Legal Profession Uniform Law Application Act 2014 (NSW)
An Act to apply the Legal Profession Uniform Law as a law of New South Wales; to provide for certain local matters to complement that Law; to repeal the Legal Profession Act 2004; to make transitional arrangements; to make consequential amendments to other Acts; and for other purposes.
This Act is the Legal Profession Uniform Law Application Act 2014.
This Act commences on a day or days to be appointed by proclamation.
Different days may be appointed under subsection (1) for the commencement of different provisions of the Legal Profession Uniform Law set out in Schedule 1 to the Legal Profession Uniform Law Application Act 2014 of Victoria.
In this Act—
(a) subject to paragraph (b), the Law Society Council, or
(b) in relation to matters relating to barristers or former barristers (including an application for a practising certificate to practise as a barrister)—the Bar Council.
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
Terms used in this Act and also in the Legal Profession Uniform Law (NSW) have the same meanings in this Act as they have in that Law.
Notes included in this Act do not form part of this Act.
In any Act or instrument made under an Act—
(a) Parts 6 and 7 of this Act, and
(b) Schedules 1, 2 and 6 to this Act, and
(c) Part 4.3 of the Legal Profession Uniform Law (NSW), and
(d) regulations or rules made under or for the purposes of the provisions referred to in paragraphs (a)–(c).
(a) this Act and the local regulations, and
(b) the Legal Profession Uniform Law (NSW), and
(c) the Uniform Regulations and the Uniform Rules as they apply in this jurisdiction.
The Legal Profession Uniform Law set out in Schedule 1 to the Legal Profession Uniform Law Application Act 2014 of Victoria—
(a) applies as a law of this jurisdiction, and
(b) as so applying may be referred to as the Legal Profession Uniform Law (NSW), and
(c) so applies as if it were an Act.
The following Acts of this jurisdiction do not apply to the Legal Profession Uniform Law (NSW) or to instruments made under that Law—
(a) the Interpretation Act 1987 (except as provided by section 416(6) of the Legal Profession Uniform Law (NSW) and section 8 of this Act),
(b) the Subordinate Legislation Act 1989.
To avoid doubt, this section does not limit the application of—
(a) the Interpretation Act 1987 to a provision of this Act, or
(b) the Subordinate Legislation Act 1989 to local regulations.
In this section—
(a) a Public Service agency or other government sector agency within the meaning of the Government Sector Employment Act 2013, or
(b) a NSW Government agency (see section 13A of the Interpretation Act 1987), or
(c) an entity constituted by or under an Act or exercising public functions (such as a State owned corporation), being an entity that is prescribed by the local regulations for the purposes of this definition.
(a) the Privacy and Personal Information Protection Act 1998,
(b) the Government Information (Public Access) Act 2009,
(c) the State Records Act 1998,
(d) the Ombudsman Act 1974.
The relevant Acts apply to the Legal Services Council and the Commissioner for Uniform Legal Services Regulation in the manner provided by section 416 of the Legal Profession Uniform Law (NSW) and do not apply by their own force.
However, the relevant Acts apply to a government sector agency or government sector employee exercising a function under the Legal Profession Uniform Law (NSW).
The Government Sector Audit Act 1983 and the Government Sector Finance Act 2018 apply to the Legal Services Council and the Commissioner for Uniform Legal Services Regulation as if they were each a GSF agency within the meaning of those Acts.
The local regulations may modify the Government Sector Audit Act 1983 and Government Sector Finance Act 2018 for the purposes of this section.
Without limiting subsection (2), the provisions of section 416 (5) of the Legal Profession Uniform Law (NSW) apply to the local regulations under this section in the same way as they apply to the Uniform Regulations.
Sections 40 and 41 of the Interpretation Act 1987 and the provisions of the Legislation Review Act 1987 apply to a Uniform Regulation in the same way as they apply to a statutory rule.
However, if a Uniform Regulation is disallowed in this jurisdiction, the regulation does not cease to have effect in this jurisdiction unless the regulation is disallowed in a majority of the participating jurisdictions (and, in such a case, the regulation ceases to have effect on the date of its disallowance in the last of the jurisdictions forming the majority).
In this section—
If there are only 2 participating jurisdictions, a majority would in that case consist of both jurisdictions.
If—
(a) an act or omission is an offence against the Legal Profession Uniform Law (NSW) and is also an offence against a law of another participating jurisdiction, and
(b) the offender has been punished for the offence under the law of the other jurisdiction,
the offender is not liable to be punished for the offence against the Legal Profession Uniform Law (NSW).
In the Legal Profession Uniform Law (NSW)—
A person or body specified in Column 2 of Table 1 is the designated local regulatory authority for the purposes of a provision of the Legal Profession Uniform Law (NSW) specified in Column 1 of that Table opposite that person or body.
