Legal Practice (Validations) Act 2003 (Vic)

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Legal Practice (Validations) Act 2003

Act No. 42/2003

TABLE OF PROVISIONS

Section Page

1. Purpose 1
2. Commencement 1
3. Transitional delegation powers 2

17A. Delegation of transitional powers and functions 2

4. Validation of delegations and other actions 2

17B. Validation of delegations of transitional powers and

functions by the Bar 2
17C.

Bar officers etc. acting without valid delegations 3
17D.

Society officers etc. acting without valid delegations 3
17E.

Validation of delegations by Bar resolution 4
17F.

Validation of delegations by Society resolution 5

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ENDNOTES 7

i

Victoria

No. 42 of 2003

Legal Practice (Validations) Act 2003†

[Assented to 11 June 2003]

The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to amend the Legal Practice Act 1996 to validate certain delegations and other actions purportedly made or taken under that Act.

2. Commencement
(1) This Act, except section 3, comes into operation
on the day on which it receives the Royal Assent.
(2) Section 3 is deemed to have come into operation
on 1 January 1997.
Legal Practice (Validations) Act 2003

Act No. 42/2003 s. 3

3. Transitional delegation powers

See

After clause 17 in Schedule 2 to the Legal Act No.
Practice Act 1996 insert— 35/1996.
Reprint No. 3
"17A. Delegation of transitional powers and functions as at
6 June 2002

(1) The Bar may delegate in writing to an officer, an and
employee or the members of a committee of the Bar amending

any of its powers or functions under Part IIA of the

Act No. 23/2002.
old Act, as that Part applies in accordance with LawToday:
clause 21(1).
dpc.vic.
(2) The Society may delegate in writing to an officer, an gov.au

employee or the members of a committee of the Society any of its powers or functions under—

(a)
Division 2, 4 or 5 of Part IIIA of the old Act, as clause 20(1);

(b)
Division 3, 4 or 5 of Part IIIA of the old Act, as clause 21(3).".

4. Validation of delegations and other actions
After clause 17A in Schedule 2 to the Legal
Practice Act 1996 insert—
"17B. Validation of delegations of transitional powers and
functions by the Bar
The resolution of the Victorian Bar Council on the Bar under Part IIA of the old Act, as that Part applies in accordance with clause 21(1).
20 December 1996 purporting to delegate powers
under clause 21 to members of the Ethics Committee
of the Bar is deemed to have been, during the period
commencing on and including 1 January 1997 and
ending on 6 February 2003, a delegation in writing
made on 1 January 1997 by the Bar under
clause 17A(1) delegating to members of the Ethics

Legal Practice (Validations) Act 2003

s. 4	Act No. 42/2003

17C. Bar officers etc. acting without valid delegations
The purported exercise of a power or performance of
a function of the Bar under section 29 (Issue or refusal
of practising certificates or variation of conditions) on
behalf of the Bar by an officer or employee of the Bar
on or after 1 January 1997 and before the day on
which the Legal Practice (Validations) Act 2003
received the Royal Assent is not, and never was,
invalid only because the Bar did not delegate the
power or function to the officer or employee under
this Act.

17D. Society officers etc. acting without valid delegations

(1) Sub-clause (2) applies to the purported exercise of a
power or performance of a function of the Society
under—

(a)
Division 2, 4 or 5 of Part IIIA of the old Act, as clause 20(1); or

(b)
Division 3, 4 or 5 of Part IIIA of the old Act, as clause 21(3); or

(c)

section 29 (Issue or refusal of practising certificates or variation of conditions); or
(d) section 138 (Who may complain?); or

(e)

section 144 (RPA or Board may refer complaints to Legal Ombudsman); or

(f)

section 316 (Injunction restraining unqualified practice); or

(g)

section 321 (Orders prohibiting employment or engagement of certain persons)—
on behalf of the Society by an officer, employee or
the members of a committee of the Society on or after
1 January 1997 and before the day on which the Legal
Practice (Validations) Act 2003 received the Royal
Assent.

(2) The purported exercise of a power or performance of
a function referred to in sub-clause (1) is not, and
never was, invalid only because—

Legal Practice (Validations) Act 2003

Act No. 42/2003 s. 4

(a)

the Society did not delegate the power or function to the officer, employee or members of the committee under this Act; or

(b)

the Society did not have power to delegate the power or function to the officer, employee or members of the committee under this Act.

(3) The purported exercise or performance, on or after
1 January 1997 and before 21 January 1999, of a
power or function of an inspector under Division 5 of
Part 6 by a person purporting to be an inspector
appointed by the Society under section 192 is not, and
never was, invalid only because—

(a) the Society did not have power to delegate the power to appoint the person as an inspector to the person who purported to appoint them as
such; or

(b)

the appointment of the person as an inspector was not in writing.

(4)

The purported exercise or performance, on or after 21 January 1999 and before 20 January 2003, of a power or function of an inspector under Division 5 of

Part 6 by a person purporting to be an inspector appointed by the Society under section 192 is not, and never was, invalid only because the appointment of the person as an inspector was not in writing.
17E. Validation of delegations by Bar resolution

(1)

Except as provided by sub-clause (2), any resolution of the Victorian Bar Council before 1 January 1997 purporting or resolving to delegate under section 313
powers or functions to an officer, employee or the
members of a committee of the Victorian Bar Council
or Bar is deemed to be, and since 1 January 1997
always to have been, a delegation in writing made on
1 January 1997 by the Bar under section 313(1).
(2) Sub-clause (1) does not apply to the resolution by the
Victorian Bar Council on 20 December 1996 to the
extent that it purported to delegate powers under
clause 21 to members of the Ethics Committee of the
Bar.

