 (disputes and discipline);
(e)
Part 6 (client's money and trust accounts);
(f) Part 9 (receivers and managers).".
27. New section 330A inserted
After section 330 of the Principal Act insert—
"330A. Board may require information and
documents from conveyancers
(1) The Board may, by written notice, require a
conveyancer to give the Board any
information or documents reasonably
Legal Practice (Amendment) Act 1998
Act No. 79/1998 s. 28 required by the Board to determine whether
or not the conveyancer has complied with
section 330.(2) A conveyancer must comply with a notice
under sub-section (1).
Penalty: 50 penalty units.".
28. Delegation by the Board
In section 361 of the Principal Act for sub-section
(2) substitute—"(2) The Board may delegate in writing to a
member, an employee or the members of a
committee of the Board any of its powers orfunctions under—
(a)
section 3(3) (exemption of approved auditors);
(b)
Division 4 of Part 2 (practising certificates);
(c) Part 2A (interstate practice);
(d) Part 2B (practice of foreign law);(e) Part 5 (disputes and discipline);
(f) accounts) except section 176
Part 6 (client's money and trust societies);
(g)
section 211 (determination of Fidelity Fund claims);
(h) Part 9 (receivers and managers);
(i) Part 10 (incorporated practitioners).".
29. Protection of lawyers assisting the Tribunal
Legal Practice (Amendment) Act 1998
| s. 30 | Act No. 79/1998 |
In section 406(2) of the Principal Act after "legal
practitioner" (where first occurring) insert"assisting the Tribunal or a legal practitioner".
30. New section 425A inserted
After section 425 of the Principal Act insert—
"425A. Delegation
(1) Subject to sub-section (2), the Legal
Ombudsman may delegate in writing to an employee referred to in section 425(1) any power or function of the Legal Ombudsman
under Part 5 (disputes and discipline).(2) A delegation under sub-section (1) cannot be
made to an employee who is not eligible to
be appointed as Legal Ombudsman.".
31. New Division 2A of Part 19 inserted
After Division 2 of Part 19 of the Principal Act insert—
"Division 2A—Investigation of offences 441A. Board may appoint person to investigate If the Board reasonably suspects that an
offence has been committed under this Act
(other than an offence under Part 6), theBoard may appoint a person—
(a) who is an employee of the Board; or
(b)
who in the opinion of the Board is an appropriate person to conduct an investigation under this Division—
to investigate the offence.
441B. Assistance with investigation
Legal Practice (Amendment) Act 1998
Act No. 79/1998 s. 31 (1) For the purposes of an investigation under this Division, a person must—
(a) produce for inspection or copying by the inspector any records reasonably required by the inspector; and (b) give the inspector any other requires.
Penalty: 50 penalty units.
(2) A person may not refuse to comply with sub- section (1)—
(a) on the ground of legal professional privilege or any other duty of confidence; or (b) on the ground that the production of the record or giving of the information may tend to incriminate them. (3) If a person, before producing a record or
giving information, objects to the inspector
on the ground that the production of the
record or giving of the information may tend
to incriminate them, the record or
information is inadmissible in evidence in
any proceeding against them for an offence,
other than an offence in relation to the giving
of false or misleading information.
(4) An inspector may retain for a reasonable
period and may make copies of, or take
extracts from, any documents produced or
given to the inspector in the course of an
investigation under this Division.
(5) A financial institution, despite any duty of
confidence to the contrary, must without
charge—
Legal Practice (Amendment) Act 1998
| s. 31 | Act No. 79/1998 |
(a) produce for inspection or copying by are reasonably required by the inspector for the purposes of an investigation under this Division; and
(b) information he or she reasonably
give the inspector any other investigation.
Penalty: 50 penalty units.
441C. Power of entry with warrant
(1) An inspector may apply to a magistrate for the issue of a search warrant in relation to any premises, or part of any premises, if the
inspector—
(a) reasonably suspects that an offence under this Act (other than an offence under Part 6) has been committed; and (b) believes on reasonable grounds that there may be on those premises, or that part, any article, document or thing that may afford evidence as to the commission of that offence. (2) If the magistrate to whom the application is
made is satisfied by evidence on oath,
whether oral or by affidavit, that there are
reasonable grounds for doing so, the
magistrate may issue a search warrant.