See section 6 of the Legal
Profession Uniform Law (NSW) for the definition of
Table 1 Designated local regulatory authorities
Column 1 | Column 2 |
Provision of Legal Profession Uniform Law (NSW) | Designated local regulatory authority |
Chapter 2, section 14 | Bar Council Law Society Council |
Chapter 2, Part 2.2 (except section 23) | NSW Admission Board |
Chapter 2, section 23 | Bar Council Law Society Council |
Chapter 3 (except sections 49, 50, 119, 120 and 121 and Part 3.4) | Appropriate Council |
Chapter 3, section 49 | Law Society Council |
Chapter 3, section 50 | Bar Council |
Chapter 3, Part 3.4 | Bar Council Law Society Council |
Chapter 3, sections 119 and 120 (1) | Bar Council Law Society Council |
Chapter 3, section 120(4) | NSW Commissioner Bar Council Law Society Council |
Chapter 3, section 121 (except in the case of a person convicted of a serious offence) | Appropriate Council |
Chapter 3, section 121 (in the case of a person convicted of a serious offence) | NCAT |
Chapter 4 (except sections 174, 178, 194, 197, 202, 205, 215, 256, 257 and 258) | Law Society Council |
Chapter 4, sections 174, 178, 194, 197, 202 and 205 | NSW Commissioner |
Chapter 4, section 215 | Appropriate Council |
Chapter 4, sections 256 and 257 | NSW Commissioner Appropriate Council |
Chapter 4, section 258 | Appropriate Council |
Chapter 5 | NSW Commissioner Section 405(2) of the Legal Profession Uniform Law (NSW) contemplates that the local regulatory authority (the NSW Commissioner) may delegate Chapter 5 functions to a professional association (the Bar Association or Law Society). See also sections 29(c) and 31(1)(c) of this Act. |
Chapter 6 | Appropriate Council |
Chapter 7 (except to the extent that it applies to complaint investigations) | NSW Commissioner Appropriate Council |
Chapter 7 to the extent that it applies to complaint investigations | NSW Commissioner These functions of the NSW Commissioner under Chapter 7 are “Chapter 5 functions” and therefore may be exercised by the Bar Association or Law Society by delegation. See the note in relation to Chapter 5 above. |
Chapter 9, section 421(2)(f) | NSW Admission Board |
Chapter 9, section 436(1) | NSW Admission Board (in relation to admissions) NSW Commissioner (in relation to Chapter 5 functions) Appropriate Council |
Chapter 9, section 436(2) | NSW Admission Board |
Chapter 9, sections 437, 446, 447, 448, 449 and 453 | NSW Admission Board NSW Commissioner Bar Council Law Society Council |
Chapter 9, section 466(7) | Appropriate Council |
Schedule 3 (except clause 14) | Appropriate Council |
Schedule 3, clause 14 | NSW Commissioner |
The Prothonotary of the Supreme Court is the designated local roll authority for the purposes of sections 23, 24 and 462 of the Legal Profession Uniform Law (NSW).
See section 6 of the Legal
Profession Uniform Law (NSW) for the definition of
A body specified in Column 2 of Table 2 is the designated tribunal for the purposes of a provision of the Legal Profession Uniform Law (NSW) specified in Column 1 of that Table opposite that body.
See section 6 of the Legal
Profession Uniform Law (NSW) for the definition of
Table 2 Designated tribunals
Column 1 | Column 2 |
Provision of Legal Profession Uniform Law (NSW) | Designated tribunal |
Chapter 2, section 23 | NCAT |
Chapter 3, sections 100 and 101 (except in relation to decisions under section 89 or 92) | Supreme Court |
Chapter 3, sections 100 and 101 (in relation to decisions under section 89 or 92) | NCAT |
Chapter 3, section 119 | NCAT |
Chapter 3, section 120 | Supreme Court |
Chapter 4, section 198(4) | Manager, Costs Assessment |
Chapter 4, sections 247 and 248 | Supreme Court |
Chapter 5, Part 5.4, Division 3 | NCAT |
Chapter 5, Part 5.5 | NCAT |
Chapter 5, section 314 | NCAT |
Chapter 6, Parts 6.5 and 6.6 | Supreme Court |
Chapter 9, sections 453, 456 and 457 | A court that would have jurisdiction to order payment of the pecuniary penalty if it were a debt |
Chapter 9, section 474(2) | Any designated tribunal referred to in this table |
For the purposes of section 149(6) of the Legal Profession Uniform Law (NSW)—
(a) the Public Purpose Fund is the nominated fund, and
(b) the Trustees of the Public Purpose Fund are the nominated trust authority.
The Public Purpose Fund is specified for the purposes of section 365 of the Legal Profession Uniform Law (NSW).
This section provides for how unclaimed money in a trust account is to be dealt with, as contemplated by section 167 of the Legal Profession Uniform Law (NSW).
If a law practice holding money in a trust account cannot find the person on whose behalf the money is held or a person authorised to receive it, the practice may—
(a) pay the money to the Treasurer for credit to the Consolidated Fund, and
(b) provide the Treasurer with such information as the Treasurer requires in relation to the money and the person on whose behalf the money was held by the practice.
If a law practice pays money to the Treasurer under subsection (2), the practice is relieved from any further liability in relation to the money.
The Treasurer must pay money deposited under this section to a person who satisfies the Treasurer as to his or her entitlement to the money.
Payment of money to a person under subsection (4)—
(a) discharges the Crown and the Treasurer from any liability in relation to the money, and
(b) does not discharge the person from any liability to another person who establishes a right to the money.
The Treasurer may require any person to provide information that the person has, or can obtain, about the entitlement of a person to money paid to the Treasurer under this section and attempts made to locate the person.
