Legal Profession Amendment Act 1998 (NSW)

New South Wales

Legal Profession Amendment Act

1998 No 101

Contents

Page

1	Name of Act	2
2	Commencement	2
3	Amendment of Legal Profession Act 1987 No 109	2
4	Amendment of other Acts	2

Schedules

1 Amendment of Legal Profession Act 1987	3
2 Consequential amendment of other Acts	25

New South Wales

Legal Profession Amendment Act

1998 No 101

Act No 101, 1998

An Act to amend the Legal Profession Act 1987 to provide for a Public Purpose Fund and to make further provision with respect to complaints against legal practitioners, the functions of costs assessors and of the Chief Justice of New South Wales, and other matters; and for other purposes. [Assented to 2 November 1998]

Section 1 Legal Profession Amendment Act 1998 No 101

The Legislature of New South Wales enacts:

1 Name of Act

This Act is the Legal Profession Amendment Act 1998.

2 Commencement

This Act commences on a day or days to be appointed by proclamation.

3 Amendment of Legal Profession Act 1987 No 109

The Legal Profession Act 1987 is amended as set out in

Schedule 1.

4 Amendment of other Acts

The Acts specified in Schedule 2 are amended as set out in that
Schedule.

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Amendment of Legal Profession Act 1987	Schedule 1
Schedule 1	Amendment of Legal Profession Act 1987

(Section 3)

[1]        Section 3 Definitions

Insert in alphabetical order in section 3 (1):

Director-General means the Director-General of the

Attorney General’s Department.

Public Purpose Fund means the Public Purpose Fund established under Division 2 of Part 6.

[2]        Section 3 (1), definition of "Statutory Interest Account"

Omit the definition

[3]        Section 59A

Omit section 59A. Insert instead:

59A Payment of costs of Advisory Council

Any amount payable from the Public Purpose Fund for the purpose of meeting the costs of the Advisory Council (including remuneration payable under Schedule 3), is to be paid, in accordance with section 69G, to the Treasurer for the credit of the Consolidated Fund.

[4]        Part 6, Division 1, heading

Insert before section 60 in Part 6

Division 1 General

[5]        Section 60 Definitions

Omit “this Part” wherever occurring.
Insert instead “this Division”.

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Schedule 1 Amendment of Legal Profession Act 1987

Section 61 Money received by solicitor on behalf of another (as inserted by the Legal Profession Amendment Act 1996)

Omit “a bank, building society or credit union” from section 61 (1 )
(a).

Insert instead “an approved financial institution”.

Section 61 (9) (as inserted by the Legal Profession Amendment

Act 1996)

Insert in alphabetical order:

approved financial institution means a bank, building society or credit union that has an agreement with the trustees of the Public Purpose Fund relating to the payment of interest on general trust accounts (as referred to in section 69E).

Section 61 (9), definition of “controlled money” (as inserted by the Legal Profession Amendment Act 1996)

Omit “a bank, building society or credit union”. Insert instead “an approved financial institution”.

Section 67 Statutory Interest Account

Omit the section.

Part 6, Division 2

Insert after section 69:

Division 2 Public Purpose Fund

69A Definitions

In this Division:

general trust account means a general trust account kept

by a solicitor for the purposes of section 61 (1 ) (a).

trustees means the trustees of the Public Purpose Fund.

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69B Public Purpose Fund

(1)

There is to be established a fund called the “Public
Purpose Fund”.

(2)

The following amounts are to be paid to the credit of the

Fund:

(a)	all interest on investments made under section 65,
(b)	any interest accruing on general trust accounts that is required to be paid to the Fund under an agreement referred to in section 69E,
(c)	such other amounts as are payable to the Fund by or under this Act.

69C Trustees of Public Purpose Fund

( 1 )	There are to be trustees of the Public Purpose Fund.
(2)	The trustees consist of:
(a) 3 persons appointed by the Attorney General, of

whom:

(i)       2 are to be members of the Law Society Council nominated by the President of the Law Society, and

( i i )       one is to be a person whom the Attorney General considers to have appropriate qualifications and experience to act as a trustee, and

(b) the Director-General.

