Legal Profession Amendment Regulations (No. 2) 2015 (WA)

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.1118 GOVERNMENT GAZETTE, WA 31 July 2015

JUSTICE

.1U301*

Legal Profession Act 2008

Legal Profession Amendment Regulations

(No. 2) 2015

Made by the Governor in Executive Council.

1.            Citation

These regulations are the Legal Profession Amendment
Regulations (No. 2) 2015.
section 388(1) of the Act.

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 3 amended

(1) In regulation 3 insert in alphabetical order:

Legal Aid Commission has the meaning given in

31 July 2015 GOVERNMENT GAZETTE, WA 3119

(2) In regulation 3 in the definition of entity delete "body." and

insert:

body;

5.            Regulation 5A inserted

At the beginning of Part 2 insert:

5A. Exceptions to prohibition on engaging in legal
practice when not entitled (Act s. 12(3)(h))

For the purposes of section 12(3)(h) of the Act, section 12(2) of the Act does not apply to a person doing legal work under the supervision of an Australian legal practitioner as a paid employee of—

(a) the Legal Aid Commission; or
(b) a community legal centre; or
(c) a corporation other than an incorporated legal practice.

6.            Regulation 73A inserted

At the end of Part 7 Division 7 insert:

73A. Board may grant exemptions from s. 237(1)

The Board may by written notice exempt a law practice from the requirement to have trust records examined under section 237(l) of the Act to the extent that is specified in the notice.

7.            Regulation 97 amended

In regulation 97(1):

(a) in paragraph (g)(iii) delete "insurance." and insert:

insurance;

(b) after paragraph (g) insert:

(h) a practitioner who -

(i) holds a local practising certificate with a

condition imposed that the holder only
engages in the provision of legal
services on a not-for-profit basis and
does not charge any person nor seek to

3120 GOVERNMENT GAZETTE, WA 31 July 2015

recover a fee from any person, except
for any fee arrangements that are

specified in that condition; and

(ii) holds or is covered by professional

indemnity insurance issued in
accordance with the National Pro Bono
Resource Centre's professional
indemnity insurance arrangement.

8.            Schedule 2 amended

In Schedule 2 under the heading "Community legal centres" insert

in alphabetical order:

Aboriginal Legal Service of Western Australia (Inc)
Law Access Limited

R. KENNEDY, Clerk of the Executive Council.

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