A person of whom a requirement is made under subsection (6)—
(a) must comply with the requirement, and
(b) must not, in purported compliance with the requirement, give information that he or she knows is false or misleading in a material particular.
Maximum penalty (subsection (7)): 20 penalty units.
The Legal Practitioners Fidelity Fund maintained under Division 1 of Part 9 is nominated as the fidelity fund of this jurisdiction for the purposes of Part 4.5 of the Legal Profession Uniform Law (NSW).
See section 222 of the Legal Profession Uniform Law (NSW).
The Law Society Council is specified as the fidelity authority for the purposes of the definition of
Any person holding or acting in the office of Magistrate is the issuing authority for the purposes of section 377 of the Legal Profession Uniform Law (NSW).
Except as provided by the Legal Profession Uniform Law (NSW) or this Act, Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 applies to search warrants under section 377 of the Legal Profession Uniform Law (NSW).
For the purposes of section 456(a) of the Legal Profession Uniform Law (NSW), a penalty referred to in that paragraph is to be paid into the Public Purpose Fund.
Part 3 of Schedule 4 to the Legal Profession Uniform Law (NSW) applies in New South Wales.
Section 468(1) of the Legal Profession Uniform Law (NSW) does not apply to proceedings (including proceedings for an offence), hearings or inquiries under—
(a) the Royal Commissions Act 1923, or
(b) the Special Commissions of Inquiry Act 1983, or
(c) the Independent Commission Against Corruption Act 1988, or
(d) the Law Enforcement Conduct Commission Act 2016, or
(e) the Ombudsman Act 1974.
See section 468(2) of that Law, which contemplates exceptions provided under jurisdictional legislation.
There is constituted by this Act a corporation with the corporate name of the Legal Profession Admission Board.
The Legal Profession Admission Board is referred to in this Act as the
The NSW Admission Board is not and does not represent the Crown.
The NSW Admission Board is a continuation of and the same legal entity as the Legal Profession Admission Board constituted under the Legal Profession Act 2004.
Schedule 3 contains provisions relating to the membership and procedure of the NSW Admission Board.
The NSW Admission Board has the functions conferred on it by or under the Legal Profession Uniform Law (NSW), this Act or any other Act, including by or under the Uniform Rules.
The NSW Admission Board has all the powers necessary to perform its functions, including the powers conferred on it by or under the Legal Profession Uniform Law (NSW), this Act or any other Act, including by or under the Uniform Rules.
The NSW Admission Board may delegate any of the Board’s functions under the Legal Profession Uniform Law (NSW) or this Act, other than this power of delegation and the power to make rules under this division, to—
(a) a committee of the Board, or
(b) a member of the Board, or
(c) a member of the staff of the Board, or
(d) a person, or a class of persons, prescribed by the regulations.
A committee of the Board may subdelegate any of the Board’s functions delegated to the committee to a subcommittee of the committee.
The NSW Admission Board may establish and dissolve committees to assist the Board in the exercise of the Board’s functions.
A committee may be established or dissolved by—
(a) a rule made under section 21A(2)(a), or
(b) a determination made by the NSW Admission Board.
The NSW Admission Board may determine the procedure of a committee.
A committee may act—
(a) in an advisory capacity, or
(b) as delegate of the Board.
The members of a committee do not need to be members of the Board.
Persons may be employed in the Public Service under the Government Sector Employment Act 2013 to enable the Board to exercise the Board’s functions.
See the Government Sector Employment Act 2013, section 59.
The Bar Council, the Law Society Council and the applicant concerned are entitled—
(a) to make representations in writing to the NSW Admission Board in relation to any matter under consideration by the Board under Part 2.2 of the Legal Profession Uniform Law (NSW), and
(b) to be represented and heard at any inquiry or appeal under that Part.
The NSW Admission Board must notify each Council in accordance with the admission rules of—
(a) any application for admission, and
(b) any application for a declaration under section 21 (Declaration of early assessment of suitability for a compliance certificate) of the Legal Profession Uniform Law (NSW), and
(c) any declaration made under that section.
(Repealed)
The NSW Admission Board is entitled to be represented and heard at any appeal referred to in section 28 of the Legal Profession Uniform Law (NSW).
The NSW Admission Board may make rules for or with respect to—
(a) any administrative matters relating to the functions of the Board, and
(b) registration and deregistration as students-at-law and the qualifications for registration, and
(c) the examination and assessment in academic subjects of candidates for registration and students-at-law, and
(c1) the discipline of students-at-law, including enabling the NSW Admission Board to establish a scheme for—
(i) the investigation of misconduct by students-at-law, and
(ii) the discipline of students-at-law found to have engaged in misconduct, and
(c2) the internal review of decisions made by the NSW Admission Board and committees of the Board, and
(d) fees and costs payable for registration and students-at-law (other than fees for admission to the Australian legal profession) and the refund or remission of fees, and
(e) fees in relation to the exercise of functions of the Board, other than a function for which a fee is already prescribed by legal profession legislation, and
(f) the waiver, postponement, reduction or refund, in whole or in part, of the fees.
A provision of legal profession legislation that prescribes a fee prevails, to the extent of an inconsistency, over a rule that specifies a fee.