(3) Schedule 3A has effect with respect to the trustees of the
Public Purpose Fund.

69D Management and control of Fund

( 1 )	The trustees have the management and control of the Public Purpose Fund.
(2)	The trustees may invest any amount standing to the credit of the Fund in any investment in which a trustee may invest trust funds in accordance with the Trustee Act 1925.

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(3) The trustees may enter into any agreement or arrangement with a person or body under which:

(a)	the person or body provides the trustees with advice concerning the investment of any amount standing to the credit of the Fund, or
(b)	the person or body agrees to invest any such amount on behalf of the trustees.

(4) The Law Society is to administer the Fund on behalf of, and in accordance with the directions of, the trustees.

69E Agreements relating to payment of interest on general

trust accounts

(1)	The trustees may enter into an agreement with a bank, building society or credit union relating to the payment to the Public Purpose Fund of interest accrued on money held in any general trust account at the bank, building society or credit union.
(2)	Interest that accrues on money held in general trust accounts is to be paid to the trustees, for the credit of the Fund, in accordance with the terms of any such agreement.

69F Payments from Fund

( 1 )

The trustees are to pay from the Public Purpose Fund the
following:

(a)	any amounts payable from the Fund for a purpose referred to in section 69G, in accordance with the approval of the Director-General under that section.
(b)	any amounts that the trustees, with the concurrence of the Attorney General, determine should be paid from the Fund for a purpose referred to in section 69I.
(c)	any amounts required to be paid from the Fund in accordance with an order of the Tribunal under section 171E (2).

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(d) any costs or expenses incurred in collecting the interest payable to the Fund and in the management or administration of the Fund.

Payments from the Public Purpose Fund may be made from the capital or income of the Fund, at the discretion of the trustees.

that money in accordance with this Act from any person

Fund under this section does not preclude the recovery of The fact that money is paid out of the Public Purpose

liable to pay the money. Any such money recovered must be paid to the credit of the Public Purpose Fund.

69G Payment of certain costs and expenses from Fund

(1) Payments are to be made from the Public Purpose Fund for the purpose of meeting the following costs and expenses:

the costs of a Council in exercising its functions
under section 16.
the legal costs of a Council in exercising its
functions in relation to practising certificates
under Division 1 of Part 3 , including in responding
to an appeal referred to in section 38B.
the costs of a Council in exercising its functions in
taking action under section 38E to restrain a legal
practitioner or interstate legal practitioner from
contravening section 25,
the costs of the Law Society Council (including its
members, employees or agents) in respect of an
inspection or investigation of the accounts or
affairs of a solicitor or solicitors or a locally

registered foreign lawyer under section 55, to the

extent that such costs are not recoverable under section 55 (8).

the costs of the Advisory Council in exercising its

functions for the purposes of this Act, including remuneration payable under Schedule 3 (see section 59A).

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the expenses of the Law Society in connection with the management of a solicitor’s practice under Part 8A (see section 114G), including any damages and costs reimbursed by the Law Society under section 114F,

the costs of the Commissioner or the Tribunal in relation to the administration of Part 10 (see section 171T),

relation to the administration of Part 10 as applied the costs of the Commissioner or the Tribunal in

by section 82 of the Conveyancers Licensing Act

1995,
the costs of a Council in exercising its functions
for the purposes of Parts 3A and 10,

proceedings in the Supreme Court with respect to the costs of a Council in relation to any

the discipline of a legal practitioner or a locally

registered foreign lawyer (as referred to in section
171M).
the costs of a Council or the Commissioner in
connection with the provision of mediators for the
mediation of consumer disputes under Division 4
of Part 10,

exercising its functions for the purposes of this

the costs of the costs assessors’ rules committee in

Act (see section 208R (4A)).

Fund in accordance with the approval of the
Such payments are to be made by the trustees of the
Director-General.
(3 )	The Director-General is to approve the payment from the Fund of such amounts as the Director-General considers necessary for the purpose of meeting any reasonable costs and expenses referred to in subsection (1), having regard to any budget submitted under section 69H.
(4)	An approval is subject to such conditions as the
Director-General specifies in the approval.
the relevant cost or expense.
Payments under this section are to be made in advance of

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69H Submission of budgets to Director-General

For the purpose of determining the amount to be paid from the Public Purpose Fund for a purpose referred to

in section 6 9 G , the Director-General may require the

beneficiary of the payment to prepare and submit a budget to the Director-General, in respect of such period as the Director-General directs, relating to the costs or expenses of the beneficiary (including projected costs and expenses).

