Legal Practice (Professional Indemnity Insurance) Amendment Regulations 2005 (WA)
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WESTERN 2053 AUSTRALIAN GOVERNMENT
| ISSN 1448-949X |
PERTH, TUESDAY, 10 MAY 2005 No. 91 SPECIAL PUBLISHED BY AUTHORITY JOHN A. STRIJK, GOVERNMENT PRINTER AT 3.45 PM
© STATE OF WESTERN AUSTRALIA
LEGAL PRACTICE ACT 2003
_________
LEGAL PRACTICE
(PROFESSIONAL INDEMNITY
INSURANCE) AMENDMENT
REGULATIONS 2005
10 May 2005 GOVERNMENT GAZETTE, WA 2055 Legal Practice Act 2003
Legal Practice (Professional Indemnity
Insurance) Amendment Regulations 2005
Made by the Governor in Executive Council.
1. Citation
These regulations are the Legal Practice (Professional
Indemnity Insurance) Amendment Regulations 2005.
2. The regulations amended
The amendments in these regulations are to the Legal Practice
(Professional Indemnity Insurance) Regulations 1995*.[* Reprint 1 as at 27 August 2004. For amendments to 3 May 2005 see Western Australian
Legislation Information Tables for 2004, Table 4, p. 215.]
3. Regulation 11 amended
(1) Regulation 11 is amended as follows:
(a)
by inserting before “The” the subregulation designation “(1)”;
2056 GOVERNMENT GAZETTE, WA 10 May 2005 Legal Practice (Professional Indemnity Insurance) Amendment
Regulations 2005
r. 3
(b) by deleting paragraph (g) and inserting instead — “
(g)
practitioners who practise as such as partners or employees of a national partnership which —
(i) not later than 1 December in any year, evidence satisfactory to the Law Society Council that the insurance has been taken out, not later than the renewal day in the following year;
gives an undertaking to the Law Society
Council that the partnership will take(ii) complies with the undertaking referred to in subparagraph (i); and
(iii) maintains that insurance;
(h) practitioners who practise as such as legal practitioner directors, officers, or employees, of a national incorporated legal practice which — (i) not later than 1 December in any year, gives an undertaking to the Law Society Council that the incorporated legal practice will take out national insurance, and provide evidence satisfactory to the Law Society Council that the insurance has been taken out, not later than the renewal day in the following year;
(ii) complies with the undertaking referred to in subparagraph (i); and
(iii) maintains that insurance.
”.
10 May 2005 GOVERNMENT GAZETTE, WA 2057 Legal Practice (Professional Indemnity Insurance) Amendment
Regulations 2005
r. 3
(2) At the end of regulation 11 the following subregulation is
inserted —“
(2) In this regulation — “national incorporated legal practice” means an incorporated legal practice —
(a)
the business of which is primarily conducted in a State or States other than this State; and
(b)
all or the majority of whose directors are based in a State other than this State;
“national insurance” means a policy of insurance —
(a) that provides the same or a higher minimum level of indemnity as a policy of insurance under the arrangements; and (b) the terms of which are —
(i) broadly equivalent to a policy of insurance under the arrangements; and (ii) approved by the Law Society Council as being so;
“national partnership” means a partnership —
(a)
the business of which is primarily conducted in a State or States other than this State; and
(b)
all or the majority of whose partners are based in a State other than this State;
“renewal day” has the meaning given to that term in
regulation 9(1).
”.
By Command of the Governor,
M. C. WAUCHOPE, Clerk of the Executive Council.
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