Without limiting subsection (1) or the power of the NSW Admission Board to delegate functions under section 20A, the rules may—
(a) provide for the establishment, dissolution and procedures of committees of the Board, and
(b) confer or provide for conferring functions on a committee, including any functions of the Board, and
(c) provide that a committee exercises any of its functions in an advisory capacity or as delegate of the Board.
A rule may do any of the following—
(a) apply generally or be limited in its application by reference to specified exceptions or factors,
(b) apply differently according to different factors of a specified kind,
(c) authorise any matter or thing to be from time to time determined, applied or regulated by any specified person or body,
(d) apply, adopt or incorporate a document as in force at a particular time or as in force from time to time.
A rule made under this section must not be inconsistent with—
(a) this Act, or
(b) the Legal Profession Uniform Law (NSW), or
(c) the Admission Rules made by the Legal Services Council under Part 9.2 of that Law.
The rules must be published—
(a) in the Gazette, and
(b) on a website maintained by the Board.
Sections 40 and 41 of the Interpretation Act 1987 apply to the rules in the same way as they apply to a statutory rule.
The NSW Admission Board may approve forms for use in connection with the Board’s functions.
The Governor may, on the recommendation of the Attorney General, appoint a person to be the NSW Legal Services Commissioner.
The Legal Services Commissioner is referred to in this Act as the
The person so appointed is to be a person who, in the opinion of the Attorney General—
(a) is familiar with the nature of the legal system and legal practice (but need not be an Australian legal practitioner), and
(b) possesses sufficient qualities of independence, fairness and integrity.
Schedule 4 contains provisions relating to the NSW Commissioner.
The Attorney General may, from time to time, appoint a person to act in the office of the NSW Commissioner during the illness or absence of the NSW Commissioner (or during a vacancy in the office of NSW Commissioner) and a person, while so acting, has all the functions of the NSW Commissioner.
The Attorney General may, at any time, remove a person from the office of acting NSW Commissioner.
The acting NSW Commissioner is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Attorney General may from time to time determine.
The NSW Commissioner has the functions conferred on him or her by or under the Legal Profession Uniform Law (NSW), this Act or any other Act, including by or under the Uniform Rules.
The NSW Commissioner has all the powers necessary to perform his or her functions, including the powers conferred by or under the Legal Profession Uniform Law (NSW), this Act or any other Act, including by or under the Uniform Rules.
Without limitation, the functions of the NSW Commissioner include the following functions—
(a) to assist and advise complainants and potential complainants in making and pursuing complaints (including assisting complainants to clarify their complaints and to put their complaints in writing),
(b) to conduct regular surveys of, and report on, the views and levels of satisfaction of complainants and respondent Australian lawyers with the complaints handling and disciplinary system,
(c) to assist the Bar Council and Law Society Council to promote community education about the regulation and discipline of the legal profession,
(d) to assist the Bar Council and Law Society Council in the enhancement of professional ethics and standards, for example, through liaison with legal educators or directly through research, publications or educational seminars,
(e) to report on the NSW Commissioner’s activities under the Legal Profession Uniform Law (NSW) or this Act.
The NSW Commissioner may appear by barrister or solicitor before, and be heard by, the Supreme Court in the exercise of the functions of the Supreme Court under the Legal Profession Uniform Law (NSW), this Act or otherwise in relation to Australian lawyers.
The NSW Commissioner may, for the purpose of exercising the NSW Commissioner’s functions, do any of the following—
(a) require the Bar Council or Law Society Council to provide information received by the Council that gives the Council reason to believe that an Australian legal practitioner has engaged in unsatisfactory professional conduct or professional misconduct,
(b) require the Bar Council or Law Society Council to provide information relating to an application for an Australian practising certificate,
(c) require the Bar Council or Law Society Council to provide information relating to a notification made by an Australian lawyer or an Australian-registered foreign lawyer for the purpose of complying with the Legal Profession Uniform Law (NSW), the Uniform Rules, this Act or the regulations,
(d) require the Bar Council or Law Society Council to notify the NSW Commissioner of the Council’s intention to grant, refuse to grant, cancel or suspend an Australian practising certificate.
A requirement by the NSW Commissioner under this section may relate to a specific case or may be made in general terms so as to relate to all cases or to a class of cases.
The Bar Council or Law Society Council must take into account any representations made by the NSW Commissioner on a matter under the Legal Profession Uniform Law (NSW), the Uniform Rules or this section.
As soon as practicable after 30 June (but before 31 December) in each year, the NSW Commissioner is to prepare and forward to the Attorney General a report on his or her activities for the 12 months ending on 30 June in that year.
The Attorney General is to lay the annual report or cause it to be laid before both Houses of Parliament as soon as practicable after receiving the report.
The NSW Commissioner is to include the following matters in the annual report—
(a) information on the operation of the complaints process during the year and any recommendations for legislative or other improvements to the complaints process,
(b) information about the financial affairs and accounts of the Office of the NSW Legal Services Commissioner (including costs incurred by the NSW Commissioner) during the year,
(c) a copy of a certificate of an auditor as to the outcome of any audit carried out under subsection (4) in relation to the year or any previous year if a copy of the certificate has not been included in an earlier annual report under this section,
(d) other information or matters that the NSW Commissioner considers appropriate to be included or that the Attorney General directs to be included.
