Legal Profession Amendment Regulations 2014 (WA)

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11 April 201 1 GOVERNMENT GAZETTE, WA 1017

JUSTICE

JU3O1*

Legal Profession Act 2008

Legal Profession Amendment Regulations 2014

Made by the Governor in Executive Council.

1.            Citation

These regulations are the Legal Profession Amendment
Regulations 2014.

2.            Commencement

These regulations come into operation as follows -

(a) regulations 1 and 2— on the day on which these regulations are published in the Gazette;
(b) the rest of the regulations - on the day after that day.

3.            Regulations amended

These regulations amend the Legal Profession
Regulations 2009.

4.            Regulation 12 amended

(1) In regulation 12 delete "In this Division -" and insert:
(I) In this Division—
(2) In regulation 12 insert in alphabetical order:
current local practising certificate.

QA provider means an entity approved under the CPD rules as a quality assured provider of professional development activities;

(3) At the end of regulation 12 insert:
(2) In this Division, a reference to a WA government

lawyer includes a WA government lawyer who holds a

1018 GOVERNMENT GAZETTE, WA 11 April 2014

5.            Regulation 14 amended

After regulation 14(3) insert:

(4) The employing authority of one or more prescribed

WA government lawyers does not have to comply with subregulations (2) and (3)(b) if—

(a) the Attorney General has (whether before or

after the commencement of the Legal
Profession Amendment Regulations 2014)
previously approved under regulation 13
arrangements for the continuing professional

development of the lawyers; and

(b) the arrangements require the lawyers -

(i)     to complete professional development activities provided by QA providers, in accordance with substantially the same requirements that apply to local legal

practitioners under the CPD rules; or

(ii)     to complete professional development activities provided by an officer who is to be taken under regulation 15(4) to be a QA provider; or

(iii)

to complete a combination of the referred to in subparagraphs (i) and (ii);

and

(c) the arrangements do not provide for the lawyers

to undertake any professional development
activities other than those activities referred to

in paragraph (b).

(5) In subregulation (4) -
prescribed WA government lawyer means a WA
government lawyer other than a lawyer -
(a) referred to in the definition of WA government lawyer paragraph (a), (b) or (c) in section 36(1) of the Act; or
(b) employed in the government agency referred to in item 3 of the Table to regulation 11.

6.            Regulation 15 amended

(1) Delete regulation 15(4) and insert:

(4) The State Solicitor, Parliamentary Counsel, Director of

Public Prosecutions and Solicitor-General are each to be taken to be a QA provider when providing

11 April 2014 GOVERNMENT GAZETTE, WA 1019

continuing professional development to a WA
government lawyer under an approved CPD
arrangement, whether the lawyer is employed in the
office of any of those officers or in a government

agency referred to in regulation 11.

(2) Delete regulation 15(5).

N. HAGLEY, Clerk of the Executive Council.

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