Legal Practitioners Act 1981 (SA)

South Australia

Legal Practitioners Act 1981

An Act to regulate the practice of law; and for other purposes.

The Parliament of South Australia enacts as follows:

Part 1Preliminary1Short title

This Act may be cited as the Legal Practitioners Act 1981.

5Interpretation

1. (1)

   In this Act, unless the contrary intention appears—

amend includes—

1. (a)

   in relation to a practising certificate—

   1. (i)

      impose a condition on the certificate; and

   2. (ii)

      amend or revoke a condition already imposed on the certificate; and

2. (b)

   in relation to registration as a foreign lawyer—

   1. (i)

      amend the lawyer's registration certificate; and

   2. (ii)

      impose a condition on the registration; and

   3. (iii)

      amend or revoke a condition already imposed on the registration;

associate—see section 5A;

Associate Justice means an Associate Justice of the Supreme Court;

Australian Government Solicitor means the Australian Government Solicitor constituted under the Judiciary Act 1903 of the Commonwealth and includes any person authorised by or under that Act to act in the name of the Australian Government Solicitor;

Australian-registered foreign lawyer means a locally registered foreign lawyer or an interstate-registered foreign lawyer;

Chief Executive of the Society means the principal executive officer employed by the Society and includes any person who is, for the time being, discharging the duties of that officer;

Chief Justice means the Chief Justice of the Supreme Court and includes an acting Chief Justice of the Supreme Court;

the combined trust account means the Legal Practitioners Combined Trust Account maintained by the Society under Part 4;

Commissioner means the person holding or acting in the office of Legal Profession Conduct Commissioner under Part 6 Division 2;

community legal centre means a body that provides legal services to the community, or a section of the community, on a non‑profit basis, and includes the Aboriginal Legal Rights Movement, but does not include the Legal Services Commission;

conduct of a legal practitioner includes any act or omission by the legal practitioner;

conviction includes a formal finding of guilt;

corporation means—

1. (a)

   a company within the meaning of the Corporations Act 2001 of the Commonwealth; or

2. (b)

   any other body corporate, or body corporate of a kind, prescribed by the regulations;

corresponding authority means—

1. (a)

   a person or body having powers or functions under a corresponding law; or

2. (b)

   when used in the context of a person or body having powers or functions under this Act (the local authority)—

   1. (i)

      a person or body having corresponding powers or functions under a corresponding law; and

   2. (ii)

      without limiting subparagraph (i), if the powers or functions of the local authority relate to local legal practitioners generally or are limited to any particular class of local legal practitioners—a person or body having corresponding powers or functions under a corresponding law regardless of whether they relate to interstate legal practitioners generally or are limited to any particular class of interstate legal practitioners;

corresponding disciplinary body means—

1. (a)

   a court or tribunal having powers or functions under a corresponding law that correspond to any of the powers and functions of the Tribunal; or

2. (b)

   the Supreme Court of another jurisdiction exercising—

   1. (i)

      its inherent jurisdiction or powers in relation to the control and discipline of legal practitioners; or

   2. (ii)

      its jurisdiction or powers to make orders under a corresponding law of the other jurisdiction in relation to legal practitioners;

corresponding law means the following:

1. (a)

   a law of another jurisdiction that corresponds to the relevant provisions of this Act or, if a regulation is made declaring a law of the other jurisdiction to be a law that corresponds to this Act, the law declared under that regulation for the other jurisdiction;

2. (b)

   if the term is used in relation to a matter that happened before the commencement of the law of another jurisdiction that, under paragraph (a), is the corresponding law for the other jurisdiction, a previous law applying to legal practice in the other jurisdiction;

the Council means the council of the Law Society;

director, in relation to—

1. (a)

   a company within the meaning of the Corporations Act 2001 of the Commonwealth—means a director as defined in section 9 of that Act; or

2. (b)

   any other body corporate, or body corporate of a kind, prescribed by the regulations—means a person specified or described in the regulations;

document means book, file, account, paper (including a security or any instrument) or any record of information, whether in writing or accessible only through the use of a computer or other device;

domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;

elective officer of the Society means an officer of the Society elected by the members of the Society in accordance with its rules;

Fidelity Fund means the Legal Practitioners Fidelity Fund maintained by the Society under Part 4;

fiduciary or professional default in relation to a legal practitioner means—

1. (a)

   any defalcation, misappropriation or misapplication of trust money received in the course of legal practice by the legal practitioner or an incorporated legal practice or firm of which the legal practitioner is a member; or

2. (b)

   any wrongful or negligent act or omission occurring in the course of the practice of the legal practitioner, or an incorporated legal practice or firm of which the legal practitioner is a member,

whether committed by the legal practitioner, an employee of the legal practitioner or any other person;

foreign country means—

1. (a)

   a country other than Australia; or

2. (b)

   a state, province or other part of a country other than Australia;

foreign law means law of a foreign country;

home jurisdiction—see section 5B;

incorporated legal practice has the same meaning as in Schedule 1;

interstate legal practitioner means a natural person—

1. (a)

   who has been admitted as a legal practitioner in a participating State; and

2. (b)

   who holds an interstate practising certificate issued or given by a regulatory authority in that State or is entitled by admission or otherwise to practise the profession of the law in that State; and

3. (c)

   who is not a local legal practitioner; and

4. (d)

   whose principal place of legal practice is not this State;

interstate practising certificate means a certificate or other form of authorisation issued by a regulatory authority in a participating State that confers an authority to practise the profession of the law in that State, whether that authority is general or subject to limitations or conditions;

interstate-registered foreign lawyer means a person who is registered as a foreign lawyer under a corresponding law;

jurisdiction means a State or Territory of the Commonwealth;

law practice means—

1. (a)

   a legal practitioner who is a sole practitioner; or

2. (b)

   a firm of—

   1. (i)

      legal practitioners; or

   2. (ii)

      incorporated legal practices; or

   3. (iii)

      legal practitioners and incorporated legal practices; or

3. (c)

   an incorporated legal practice that practises on its own account; or

4. (d)

   a community legal centre;

the Law Society or the Society means The Law Society of South Australia;

legal costs includes disbursements;

legal practitioner or practitioner means—

1. (a)

   a person duly admitted and enrolled as a barrister and solicitor of the Supreme Court; or

2. (ab)

   an interstate legal practitioner who practises the profession of the law in this State;

legal practitioner director means a director of an incorporated legal practice who is a legal practitioner holding an unrestricted practising certificate;

legal profession rules means—

1. (a)

   the Society's professional conduct rules;

2. (b)

   any other rules prescribed by the regulations for the purposes of this definition;

legal services means work done, or business transacted, in the ordinary course of engaging in legal practice;

local legal practitioner means a legal practitioner who holds a practising certificate;

locally registered foreign lawyer means a person who is registered as a foreign lawyer under this Act;

LPEAC means the Legal Practitioners Education and Admission Council established under Division 1 of Part 2A;

money includes any instrument for the payment of money that may be negotiated by an ADI;

mortgage financing means facilitating a loan secured by mortgage by—

1. (a)

   acting as an intermediary to match a prospective lender and borrower; and

2. (b)

   subsequently arranging the loan; and

3. (c)

   receiving or dealing with payments for the purposes of, or under, the loan,

but does not include the provision of legal advice or the preparation of an instrument;

officer means—

1. (a)

   in relation to a company within the meaning of the Corporations Act 2001 of the Commonwealth—an officer as defined in section 9 of that Act; or

2. (b)

   in relation to any other body corporate, or body corporate of a kind, prescribed by the regulations—a person specified or described in the regulations;

participating State means a State in which a corresponding law is in force;

partner includes—

1. (a)

   an incorporated legal practice that engages in legal practice as a member of a firm of incorporated legal practices or a firm of legal practitioners and incorporated legal practices; and

2. (b)

   a legal practitioner director of an incorporated legal practice referred to in paragraph (a);

practise the profession of the law, in relation to a legal practitioner or incorporated legal practice—see section 21 (and engage in legal practice and practise have the same meaning);

practising certificate means a practising certificate issued under Part 3;

principal—see section 5A;

professional mentoring agreement—see section 90B;

professional misconduct—see section 69;

professional obligations of a legal practitioner or an incorporated legal practice include—

1. (a)

   duties to the Supreme Court; and

2. (b)

   obligations in connection with conflicts of interest; and

3. (c)

   duties to clients, including disclosure; and

4. (d)

   ethical rules required to be observed by legal practitioners;

Regulator means—

1. (a)

   in relation to this jurisdiction—the Commissioner; or

2. (b)

   in relation to another jurisdiction—the person or body defined as the Regulator in relation to that jurisdiction by the corresponding law of that jurisdiction or, if there is no such definition, the person or body with functions or powers under the corresponding law that correspond to those of the Commissioner under this Act;

regulatory authority means—

1. (a)

   in relation to this State—the Supreme Court, LPEAC, the Society, the Commissioner or the Tribunal;

2. (b)

   in relation to a participating State—a person or body in that State having a function conferred by legislation relating to regulation of legal practice that corresponds to a function exercised under this Act by a regulatory authority of this State;

3. (c)

   in relation to another jurisdiction—

   1. (i)

      if there is only 1 regulatory authority for the other jurisdiction—that regulatory authority, unless subparagraph (iii) applies; or

   2. (ii)

      if there are separate regulatory authorities for the other jurisdiction for different branches of the legal profession or for persons who practise in a particular style of legal practice—the regulatory authority relevant to the branch or style concerned, unless subparagraph (iii) applies; or

   3. (iii)

      if the regulations specify or provide for the determination of 1 or more regulatory authorities for the other jurisdiction either generally or for particular purposes—the regulatory authority or authorities specified or determined in accordance with the regulations;

related body corporate means—

1. (a)

   in relation to a company within the meaning of the Corporations Act 2001 of the Commonwealth—a related body corporate within the meaning of section 50 of that Act; or

2. (b)

   in relation to any other body corporate, or body corporate of a kind, prescribed by the regulations—a person specified or described in the regulations;

serious offence means an offence, whether committed in or outside this State, that is—

1. (a)

   an indictable offence against a law of this State, the Commonwealth or a State or Territory of the Commonwealth (whether or not the offence is or may be dealt with summarily); or

2. (b)

   an offence against a law of a State or Territory of the Commonwealth that would be an indictable offence against a law of this State if committed in this State (whether or not the offence could be dealt with summarily if committed in this State); or

3. (c)

   an offence against a law of a foreign country that would be an indictable offence against a law of the Commonwealth or this State if committed in this State (whether or not the offence could be dealt with summarily if committed in this State);

show cause event, in relation to a person, means the person—

1. (a)

   becoming bankrupt or being served with notice of a creditor's petition presented to the Court under section 43 of the Bankruptcy Act 1966 of the Commonwealth; or

2. (b)

   presenting (as a debtor) a declaration to the Official Receiver under section 54A of the Bankruptcy Act 1966 of the Commonwealth of his or her intention to present a debtor's petition or presenting (as a debtor) such a petition under section 55 of that Act; or

3. (c)

   applying to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounding with his or her creditors or making an assignment of his or her remuneration for their benefit; or

4. (d)

   being convicted of a serious offence or a tax offence, whether or not—

   1. (i)

      the offence was committed in or outside this State; or

   2. (ii)

      the offence was committed while the person was practising the law as a legal practitioner or was practising foreign law as an Australian-registered foreign lawyer, as the case requires; or

   3. (iii)

      other persons are prohibited from disclosing the identity of the offender;

sole practitioner means a legal practitioner who practices the profession of the law on his or her own account;

solicitor includes attorney and proctor;

spouse—a person is the spouse of another if they are legally married;

State includes a Territory;

the statutory interest account means the Statutory Interest Account maintained by the Society under Part 4;

tax offence means an offence under the Taxation Administration Act 1953 of the Commonwealth, whether committed in or outside this State;

the Tribunal means the Legal Practitioners Disciplinary Tribunal established under Part 6;

trust account has the meaning given in Schedule 2;

trust money has the meaning given in Schedule 2;

unqualified person means a person (including a body corporate) who is not entitled to practise the profession of the law;

unrestricted practising certificate means a practising certificate that is not subject to any condition under this Act or a corresponding law requiring the holder to engage in supervised legal practice or restricting the holder to practise as, or in the manner of, a barrister;

unsatisfactory professional conduct—see section 68.