Information referred to in subsection (3)(b) is to be audited at least every 2 years. The NSW Commissioner and the Secretary are to enter into arrangements for the audit of the information.
Matters included in an annual report must not identify individual clients, Australian lawyers or Australian-registered foreign lawyers unless their names have already lawfully been made public under another provision of this Act or under the Legal Profession Uniform Law (NSW).
The annual report need not include information forwarded to the Commissioner for Uniform Legal Services Regulation and included or intended to be included in the Commissioner’s annual report under Part 4 of Schedule 2 to the Legal Profession Uniform Law (NSW).
Section 440 of that Law deals with the provision of information by local regulatory authorities.
Persons may be employed in the Public Service under the Government Sector Employment Act 2013 to enable the NSW Commissioner to exercise his or her functions.
Section 59 of the Government Sector Employment Act 2013 provides that the persons so employed (or whose services the NSW Commissioner makes use of) may be referred to as officers or employees, or members of staff, of the NSW Commissioner. Section 47A of the Constitution Act 1902 precludes the NSW Commissioner from employing staff.
The NSW Commissioner may arrange for the use of the services of any staff (by secondment or otherwise) or facilities of a government agency or other public authority.
The NSW Commissioner may, with the approval of the Attorney General, engage consultants or other persons for the purpose of getting assistance.
The NSW Commissioner may delegate any of his or her functions under this Act (other than this power of delegation) or the Legal Profession Uniform Law (NSW) to any member of the staff of the NSW Commissioner or to a person of a class prescribed by the regulations.
The NSW Commissioner may delegate the following functions to the Bar Council or the Law Society Council—
(a) any function of the NSW Commissioner under section 137 or 144 of this Act,
(b) any of the NSW Commissioner’s Chapter 5 functions.
Under the Legal
Profession Uniform Law (NSW),
(a) functions under Chapter 5, or
(b) functions under another provision of that Law relating to Chapter 5, or
(c) functions under the Uniform Rules relating to Chapter 5.
Section 406 of the Legal Profession Uniform Law (NSW) provides that a local regulatory authority may delegate its functions under that Law to an entity prescribed by jurisdictional legislation. The local regulations may also prescribe delegates or classes of delegates of local regulatory authorities (see section 166).
In addition to its other functions, the Bar Council may exercise functions conferred or imposed on it or the Bar Association—
(a) by the Legal Profession Uniform Law (NSW), or
(b) by this Act, or
(c) as delegate of the NSW Commissioner.
The Bar Council may delegate any of its functions under this Act (other than this power of delegation) or the Legal Profession Uniform Law (NSW) to any of its committees, to an officer of the Bar Association or to an employee of the Bar Association.
For the purposes of this section, the functions of the Bar Council under the Legal Profession Uniform Law (NSW) include any functions delegated to the Bar Council under that Law.
Section 406 of the Legal Profession Uniform Law (NSW) provides that a local regulatory authority may delegate its functions under that Law to an entity prescribed by jurisdictional legislation. The local regulations may also prescribe delegates or classes of delegates of local regulatory authorities (see section 166).
In addition to its other functions, the Law Society Council may exercise functions conferred or imposed on it or the Law Society—
(a) by the Legal Profession Uniform Law (NSW), or
(b) by this Act, or
(c) as delegate of the NSW Commissioner.
The Law Society Council also has the function of disseminating information to increase public awareness of the requirements of this Act, the Legal Profession Uniform Law (NSW) and the Corporations Act 2001 of the Commonwealth relating to solicitors who—
(a) are involved in managed investment schemes, or
(b) negotiate the making of or act in respect of regulated mortgages.
The Law Society Council may delegate any of its functions under this Act (other than this power of delegation and the functions referred to in section 119 (Management Committee)) or the Legal Profession Uniform Law (NSW) to any of its committees, to an officer of the Law Society or to an employee of the Law Society.
For the purposes of this section, the functions of the Law Society Council under the Legal Profession Uniform Law (NSW) include any functions delegated to the Law Society Council under that Law.
Section 406 of the Legal Profession Uniform Law (NSW) provides that a local regulatory authority may delegate its functions under that Law to an entity prescribed by jurisdictional legislation. The local regulations may also prescribe delegates or classes of delegates of local regulatory authorities (see section 166).
The Attorney General may do either or both of the following—
(a) after consultation with the Bar Council, direct, by written order, that any specified committees or kinds of committees of the Bar Association or Bar Council must include in their membership a specified or determinable number of lay members,
(b) after consultation with the Law Society Council, direct, by written order, that any specified committees or kinds of committees of the Law Society or Law Society Council must include in their membership a specified or determinable number of lay members.
Except as provided by subsection (3), a direction has no effect to the extent that it would require the membership of a committee to have more than one-quarter of its membership composed of lay members.
The membership of any professional conduct committee must include at least 3 lay members.
A lay member has the voting and other rights and the obligations that are provided in the constitution of the committee or as are provided by the local regulations. Those regulations prevail to the extent of any inconsistency with the constitution of the committee.
For the purposes of this section, a lay member is a person who is not an Australian lawyer.