Director-General directs. In particular, the

The budget is to include such information as the

Director-General may require the provision of information about the administration of the beneficiary.

The Director-General may refuse to approve a payment under section 69G if the beneficiary has failed to submit a budget as required under this section.

beneficiary of a payment means the person or body to In this section:

whom or in respect of whom a payment from the Fund

may be made.

69I Discretionary payments from Fund for other purposes

( 1 )	The trustees may from time to time, with the concurrence of the Attorney General, determine that an amount is to be paid from the Public Purpose Fund for any of the following purposes:
(a) the supplementation of any of the following funds:

( i )        the Legal Aid Fund.

( i i )      the Fidelity Fund.

( i i i )     the Law Foundation Fund.

(b) the promotion and furtherance of legal education

in New South Wales.

(c) the advancement, improvement and extension of the legal education of members of the community,

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the conduct of research into the law, the legal system, law reform and the legal profession and into their impact on the community,

the furtherance of law reform,
the establishment and improvement of law
libraries and the expansion of the community’s
access to legal information,
the collection, assessment and dissemination of
information relating to legal education, the law,
the legal system, law reform, the legal profession
and legal services,
the encouragement, sponsorship or support of
projects aimed at facilitating access to legal

information and legal services,

the improvement of the access of economically or

socially disadvantaged people to the legal system,

legal information or legal services.

The trustees are to invite applications for payments from the Fund for the purposes referred to in this section at such intervals as the Director-General directs.

Before making a payment from the Fund for a purpose other than the supplementation of the Legal Aid Fund, the trustees are to consider whether adequate provision has been made from the Fund for the purpose of supplementation of the Legal Aid Fund.

The trustees may approve the making of a payment in advance under this section, but the period with respect to which the payment is made must not exceed 3 years.

A determination of the trustees under this section may be made only by a unanimous decision of the trustees. A unanimous decision is a decision supported unanimously

at a meeting of the trustees at which all the trustees for
the time being are present and vote.

This section does not require the trustees to distribute all of the income or any of the capital of the Public Purpose Fund.

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(7)	In this section:
Law Foundation Fund means the Law Foundation Fund established under the Law Foundation Act 1979.
Legal Aid Fund means the Legal Aid Fund established under the Legal Aid Commission Act 1979.

69J Special audits

(1)

The Auditor General may conduct a special audit under Division 2A of Part 3 of the Public Finance and Audit

Act 1983 of:

(a)	the activities of the Commissioner and the Councils for which costs and expenses may be paid from the Public Purpose Fund, and
(b)	the present and future liability of that Fund for the payment of those costs and expenses.

(2)

The special audit is to be conducted whenever the
Auditor General considers it appropriate.

(3)

For the purposes of the special audit, Division 2A of Part 3 of the Public Finance and Audit Act 1983 applies as if the Attorney General were the head of the relevant authority.

69K Information about Fund to be included in Law Society

Council report

( 1 )	As soon as practicable after 30 June in each year, the trustees are to provide the Law Society Council with a report about the income and expenditure of the Public Purpose Fund for the period of 12 months ending on 30 June in that year.
(2)	The Law Society Council is to include a copy of the report of the trustees in its annual report for the same period under section 57.

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Section 70 Solicitors’ Fidelity Fund

Omit “Statutory Interest Account” from section 70 (1 ) (d).

Insert instead “Public Purpose Fund”.

Section 73 Payments from Fidelity Fund

Omit section 73 (2) (b). Insert instead:

(b) may enter into an agreement or arrangement with the trustees of the Public Purpose Fund to secure the repayment of the money borrowed by creating a charge over money in the Public Purpose Fund.

Section 73 (3)

Insert after section 73 (2):

(3) The trustees of the Public Purpose Fund may create a charge over the money in the Public Purpose Fund pursuant to an agreement or arrangement with the Law Society under this section.