Legal Practice (Validations) Act 2003

s. 4	Act No. 42/2003

(3) Any resolution of the Council of the Bar on or after
1 January 1997 and before 7 February 2003
purporting or resolving to delegate under section 313
powers or functions to an officer, employee or the
members of a committee of the Bar is deemed to be,
and always to have been, a delegation in writing to the
officer, employee or members of the committee by the
Bar under section 313(1) made on the date of the
resolution.
(4) The Bar is deemed to have given written notice to the
Board of any delegation made under section 313(1)
before the day on which the Legal Practice
(Validations) Act 2003 received the Royal Assent,
including any delegation deemed by this clause to
have been made under section 313(1), and of any
revocation or variation of any delegation before that
day, as soon as practicable after making the
delegation, revocation or variation.
17F. Validation of delegations by Society resolution

(1) Any resolution of the Executive of the Institute before
1 January 1997 purporting or resolving to delegate
under section 313 powers to an officer, employee or
the members of a committee of the Institute or Society
is deemed to be, and since 1 January 1997 always to
have been, a delegation in writing made on 1 January
1997 by the Society under section 313(1).
(2) Except as provided in sub-clause (3), any resolution
of the Council of the Society on or after 1 January
1997 and before 3 June 2002 purporting or resolving
to delegate under section 313 powers or functions to
an officer, employee or the members of a committee
of the Society is deemed to be a delegation in writing
to the officer, employee or members of the committee
by the Society under section 313(1) made on the date
of the resolution.

(3) Nothing in sub-clause (2) affects the rights of the
parties in the proceedings in the Supreme Court
known as "B" a solicitor and "G" a solicitor v
Victorian Lawyers RPA Limited and Legal Profession
Tribunal (No. 8739 of 2001 and No. 8763 of 2001).

Legal Practice (Validations) Act 2003

Act No. 42/2003 s. 4

(4) The Society is deemed to have given written notice to
the Board of any delegation made under
section 313(1) before the day on which the Legal
Practice (Validations) Act 2003 received the Royal
Assent, including any delegation deemed by this
clause to have been made under section 313(1), and of
any revocation or variation of any delegation before
that day, as soon as practicable after making the
delegation, revocation or variation.".

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Legal Practice (Validations) Act 2003

Endnotes

Act No. 42/2003

ENDNOTES

†
Minister's second reading speech—
Legislative Council: 27 February 2003
Legislative Assembly: 29 April 2003
The long title for the Bill for this Act was "to amend the Legal Practice
Act 1996 to validate certain delegations and other actions purportedly
made or taken under that Act and for other purposes."

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Legal Practice (Validations) Act 2003 (Vic)

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1.	Purpose	1
2.	Commencement	1
3.	Transitional delegation powers	2
17A.	Delegation of transitional powers and functions	2
4.	Validation of delegations and other actions	2

After clause 17 in Schedule 2 to the Legal	Act No.
Practice Act 1996 insert—	35/1996. Reprint No. 3
"17A. Delegation of transitional powers and functions	as at 6 June 2002

(1)	The Bar may delegate in writing to an officer, an	and
employee or the members of a committee of the Bar	amending
any of its powers or functions under Part IIA of the	Act No. 23/2002.
old Act, as that Part applies in accordance with	LawToday:
clause 21(1).	dpc.vic.
(2)	The Society may delegate in writing to an officer, an	gov.au
employee or the members of a committee of the Society any of its powers or functions under—

(1)	Sub-clause (2) applies to the purported exercise of a power or performance of a function of the Society under—
(a)

(e)	section 144 (RPA or Board may refer complaints to Legal Ombudsman); or
(f)	section 316 (Injunction restraining unqualified practice); or
(g)	section 321 (Orders prohibiting employment or engagement of certain persons)—

(a)	the Society did not delegate the power or function to the officer, employee or members of the committee under this Act; or
(b)	the Society did not have power to delegate the power or function to the officer, employee or members of the committee under this Act.
(3)	The purported exercise or performance, on or after 1 January 1997 and before 21 January 1999, of a power or function of an inspector under Division 5 of Part 6 by a person purporting to be an inspector appointed by the Society under section 192 is not, and never was, invalid only because—
(a)	the Society did not have power to delegate the power to appoint the person as an inspector to the person who purported to appoint them as

(b)	the appointment of the person as an inspector was not in writing.
(4)	The purported exercise or performance, on or after 21 January 1999 and before 20 January 2003, of a power or function of an inspector under Division 5 of
Part 6 by a person purporting to be an inspector appointed by the Society under section 192 is not, and never was, invalid only because the appointment of the person as an inspector was not in writing.

(1)	Except as provided by sub-clause (2), any resolution of the Victorian Bar Council before 1 January 1997 purporting or resolving to delegate under section 313
powers or functions to an officer, employee or the members of a committee of the Victorian Bar Council or Bar is deemed to be, and since 1 January 1997 always to have been, a delegation in writing made on 1 January 1997 by the Bar under section 313(1).
(2)	Sub-clause (1) does not apply to the resolution by the Victorian Bar Council on 20 December 1996 to the extent that it purported to delegate powers under clause 21 to members of the Ethics Committee of the Bar.