1. (2)

   If under a corresponding law an interstate legal practitioner's right to practise does not derive from the holding of an interstate practising certificate, then a reference in this Act to an interstate practising certificate, or the endorsement of a condition on an interstate practising certificate, is to be read as a reference to the practitioner's right to engage in legal practice under that law or to the imposition of a condition on that right.

2. (3)

   For the purposes of this Act, a legal practitioner establishes an office in a State when the practitioner offers or provides services in the course of legal practice to the public in the State from an office maintained by the practitioner, or by the employer or a partner of the practitioner, or by a corporation of which the practitioner is a director, for the purpose in the State.

3. (4)

   Nothing in this Act or the legal profession rules affects the exercise by the Director of Public Prosecutions, the Crown Solicitor or a prosecutor instructed by the Director of Public Prosecutions or the Crown Solicitor of any discretion in the context of a prosecution.

4. (6)

   The Governor may, by proclamation, declare a law of another State to be a corresponding law and may, by subsequent proclamation, vary or revoke any such declaration.

5ATerms relating to associates and principals of law practices

1. (1)

   For the purposes of this Act, an associate of a law practice is—

   1. (a)

      a legal practitioner who is—

      1. (i)

         a sole practitioner (in the case of a law practice constituted by the practitioner); or

      2. (ii)

         a partner in the law practice (in the case of a firm of legal practitioners); or

      3. (iii)

         a legal practitioner director in the law practice (in the case of an incorporated legal practice); or

      4. (iiia)

         a legal practitioner director in an incorporated legal practice that is a member of the law practice (in the case of a firm of incorporated legal practices or a firm of legal practitioners and incorporated legal practices); or

      5. (iv)

         an employee of, or consultant to, the law practice; or

   2. (b)

      an agent of the law practice who is not a legal practitioner; or

   3. (c)

      an employee of the law practice who is not a legal practitioner; or

   4. (d)

      an Australian-registered foreign lawyer who is a partner in the law practice; or

   5. (e)

      an Australian-registered foreign lawyer who has a relationship with the law practice, being a relationship that is of a class prescribed by the regulations.

2. (2)

   For the purposes of this Act, a legal practitioner associate of a law practice is an associate of the practice who is a legal practitioner.

3. (3)

   For the purposes of this Act, a principal of a law practice is a legal practitioner who is—

   1. (a)

      a sole practitioner (in the case of a law practice constituted by the practitioner); or

   2. (b)

      a partner in the law practice (in the case of a firm of legal practitioners or of incorporated legal practices or of both); or

   3. (c)

      a legal practitioner director in the law practice (in the case of an incorporated legal practice that is a law practice); or

   4. (ca)

      a legal practitioner director of an incorporated legal practice that is a member of the law practice (in the case of a firm of incorporated legal practices); or

   5. (d)

      a legal practitioner who is generally responsible for the provision of legal services by the law practice (in the case of a community legal centre).

5BHome jurisdiction

1. (1)

   The home jurisdiction for a legal practitioner is the jurisdiction in which the practitioner's only or most recent current Australian practising certificate was granted.

2. (2)

   The home jurisdiction for an Australian-registered foreign lawyer is the jurisdiction in which the lawyer's only or most recent current registration was granted.

6Fusion of legal profession

1. (1)

   It is Parliament's intention that the legal profession should continue to be a fused profession of barristers and solicitors.

2. (2)

   The voluntary establishment of a separate bar is not, however, inconsistent with that intention, nor is it inconsistent with that intention for legal practitioners voluntarily to confine themselves to practice as solicitors.

3. (3)

   An undertaking by a legal practitioner to practise solely as a barrister or to practise solely as a solicitor is contrary to public policy and void (but this subsection does not extend to an undertaking contained in or implied by a contract or professional engagement to provide legal services of a particular kind for or on behalf of another person).

4. (3a)

   Nothing in this section affects the validity of any undertaking given to the Supreme Court by a legal practitioner who receives the title "Queen's Counsel", "King's Counsel" or "Senior Counsel" relating to the use of that title in the course of legal practice.

5. (4)

   Despite this section, an association of legal practitioners may be lawfully constituted on the basis that membership is confined to legal practitioners who practise solely in a particular field of legal practice or in a particular way.

6. (5)

   No contractual or other requirement may be lawfully imposed on a legal practitioner to join an association of legal practitioners.

Part 2The Law Society of South AustraliaDivision 1Establishment and administration of the Society7Incorporation and powers of Society

1. (1)

   The society formerly known as the "Law Society of South Australia Incorporated" continues in existence as a body corporate under the name The Law Society of South Australia.

1. (2)

   The Society—

   1. (a)

      has perpetual succession and a common seal; and

   2. (b)

      is capable of suing and being sued.

2. (2a)

   Where an apparently genuine document purports to bear the common seal of the Society, it will be presumed in any legal proceedings, in the absence of proof to the contrary, that the common seal of the Society was duly affixed to that document.

3. (2b)

   The Society has the powers of a natural person.

4. (3)

   The membership of the Society consists of all persons who have been admitted to membership of the Society, and who, for the time being, continue to be members of the Society, in accordance with the rules of the Society.

8Officers and employees of Society

1. (1)

   The following officers of the Society will be elected in accordance with the rules of the Society:

   1. (a)

      the President; and

   2. (ab)

      the President-Elect; and

   3. (b)

      the Vice-Presidents (the number of whom will be determined by the rules); and

   4. (c)

      such other elective officers as may be stipulated by the rules.

2. (2)

   There will be a Chief Executive of the Society.

3. (3)

   The Chief Executive and any other employees of the Society will be appointed and hold office on such terms and conditions as the Society may determine.

9Council of Society

1. (1)

   There will be a council of the Society.

2. (2)

   The Council consists of—

   1. (a)

      the Attorney-General; and

   2. (b)

      the President of the Society; and

   3. (ba)

      the President-Elect of the Society; and

   4. (c)

      the Vice-Presidents of the Society; and

   5. (d)

      the other elective officers of the Society; and

   6. (e)

      any persons who are, in accordance with the rules of the Society, members of the Council ex officio; and

   7. (f)

      any persons who are co-opted in accordance with the rules of the Society to membership of the Council; and

   8. (g)

      such other persons as are elected, in accordance with the rules of the Society, to be members of the Council.

10Validation of acts of Council

No act or proceeding of the Council is invalid by virtue of any vacancy in its membership or any defect in the appointment or election of any member of the Council.

11Management of Society's affairs

1. (1)

   Subject to this Act, and to the rules of the Society, the Council has the management of all the affairs of the Society, and may exercise all the powers of the Society.

2. (2)

   Subject to this Act, the Council may delegate any of its powers to—

   1. (a)

      a committee consisting of such persons as the Council thinks fit; or

   2. (ab)

      a company that is a subsidiary of the Society within the meaning of section 46 of the Corporations Act 2001 of the Commonwealth; or

   3. (b)

      any officer or employee of the Society.

3. (3)

   A delegation under this section is revocable at will and does not derogate from the power of the Council to act itself in any matter.

12Minutes of proceedings

1. (1)

   The Society must cause minutes of the proceedings of—

   1. (a)

      all general meetings of the members of the Society; and

   2. (b)

      all meetings of the Council,

to be entered in a book or books kept for the purpose.

1. (2)

   An apparently genuine document purporting to be verified by the Chief Executive and—

   1. (a)

      purporting to be—

      1. (i)

         minutes entered in pursuance of this section; or

      2. (ii)

         an extract from any such minutes; or

   2. (b)

      purporting to be—

      1. (i)

         minutes of the proceedings of any committee established by the Council; or

      2. (ii)

         an extract from any such minutes,

will be accepted in any legal proceedings as evidence of the proceedings to which the document relates.

1. (3)

   Subject to subsection (4), the Society must at the request of any member of the Society produce for inspection the minutes of—

   1. (a)

      any general meeting of the Society; and

   2. (b)

      any meeting of the Council; and

   3. (c)

      any meeting of any committee established by the Council.

2. (4)

   The Society is not required to produce minutes for inspection under subsection (3) if the minutes are of a confidential nature and have been entered in a minute book kept specifically for the purpose of recording minutes of such a nature.

3. (5)

   In any legal proceedings it will be presumed, in the absence of proof to the contrary, that any meeting of—

   1. (a)

      the members of the Society; or

   2. (b)

      the Council; or

   3. (c)

      any committee established by the Council,

was duly convened and constituted, and that the proceedings of any such meeting were regularly conducted.

1. (6)

   An apparently genuine document purporting to be under the hand of the President, the President-Elect, a Vice-President, or the Chief Executive, of the Society and to certify that a person named in the document has been duly elected or appointed to a specified office in the Society, or in the employment of the Society, will be accepted in any legal proceedings, in the absence of proof to the contrary, as proof of the matter so certified.

13Society's right of audience

1. (1)

   The Society may appoint a legal practitioner to appear before any court, commission or tribunal in any matter affecting the interests of the Society or the members of the Society, or in which the Society is directly or indirectly concerned or interested.

2. (2)

   Without limiting the generality of subsection (1), a practitioner so appointed is entitled to appear—

   1. (a)

      in any proceedings instituted by the Society; or

   2. (b)

      in any proceedings in which a person seeks admission as a legal practitioner; or

   3. (c)

      in any proceedings in which it is alleged that a practitioner is guilty of unsatisfactory professional conduct or professional misconduct; or

   4. (d)

      in any proceedings under this Act.

3. (3)

   The Society must, as soon as practicable after appointing a legal practitioner to appear before a court, commission or tribunal under subsection (1), notify the Attorney‑General of the appointment.

14Rules of Society

1. (1)

   The Society, in general meeting, may make rules—

   1. (a)

      to define the objects of the Society; or

   2. (b)

      to provide for the election of a President, the President-Elect, Vice-Presidents and other elective officers of the Society and to define the conditions on which they hold office; or

   3. (c)

      to provide for the election of members of the Council, and to define the conditions on which they hold office; or

   4. (d)

      to provide for the filling of casual vacancies occurring in elective offices of the Society and in the membership of the Council; or

   5. (e)

      to regulate the meetings and proceedings of, and the conduct of business by, the Council, or any committee to which it has delegated any of its powers; or

   6. (f)

      to provide for the execution of documents by or on behalf of the Society; or

   7. (g)

      to define the terms and conditions on which a person may be admitted to membership of the Society and to provide for the resignation, expulsion and re-admission of members of the Society; or

   8. (h)

      to prescribe, and provide for the payment of, subscriptions by members of the Society; or

   9. (i)

      to provide for the administration of any fund or ADI account under the control of the Society; or

   10. (j)

       to make any other provision relating to the administration of the Society.

2. (2)

   A member of the Society, or a legal practitioner, is entitled, on payment of such fee as may be prescribed by rules under this section, to receive a printed copy of the rules in force for the time being under this section.

3. (3)

   The Attorney-General may, by instrument in writing, certify that a rule made by the Society under this section relates only to the internal administration of the Society and where such a certificate has been given under this section, section 10 of the Subordinate Legislation Act 1978 does not apply in respect of the rule.

Division 2The Litigation Assistance Fund14AThe Litigation Assistance Fund

1. (1)

   The Society is authorised and required to administer the Litigation Assistance Fund in accordance with the Deed of Trust.