Section 114F Manager may be reimbursed for damages

Omit section 114F (2).

Section 114G Payment of expenses of management

Omit “(in accordance with section 67) from the Statutory Interest

Account“ from section 114G (1) .

Section 114G (3)

Insert after section 114G (2):

(3) If the Law Society recovers such a debt, it is to reimburse the Public Purpose Fund for any amount paid from the Fund in satisfaction of the expenses of the management of the solicitor‘s practice.

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Amendment of Legal Profession Act 1987 Schedule 1

Section 114K Termination of management

Omit “paid out of the Statutory Interest Account”.
Insert instead “paid by the Law Society or out of the Public Purpose

Fund”.

Section 171E Award of costs by Tribunal

Omit “Statutory Interest Account” from section 171E (2).

Insert instead “Public Purpose Fund”.

Section 171I Payment of fines

Omit “to the Law Society for credit of the Statutory Interest of that Fund”.

Account”.

Sections 171MA and 171MB

Insert after section 171M:

171MA Information about complaints procedure

Each Council and the Commissioner must produce information about the procedure for dealing with complaints under this Act and ensure that such information is made available to members of the public on request.

171MB Performance criteria relating to handling of complaints

by Councils and Commissioner

( 1 )	Each Council and the Commissioner must develop performance criteria relating to the handling of complaints under this Part.
(2)	The criteria may be developed jointly or independently by each of the Councils and the Commissioner.

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(3)	Each Council is to include the relevant criteria in its annual report under section 57, together with an assessment of its performance against the criteria in the period to which the report relates.
(4)	The Commissioner is to include the relevant criteria in the Commissioner’s annual report under section 171N, together with an assessment of the Commissioner’s performance against the criteria in the period to which the report relates.

[21]     Section 171T

Omit the section. Insert instead:

171T Costs of administering Part

Any amount payable from the Public Purpose Fund for the purpose of meeting the costs of the Commissioner or the Tribunal is to be paid, in accordance with section 69G, to the Treasurer for credit of the Consolidated Fund.

[22]     Section 208JB

Insert after section 208JA:

208JB Correction of error in determination

( 1 )

At any time after making a determination, a costs

assessor may, for the purpose of correcting an
inadvertent error in the determination:

(a)	make a new determination in substitution for the previous determination, and
(b)	issue a certificate under section 208J that sets out the new determination.

(2)

Such a certificate replaces any certificate setting out the previous determination of the costs assessor that has already been issued by the costs assessor, and any judgment that is taken to have been effected by the filing of that previously issued certificate is varied accordingly.

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[23]      Section 208KHA

Insert after section 208KH (as inserted by the Legal Profession
Amendment (Costs Assessment) Act 1998):

208KHA Correction of error in determination

At any time after making a determination, a panel that conducts a review may, for the purpose of correcting an inadvertent error in the determination:

(a)	make a new determination in substitution for the previous determination, and
(b)	issue a certificate under section 208KF that sets out the new determination of the panel.

Such a certificate replaces any certificate setting out the

previous determination of the panel that has already been issued by the panel, and any judgment that is taken to have been effected by the filing of that previously issued certificate is varied accordingly.

Section 208R Rules of procedure for applications

Omit section 208R (4A). Insert instead:

( 4 A ) Any amount payable from the Public Purpose Fund for the purpose of meeting the costs of the committee is to be paid, in accordance with section 69G, to the Treasurer for credit of the Consolidated Fund.

Section 208S Costs assessors

Insert after section 208S (4):

(5)	Proceedings relating to anything done or omitted to be done by the Chief Justice of New South Wales in respect
of the appointment or removal of a costs assessor
(including terms of appointment and any other incidental matters) may not be instituted against the Chief Justice of New South Wales but may be instituted against “The Proper Officer of the Supreme Court” as nominal defendant.

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Section 208SA Protection from liability

Insert “the Chief Justice of New South Wales, the proper officer of the Supreme Court or” before “a costs assessor”.

Section 208SA

Insert “the Chief Justice of New South Wales, the proper officer or” before “any costs assessor”.