As soon as practicable after 30 June (but on or before 31 December) in each year, the Bar Council and the Law Society Council are each required to prepare and forward to the Attorney General a report of their work and activities under this Act for the 12 months ending on 30 June in that year.
The Attorney General is to lay the reports, or cause them to be laid, before both Houses of Parliament as soon as practicable after receiving the report.
A Council is to include the following information in its annual report—
(a) information about the costs incurred by the Council during the reporting year in relation to its regulatory functions, as certified by an auditor,
(b) in the case of the Law Society Council—the total amount paid from the Public Purpose Fund and the Fidelity Fund during the year,
(c) such other information as may be prescribed by the regulations or as the Attorney General directs to be included.
Matters included in a report must not identify individual Australian lawyers unless their names have already lawfully been made public under Part 12.
This section does not affect any other provision of this Act requiring a report to be made to the Attorney General.
A local regulatory authority for this jurisdiction may appear by barrister or solicitor before, and be heard by, any court in any matter affecting the local regulatory authority (or, without limitation, its members in the case of the Bar Association or Law Society Council) in which the local regulatory authority is concerned or interested.
An application for the grant or renewal of an Australian practising certificate in which the applicant states that New South Wales is the jurisdiction that he or she reasonably intends will be his or her principal place of practice in Australia must be accompanied by—
(a) the appropriate fee for the certificate, and
(b) the required contribution to the fidelity fund (if any).
Applications are made under section 44 of the Legal Profession Uniform Law (NSW). See sections 38 and 39 of this Act for fees for practising certificates, and section 225 of the Legal Profession Uniform Law (NSW) for fidelity fund contributions.
An application for the renewal of a local practising certificate must be made within—
(a) the period prescribed by the regulations as the standard renewal period, or
(b) a later period prescribed by the regulations as the late fee period.
Those periods must be within the currency of the local practising certificate being renewed.
The appropriate Council may reject an application for renewal made during the late fee period, and must reject an application for renewal made outside those periods.
Section 39 authorises the charging of a late fee for applications received during the late fee period. If an application is rejected under subsection (3), the applicant will have to apply for the grant of a new practising certificate.
A fee is payable for the grant or renewal of a local practising certificate of such amount as is determined by the appropriate Council and approved by the Attorney General.
A Council may determine different practising certificate fees according to different factors that are specified in the determination and approved by the Attorney General.
A Council may waive or postpone payment of the practising certificate fee or any part of the fee.
Subject to the local regulations (if any), a Council is to determine the practising certificate fee on a cost recovery basis, with the fee being such amount as is required from time to time for the purpose of recovering the costs of or associated with the regulatory functions of the Council or of the Bar Association or Law Society, as the case requires.
The regulatory functions of a Council, the Bar Association or the Law Society are its functions under this Act, and any other functions it exercises that are associated with the regulation of legal practice or maintaining professional standards of legal practice.
The practising certificate fee is not to include any charge for membership of the Bar Association or Law Society and is not to include any amount that is required for the purpose of recovering any costs of or associated with providing services or benefits to which local legal practitioners become entitled as members of the Bar Association or Law Society.
In addition, in determining the practising certificate fee, a Council must exclude costs that are otherwise recoverable under this Act (for example, costs payable from the Public Purpose Fund under this Act).
The local regulations may make provision for or with respect to the determination of practising certificate fees, including by specifying the costs that may or may not be recovered by the charging of practising certificate fees.
In this section—
This section applies if an application for a local practising certificate is made during the late fee period.
Payment of a late fee prescribed by or determined under the regulations may, if the Council thinks fit, be required as a condition of acceptance of the application.
This section applies if an application for the grant of a local practising certificate to have effect during a financial year is made to a Council by a person who was the holder of a local practising certificate granted by the Council in respect of the previous financial year.
Payment of an additional fee prescribed by or determined under the regulations may, if the Council thinks fit, be required as a condition of acceptance of the application.
The Attorney General may appoint an appropriately qualified person to conduct an audit of all or any particular activities of a Council for the purpose of determining the following—
(a) whether any activities the costs of which are recoverable, or are proposed to be recovered, by the charging of a practising certificate fee are being carried out economically and efficiently and in accordance with the relevant laws,
(b) whether practising certificate fees are being expended for the purpose of defraying the costs in respect of which the fees are charged.
A Council is to provide all reasonable assistance to the person appointed to conduct the audit.
The person appointed to conduct the audit is to report to the Attorney General on the result of the audit.
An audit may be conducted under this section whenever the Attorney General considers it appropriate.
In this section—
An application to a Council for the grant or renewal of an Australian registration certificate must be accompanied by—
(a) the appropriate fee for the certificate, and
(b) the required contribution to the fidelity fund (if any).
Applications are made under section 62 of the Legal Profession Uniform Law (NSW). See section 225 of the Legal Profession Uniform Law (NSW) for fidelity fund contributions.
Different fees may be set according to different factors determined by the relevant Council.
The fees are not to be greater than the maximum fees for a local practising certificate.
A Council may waive or postpone payment of a fee or any part of a fee.
A Council may also require the applicant to pay any reasonable costs and expenses incurred by the relevant Council in considering the application, including (for example) costs and expenses of making inquiries and obtaining information or documents about whether the applicant meets the criteria for registration.
The fees, costs and expenses must not include any component for compulsory membership of any professional association.