2. (2)

   The Society may, despite any other law, enter into an agreement with a party to legal proceedings to whom assistance is provided in accordance with the Deed of Trust, under which the party is required to make a payment to the Society, for the credit of the Litigation Assistance Fund, if those legal proceedings are resolved in favour of that party.

3. (3)

   In this section—

Deed of Trust means the Deed of Trust dated 2 April 1992 under which the Litigation Assistance Fund is established, and includes that Deed as amended from time to time.

1. (4)

   Any—

   1. (a)

      communication between the Society, or any officer, employee or agent of the Society, and an applicant for assistance from the Litigation Assistance Fund; or

   2. (b)

      document in the possession of the Society concerning the affairs of an applicant for assistance from the Fund,

is privileged from production or disclosure in the same way and to the same extent as if it were a communication between legal practitioner and client.

Division 3Reporting obligations14ABCertain matters to be reported by Society

1. (1)

   If—

   1. (a)

      the Society appoints an investigator or external examiner under Schedule 2 or a supervisor or a manager under Division 9 of Part 3; or

   2. (b)

      the Society determines that a claim made against the Fidelity Fund is valid; or

   3. (c)

      a matter comes to the attention of the Society such that the Society decides that there are reasonable grounds to suspect that a legal practitioner, former legal practitioner or Australian‑registered foreign lawyer has committed an act or omission that would constitute unsatisfactory professional conduct or professional misconduct,

the Society must, as soon as practicable, provide a report to the Commissioner in relation to the matter.

1. (2)

   The Society must comply with any reasonable request of the Commissioner for further information in relation to the subject matter of a report under this section.

Part 2AThe Legal Practitioners Education and Admission Council and the Board of Examiners

Division 1The Legal Practitioners Education and Admission Council14BEstablishment of LPEAC

1. (1)

   The Legal Practitioners Education and Admission Council (LPEAC) is established.

2. (2)

   LPEAC—

   1. (a)

      is a body corporate; and

   2. (b)

      has perpetual succession and a common seal; and

   3. (c)

      is capable of suing and being sued.

3. (3)

   Where an apparently genuine document purports to bear the common seal of LPEAC, it will be presumed in any legal proceedings, in the absence of proof to the contrary, that the common seal of LPEAC was duly affixed to that document.

4. (4)

   LPEAC has the powers of a natural person.

5. (5)

   LPEAC consists of—

   1. (a)

      the Chief Justice; and

   2. (b)

      the Attorney-General; and

   3. (c)

      three judges (each of whom is either a judge of the Supreme Court or a judge of the Federal Court) appointed by the Chief Justice; and

   4. (d)

      the Dean (or acting Dean) of the faculty or school of law at The University of Adelaide; and

   5. (e)

      the Dean (or acting Dean) of the faculty or school of law at The Flinders University of South Australia; and

   6. (ea)

      the Dean (or acting Dean) of the faculty or school of law at the University of South Australia; and

   7. (eb)

      the presiding member of the Board of Examiners; and

   8. (f)

      a law student nominated in a manner determined by the Chief Justice and appointed by the Chief Justice; and

   9. (g)

      a legal practitioner appointed by the Attorney-General; and

   10. (h)

       four legal practitioners appointed by the Society (at least one of whom will, at the time of appointment, be a legal practitioner who is practising predominantly as a barrister).

6. (6)

   The Chief Justice and the Attorney-General may each appoint a person to act as his or her deputy at any meeting of LPEAC that the Chief Justice or the Attorney-General is unable to attend.

7. (7)

   The Chief Justice will be the presiding member of LPEAC.

14CFunctions of LPEAC

1. (1)

   LPEAC has the following functions:

   1. (a)

      to make rules prescribing—

      1. (i)

         the qualifications for admission of a person as a barrister and solicitor of the Supreme Court; and

      2. (ii)

         the qualifications for the issue and renewal of practising certificates, including requirements for post-admission education, training or experience; and

      3. (iii)

         the categories (if any) of practising certificate to be issued by the Supreme Court under Part 3 and the limitations on the practice of the profession of the law that apply in relation to those categories;

   2. (b)

      to participate in the development of uniform national standards relating to the qualifications necessary for persons practising the profession of the law;

   3. (c)

      to keep the effectiveness of legal education and training courses and post-admission experience under review so far as is relevant to qualifications for legal practice;

   4. (d)

      to perform any other functions assigned to LPEAC by this Act or any other Act.

2. (2)

   A rule made under this section may leave a matter to be determined according to the discretion of LPEAC or the Supreme Court.

3. (3)

   Subject to subsection (4), a rule requiring legal practitioners to undertake further education or training or obtain further experience may only be made under this section with the concurrence of the Attorney-General.

4. (4)

   A rule requiring legal practitioners who have been practising the profession of the law for less than two years to undertake further education or training or obtain further experience within a time specified in the rule, or providing for extensions of the specified time to be granted, may be made without the concurrence of the Attorney-General.

14DConditions of membership

1. (1)

   Subject to this Act, an appointed member of LPEAC (other than the member appointed as a law student) will be appointed for a term of office of three years and, on the expiration of a term of office, is eligible for reappointment.

2. (2)

   The member of LPEAC appointed as a law student will hold office for a term of one year.

3. (3)

   The Chief Justice may remove an appointed member of LPEAC from office for—

   1. (a)

      mental or physical incapacity to carry out official duties satisfactorily; or

   2. (b)

      neglect of duty; or

   3. (c)

      dishonourable conduct.

4. (4)

   The office of an appointed member of LPEAC becomes vacant if the member—

   1. (a)

      dies; or

   2. (b)

      completes a term of office; or

   3. (c)

      resigns by written notice addressed to the Chief Justice; or

   4. (d)

      in the case of a member who is a legal practitioner—ceases to be a legal practitioner or is disciplined under this Act or by the Supreme Court or under an Act or law of another State or Territory of the Commonwealth for regulating the conduct of persons practising the profession of the law; or

   5. (e)

      in the case of a member appointed as a law student—ceases to be a law student; or

   6. (f)

      is removed from office pursuant to subsection (3).

5. (5)

   On the office of a member of LPEAC becoming vacant, a person may be appointed in accordance with this Act to the vacant office but, where the office of a member of LPEAC becomes vacant before the expiration of a term of appointment, the successor will be appointed only for the balance of the term.

14EProcedures of LPEAC

1. (1)

   Eight members of LPEAC (one of whom must be the presiding member or a judicial member of LPEAC) constitute a quorum of LPEAC, and no business may be transacted at a meeting of LPEAC unless a quorum is present.

2. (2)

   A decision carried by a majority of the votes cast by the members present at a meeting of LPEAC is a decision of LPEAC.

3. (3)

   Subject to this section, each member of LPEAC is entitled to one vote on any matter arising for decision by LPEAC and, in the event of an equality of votes, the person presiding at the meeting is entitled to a second or casting vote.

4. (4)

   The member of LPEAC appointed as a law student is not to be counted for the purposes of determining whether a quorum is present and is not entitled to vote on any matter arising for decision by LPEAC.

5. (5)

   The presiding member will preside at any meeting of LPEAC at which the member is present and, in the absence of the presiding member, a judicial member chosen in a manner determined by the Chief Justice, will preside at the meeting.

6. (6)

   Subject to this Act, the business of LPEAC may be conducted in such manner as LPEAC may determine.

14FValidity of acts and immunity of members

1. (1)

   An act or proceeding of LPEAC is not invalid by reason only of a vacancy in its membership, and, notwithstanding the subsequent discovery of a defect in the nomination or appointment of a member, any such act or proceeding is as valid and effectual as if the member had been duly nominated or appointed.

2. (2)

   No liability attaches to a member of LPEAC for any act or omission by the member, or by LPEAC, in good faith and in the exercise or purported exercise of powers or functions, or in the discharge or purported discharge of duties, under this Act.

14GAdvisory Committees

1. (1)

   LPEAC may appoint such advisory committees as LPEAC considers necessary for the purpose of providing LPEAC with expert advice on any matter to be determined by LPEAC.

2. (2)

   A member of an advisory committee holds office on terms and conditions determined by LPEAC.

3. (3)

   The procedures to be observed in relation to the conduct of the business of a committee will be—

   1. (a)

      as determined by LPEAC; or

   2. (b)

      insofar as the procedure is not determined under paragraph (a), as determined by the relevant committee.

14HAnnual report

1. (1)

   LPEAC must, on or before 31 October in each year, prepare and present to the Attorney-General a report on the operations of LPEAC for the last financial year.

2. (2)

   The Attorney-General must, within 12 sitting days after receiving a report from LPEAC, cause copies of the report to be laid before both Houses of Parliament.

Division 2The Board of Examiners14IEstablishment of Board of Examiners

1. (1)

   The Board of Examiners is established.

2. (2)

   The Board of Examiners will consist of 15 members appointed by the Chief Justice of whom—

   1. (a)

      one must be an Associate Justice of the Supreme Court; and

   2. (b)

      two must be persons nominated by the Attorney-General; and

   3. (c)

      12 must be legal practitioners.

3. (3)

   A member of the Board of Examiners holds office on terms and conditions determined by the Chief Justice.

4. (4)

   The Chief Justice may appoint a person to be the deputy of the member of the Board of Examiners who is an Associate Justice of the Supreme Court and the deputy may, in the absence of the member, act in his or her place.

5. (5)

   The member of the Board of Examiners who is an Associate Justice of the Supreme Court will be the presiding member.

14JFunctions of Board of Examiners

The Board of Examiners has the functions and powers conferred on it under this Act or by LPEAC.

14KProcedures of Board of Examiners

1. (1)

   Five members of the Board of Examiners (one of whom must be the presiding member or the presiding member's deputy) constitute a quorum of the Board, and no business may be transacted at a meeting of the Board of Examiners unless a quorum is present.

2. (2)

   Subject to this Act, the procedures to be observed in relation to the conduct of the business of the Board of Examiners will be—

   1. (a)

      as determined by LPEAC; or

   2. (b)

      insofar as the procedure is not determined under paragraph (a), as determined by the Board.

14LValidity of acts and immunity of members

1. (1)

   An act or proceeding of the Board of Examiners is not invalid by reason only of a vacancy in its membership, and, notwithstanding the subsequent discovery of a defect in the nomination or appointment of a member, any such act or proceeding is as valid and effectual as if the member had been duly nominated or appointed.

2. (2)

   No liability attaches to a member of the Board of Examiners for any act or omission by the member, or by the Board, in good faith and in the exercise or purported exercise of powers or functions, or in the discharge or purported discharge of duties, under this Act.

Part 3The practice of the lawDivision 1Admission and enrolment of legal practitioners15Entitlement to admission

1. (1)

   A person who satisfies the Supreme Court—

   1. (a)

      that he or she is a fit and proper person to practise the profession of the law; and

   2. (c)

      that—

      1. (i)

         he or she has complied with—

         1. (A)

            the rules of the Supreme Court relating to the admission of barristers and solicitors of the Supreme Court; and

         2. (B)

            the rules made by LPEAC under this Act prescribing the qualifications for admission as a barrister and solicitor of the Supreme Court; or

      2. (ii)

         insofar as there has been non-compliance with those rules, he or she should be exempted from such compliance,

is entitled to be admitted and enrolled as a barrister and solicitor of the Supreme Court.

1. (1a)

   The Supreme Court must refer each application for admission and enrolment by a person whose name has been removed from the roll of legal practitioners maintained under this Act to the Attorney‑General, the Commissioner and the Society, each of whom is entitled to be heard by the Court on the application in accordance with the rules of the Court.

1. (2)

   The Supreme Court must refer each application for admission and enrolment to the Board of Examiners for its report and recommendation on the application.

2. (3)

   The Board of Examiners may refer any matter raised by an application to LPEAC for its advice or, if the rules so provide, its determination.