Insert after section 2 11:

Section 211A

211A Delegation of functions of Chief Justice

The Chief Justice of New South Wales may delegate any of his or her functions under this Act (other than this power of delegation) to:

(a)	a Judge of the Supreme Court. or
(b)	a committee comprised of 1 Judge of the Supreme Court and such other persons as the Chief Justice may appoint.

[29]     Schedule 3A

Insert after Schedule 3:

Schedule 3A Trustees of Public Purpose Fund

(Section 69C)

Part 1 General

1 Definitions

In this Schedule:

appointed trustee means a person appointed under

section 69C (2) (a).

trustee means a trustee of the Public Purpose Fund.

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Part 2 Constitution

2 Terms of office of trustees

Subject to this Schedule, an appointed trustee holds office for such period (not exceeding 3 years) as is specified in the trustee’s instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.

3 Remuneration

An appointed trustee is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Attorney General may from time to time determine in respect of the trustee.

4 Deputies

The Attorney General may, from time to time, appoint a person to be the deputy of a trustee, and the Attorney General may revoke any such appointment.

In the absence of a trustee, the trustee’s deputy may, if

available, act in the place of the trustee.

While acting in the place of a trustee, a person:

(a)	has all the functions of the trustee and is taken to be a trustee, and
(b)	is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Attorney General may from time to time determine i n respect of the person.

a trustee is taken to be an absence of the trustee.

For the purposes of this clause, a vacancy in the office of

5 Vacancy in office of trustee

(1 )

The office of an appointed trustee becomes vacant if the
trustee:

(a)	dies, or
(b)	completes a term of office and is not re-appointed, or

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resigns the office by instrument in writing

addressed to the Attorney General, or

is removed from office by the Attorney General

under this clause, or
is absent from 4 consecutive meetings of the
trustees of which reasonable notice has been given
to the trustee personally or by post, except on
leave granted by the Attorney General or unless
the member is excused by the Attorney General
for having been absent from those meetings, or
becomes bankrupt, applies to take the benefit of
any law for the relief of bankrupt or insolvent
debtors, compounds with his or her creditors or
makes an assignment of his or her remuneration
for their benefit, or
becomes a mentally incapacitated person, or
is convicted in New South Wales of an offence
that is punishable by penal servitude or
imprisonment for 12 months or more or is
convicted elsewhere than in New South Wales of
an offence that, if committed in New South Wales,

would be an offence so punishable, or

by section 69C (2) (a) (i) , ceases to be a member

in the case of a trustee nominated as provided for

of the Law Society Council.

(2) The Attorney General may at any time remove an
appointed trustee from office.

6 Filling of vacancy in office of trustee

If the office of an appointed trustee becomes vacant, a person is, subject to this Act, to be appointed to fill the vacancy.

7 Chairperson

( 1 ) The chairperson of the trustees is the person elected to the office of chairperson from time to time by the trustees from among their number.

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(2)

The office of chairperson:

(a)	commences on the day the person elected to the office is declared to be so elected, and
(b)	becomes vacant when the person’s successor is declared to be elected to the office or when the person so elected ceases to hold office as a trustee (whichever happens first).

8 Disclosure of pecuniary interests

If:

(a) a trustee has a direct or indirect pecuniary interest

in a matter being considered or about to be

considered at a meeting of the trustees, and

(b) the interest appears to raise a conflict with the proper performance of the trustee’s duties in

relation to the consideration of the matter,

the trustee must, as soon as possible after the relevant facts have come to the trustee’s knowledge, disclose the nature of the interest at a meeting of the trustees.

A trustee is not to be regarded as having a direct or indirect pecuniary interest in a matter merely because he or she is a legal practitioner or a member of the Law Society, the Bar Association or a Council.

the trustee:

A disclosure by a trustee at a meeting of the trustees that

(a)	is a member, or is in the employment, of a specified company or other body, or
(b)	is a partner, or is in the employment, of a specified person, or
(c)	has some other specified interest relating to a specified company or other body or to a specified person.

is a sufficient disclosure of the nature of the interest in any matter relating to that company or other body or to that person which may arise after the date of the disclosure and which is required to be disclosed under subclause (1).

