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

2884 GOVERNMENT GAZETTE, WA 17 July 2015

JUSTICE

JU301*

Legal Profession Act 2008

Legal Profession Amendment Rules (No. 2) 2015

Made by the Legal Practice Board.

1.             Citation

These rules are the Legal Profession Amendment Rules
(No. 2) 2015.

2.             Commencement

These rules come into operation as follows —

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

3.             Rules amended

These rules amend the Legal Profession Rules 2009.

4.             Rule 3A replaced

Delete rule 3A and insert:

3A.	Supervised legal practice (s. 3)
For the purposes of paragraph (f) of the definition of supervised legal practice in section 3 of the Act, legal practice by a person who is an Australian legal practitioner in a capacity that is approved under rule 19 or 24 is approved.

5.             Rule 19 replaced

Delete rule 19 and insert:

19.           Restricted legal practice (s. 50)

For the purposes of paragraph (f) of the definition of restricted legal practice in section 50(1) of the Act, legal practice by a person who is an Australian legal practitioner in a capacity mentioned in an item of the Table is approved if it is engaged in under the required

supervision mentioned in the item.

17 July 2015 GOVERNMENT GAZETTE, WA 2885

Table

Item	Capacity of legal practice	Required supervision
1.	As an employee of a law	The supervision of an
practice, being an	Australian legal
employee who is seconded	practitioner who holds an
to work for a body that	unrestricted practising
carries on a business other	certificate and who is a
than the practice of law	partner, director or employee of the body
2.	As an employee of a law	During periods of the sole
practice at which there is	practitioner’s absence and
only one Australian legal	with the Board’s approval,
practitioner who holds an	the supervision of another
unrestricted practising	Australian legal
certificate (the sole	practitioner who holds an
practitioner)	unrestricted practising certificate
3.	As an employee or other	The supervision of an
member of staff of the	Australian legal
Aboriginal Legal Service	practitioner who holds an
of Western Australia (Inc.)	unrestricted practising
(the ALS)	certificate and who is an employee of the ALS
4.	As an employee or other	The supervision of an
member of staff of the	Australian legal
Legal Aid Commission of	practitioner who holds an
Western Australia	unrestricted practising
established by the Legal	certificate and who is an
Aid Commission Act 1976	employee of the LAC
(the LAC)
5.	As an employee or other	The supervision of an
member of staff of a	Australian legal
community legal centre as	practitioner who holds an
defined in section 388(1)	unrestricted practising
of the Act	certificate and who provides (whether or not for remuneration) legal services to, or on behalf of, the centre

2886 GOVERNMENT GAZETTE, WA 17 July 2015

Item	Capacity of legal practice	Required supervision
6.	As a volunteer for a local	The supervision of an
charitable or not-for-profit	Australian legal
body if approved by the	practitioner who holds an
Board to do so	unrestricted practising certificate and who provides (whether or not for remuneration) legal services to, or on behalf of, the body

6.             Rule 24 replaced

Delete rule 24 and insert:

24.           Restricted legal practice by interstate legal practitioner (s. 72)

For the purposes of paragraph (f) of the definition of restricted legal practice in section 72(1) of the Act, legal practice by a person who is an Australian legal practitioner in a capacity mentioned in an item of the Table is approved if it is engaged in under the required

supervision mentioned in the item.

Table

Item	Capacity of legal practice	Required supervision
1.	As an employee of a law	The supervision of an
practice, being an	Australian legal
employee and who is	practitioner who holds an
seconded to work for a	unrestricted practising
body that carries on a	certificate and who is a
business other than the	partner, director or
practice of law	employee of the body
2.	As an employee of a law	During periods of the sole
practice at which there is	practitioner’s absence and
only one Australian legal	with the Board’s approval,
practitioner who holds an	the supervision of another
unrestricted practising	Australian legal
certificate (the sole	practitioner who holds an
practitioner)	unrestricted practising certificate

17 July 2015 GOVERNMENT GAZETTE, WA 2887

Item	Capacity of legal practice	Required supervision
3.	As an employee or other	The supervision of an
member of staff of the	Australian legal
Aboriginal Legal Service of	practitioner who holds an
Western Australia (Inc.)	unrestricted practising
(the ALS)	certificate and who is an employee of the ALS
4.	As an employee or other	The supervision of an
member of staff of the	Australian legal
Legal Aid Commission of	practitioner who holds an
Western Australia	unrestricted practising
established by the Legal	certificate and who is an
Aid Commission Act 1976	employee of the LAC
(the LAC)
5.	As an employee or other	The supervision of an
member of staff of a	Australian legal
community legal centre as	practitioner who holds an
defined in section 388(1) of	unrestricted practising
the Act	certificate and who provides (whether or not for remuneration) legal services to, or on behalf of, the centre
6.	As a volunteer for a local	The supervision of an
charitable or not-for-profit	Australian legal
body if approved by the	practitioner who holds an
Board to do so	unrestricted practising certificate and who provides (whether or not for remuneration) legal services to, or on behalf of, the body

Made by the Legal Practice Board under Part 17 of the Act.

J. SYMINTON, Member.
P. van HATTEM, SC, Member.
G. TANNIN, SC, Member.
A. PASCOE, Member.