3. (4)

   The Board of Examiners must, on or before the day on which its report and recommendation on an application is provided to the Supreme Court, provide the applicant with—

   1. (a)

      a copy of the report and recommendation; and

   2. (b)

      if the recommendation is that the application be rejected—a statement of the reasons for the recommendation.

4. (5)

   In this section—

Board of Examiners means the Board of Examiners established under Division 2 of Part 2A.

Division 2Practising certificates16Issue of practising certificate

1. (1)

   Where a legal practitioner who has been admitted and enrolled as a barrister and solicitor of the Supreme Court (not being a legal practitioner who has been suspended from practice) applies to the Supreme Court for a practising certificate, the Court will, subject to this Act, issue a practising certificate in the practitioner's name.

2. (2)

   If LPEAC has made rules prescribing different categories of practising certificate and a legal practitioner has applied for a particular category of certificate under subsection (1), the practising certificate issued by the Supreme Court in the practitioner's name may be of that category.

3. (5)

   An application for a practising certificate must be accompanied by the prescribed fee and levy.

4. (6)

   If LPEAC has made rules prescribing different categories of practising certificate, the regulations may prescribe different fees and levies for different categories of certificate.

17Restriction on issue of practising certificates in certain cases

1. (1)

   If, for a period exceeding one month, a legal practitioner has not held a practising certificate, the Supreme Court may, on application for a practising certificate, require the practitioner to furnish evidence satisfying it that the practitioner—

   1. (a)

      has not practised the profession of the law without holding a practising certificate; or

   2. (b)

      has not committed any other act that might constitute a proper ground for disciplinary action.

2. (2)

   Where an applicant for a practising certificate has, without lawful excuse, practised the profession of the law while not holding a practising certificate, the Supreme Court may require the applicant to pay a prescribed fine before it issues a practising certificate to the applicant.

3. (3)

   The Supreme Court may, in any case that it considers appropriate, issue a practising certificate that has effect from a date prior to the date of issue of the certificate.

17AConditions as to training etc

1. (1)

   A practising certificate will, if the rules made by LPEAC under this Act so require, be issued or renewed subject to conditions determined by LPEAC—

   1. (a)

      requiring the holder of the certificate to undertake or obtain further education, training and experience required or determined under the rules; and

   2. (b)

      limiting the rights of practice of the holder of the certificate until that further education, training and experience is completed or obtained.

2. (2)

   LPEAC may, on such terms as it thinks fit, determine that such conditions will not apply, either wholly or in part, in relation to any practitioner or practitioners of a particular class.

3. (3)

   If the holder of a practising certificate issued or renewed subject to conditions under subsection (1) fails to satisfy LPEAC, in accordance with the rules, of compliance with the conditions, LPEAC may determine—

   1. (a)

      that further conditions (determined by LPEAC) are to be imposed; or

   2. (b)

      that the practising certificate is to be cancelled, or is not to be renewed, and no new practising certificate is to be issued to the person until stipulated conditions have been complied with,

(and a determination under this subsection takes effect on a date fixed by LPEAC).

1. (4)

   LPEAC may delegate any of its functions or powers under this section to the Board of Examiners.

2. (5)

   A delegation under this section—

   1. (a)

      must be in writing; and

   2. (b)

      may be conditional or unconditional; and

   3. (c)

      is revocable at will; and

   4. (d)

      does not prevent LPEAC from acting in any matter.

3. (6)

   A decision of LPEAC or the Board of Examiners under this section may be appealed against to the Supreme Court by the person in relation to whom the decision was made or the Attorney-General or the Society.

4. (7)

   On such an appeal, the Supreme Court—

   1. (a)

      may confirm, vary or reverse the decision of LPEAC or the Board of Examiners; and

   2. (b)

      may make any consequential or ancillary order.

5. (8)

   For the purposes of this section insofar as it relates to a legal practitioner who is admitted and enrolled as a notary public under the Notaries Public Act 2016, a reference to rules made by LPEAC includes rules made by LPEAC under that Act.

18Term and renewal of practising certificates

1. (1)

   Subject to this Act, the Supreme Court may issue a practising certificate for such period (not exceeding 12 months) as the Court thinks fit.

2. (2)

   Subject to this Act, the Supreme Court will, on receipt of due application for the renewal of a practising certificate made before the date of expiration of the practising certificate, renew the practising certificate and the practising certificate then, subject to this Act, remains in force for the period stated in the practising certificate as renewed (which must not exceed 12 months).

3. (2a)

   If the Supreme Court is satisfied that any particulars appearing on a practising certificate are incorrect, the Court may cancel the practising certificate and issue a replacement practising certificate.

4. (3)

   Where a practising certificate that has been suspended under this Act for a period or until the happening of some event expires before the end of that period or before the happening of that event, the practising certificate may not be renewed until the expiration of that period or the happening of that event (as the case may be).

19Insurance requirements

1. (1)

   Where a scheme under section 52 is in force requiring legal practitioners to be insured against liabilities that may arise in the course of, or in relation to, legal practice—

   1. (a)

      the Supreme Court cannot issue or renew a practising certificate unless the applicant produces evidence to the satisfaction of the Court that the applicant has obtained the insurance against such liabilities required by the scheme for the term for which the certificate is to be issued or renewed; and

   2. (b)

      if, at any time during the term of a practising certificate so issued or renewed, the holder of the certificate ceases to be insured against such liabilities as required by the scheme, the practising certificate will be taken to be suspended until the holder of the certificate obtains such insurance.

2. (2)

   This section does not apply in relation to a legal practitioner of a class excluded by regulation from the provisions of this section.

20Register of practising certificates

1. (1)

   The Supreme Court must cause a register of practising certificates to be kept.

2. (2)

   A member of the public may inspect the register of practising certificates kept under this section.

20AAEndorsement of conditions on practising certificates

1. (1)

   If, in accordance with this Act, a regulatory authority of this or any participating State makes a determination or order—

   1. (a)

      imposing conditions on, or requiring the endorsement of conditions on, a legal practitioner's practising certificate; or

   2. (b)

      varying or revoking conditions on, or requiring the variation or revocation of conditions on, a legal practitioner's practising certificate,

the Supreme Court may record or give effect to the determination or order by revoking the practising certificate currently held by the legal practitioner and issuing the legal practitioner with a new practising certificate in the appropriate form.

1. (2)

   A regulatory authority must notify the Supreme Court of the making of a determination or order referred to in subsection (1).

2. (3)

   If a determination or order is made imposing, varying or revoking conditions on a practising certificate, the determination or order will be taken to have effect from the date it is made, or from a subsequent date specified in the determination or order, and not from the date of issue of a new practising certificate under this section.

Division 2AAmendment, suspension or cancellation of practising certificates20ABApplication of Division

This Division does not apply in relation to matters referred to in Division 2B.

20ACGrounds for amending, suspending or cancelling practising certificate

Each of the following is a ground for amending, suspending or cancelling a practising certificate:

1. (a)

   the holder of the certificate is not a fit and proper person to hold the certificate;

2. (b)

   if a condition of the certificate is that the holder of the certificate is or has been limited to legal practice specified in the certificate—the holder of the certificate is engaging in legal practice that the holder is not entitled to engage in under this Act.

   Note—

   Such conditions could be imposed under section 17A(1)(b) or by the Commissioner or the Tribunal under Part 6. A particular category of certificate may also limit the holder of the certificate to specified legal practice.

20ADAmending, suspending or cancelling practising certificates

1. (1)

   The Supreme Court may, on the application of the Attorney‑General, the Society or the Commissioner, make an order amending, suspending or cancelling a practising certificate if the Court considers that a ground exists for the amendment, suspension or cancellation.

2. (2)

   An application under this section—

   1. (a)

      must be served on the holder of the certificate in accordance with the rules of the Supreme Court; and

   2. (b)

      must—

      1. (i)

         specify the order sought by the applicant (including details of any amendment or suspension period proposed in the application); and

      2. (ii)

         state the ground for seeking the proposed order; and

      3. (iii)

         invite the holder to make written representations to the Court, within a time specified by the Court of not less than 7 days and not more than 28 days, as to why the order should not be made.

3. (3)

   If, after considering all written representations made within the specified time and, in its discretion, written representations made after the specified time, the Supreme Court considers that a ground exists to—

   1. (a)

      make an order amending, suspending or cancelling the certificate as proposed in the application; or

   2. (b)

      make an order for the amendment or suspension of the certificate that is less onerous than the order proposed in the application,

the Court may make the order.

1. (4)

   If the Supreme Court makes an order amending, suspending or cancelling the practising certificate, the Court must give the holder a written notice about the order setting out—

   1. (a)

      the terms of the order; and

   2. (b)

      the reasons for the order.

Note—

Under some provisions of this Act, a practising certificate is taken to be suspended by force of the provision. See, for example, section 19(1) and Schedule 1 clause 12(2).

This section does not derogate from the power of LPEAC to cancel a practising certificate under section 17A.

20AEOperation of amendment, suspension or cancellation of practising certificate

1. (1)

   This section applies if an order is made to amend, suspend or cancel a practising certificate under section 20AD.

2. (2)

   Subject to subsections (3) and (4), the amendment, suspension or cancellation of the practising certificate takes effect on the later of the following:

   1. (a)

      the day notice of the order is given to the holder of the certificate;

   2. (b)

      the day specified in the notice.

3. (3)

   If the practising certificate is amended, suspended or cancelled because the holder of the certificate has been convicted of an offence—

   1. (a)

      the Supreme Court may, on the application of the holder, order that the operation of the amendment, suspension or cancellation of the practising certificate be stayed until—

      1. (i)

         the end of the time to appeal against the conviction; and

      2. (ii)

         if an appeal is made against the conviction—the appeal is finally decided, lapses or otherwise ends; and

   2. (b)

      the amendment, suspension or cancellation does not have effect during any period in respect of which the stay is in force.

4. (4)

   If the practising certificate is amended, suspended or cancelled because the holder has been convicted of an offence and the conviction is quashed—

   1. (a)

      the amendment or suspension ceases to have effect when the conviction is quashed; or

   2. (b)

      the cancellation ceases to have effect when the conviction is quashed and the certificate is restored as if it had merely been suspended.

20AFRevocation of amendment, suspension or cancellation of practising certificate

1. (1)

   The holder of a practising certificate that has been amended, suspended or cancelled under section 20AD may make written representations to the Registrar of the Supreme Court about the amendment, suspension or cancellation and the Court must consider the representations.

2. (2)

   The Supreme Court may revoke the amendment, suspension or cancellation at any time, whether or not in response to any written representations made to it by the holder.

Division 2B—Special powers in relation to practising certificatesshow cause events

20AGApplicant for practising certificate – show cause event

1. (1)

   This section applies if—

   1. (a)

      a person is applying for a practising certificate; and

   2. (b)

      a show cause event in relation to the person happened, whether before or after the commencement of this section, after the person was first admitted to the legal profession in this or another jurisdiction (however the admission was expressed at the time of the admission).

2. (2)

   As part of the application, the person must provide to the Supreme Court a written statement, in accordance with any prescribed requirements—

   1. (a)

      setting out particulars of the show cause event; and

   2. (b)

      explaining why, despite the show cause event, the applicant considers himself or herself to be a fit and proper person to hold a practising certificate.

3. (3)

   However, the applicant need not provide a statement under subsection (2) if the person (as a previous applicant for a practising certificate or as the holder of a practising certificate previously in force) has previously provided to the Supreme Court—

   1. (a)

      a statement under this section; or

   2. (b)

      a notice and statement under section 20AH,

explaining why, despite the show cause event, the person considers himself or herself to be a fit and proper person to hold a practising certificate.

1. (4)

   A notice or written statement provided to the Supreme Court under this section must be served by the applicant on the Commissioner and the Society, each of whom may make written representations to the Court in relation to the holder of the practising certificate within the time, and in accordance with the procedure, prescribed by rules of the Court.