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be recorded by the trustees in a book kept for the Particulars of any disclosure made under this clause must

purpose and that book must be open at all reasonable hours to inspection by any person on payment of the fee determined by the trustees.

After a trustee has disclosed the nature of an interest in any matter, the trustee must not, unless the Attorney General or the trustees otherwise determine, take part in any decision of the trustees with respect to the matter.

trustees under subclause (5), a trustee who has a direct or

For the purposes of the making of a determination by the

indirect pecuniary interest in a matter to which the disclosure relates must not take part in the making by the trustees of the determination.

virtue of this clause and the determination relates to a If a trustee is prevented from taking part in a decision by

matter that requires a unanimous decision of the trustees under section 69I, the decision is unanimous for the purposes of that section if it is supported by all of the trustees who are entitled to take part in the determination.

decision of the trustees.

A contravention of this clause does not invalidate any

9 Effect of certain other Acts

( 1 )

Part 2 of the Public Sector Management Act 1988 does not apply to or in respect of the appointment of a trustee.

(2)

If by or under any Act provision is made:

(a)	requiring a person who is the holder of a specified office to devote the whole of his or her time to the duties of that office, or
(b)	prohibiting the person from engaging in employment outside the duties of that office.

the provision does not operate to disqualify the person from holding that office and also the office of a trustee or

from accepting and retaining any remuneration payable

to the person under this Act as a trustee.

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Part 3 Procedure

10 General procedure

The procedure for the calling of meetings of the trustees and for the conduct of business at those meetings is, subject to this Act and the regulations, to be as determined by the trustees.

11 Quorum

The quorum for a meeting of the trustees is 3 trustees.

12 Presiding member

(1) The chairperson or, in the absence of the chairperson, a

trustee elected by the trustees present at the meeting, is
to preside at a meeting of the trustees.

(2) The person presiding at a meeting of the trustees has a

deliberative vote and, in the event of an equality of
votes, has a second or casting vote.

(3) Subclause (2) does not affect the requirement under section 69I that certain decisions of the trustees be unanimous.

13 Voting

(1)	A decision supported by a majority of the votes cast at a meeting of the trustees at which a quorum is present is the decision of the trustees.
(2)	This clause does not apply in respect of a decision that is required to be unanimous by section 69I.

14 Transaction of business outside meetings or by

telephone

(1) The trustees may, i f they think fit, transact any of their business by the circulation of papers among all the trustees for the time being and a resolution in writing has effect as a decision of the trustees if it is approved in writing by a majority of those trustees and, for the purposes of section 69I, has effect as a unanimous decision of the trustees if i t is approved in writing by all the trustees for the time being.

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The trustees may, if they think fit, transact any of their business at a meeting at which the trustees (or some trustees) participate by telephone, closed-circuit television or other means, but only if any trustee who speaks on a matter before the meeting can be heard by the other trustees.

For the purposes of:

(a)	the approval of a resolution under subclause (l) , or
(b)	a meeting held in accordance with subclause (2),

the chairperson and each trustee have the same voting rights as they have at an ordinary meeting of the trustees. A resolution approved under subclause (1 ) is, subject to the regulations, to be recorded in the minutes of the meetings of the trustees.

Papers may be circulated among the trustees for the purposes of subclause (1) by facsimile or other transmission of the information in the papers concerned.

meeting

The Attorney General may call the first meeting of the trustees in such manner as the Attorney General thinks

fit.

7 Costs assessors

Insert at the end of clause 2:

(2) A costs assessor may, with the consent of the Chief Justice of New South Wales, continue in office after the expiry of his or her term of office for the purpose of making a determination in respect of, or otherwise completing, any application for costs assessment that was referred to the costs assessor before the expiry of his or her term of office.

Schedule 8 Savings, transitional and other provisions

Insert at the end of clause 1A (1):

Legal Profession Amendment Act 1998

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[32]      Schedule 8

Insert in Schedule 8 (with appropriate Part and clause numbers):

Part Provisions consequent on enactment of Legal Profession Amendment Act 1998

Definitions

In this Part:
Solicitors’ Trust Account Fund means the fund known

as the “Solicitors’ Trust Account Fund” or the “Law Society Solicitors’ Trust Accounts Fund”, established by the Law Society before the commencement of Division 2 of Part 6 (as inserted by the Legal Profession Amendment Act 1998).