(3) A search warrant issued under this section must be directed to the applicant for it and must authorise them, and any assistants they
reasonably require, to enter the premises, or the part of the premises, named or described in the warrant to search for any article,
document or thing of a kind named or
Legal Practice (Amendment) Act 1998
Act No. 79/1998 s. 31 described in the warrant that there is
reasonable ground to believe will afford
evidence as to the commission of an offence
under this Act (other than an offence underPart 6).
(4) In addition to any other requirement, a
search warrant issued under this section must
state—
(a)
any conditions to which the warrant is subject; and
(b)
whether entry is authorised to be made at any time of the day or night or during stated hours of the day or night; and
(c)
a date, not being later than 7 days after the date of issue of the warrant, on which the warrant ceases to have effect.
(5) A search warrant must be issued in
accordance with the Magistrates' Court Act
1989 and in the form prescribed under thatAct.
(6) The rules to be observed with respect to
search warrants mentioned in the apply to warrants under this section.
441D. Inspector must report on investigation
As soon as practicable after completing an investigation under this Division, an inspector must give a written report on the result of the investigation to the Board.
441E. Secrecy
(1) An inspector must not disclose information
acquired in the course of an investigation
under this Division except—
Legal Practice (Amendment) Act 1998
| s. 32 | Act No. 79/1998 |
(a) as is necessary for the purpose of conducting the investigation and making the report of the investigation; or
(b) as is permitted by sub-section (2); or
(c)
with the consent of the person to whom the information relates.
Penalty: 100 penalty units.
(2) An inspector may disclose information
acquired in the course of an investigation—
(a) to a member of the police force, if the inspector reasonably suspects that an offence has been committed; (b) proceedings arising out of the
to the Board, in connection with any the subject of the investigation;
(c) to a court—
(i) in connection with any
prosecution for an offence under
this Act; or(ii) if required by the court to do so, in connection with a prosecution for an offence under any other Act;
(d)
to the Tribunal in connection with any proceeding in the Tribunal under this Act.".
32. Supreme Court—limitation of jurisdiction
At the end of section 444 of the Principal Act
insert—"(2) It is the intention of section 212(2) as
substituted by section 19(2) of the Legal
Practice (Amendment) Act 1998 to alter or
Legal Practice (Amendment) Act 1998
Act No. 79/1998 s. 34 vary section 85 of the Constitution Act
1975.".
33. Amendments to Schedule 2
(1) After clause 20 of Schedule 2 to the Principal Act
insert—
"20A. Time for bringing disputes
(1) Section 123(4A) of this Act applies to requests made
in relation to disputes arising on or after the
commencement of section 13(2) of the Legal
Practice (Amendment) Act 1998.
(2) Section 128(2) of this Act as amended by section
13(3)(b) of the Legal Practice (Amendment) Act
1998 applies to any dispute in relation to which a
notice was received under section 128(1) of this
Act—
(a)
on or after the commencement of section 13(3)(b) of the Legal Practice (Amendment) Act 1998; or
(b) within 30 days before that commencement.".
(2) After clause 32 of Schedule 2 to the Principal Act
insert—
"32A. Fidelity Fund claims
Sections 208(3)(b) and 212(2) of this Act as substituted by section 19 of the Legal Practice (Amendment) Act 1998 apply to defalcations that occur on or after the day on which section 19 of the Legal Practice (Amendment) Act 1998 comes into operation and sections 208(3)(b) and 212(2) as in force immediately before that day continue to apply in respect of defalcations that occurred before that day.".
(3) In Schedule 2 to the Principal Act clauses 34, 35 and 38 are repealed.
34. Statute law revision
In section 317(4)(b) of the Principal Act for "and" substitute "or".
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Legal Practice (Amendment) Act 1998
| Notes | Act No. 79/1998 |
NOTES
†
Minister's second reading speech—
Legislative Assembly: 3 September 1998
Legislative Council: 21 October 1998
The long title for the Bill for this Act was "to amend the Legal Practice
Act 1996 with respect to professional indemnity insurance and othermatters and for other purposes."
Constitution Act 1975:
Section 85(5) statement:
Legislative Assembly: 3 September 1998
Legislative Council: 21 October 1998
Absolute majorities:
Legislative Assembly: 7 October 1998
Legislative Council: 27 October 1998
0
0
0