Legal Practitioners Act Amendment Act 1973 (WA)

WESTERN AUSTRALIA.

LEGAL PRACTITIONERS.

No. 56 of 1973.

AN ACT to amend the Legal Practitioners

Act, 1893-1971.

[Assented to 19th November, 1973.]

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

1. (1) This Act may be cited as the Legal Short title

Practitioners Act Amendment Act, 1973. and citation.

(2) In this Act the Legal Practitioners Act, 1893- Vol. 22 of the

1971, is referred to as the principal Act.	Reprinted	Acts
approved for

(3) The principal Act as amended by this Act gig:1012ga

may be cited as the Legal Practitioners Act, 1893- 1968 ' and

further

amended by

1973.

59 of 1969,	Acts Nos.
36 of 1971.	'1 9 of 1970 and

No. 56.] Legal Practitioners. [1973.

Amendment

to 0. 1.

2. Section 1 of the principal Act is amended

(Short title

and division.)

(a)	by deleting the word "seven", in line two; and
(b)	by substituting for the section designation "58F", at the end of the passage "PART VA.—CONTROL OF CERTAIN PRAC- TICES, ss. 58A-58F", the section designa- tion "58K".

Amendment

to s. 4. 3. Subsection (1) of section 4 of the principal

(Constitu tio Act is amended—

of Barrin	sters'
Board.)

(a)	by substituting for the word "Five", in line one of paragraph (d), the word "Seven";
(b)	by deleting paragraph (e); and
(c)	by deleting the passage "pursuant to the provisions of section three of the Judges' Retirement Act, 1937-1950", in lines three, four, and five of paragraph (f).

Amendment	4.	Subsection (1) of section 6 of the principal
to s. 6.
(Power to

make inlet)

Act is amended by deleting the words "the five" in

line two of paragraph (a).

Amendment

to s. 10.	5.	Subsection (3) of section 10 of the principal
as to

(Restrictions	Act is amended by deleting the word "four" in line
articled
clerks.)	seven and substituting the word "seven".

Amendment	6.	Part VA of the principal Act is amended
to Part VA. (Control of certain

Practices.) (a) by adding before the interpretation "prac- tice", in section 58A, an interpretation as follows

"Board's appointee" means a certificated practitioner appointed by the Board under subsection (1) of section fifty- eight G;

1973.] Legal Practitioners. [No. 56.

(b) by substituting for the interpretation "practice", in section 58A, an interpretation as follows

"practice" means, as the case require;

the practice of

(a)	a practitioner in respect of whose bank accounts or ac- counts an order, other than an order for revocation, has been made under section fifty- eight B or fifty-eight C;
(b)	a deceased practitioner in respect of whose trust account an order has been made under section fifty-eight C;
(c)	a practitioner in respect of whom an inquiry is authorised under section fifty-eight G; or
(d)	a practitioner in respect of whom, or in respect of whose trust account, an order has been made under section fifty- eight I; ;

(c) by substituting for the interpretation "supervising solicitor", in section 58A an interpretation as follows

"supervising solicitor" means, as the case requires, a certificated practitioner appointed by the Board

(a) under section fifty-eight D;

or

(b) pursuant to the powers con- ferred on the Board by para- graph (a) of section fifty- eight J,

to conduct a practice; ;

(d) by adding after the section designation "58D." the subsection designation "(1)";

No. 56.] Legal Practitioners. [1973.

(e) by adding at the end of section 58D a sub- section as follows

(2) An appointment made pursuant to subsection (1) of this section shall be in writing and be signed by the chairman or by two members of the Board. ;

(f)	by adding after the section designation "58E." the subsection designation "(1)";
(g)	by adding at the end of section 58E a sub- section as follows

(2) The supervising solicitor may, on production of his instrument of appoint- ment

(a) require-

(i)   the practitioner to whom the appointment relates, or any of his clerks, servants, or agents, or in the case of a deceased practitioner, his personal representative or any of the former clerks, serv- ants, or agents of the deceased practitioner, to produce to the supervising solicitor any books, files, papers, or documents relating to the practice that, in the opinion of the supervising solicitor, may be reasonably necessary for the purposes of con- ducting the practice; and

(ii)   the manager or principal officer of a bank in which the practitioner or deceased practitioner to whom the appointment relates has or had de- posited money, notwith- standing any rule of law

1973.] Legal Practitioners. [No. 56.

to the contrary, to disclose every account of that practitioner that, in the opinion of the supervising solicitor, may be relevant to the conduct of the practice and to permit the making of a copy or extracts of any such account;

(b) enter upon any premises of the practitioner to whom the appointment relates, or, in the case of a deceased practitioner, his former premises, and take possession of all books, files, papers, documents, and other things relating to the practice, and that, in the opinion of the supervising solicitor, may be relevant to or necessary for the conduct of the practice. ;

and

(h) by adding at the end of the Part sections as follows-

58G. (1) The Board may at any time appoint a certificated practitioner to

Power of

Board to

tificatedappoint cer- practitioner

inquire whether or not another practi-

to inquire

into and

tioner is, for any reason, incapable of

report on

practice of

properly conducting his practice, and to

another.

report thereon to the Board.