20AHHolder of practising certificate – show cause event

1. (1)

   This section applies to a show cause event that happens in relation to the holder of a practising certificate.

2. (2)

   The holder must provide to the Supreme Court both of the following:

   1. (a)

      within 7 days after the happening of the event—notice, in the form approved by the Court, that the event happened;

   2. (b)

      within 28 days after the happening of the event—a written statement explaining why, despite the show cause event, the person considers himself or herself to be a fit and proper person to hold a practising certificate.

3. (3)

   If a written statement is provided after the 28 days mentioned in subsection (2)(b), the Supreme Court may accept the statement and take it into consideration.

4. (4)

   A notice and written statement provided to the Supreme Court under this section must be served by the holder on the Commissioner and the Society, each of whom may make written representations to the Court in relation to the holder of the practising certificate within the time, and in accordance with the procedure, prescribed by rules of the Court.

20AIRefusal, amendment, suspension or cancellation of practising certificate – failure to show cause

1. (1)

   The Supreme Court may refuse to issue or renew, or may amend, suspend or cancel, a practising certificate if the applicant or holder—

   1. (a)

      is required by section 20AG or 20AH to provide a written statement relating to a matter and has failed to provide a written statement in accordance with that requirement; or

   2. (b)

      has provided a written statement in accordance with section 20AG or 20AH but the Court does not consider that the applicant or holder has shown in the statement that, despite the show cause event concerned, he or she is a fit and proper person to hold a practising certificate.

2. (1a)

   If an applicant for, or holder of, a practising certificate has provided a written statement in accordance with section 20AG or 20AH, the Supreme Court may make an order imposing conditions on the practising certificate—

   1. (a)

      relating to the legal practice of the applicant or holder; or

   2. (b)

      requiring that the applicant or holder, within a specified time, complete further education or training, or receive counselling, of a specified type.

3. (2)

   For the purposes of this section only, a written statement accepted by the Supreme Court under section 20AH(3) is taken to have been provided in accordance with section 20AH.

4. (3)

   If the Supreme Court makes a determination under this section, the Court must, as soon as practicable, give the applicant or holder written notice of the determination.

Division 2CFurther provisions relating to practising certificates

20AJImmediate suspension of practising certificate

1. (1)

   This section applies, despite Division 2A and Division 2B, if the Supreme Court considers, on application by the Attorney‑General, the Society or the Commissioner, or on the Court's own initiative, that it is necessary in the public interest to immediately suspend a practising certificate on—

   1. (a)

      any of the grounds on which the certificate could be suspended or cancelled under Division 2A; or

   2. (b)

      the ground of the happening of a show cause event in relation to the holder; or

   3. (c)

      any other ground that the Court considers warrants suspension of the certificate in the public interest,

whether or not any action has been taken or commenced under Division 2A or Division 2B in relation to the holder.

1. (2)

   The Supreme Court may, by written notice given to the holder, immediately suspend the practising certificate until the earlier of the following:

   1. (a)

      the time at which the Court informs the holder of the Court's decision by notice under section 20AD;

   2. (b)

      the end of the period of 56 days after the notice is given to the holder under this section.

2. (3)

   The notice under this section must—

   1. (a)

      include a statement of—

      1. (i)

         the decision to suspend the practising certificate; and

      2. (ii)

         the reasons for the decision; and

   2. (b)

      state that the practitioner may make written representations to the Supreme Court about the suspension.

3. (4)

   The holder may make written representations to the Supreme Court about the suspension, and the Court must consider the representations.

4. (5)

   The Supreme Court may revoke the suspension at any time, whether or not in response to any written representations made to it by the holder.

20AKSurrender and cancellation of practising certificate

1. (1)

   The holder of a practising certificate may surrender the certificate to the Supreme Court.

2. (2)

   The Supreme Court may cancel the certificate.

Division 3Entitlement to practise etc21Entitlement to practise

1. (1)

   A natural person must not practise the profession of the law, or hold himself or herself out, or permit another to hold him or her out, as being entitled to practise the profession of the law unless the person—

   1. (a)

      is a local legal practitioner; or

   2. (b)

      is an interstate legal practitioner.

Maximum penalty: $50 000.

1. (2)

   Without limiting the generality of subsection (1), but subject to subsection (3), a person practises the profession of the law, if acting for fee or reward on behalf of some other person he or she—

   1. (a)

      prepares any will or other testamentary instrument; or

   2. (b)

      prepares an instrument creating, transferring, assigning, modifying or extinguishing any estate or interest in real or personal property; or

1. 1. (c)

      prepares any instrument relating to the formation of a body corporate, any amendment to the constitution, rules or regulations of a body corporate, any prospectus or take-over scheme relating to a body corporate, or any instrument affecting the rights of shareholders or debenture holders in a body corporate or any scheme of arrangement in respect of a body corporate; or

   2. (d)

      prepares any other instrument creating, transferring, assigning, modifying or extinguishing any right, power or liability at law or in equity; or

   3. (e)

      represents any party to proceedings in a court or tribunal.

2. (3)

   This section does not prevent—

   1. (a)

      an employee whose employer is a party to an instrument or otherwise entitled to prepare an instrument and who is acting in the ordinary course of employment from preparing the instrument provided that no separate charge is made by the employer or the employee for the preparation of the instrument; or

   2. (b)

      an unqualified person from charging a fee for the preparation of a bill of sale, stock mortgage or lien over wool or fruit to which the person is the party in whose favour the security is given or an instrument varying or discharging a bill of sale, stock mortgage or lien over wool or fruit to which the person is such a party; or

   3. (c)

      an unqualified person from charging a fee for the preparation of a mortgage over land to which the person is the party in whose favour the security is given, or an instrument varying or discharging a mortgage over land to which the person is such a party, provided that the mortgage or other instrument is prepared by a legal practitioner or conveyancer registered under the Conveyancers Act 1994; or

   4. (d)

      an unqualified person from charging a fee for the preparation of an instrument provided that—

      1. (i)

         the instrument is prepared by a legal practitioner in the employment of that unqualified person; and

      2. (ii)

         the legal practitioner has been in the employment of that unqualified person continuously since 1 July, 1980; or

   5. (da)

      an unqualified person from reproducing, or completing the standard variables of, a pro forma loan instrument for fee or reward for an ADI or other commercial lending institution provided that—

      1. (i)

         the substantive terms and conditions of the loan instrument are modified only by the parties or a legal practitioner or, where authorised by this or any other Act, by a conveyancer registered under the Conveyancers Act 1994; and

      2. (ii)

         the pro forma loan instrument is an approved Lands Titles Office document or has been prepared by a legal practitioner or, where authorised by this or any other Act, by a conveyancer registered under the Conveyancers Act 1994; or

   6. (e)

      an agent who has been commissioned to sell goods or let them out on hire, or to contract for the performance of services from preparing a contract for the sale or hire of goods or the provision of services provided that the agent is remunerated only by salary or commission and no separate charge is made by the agent or the principal for the preparation of the contract; or

   7. (f)

      an unqualified person from engrossing an instrument for fee or reward; or

   8. (g)

      an unqualified person from representing a party to proceedings in a court or tribunal for fee or reward, if the person is authorised by or under the Act by which the court or tribunal is constituted, or any other Act, to do so; or

   9. (i)

      an unqualified person who is an employee or officer of an association of employers or employees from representing the association or any of its members in proceedings brought pursuant to an Act relating to industrial conciliation or arbitration provided that the unqualified person (as distinct from the association of which the person is an employee or officer) makes no charge for providing the representation; or

   10. (j)

       an unqualified person who is an employee of a body corporate that is a party to proceedings brought pursuant to an Act relating to industrial conciliation or arbitration from representing the body corporate in the proceedings; or

   11. (k)

       an unqualified person who was on 2 March, 1981, carrying on the business of representing parties to proceedings brought pursuant to an Act relating to industrial conciliation and arbitration from continuing to carry on that business; or

   12. (l)

       an unqualified person from preparing, for fee or reward, any instrument relating to the transfer of shares or securities issued, or made available, by a body corporate; or

   13. (m)

       an agent registered under the Land Agents Act 1994 from preparing an instrument (other than an instrument registrable under the Real Property Act 1886) relating to the sale and purchase of any land or business that the agent has been commissioned to sell or buy, provided that the instrument is prepared by the agent personally or by a sales representative lawfully employed by the agent and no charge (apart from the commission payable to the agent in respect of the transaction) is made for the preparation of the instrument; or

   14. (n)

       an agent registered under the Land Agents Act 1994 from preparing for fee or reward—

       1. (i)

          a tenancy agreement relating to residential premises—

          1. (A)

             under which a rental not exceeding a maximum prescribed for the purposes of this subparagraph is payable; or

          2. (B)

             in respect of which the agent has approved professional indemnity insurance; or

       2. (ii)

          a tenancy agreement relating to non-residential premises arising from a transaction in respect of which the agent has acted as agent—

          1. (A)

             under which a rental not exceeding a maximum prescribed for the purposes of this subparagraph is payable; or

          2. (B)

             in respect of which the agent has approved professional indemnity insurance,

   provided that the instrument is prepared by the agent personally or by a sales representative lawfully employed by the agent; or

   1. (o)

      a conveyancer registered under the Conveyancers Act 1994 from preparing for fee or reward—

      1. (i)

         an instrument registrable under the Real Property Act 1886, the Community Titles Act 1996 or the Strata Titles Act 1988; or

      2. (ii)

         an instrument that creates or records a bill of sale, stock mortgage or lien over wool or fruit; or

   2. (p)

      a conveyancer registered under the Conveyancers Act 1994 from preparing for fee or reward—

      1. (i)

         a contract for the sale and purchase of land or a business;

      2. (ii)

         a tenancy agreement;

      3. (iii)

         an assignment of the benefit of a contract for the sale and purchase of land or a business or of a tenancy agreement;

      4. (iv)

         an instrument that arises from, and is incidental to, a contract, agreement or assignment of the kind mentioned in subparagraph (i), (ii) or (iii); or

   3. (q)

      an agent registered under the Land Agents Act 1994, being the employer of a legal practitioner or conveyancer registered under the Conveyancers Act 1994 from charging a fee for the preparation of an instrument of a kind mentioned in paragraph (o) or (p) where—

      1. (i)

         the instrument is prepared by the legal practitioner or conveyancer; and

      2. (ii)

         the agent is authorised by the Land and Business (Sale and Conveyancing) Act 1994 to charge a fee for the preparation by the legal practitioner or conveyancer of instruments registrable under the Real Property Act 1886; or

   4. (r)

      a notary public admitted and enrolled under the Notaries Public Act 2016 acting in the ordinary course of business from preparing an instrument for fee or reward; or

   5. (s)

      an officer or employee of a body corporate authorised by a special Act of Parliament of this State to administer the estates of deceased persons from preparing a will or other testamentary instrument for fee or reward provided that, if the body corporate or a related body corporate (within the meaning of the Corporations Act 2001 of the Commonwealth) is to be named as the executor, or one of the executors, of the will or instrument, any commission or other remuneration that will, or might, become payable in consequence of that appointment must be disclosed to the person on whose instructions the will or instrument is to be prepared; or

   6. (sa)

      an officer or employee of a trustee company from providing for fee or reward traditional trustee company services (within the meaning of Chapter 5D of the Corporations Act 2001 of the Commonwealth); or

   7. (u)

      an unqualified person from serving any process for fee or reward where the person is authorised or permitted by statute to do so; or

   8. (v)

      a clerk employed by a legal practitioner from serving any process for fee or reward; or

   9. (w)

      the preparation for fee or reward of an opinion on a question of law by a member of the faculty of law of a university provided that the opinion is prepared at the request of a legal practitioner, the Attorney-General of the State or of the Commonwealth, the Crown Solicitor or the Australian Government Solicitor or the Director of Public Prosecutions; or

   10. (x)

       the preparation for fee or reward of any prescribed instrument or the performance for fee or reward of any prescribed service.