The Attorney General, while admitted to the legal profession in this or any other jurisdiction, is entitled to an unconditional practising certificate. The Attorney General may elect to hold a practising certificate as a barrister or as a solicitor.
The Crown Solicitor may, in his or her official capacity, act as solicitor for—
(a) the State of New South Wales, or
(b) a person suing or being sued on behalf of the State of New South Wales, or
(c) a Minister of the Crown in his or her official capacity as such a Minister, or
(d) a body established by an Act or other law of New South Wales, or
(e) an officer or employee of the Public Service or any other service of the State of New South Wales or of a body established by an Act or other law of New South Wales, or
(f) a person holding office under an Act or other law of New South Wales or because of the person’s appointment to that office by the Governor or a Minister of the Crown, or
(g) any other person or body, or any other class of persons or bodies, approved by the Attorney General.
The Crown Solicitor may act under subsection (1)—
(a) with or without charge, or
(b) for a party in a matter that is not the subject of litigation, even if also acting under that subsection for another party in the matter.
The Crown Solicitor may, in his or her official capacity, act as agent for—
(a) another State or a Territory, or
(b) at the request of another State or a Territory—an instrumentality of, or a person in the service of, that State or Territory.
If, under subsection (1)(g), the Crown Solicitor is given approval to act as solicitor for a Minister of the Crown (otherwise than in his or her official capacity as such a Minister), the following must be included in the annual reporting information prepared under the Government Sector Finance Act 2018 of the Crown Solicitor’s activities—
(a) the name of the Minister,
(b) the matter in which the Crown Solicitor acted (but without disclosure of any confidential client information),
(c) the costs incurred by the Crown Solicitor in acting for the Minister and the amount charged to the Minister for so acting.
In this section, a reference to a State or a Territory includes a reference to the Crown in right of the State or Territory and to the Government of the State or Territory.
The Crown Solicitor must establish and maintain a trust account with an ADI (the
The Attorney General may, by order, give directions to the Crown Solicitor about—
(a) the records the Crown Solicitor must keep in relation to the Crown Solicitor’s Trust Account, and
(b) the procedures the Crown Solicitor must follow in maintaining the Crown Solicitor’s Trust Account.
An account established, or taken to have been established, under the Legal Profession Uniform Law Application Regulation 2015, clause 14 is taken to have been established under this section.
A direction made by the Attorney General under the Legal Profession Uniform Law Application Regulation 2015, clause 14(2) is taken to be a direction under subsection (2).
The local regulations may make provision for or with respect to—
(a) exempting persons or classes of persons from the requirement to hold Australian practising certificates, either generally or for specified periods, in respect of their official functions as government lawyers, and
(b) without limitation, excluding or modifying the operation of specified provisions of, or made under, the Legal Profession Uniform Law (NSW) (including provisions of Parts 2.2 and 3.3 of that Law) to the extent that any of those provisions would otherwise be applicable to any persons, or classes of persons, as government lawyers.
See section 56 of the Legal Profession Uniform Law (NSW).
Government lawyers (including Crown prosecutors, public defenders, parliamentary counsel or other statutory Crown law officers) may be granted an Australian practising certificate with a condition that the holder is authorised to engage in legal practice as or in the manner of a barrister only.
The local regulations may make provision for or with respect to—
(a) exempting persons or classes of persons from the requirement to hold Australian practising certificates, either generally or for specified periods, in respect of their functions as corporate lawyers, and
(b) without limitation, excluding or modifying the operation of specified provisions of, or made under, the Legal Profession Uniform Law (NSW) (including provisions of Parts 2.2 and 3.3 of that Law) to the extent that any of those provisions would otherwise be applicable to any persons, or classes of persons, as corporate lawyers.
In this section,
(a) as an employee who provides legal services in the capacity of an in-house lawyer for his or her employer or a related entity, and
(b) if he or she—
(i) so acts in the ordinary course of his or her employment, and
(ii) receives no fee, gain or reward for so acting other than his or her ordinary remuneration as an employee,
but does not include a government lawyer.
The local regulations may require a law practice to pay amounts out of a general trust account of the law practice into an ADI account maintained by the Law Society.
Without limiting subsection (1), the local regulations may provide for the following—
(a) the type of account to be maintained by the Law Society,
(b) the amount of the payments to be made.
All interest on the money in a general trust account is payable to the Law Society on account of the Public Purpose Fund.
This section applies despite any other provision of this Part or Part 4.2 of the Legal Profession Uniform Law (NSW).
Money paid under section 46 into an ADI account maintained by the Law Society—
(a) is held by the Law Society in trust for the law practice depositing the money, and
(b) is repayable on demand.
Subsection (1) does not excuse a failure to comply with section 46.
Until repaid, money deposited under section 46 may be invested by the Law Society—
(a) in accordance with Division 2 of Part 2 of the Trustee Act 1925 as if the money were trust funds, or
(b) on deposit with the Treasurer, or
(c) in an account with any ADI.
All interest on investments made under this section is payable to the Law Society on account of the Public Purpose Fund.
There is to be established a fund called the Public Purpose Fund.
The following amounts are to be paid to the credit of the Fund—
(a) interest payable to the Law Society on account of the Public Purpose Fund under sections 46, 47 and 50,
(b) such other amounts as are payable to the Fund by or under this Act.
