Legal Practice Board Amendment Rules (No. 3) 2007 (WA)

5980 GOVERNMENT GAZETTE, WA 7 December 2007

Rules (NO. 3) 2007.

JU301*

Legal Practice Act 2003

Legal Practice Board Amendment

Rules (No. 3) 2007

Made by the Legal Practice Board under section 252.

1.            Citation

These rules are the Legal Practice Board Amendment

7 December 2007 GOVERNMENT GAZETTE, WA 5981

2.            Commencement

These rules come into operation as follows:

(a)	rules 1 and 2 - on the day on which these rules are published in the Gazette.
(b)	the rest of the rules - on the day after that day.

3.            The rules amended

The amendments in these rules are to the Legal Practice
Board Rules 2004.

4.            Rule 44A inserted

After rule 44 the following rule is inserted -

44A.	Replacement practice certificate
(1)	The Board may, on the application of a legal practitioner, issue a duplicate practice certificate to replace a practice certificate that has been lost, stolen or destroyed.
(2)	An application for the purposes of subrule (1) is to be made in writing and be accompanied by payment of a fee of $50.

5.            Rule 70A inserted

After rule 70 the following rule is inserted -

70A. Evidentiary certificate

(1) The Board may, on the application of a legal

practitioner, issue to the practitioner a certificate setting

out the following information to the extent that it is

known to the Board -

(a) the practitioner's date of admission; and

(b) whether the practitioner's name is on the Roll

of Practitioners; and

(c) if the practitioner's name is on the Roll,

whether the practitioner -

(i)     holds a current practice certificate; or

(ii) is taken to be a certificated practitioner under section 36 of the Act; or

(iii)     is an interstate practitioner; or

(iv)     is not a certificated practitioner;

and

(d) whether the practitioner's entitlement to

practise in this State is subject to any conditions
or restrictions or is suspended; and

5982 GOVERNMENT GAZETTE, WA 7 December 2007

(e) whether any adverse findings have been made in relation to the practitioner, and if they have, details of those finding; and

(0 whether there are any complaints about the

conduct of the practitioner that have been made
to the Complaints Committee but have not yet

been dealt with by the Committee.

(2) In subrule (1) —

"adverse finding", in relation to a practitioner, means
a finding, determination, order or other decision of
the Complaints Committee, State Administrative

Tribunal or Supreme Court that —

(a)	relates to the practitioner's professional conduct; and
(b)	is adverse to the practitioner.

(3) An application for the purposes of subrule (1) is to be made in writing and be accompanied by payment of a fee of $100.

(4) A certificate issued under this rule may include any

other information that the Board considers it

appropriate to include.

Made by the Legal Practice Board under section 252.

JOHN G. SYMINTON, Member.
IAN WELDON, Member.
ROBERT E. COCK, Member.

ANNA M. LISCIA, Member.