Statutory Interest Account means the fund maintained

by the Law Society under section 67 of the Act, as in force immediately before the repeal of that section by the Legal Profession Amendment Act 1998.

Continuation of Statutory Interest Account

The Public Purpose Fund is a continuation of the Statutory Interest Account and accordingly the following provisions have effect:

(a)	the assets and liabilities of the Statutory Interest Account are the assets and liabilities of the Public Purpose Fund.
(b)	a reference in any instrument (other than this Act) to the Statutory Interest Account is taken to be a reference to the Public Purpose Fund.

Continuation of Solicitors’ Trust Account Fund

The Public Purpose Fund is a continuation of the Solicitors‘ Trust Account Fund and accordingly the following provisions have effect:

(a) the assets and liabilities of the Solicitors’ Trust Account Fund are the assets and liabilities of the Public Purpose Fund.

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(b) a reference in any instrument (other than this Act) to the Solicitors’ Trust Account Fund is taken to be a reference to the Public Purpose Fund.

Saving of existing arrangements with respect to general trust accounts

( 1 )	Any agreement relating to the payment of interest on
general trust accounts kept by solicitors for the purposes of section 61 that had effect immediately before the commencement of section 69E (as inserted by the Legal Profession Amendment Act 1998), and that is approved
by the trustees of the Public Purpose Fund for the purposes of section 69E (whether before or after the commencement of that section), is taken to be an agreement for the purposes of section 69E.
(2)	Any bank, building society or credit union that is a party to such an agreement is taken to be an approved financial institution for the purposes of section 61.
(3)	A reference in Division 2 of Part 6, as inserted by the Legal Profession Amendment Act 1998, to a general trust account kept by a solicitor for the purposes of section 61 (1 ) (a) extends to a general trust account kept by a solicitor for the purposes of section 61 ( 2 ) (a), as in force before the commencement of Schedule 4 [6] to the Legal Profession Amendment Act 1996.

Proceedings relating to appointment or removal of costs assessors

Section 208S (5), as inserted by the Legal Profession Amendment Act 1998, does not affect any proceedings instituted before the commencement of that subsection.

Correction of errors in determinations

( 1 )	Section 208JB, as inserted by the Legal Profession Amendment Act 1998, does not apply to a determination made by a costs assessor before the commencement of that section.
(2)	Section 208KHA, as inserted by the Legal Profession Amendment Act 1998, does not apply to a determination made by a panel before the commencement of that section.

Legal Profession Amendment Act 1998 No 101

Consequential amendment of other Acts	Schedule 2
Schedule 2	Consequential amendment of other Acts

(Section 4)

2.1	Conveyancers Licensing Act 1995 No 57
Section 9 Applications for licences
Omit subsection (6). Insert instead:

(6) The prescribed proportion of the application fees
received by the Director-General under this section is to

be paid by the Director-General to the trustees of the

Public Purpose Fund for the credit of the Public Purpose Fund maintained under Division 2 of Part 6 of the Legal

Profession Act 1987, to be applied as authorised by that

Act.

2.2	Law Foundation Act 1979 No 32
[1]	Section 3 Definitions
Omit the definition of Statutory Interest Account. Insert in alphabetical order:

Public Purpose Fund means the Fund maintained under Division 2 of Part 6 of the Legal Profession Act 1987.

[2]        Section 17 Composition of Fund

Omit paragraph (b). Insert instead:

(b) all money paid to the Foundation out of the Public

Purpose Fund.

Legal Profession Amendment Act 1998 No 101

Schedule 2	Consequential amendment of other Acts
2.3	Legal Aid Commission Act 1979 No 78
Section 63 Payments into Fund
Omit subsection ( l ) (a). Insert instead:

(a) all amounts paid out of the Public Purpose Fund maintained under Division 2 of Part 6 of the Legal Profession Act 1987 for the purpose of supplementation of the Legal Aid Fund,

[Minister’s second reading speech made in—

Legislative Assembly on 14 October 1998
Legislative Council on 21 October 1998]