3. (3a)

   Subsection (1) does not apply to the practice of foreign law by an Australian-registered foreign lawyer in accordance with Schedule 1A.

4. (4)

   For the purposes of this Act—

   1. (a)

      a person practises the profession of the law, or holds himself or herself out as entitled to practise the profession of the law, if the person does so personally, or through the agency or instrumentality of some other person;

   2. (b)

      a person acts for fee or reward if the person acts for, or in expectation of, a pecuniary benefit or material advantage;

   3. (ba)

      a person prepares an instrument if the person takes instructions for the preparation of such an instrument;

   4. (c)

      a person represents a party to proceedings before a court or tribunal if the person—

      1. (i)

         prepares, on behalf of that party, any legal process relating to the proceedings; or

      2. (ii)

         takes instructions from or gives advice to that party in relation to the conduct of the proceedings; or

      3. (iii)

         takes, on behalf of that party, any other step in the proceedings;

   5. (d)

      an employed legal practitioner who provides legal advice, or legal services of a kind mentioned in subsection (2), for or on behalf of his or her employer or clients of his or her employer practises the profession of the law.

5. (4a)

   In proceedings for an offence against subsection (1), a certificate purporting to be signed by the Chief Executive and stating that a person is not a local legal practitioner or not an interstate legal practitioner is, in the absence of proof to the contrary, prima facie evidence of that fact.

6. (5)

   In this section—

approved professional indemnity insurance means insurance—

1. (a)

   that has been approved by the Attorney-General; or

2. (b)

   that is of a class or kind that has been approved by the Attorney-General;

business means a business as defined by the Land and Business (Sale and Conveyancing) Act 1994;

loan instrument means a loan contract, mortgage, mortgage discharge, guarantee, or other instrument arising from, or incidental to, a loan transaction;

member in relation to an association whose members include another association includes a member of that other association;

tribunal includes a royal commission, the Independent Commission Against Corruption and an arbitrator who is a judge, special magistrate or legal practitioner;

trustee company means a trustee company within the meaning of Chapter 5D of the Corporations Act 2001 of the Commonwealth.

22Practising while under suspension etc

If a legal practitioner—

1. (a)

   practises the profession of the law, or holds him or herself out as being entitled to practise the profession of the law, while his or her right to do so is under suspension; or

2. (b)

   contravenes or fails to comply with any conditions imposed on the practitioner's practising certificate (whether a practising certificate under this Act or an interstate practising certificate) by order of the Tribunal or the Supreme Court,

the practitioner is guilty of an offence.

Maximum penalty: $10 000.

23Unlawful representation

1. (1)

   If any person (whether or not a legal practitioner) with a view to attracting business, falsely pretends to be the holder of any degree, diploma or certificate in law or adopts any style that leads reasonably to the false inference that the person holds any degree, diploma or certificate in law, the person is guilty of an offence.

Maximum penalty: $10 000.

1. (2)

   If a person (whether or not a legal practitioner) holds out an unqualified person as being entitled to practise the profession of the law, the person is guilty of an offence.

Maximum penalty: $10 000.

1. (3)

   If a legal practitioner—

   1. (a)

      permits or aids an unqualified person to practise the profession of the law, or acts in collusion with an unqualified person so as to enable that person to practise the profession of the law; or

   2. (b)

      enters into an agreement or an arrangement with an unqualified person under which the unqualified person is entitled to share in the profits arising from the practice of the law (otherwise than as permitted by this Act, or as may be authorised by the Society),

the practitioner is guilty of an offence.

Maximum penalty: $10 000.

1. (4)

   To avoid doubt, subsection (3)(b) does not apply to a legal practitioner who enters into an agreement or an arrangement with an Australian‑registered foreign lawyer under which the Australian‑registered foreign lawyer is entitled to share in the profits arising from the practice of foreign law in accordance with Schedule 1A.

23AAEmployment of disqualified person

1. (1)

   Subject to this section, if a legal practitioner is a party to an agreement or arrangement to employ or engage, in connection with the practitioner's legal practice—

   1. (a)

      a person whose practising certificate is under suspension (whether a practising certificate under this Act or an interstate practising certificate); or

   2. (b)

      a person whose name has been struck off the roll of legal practitioners maintained under this Act or the roll kept in a participating State that corresponds to the roll maintained under this Act (unless the person has been re-admitted),

the practitioner is guilty of an offence.

Maximum penalty: $10 000.

1. (2)

   It is a defence to a charge of an offence under subsection (1) to prove that the defendant did not know, and could not reasonably be expected to have known, that the person's practising certificate was under suspension or that the person's name had been struck off a roll of legal practitioners.

2. (3)

   On application, the Tribunal may authorise a legal practitioner to be a party to an agreement or arrangement of a kind referred to in subsection (1), subject to conditions (if any) specified by the Tribunal.

3. (4)

   An application for such an authorisation may be made to the Tribunal by—

   1. (a)

      a legal practitioner; or

   2. (b)

      a person whose practising certificate is under suspension or whose name has been struck off a roll of legal practitioners.

4. (5)

   The Tribunal may grant such an authorisation in its discretion but only if satisfied—

   1. (a)

      that the person to be employed or engaged will not practise the profession of the law; and

   2. (b)

      that granting the authorisation on the specified conditions (if any) is not likely to create a risk to the public.

5. (6)

   For the purposes of a hearing of an application under this section, the Tribunal is constituted of a panel of three of its members chosen by the presiding member (one of whom may be the presiding member).

6. (7)

   The Tribunal must give to the Commissioner, and to any person on whose application a hearing is to be held, not less than seven days written notice of the time and place at which it intends to conduct the hearing, and must afford the Commissioner, and any such person, a reasonable opportunity to call and give evidence, to examine witnesses, and to make submissions to the Tribunal.

7. (8)

   Subject to this section, sections 80, 84, 84B, 85, 86 and 88 apply to a hearing of an application under this section in the same way as to proceedings before the Tribunal under Part 6.

8. (9)

   Where an application is granted by the Tribunal, and the Tribunal or the Supreme Court is satisfied that an appeal against the authorisation has been instituted, or is intended, it may suspend the operation of the authorisation until the determination of the appeal.

9. (10)

   Where the Tribunal has suspended the operation of an authorisation under subsection (9), the Tribunal may terminate the suspension, and where the Supreme Court has done so, the Supreme Court may terminate the suspension.

10. (11)

    A legal practitioner must comply with any conditions imposed on an authorisation by the Tribunal or the Supreme Court.

Maximum penalty: $10 000.

1. (12)

   A legal practitioner is not guilty of an offence against this section in relation to an agreement or arrangement to which the practitioner is a party at the commencement of this section if—

   1. (a)

      the agreement or arrangement is authorised under this section on an application made within 12 months after that commencement; and

   2. (b)

      the legal practitioner complies with any conditions imposed on the authorisation.

Division 3AProvisions relating to interstate legal practice

23AInterstate legal practitioners to be officers of Court

An interstate legal practitioner who practises the profession of the law in this State is an officer of the Supreme Court.

23BLimitations or conditions on practice under laws of participating States

1. (1)

   An interstate legal practitioner must, in practising the profession of the law in this State—

   1. (a)

      observe any limitations in relation to the practitioner's entitlement to practise the profession of the law that apply under the law of a State in which the practitioner is admitted as a legal practitioner; and

   2. (b)

      comply with any condition in respect of his or her practice imposed by a regulatory authority in a participating State.

2. (2)

   A condition imposed on a person by a regulatory authority in this or any other participating State has no effect for the purposes of subsection (1) to the extent (if any) to which it is inconsistent with a more onerous condition imposed on the person by another regulatory authority.

3. (3)

   An interstate legal practitioner practising the profession of the law in this State must give written notice to the Supreme Court of any conditions or limitations imposed on the practitioner's interstate practising certificate—

   1. (a)

      in relation to conditions or limitations imposed before the practitioner commenced practising the profession of the law in this State—within 14 days of the practitioner commencing practising the profession of the law in this State; or

   2. (b)

      in relation to conditions or limitations imposed after the practitioner commenced practising the profession of the law in this State—within 28 days of the imposition of the conditions or limitations.

4. (4)

   A contravention of or non-compliance with this section is professional misconduct.

23CAdditional conditions on practice of interstate legal practitioners

1. (1)

   A regulatory authority of this State may, by notice in writing, at any time impose any condition on the practice of the profession of the law by an interstate legal practitioner in this State that it might impose by attaching a condition to the practising certificate of a local legal practitioner, as a result of disciplinary action or otherwise, and may at any time vary or revoke any such condition.

2. (2)

   A regulatory authority of this State must not impose a condition that is more onerous than it would attach to the practising certificate of a local legal practitioner in the same or similar circumstances.

23DNotification of establishment of office required

1. (1)

   An interstate legal practitioner or Australian‑registered foreign lawyer who establishes an office in this State must, within the period after establishing the office prescribed by the regulations, give written notice to the Supreme Court.

Maximum penalty: $10 000.

1. (2)

   A notice under this section must contain the particulars prescribed by the regulations and be accompanied by the prescribed fee.

2. (3)

   A person giving notice to the Supreme Court under this section must furnish to the Supreme Court any evidence or information that the Supreme Court may require in relation to the practitioner's legal practice in this or any other State or jurisdiction.

3. (4)

   If an interstate legal practitioner fails to give notice, or furnish evidence or information, in accordance with this section, the Supreme Court may, on application by the Commissioner, the Attorney-General or the Society, suspend the practitioner's right to practise the profession of the law in this State until this section is complied with.