(2) An appointment made pursuant to subsection (1) of this section shall be in writing and be signed by the chairman or by two members of the Board.

(3) The Board's appointee may, upon production of his instrument of appoint- ment, require

(a) the practitioner to whom the appointment relates, or any of his clerks, servants, or agents, to

No. 56.] Legal Practitioners. [1973.

produce to the Board's appointee any books, files, papers, or docu- ments relating to the practice that, in the opinion of the Board's appointee, may be rea- sonably necessary for the pur- poses of the inquiry; and

(b) the manager or principal officer of a bank in which the practi- tioner to whom the inquiry re- lates has deposited money, not- withstanding any rule of law to the contrary, to disclose every account of that practitioner that, in the opinion of the Board's appointee, may be rele- vant to the inquiry and to per- mit the making of a copy or extract of any such account.

(4) A person who, being required to do anything pursuant to subsection (3) of this section, without lawful excuse of which the proof lies on him, refuses or fails to do the thing required or who hinders or obstructs the Board's ap- pointee in the exercise of his powers or hinders or obstructs the Board's ap- pointee, or any person employed by him, in the performance of his duties commits an offence.

Penalty: Two hundred dollars.

Board may

apply to

Judge for an	5811. On receipt of the report of the
order.	Board's appointee the Board shall con- sider it and may where the circumstances so require apply to a Judge for an order under section fifty-eight I.
Powers of
Judge.	58 I. (1) Where a Judge, on the appli- cation of the Board, notice whereof shall be given to the practitioner, is satisfied that there are reasonable grounds for

1973.] Legal Practitioners. [No. 56.

believing that a practitioner is, for any reason, incapable of properly conducting his practice, the Judge may

(a)	suspend the practitioner from practising for such period as may be specified in the order;
(b)	restrain the practitioner and his bankers and their respective servants and agents from deal- ing in all or any of the bank accounts of the practitioner, subject to such terms and condi- tions as the Judge thinks fit;
(c)	authorise the Board to appoint a supervising solicitor;
(d)	authorise the Board to suspend the practitioner from practising until further notice;
(e)	make such further or other orders as the Judge thinks fit.

(2) Where the Judge authorises the Board to appoint a supervising solicitor pursuant to the powers conferred by sub- section (1) of this section the Judge

(a)	may order that the supervising solicitor be empowered to with- draw moneys from any bank account of the practitioner; and
(b)	may make like orders to those which may be made under sec- tion fifty-eight C.

(3) A Judge may, on the application of the Board, the practitioner, or any person interested, notice whereof shall be given, by further order revoke or vary an order made under the provisions of sub- sections (1) and (2) of this section.

(4) The practitioner and his bankers and their respective servants and agents shall give effect to an order made under this section according to its tenor.

No. 56.] Legal Practitioners. [1973.

(5) If an order is made under para- graph (b) of subsection (2) of this sec- tion, paragraphs (a) and (b) of section fifty-eight F apply in relation thereto.

Effect of

certain 58J. Where an order is made under

orders. subsection (1) of section fifty-eight I

(a)	the Board has, with such modi- fications as are necessary, like powers to those conferred by paragraphs (a), (b), and (c), of section fifty-eight D;
(b)	a supervising solicitor appointed pursuant to that order and those powers has like powers and duties to those conferred and imposed on a supervising soli- citor by section fifty-eight E, including carrying on the prac- tice until it can be otherwise dealt with according to law.

Offence. 58K. A person who, being required to do anything by a supervising solicitor pursuant to the powers conferred on the supervising solicitor by this Act, without lawful excuse of which the proof lies on him, refuses or fails to do the thing required or who hinders or obstructs the supervising solicitor in the exercise of his powers or hinders or obstructs the super- vising solicitor, or any person employed by him, in the performance of his duties commits an offence.

Penalty: Two hundred dollars. .