1.7.2014
s 83	amended by 23/1990 s 3(1) (Sch 5)	1.8.1990
s 84
s 84(1)	amended by 23/1990 s 3(1) (Sch 5)	1.8.1990
amended by 10/1996 s 27(a)—(c)	9.5.1996
amended by 44/2013 s 48	1.7.2014
s 84(3)	amended by 23/1990 s 3(1) (Sch 5)	1.8.1990
amended by 10/1996 ss 27(d), (e), 32 (Sch 2)	9.5.1996
s 84(5)	amended by 17/2006 s 155(1)	4.9.2006
s 84(6)	amended by 23/1990 s 3(1) (Sch 5)	1.8.1990
deleted by 10/1996 s 27(f)	9.5.1996
inserted by 17/2006 s 155(2)	4.9.2006
s 84(7)	amended by 50/1998 s 48	1.2.1999
amended by 44/2016 s 14(1), (2)	13.11.2016
s 84A	inserted by 22/1993 s 25	6.5.1993
s 84A(2)	substituted by 10/1996 s 28(a)	9.5.1996
s 84A(3)	amended by 10/1996 s 28(b)	9.5.1996
s 84B	inserted by 22/1993 s 25	6.5.1993
s 84C	inserted by 44/2013 s 49	1.7.2014
s 85
s 85(1)	amended by 23/1990 s 3(1) (Sch 5)	1.8.1990
s 85(1a)	inserted by 44/2013 s 50(1)	1.7.2014
s 85(2)	amended by 44/2013 s 50(2)	1.7.2014
s 85(3)	amended by 23/1990 s 3(1) (Sch 5)	1.8.1990
s 86
s 86(1) and (2)	substituted by 84/1987 s 6(a)	3.12.1987
s 86(3)	amended by 84/1987 s 6(b)	3.12.1987
Pt 6 Div 5
s 88A	inserted by 44/2013 s 51	1.7.2014
s 89
s 89(1)	amended by 50/1998 s 49(a)	1.2.1999
amended by 44/2013 s 52(1)	1.7.2014
s 89(1a) and (1b)	inserted by 44/2013 s 52(2)	1.7.2014
s 89(2)	amended by 23/1990 s 3(1) (Sch 5)	1.8.1990
amended by 50/1998 s 49(b), (c)	1.2.1999
s 89(3)	deleted by 44/2013 s 52(3)	1.7.2014
s 89(4)	amended by 23/2024 s 30	26.8.2024
s 89(5)	amended by 23/1990 s 3(1) (Sch 5)	1.8.1990
amended by 50/1998 s 49(d)	1.2.1999
amended by 23/2024 s 30	26.8.2024
s 89(6)	amended by 23/1990 s 3(1) (Sch 5)	1.8.1990
amended by 50/1998 s 49(e), (f)	1.2.1999
amended by 44/2013 s 52(1)	1.7.2014
s 89(7)	deleted by 50/1998 s 49(g)	1.2.1999
s 89A	inserted by 50/1998 s 50	1.2.1999
amended by 17/2006 s 156	4.9.2006
amended by 44/2013 s 53	1.7.2014
Pt 6 Div 6 before substitution by 44/2013
s 90
s 90(2)	amended by 23/1990 s 3(1) (Sch 5)	1.8.1990
amended by 12/1998 s 14 (Sch)	1.2.1999
amended by 84/2009 s 193	1.2.2010
s 90(3) and (4)	amended by 23/1990 s 3(1) (Sch 5)	1.8.1990
amended by 10/1996 s 31 (Sch 1)	9.5.1996
Pt 6 Div 6	substituted by 44/2013 s 54	1.7.2014
s 89B
disciplinary action	amended by 44/2016 s 15	30.7.2017
s 89C
s 89C(7a)	inserted by 44/2016 s 16	30.7.2017
Pt 6 Div 6A	inserted by 50/1998 s 51	1.2.1999
s 90AF
s 90AF(2)	amended by 44/2013 s 55	1.7.2014
Pt 6 Div 7	inserted by 22/1993 s 26	6.5.1993
s 90A
s 90A(1) and (3)	amended by 10/1996 s 31 (Sch 1)	9.5.1996
amended by 44/2013 s 56	1.7.2014
Pt 6 Div 8	inserted by 44/2013 s 57	1.7.2014
Pt 7 before deletion by 42/2016
s 91
s 91(1)—(4)	amended by 23/1990 s 3(1) (Sch 5)	1.8.1990
s 92
s 92(1)—(3)	amended by 23/1990 s 3(1) (Sch 5)	1.8.1990
s 93
s 93(1)	amended by 23/1990 s 3(1) (Sch 5)	1.8.1990
amended by 17/2006 s 157	4.9.2006
s 93(2) and (3)	amended by 23/1990 s 3(1) (Sch 5)	1.8.1990
s 94	amended by 23/1990 s 3(1) (Sch 5)	1.8.1990
amended by 10/1996 s 32 (Sch 2)	9.5.1996
Pt 7	deleted by 42/2016 Sch 1 cl 5	1.2.2018
inserted by 32/2020 s 4	26.11.2020
heading amended by 23/2024 s 31	27.6.2024
s 92	substituted by 23/2024 s 32	27.6.2024
Pt 8
s 95
s 95(1)	amended by 23/1990 s 3(1) (Sch 5)	1.8.1990
substituted by 10/1996 s 29	9.5.1996
amended by 12/1998 s 13(a), (b)	1.2.1999
amended by 50/1998 s 52	1.2.1999
amended by 44/2013 Sch 1	1.7.2014
amended by 9/2014 s 8	25.9.2014
s 95(1aa)	inserted by 12/1998 s 13(c)	1.2.1999
s 95(1a)	inserted by 90/1987 s 3	10.12.1987
s 95(2)	amended by 23/1990 s 3(1) (Sch 5)	1.8.1990
substituted by 12/1998 s 13(d)	1.2.1999
s 95(3)	amended by 23/1990 s 3(1) (Sch 5)	1.8.1990
s 95AA	inserted by 50/1998 s 53	1.2.1999
amended by 44/2013 Sch 1	1.7.2014
ss 95A and 95B	inserted by 10/1996 s 30	9.5.1996
s 95BA	inserted by 84/1999 s 6	1.1.2000
s 95BA(2)	amended by 44/2013 Sch 1	1.7.2014
s 95C	inserted by 10/1996 s 30	9.5.1996
s 95C(3)	amended by 50/1998 s 54	1.2.1999
s 95D	inserted by 50/1998 s 55	1.2.1999
substituted by 44/2013 s 58	1.7.2014
s 95E	inserted by 27/2019 s 10	1.12.2019
s 96
s 96(1)	substituted by 23/1990 s 3(1) (Sch 5)	1.8.1990
deleted by 12/1998 s 14 (Sch)	1.2.1999
s 96(2) and (3)	amended by 23/1990 s 3(1) (Sch 5)	1.8.1990
s 96(4)	inserted by 50/1986 s 5	1.10.1986
deleted by 12/1998 s 14 (Sch)	1.2.1999
s 97
s 97(2)	amended by 90/1987 s 4	10.12.1987
amended by 23/1990 s 3(1) (Sch 5)	1.8.1990
amended by 10/1996 s 32 (Sch 2)	9.5.1996
(c) deleted by 44/2013 s 59(1)	1.7.2014
s 97(3)	substituted by 44/2013 s 59(2)	1.7.2014
s 97(3aa) and (3aab)	inserted by 44/2013 s 59(2)	1.7.2014
s 97(3a)	inserted by 55/2003 s 14	11.12.2003
s 98	inserted by 44/2013 s 60	1.7.2014
Sch 1	inserted by 44/2013 s 61	1.7.2014
cl A1	inserted by 27/2019 s 11	1.12.2019
cl 3A	inserted by 44/2016 s 17(1)	13.11.2016
cl 4A	inserted by 44/2016 s 17(2)	13.11.2016
cl 5A	inserted by 44/2016 s 17(3)	13.11.2016
cl 18
cl 18(1)	amended by 44/2016 s 17(4)	13.11.2016
cl 32
cl 32(1)	amended by 44/2016 s 17(5), (6)	13.11.2016
Sch 1A	inserted by 49/2019 s 16	1.7.2020
Sch 2	inserted by 44/2013 s 61	1.7.2014
cl 1
cl 1(1)
law practice	inserted by 49/2019 s 17	1.7.2020
cl 46	amended by 44/2016 s 18	13.11.2016
Sch 3	inserted by 44/2013 s 61	1.7.2014
cl 1
law practice	inserted by 49/2019 s 18(1)	1.7.2020
cl 18
cl 18(7)	amended by 49/2019 s 18(2)	1.7.2020
cl 25
cl 25(2)	(c)(ii) deleted by 70/2017 s 12(1)	1.3.2018
cl 26
cl 26(1)	amended by 70/2017 s 12(2)	1.3.2018
cl 26(1a)	inserted by 70/2017 s 12(3)	1.3.2018
cl 30
cl 30(2)	amended by 49/2019 s 18(3)	1.7.2020
cl 30(3)	amended by 49/2019 s 18(4)	1.7.2020
cl 30(5)	amended by 49/2019 s 18(5)	1.7.2020
cl 30(7)	amended by 49/2019 s 18(6)—(8)	1.7.2020
cl 41
cl 41(2)	amended by 23/2024 s 33	26.8.2024
cl 46
cl 46(2)	amended by 49/2019 s 18(9)—(11)	1.7.2020
cl 50	amended by 44/2016 s 19	13.11.2016
cl 50(2)	amended by 49/2019 s 18(12)	1.7.2020
cl 53	substituted by 49/2019 s 18(13)	1.7.2020
Sch 4	inserted by 44/2013 s 61	1.7.2014
cl 1
cl 1(1)
law practice	inserted by 49/2019 s 19(1)	1.7.2020
cl 1(3)	inserted by 49/2019 s 19(2)	1.7.2020
cl 10
cl 10(1)	amended by 44/2016 s 20	13.11.2016
cl 19
cl 19(2)	amended by 9/2014 s 9(1)	25.9.2014
cl 19(3)	amended by 9/2014 s 9(2)	25.9.2014
Sch 5	inserted by 44/2016 s 21	13.11.2016

Transitional etc provisions associated with Act or amendments

Legal Practitioners (Qualifications) Amendment Act 1998

15—Transitional provision

1. (1)

   If, immediately before the commencement of section 6, a practising certificate is subject to conditions imposed under section 17A of the principal Act, those conditions will, on the commencement of section 6, be taken to be conditions imposed under section 17A of the principal Act as substituted by section 6.

2. (2)

   The Legal Practitioners Education and Admission Council may take action under section 17A of the principal Act as substituted by this Act in relation to non-compliance with any condition imposed under section 17A of the principal Act as in force before the commencement of section 6 as if the condition were a condition imposed under section 17A as so substituted (whether the non-compliance occurred before or after that commencement).

Legal Practitioners (Miscellaneous) Amendment Act 1998

56—Transitional

A condition applying to a legal practitioner immediately before the commencement of this section by virtue of—

1. (a)

   an undertaking entered into by the practitioner and accepted by the Tribunal under section 82 of the principal Act or an order of the Tribunal under that section; or

2. (b)

   an order of the Supreme Court under section 89 of the principal Act,

will, on and after the commencement of this section, be taken to be a condition imposed on the legal practitioner's practising certificate by order of the Tribunal under section 82 of the principal Act as amended by this Act or by order of the Supreme Court under section 89 of the principal Act as amended by this Act, as the case requires (and will be taken to be so imposed for the period specified in the undertaking or order as the period for which the condition was to apply).

Legal Practitioners (Miscellaneous) Amendment Act 1999

7—Transitional

The amendments to the principal Act made by this Act do not affect—

1. (a)

   any right to compensation under Part 5 of the principal Act for loss suffered as a result of mortgage financing where the instructions to engage in the mortgage financing were taken before the commencement of this Act; or

2. (b)

   any right to compensation under the principal Act for loss suffered by a legal practitioner in consequence of a fiduciary or professional default by a partner, clerk or employee of the legal practitioner where the fiduciary or professional default was committed before the commencement of this Act.

Statutes Amendment (Domestic Partners) Act 2006

147—Transitional provision

From the commencement of this section, a reference to a prescribed relative, spouse or putative spouse in the memorandum and articles of association or constitution of a company that holds a practising certificate under the Legal Practitioners Act 1981 will, where the context so admits or requires, be taken to include a reference to a domestic partner.

Legal Practitioners (Miscellaneous) Amendment Act 2013, Sch 2 Pt 4—Transitional provisions

5—Interpretation

1. (1)

   In this Part—

Board means the Legal Practitioners Conduct Board;

Commissioner has the same meaning as in the principal Act;

principal Act means the Legal Practitioners Act 1981;

relevant day means the day on which section 44 comes into operation.

1. (2)

   Unless the contrary intention appears, a term used in this Part and also in the principal Act has the same meaning in this Part as it has in that Act.

6—Practising certificates

Part 3 Divisions 2A to 2C of the principal Act, as inserted by section 17 of this Act, apply in relation to a practising certificate whether issued before, on or after the commencement of that section.

7—Deficiencies in trust accounts

Schedule 2 clauses 23 and 24 of the principal Act (as inserted by this Act) apply to trust money whether the money was received before, on or after the commencement of those clauses.

8—Combined trust account

An ADI that was, immediately before the commencement of this clause, an approved ADI within the meaning of section 53 of the principal Act is, on the commencement of this clause, taken to be an approved ADI for the purposes of section 53 as inserted by this Act.

9—Costs

1. (1)

   Subject to this clause, Schedule 3 of the principal Act (as inserted by this Act) applies to a matter if the client first instructs the law practice in the matter on or after the commencement of that Schedule and Part 3 Division 8 of the principal Act as in force immediately before the relevant day continues to apply to a matter if the client first instructed the law practice in the matter before the commencement of Schedule 3.

2. (2)

   Schedule 3 of the principal Act (as inserted by this Act) does not apply in respect of a law practice that is retained by another law practice on behalf of a client on or after the commencement of that Schedule in relation to a matter in which the other law practice was retained by the client before that commencement and in that case Part 3 Division 8 of the principal Act as in force immediately before that commencement continues to apply.

3. (3)

   If Part 3 Division 8 of the principal Act as in force immediately before the commencement of Schedule 3 of the principal Act (as inserted by this Act) applies to a matter by virtue of subclause (1) or (2), the Division will cease to apply to the matter on the first anniversary of that commencement and Schedule 3 of the principal Act (as inserted by this Act) will then apply to the matter.

10—Fidelity Fund

The legal practitioners' guarantee fund maintained by the Society under Part 4 of the principal Act as in force immediately before the commencement of section 37 continues in existence as the Legal Practitioners Fidelity Fund maintained by the Society under Part 4 of the principal Act as amended by this Act.

11—Claims against Fidelity Fund

1. (1)

   Subsection (1a) of section 60 of the principal Act (as inserted by this Act) does not apply in relation to a claim for compensation served on the Society before the commencement of that subsection.

2. (2)

   Section 64 of the principal Act applies to any claim in relation to a fiduciary or professional default, or a series of fiduciary or professional defaults, in respect of which the Society has published a notice under Part 5 of the principal Act before the commencement of section 40 as if—

   1. (a)

      the amendment to section 64(2) made by that section had not been made; and

   2. (b)

      the prescribed percentage for the purposes of section 64(2) were 5%.

12—Investigations

An investigation may be undertaken under Schedule 2 Part 3 of the principal Act (as inserted by this Act) in relation to an aspect of the affairs of a law practice whether the investigation relates to matters that occurred before or after the commencement of that Schedule.

13—Transfer of functions from Board to Commissioner

1. (1)

   If a complaint received by the Board in relation to the conduct of a legal practitioner or former legal practitioner has not been resolved before the relevant day, the Commissioner will, on and from that day, assume the conduct of the complaint as if it had been received by the Commissioner.

2. (2)

   If a direction by the Attorney‑General or the Society to the Board to make an investigation into the conduct of a legal practitioner or former legal practitioner has not been resolved before the relevant day, the Commissioner will, on and from that day, assume the conduct of the investigation as if the direction had been given to the Commissioner.

3. (3)

   An investigation commenced by the Board into—

   1. (a)

      the conduct of a legal practitioner or former legal practitioner; or

   2. (b)

      a complaint of overcharging,

is, if the investigation has not been completed before the relevant day, to be continued by the Commissioner as if the investigation had been commenced under section 77B or (in the case of a complaint of overcharging) 77N of the principal Act as inserted by this Act.

1. (4)

   If a charge laid by the Board under section 82 of the principal Act has not been determined before the relevant day, the Commissioner will, on and from that day, assume the conduct of the charge as if it had been laid by the Commissioner.

2. (5)

   If disciplinary proceedings against a legal practitioner commenced by the Board in the Supreme Court have not been determined before the relevant day, the Commissioner will, on and from that day, assume the conduct of the proceedings as if they had been commenced by the Commissioner.

3. (6)

   A notice issued by the Board under repealed section 76(3)(a) of the principal Act and in force immediately before the relevant day continues as if it were a notice issued by an investigator under Schedule 4 clause 4(1)(a) of the principal Act (as inserted by this Act).

4. (7)

   A notice issued by the Board under repealed section 76(4a) of the principal Act and in force immediately before the relevant day continues as if it were a notice issued by the Commissioner under Schedule 4 clause 4(1)(b) of the principal Act (as inserted by this Act).

5. (8)

   A notice issued by the Board under repealed section 77A(3) of the principal Act and in force immediately before the relevant day continues as if it were a notice issued by the Commissioner under section 77N(4) of the principal Act (as inserted by this Act).

14—Application of principal Act as amended to complaints, investigations, disciplinary proceedings and conduct

1. (1)

   Subject to this Schedule, the principal Act as amended by this Act applies in relation to—

   1. (a)

      any complaint received by the Commissioner or for which the Commissioner has assumed the conduct; and

   2. (b)

      any investigation commenced or continued by the Commissioner; and

   3. (c)

      any disciplinary proceedings commenced by the Commissioner, the Society or another person or for which the Commissioner has assumed the conduct,

whether the conduct to which the complaint, investigation or proceedings relates occurred before or after the relevant day.

1. (2)

   The principal Act as amended by this Act applies in relation to conduct that occurred before the relevant day as if—

   1. (a)

      "unsatisfactory professional conduct" were replaced with "unsatisfactory conduct" wherever occurring; and

   2. (b)

      "professional misconduct" were replaced with "unprofessional conduct" wherever occurring; and

   3. (c)

      "unsatisfactory conduct" and "unprofessional conduct" had the same respective meanings as in the principal Act as in force immediately before the relevant day.

15—Transfer of employment

1. (1)

   A person who, immediately before the relevant day, was a member of the staff of the Board will, on that day, be a member of the staff of the Commissioner.

2. (2)

   The transfer of a person's employment under subclause (1)—

   1. (a)

      will be taken to provide for continuity of employment without termination of the relevant person's service; and

   2. (b)

      will not affect—

      1. (i)

         existing conditions of employment or existing or accrued rights to leave; or

      2. (ii)

         a process commenced for variation of those conditions or rights.

3. (3)

   A person whose employment has been transferred under subclause (1) will be taken to have been appointed by the Commissioner to the Commissioner's staff under section 76 of the principal Act.

4. (4)

   Subclause (1) does not apply in relation to the person occupying the position of Director under section 72 of the principal Act immediately before the relevant day.

16—Contracts etc

1. (1)

   All assets, rights and liabilities of the Board are transferred to the Commissioner.

2. (2)

   A liability of the Board transferred to the Commissioner under subclause (1) may be paid from the Fidelity Fund.

3. (3)

   The transfer of assets, rights and liabilities under this clause operates by force of this clause and despite the provisions of any other law.

4. (4)

   A reference to the Board in an instrument or agreement that gives rise to or evidences an asset, right or liability under subclause (1) will have effect as if it were a reference to the Commissioner.

17—Continuing obligation of confidentiality

1. (1)

   Section 37 of the principal Act as in force immediately before the commencement of section 24 of this Act continues to apply to the Society and to a person employed or appointed before that commencement as an approved auditor or inspector to make an audit or examination of accounts.

2. (2)

   Section 73 of the principal Act as in force immediately before the commencement of section 44 of this Act continues to apply to a person who was, before that commencement, a member of the Board or employed or engaged on work related to the affairs of the Board.

18—Tribunal members

1. (1)

   The office of all members of the Legal Practitioners Disciplinary Tribunal will become vacant on the commencement of section 45 of this Act.

2. (2)

   A person who ceases to hold office as a member of the Tribunal under subclause (1)—

   1. (a)

      may be appointed to the vacant office; or

   2. (b)

      may continue to act as a member of the Tribunal for the purpose of completing the hearing and determination of proceedings part‑heard on the commencement of section 45.

Statutes Amendment (Legal Practitioners) Act 2014, Sch 1—Transitional provision

1—Fidelity Fund

Money in the Fidelity Fund (within the meaning of the Legal Practitioners Act 1981) may be applied for the purpose of reimbursing the expenses incurred by the Crown in funding the establishment and operation of the Office of the Legal Profession Conduct Commissioner, including the costs associated with the salaries and related expenses of the Commissioner and his or her staff, in the period commencing 1 February 2014 (the Commissioner's date of appointment) and ending on the day on which this clause comes into operation.

Notaries Public Act 2016, Sch 1 Pt 3—Transitional provision

6—Continuation of roll and persons admitted to the roll

The roll of all public notaries kept by the Registrar of the Supreme Court under Part 7 of the Legal Practitioners Act 1981 immediately before the commencement of this Act continues after that commencement as the roll of notaries public required to be kept by the Registrar of the Supreme Court under section 7 of this Act and a person listed on that roll is taken to be admitted as enrolled as a notary public under this Act.

Legal Practitioners (Miscellaneous) Amendment Act 2019, Sch 1

1—Transitional provisions

1. (1)

   Section 77N of the Legal Practitioners Act 1981 as amended by section 7 of this Act applies in relation to a complaint of overcharging received by the Legal Profession Conduct Commissioner after the commencement of the amendment irrespective of whether the final bill to which the complaint relates was delivered to the client before or after that commencement.

2. (2)

   Section 80 of the Legal Practitioners Act 1981, as in force immediately before the commencement of section 8 of this Act, applies in relation to an application for an extension of time heard by the Legal Practitioners Disciplinary Tribunal after the commencement of the amendments made by that section if the charge or charges in relation to which the application is being made arise from a complaint made, or a direction from the Attorney‑General or the Society received, or from an investigation by the Commissioner commenced on the Commissioner's own initiative, before that commencement.

3. (3)

   Section 82(2a) of the Legal Practitioners Act 1981, as in force immediately before the commencement of section 9 of this Act, applies in relation to the laying of a charge before the Legal Practitioners Disciplinary Tribunal after the commencement of the amendment made by that section if the charge arises from a complaint made, or a direction from the Attorney‑General or the Society received, or from an investigation by the Commissioner commenced on the Commissioner's own initiative, before that commencement.

Legal Practitioners (Foreign Lawyers and Other Matters) Amendment Act 2019, Sch 1

1—Transitional provision

Section 77N of the Legal Practitioners Act 1981 as amended by this Act applies in relation to a complaint of overcharging received by the Legal Profession Conduct Commissioner after the commencement of the amendment irrespective of whether the final bill to which the complaint relates was delivered to the client before or after that commencement.

Legal Practitioners (Senior and Queen's Counsel) Amendment Act 2020, Sch 1—Transitional provisions

1—Application of section 92

Section 92 of the Legal Practitioners Act 1981 (as enacted by this Act) applies in relation to a legal practitioner who has been appointed as a Senior Counsel by the Chief Justice of the Supreme Court before or after the commencement of that section.

2—Application of section 93

Section 93 of the Legal Practitioners Act 1981 (as enacted by this Act) applies in relation to a legal practitioner who has been appointed as a Senior Counsel by the Chief Justice of the Supreme Court, or as a Queen's Counsel, before or after the commencement of that section.

Independent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021, Sch 1 Pt 21

76—Savings and transitional regulations

Regulations may be made under any Act amended by this Act (including under the Independent Commission Against Corruption Act 2012 as in force after the commencement of this Act) to make provisions of a saving or transitional nature consequent on the enactment of this Act or on the commencement of specified provisions of this Act.

Historical versions

Reprint—1.8.1990

Reprint No 1—1.10.1991

Reprint No 2—28.5.1992

Reprint No 3—6.7.1992

Reprint No 4—6.5.1993

Reprint No 5—4.11.1993

Reprint No 6—1.1.1994

Reprint No 7—1.7.1994

Reprint No 8—13.6.1996

Reprint No 9—4.11.1996

Reprint No 10—1.1.1997

Reprint No 11—27.3.1997

Reprint No 12—1.2.1999

Reprint No 13—1.7.1999

Reprint No 14—1.1.2000

Reprint No 15—7.12.2000

Reprint No 16—15.7.2001

Reprint No 17—19.6.2003

Reprint No 18—11.12.2003

4.9.2006

1.6.2007

1.2.2010

20.12.2010

30.1.2012

17.6.2013

1.9.2013

1.7.2014

25.9.2014

1.4.2015

13.11.2016

30.7.2017

1.2.2018

1.3.2018

1.12.2019

21.5.2020

1.7.2020

26.11.2020

7.10.2021

24.10.2021

22.6.2023

27.6.2024