There are to be Trustees of the Public Purpose Fund (in this Part,
The Trustees consist of—
(a) 4 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
(ii) 1 is to be a person whom the Attorney General considers to have the financial and investment expertise to act as a trustee, and
(iii) 1 is to be a person whom the Attorney General considers to have appropriate qualifications and experience to act as a trustee, and
(b) the Secretary.
Schedule 5 contains provisions relating to the Trustees.
The Trustees are to manage and control the Public Purpose Fund.
The Trustees may invest any amount standing to the credit of the Fund in accordance with Division 2 of Part 2 of the Trustee Act 1925 as if the money were trust funds.
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.
The Law Society is to administer the Fund on behalf of, and in accordance with the directions of, the Trustees.
The Trustees are to establish a separate account (the
(a) from the assets of the Solicitors Mutual Indemnity Fund under clause 12 of Schedule 9, and
(b) under clause 18 of Schedule 9.
Payments are not to be made from the capital of the community legal services account other than for the purposes of the investment of amounts in accordance with section 50.
The income from investment of the community legal services account is to be allocated to that account.
The Trustees are, without limitation, authorised to enter into arrangements with an ADI that are of the kind referred to in section 149(1)(b) of the Legal Profession Uniform Law (NSW).
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 53 (Payment of certain costs from Fund), in accordance with the approval of the Secretary 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 55 (Discretionary payments from Fund for other purposes),
(c) any amounts required to be paid from the Fund in accordance with an order of NCAT under clause 23(3) of Schedule 5 to the Civil and Administrative Tribunal Act 2013,
(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.
The fact that money is paid out of the Public Purpose Fund under this section does not preclude the recovery of that money in accordance with this Act from any person liable to pay the money. Any such money recovered must be paid to the credit of the Public Purpose Fund.
Payments are to be made from the Public Purpose Fund, in accordance with this section and subject to section 55, for the purpose of meeting the following costs and expenses—
(a) the costs of a Council in making representations, or being represented or heard, under section 21,
(b) the costs of a Council in exercising functions under Part 3.3 of the Legal Profession Uniform Law (NSW), including in responding to any appeal or review arising in relation to functions under that Part,
(c) the costs of a Council in exercising functions under Parts 3.4, 3.5 and 3.6 of the Legal Profession Uniform Law (NSW), including in responding to any appeal or review arising in relation to functions under those Parts,
(d) the costs of the NSW Commissioner or a Council in taking action under Part 9.6 of the Legal Profession Uniform Law (NSW),
(e) the costs of the NSW Commissioner or a Council relating to compliance with a condition to which an Australian registration certificate is subject under Division 4 of Part 3.4 of the Legal Profession Uniform Law (NSW),
(f) the costs of a Council in exercising functions under—
(i) section 80 and Parts 3.7, 3.9 and 4.5 of the Legal Profession Uniform Law (NSW), and
(ii) Part 9 of this Act,
(g) the costs of the Law Society Council (including its members, employees or agents) in respect of an external examination or external investigation under Part 4.2 of the Legal Profession Uniform Law (NSW), to the extent that those costs are not recoverable under section 160 or 166 of that Law,
(h) the costs of the NSW Admission Board in connection with an appeal under Division 3 of Part 2.2 of the Legal Profession Uniform Law (NSW),
(i) the costs of a Council in connection with an external intervention in relation to a law practice (including costs in connection with an application under section 341 of the Legal Profession Uniform Law (NSW) or an appeal or review under section 358 of that Law) and any fees, costs and expenses payable from the Fund under section 365 of that Law,
(j) the costs of the NSW Commissioner or NCAT in relation to the administration of Chapter 5 of the Legal Profession Uniform Law (NSW),
(k) the costs of the NSW Commissioner or Council in exercising functions for the purposes of Chapter 5 of the Legal Profession Uniform Law (NSW),
(l) the costs of the NSW Commissioner or a Council in relation to any proceedings in or on appeal from the Supreme Court with respect to the discipline of an Australian legal practitioner or an Australian-registered foreign lawyer, including in relation to proceedings concerning the inherent jurisdiction and powers of the Supreme Court as referred to in section 264 of the Legal Profession Uniform Law (NSW),
(m) the costs of the NSW Commissioner or a Council in connection with the provision of mediators for the mediation of consumer disputes under Chapter 5 of the Legal Profession Uniform Law (NSW), including costs disputes,
(n) the costs of the Costs Assessment Rules Committee in exercising functions for the purposes of this Act,
(o) the costs of a Council or the NSW Commissioner in connection with a compliance audit of a law practice under section 256 of the Legal Profession Uniform Law (NSW),
(p) without limiting any other paragraph of this subsection, the costs of a Council or the NSW Commissioner in exercising functions in relation to restrictions on advertising and other marketing of services under the Legal Profession Uniform Law (NSW) or the Uniform Rules.
Those payments are to be made by the Trustees in accordance with the approval of the Secretary.
The Secretary is to approve the payment from the Fund of such amounts as the Secretary 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 54.
If a local regulatory authority requests payment of any of their costs in commencing or maintaining proceedings taken in relation to the exercise of any functions referred to in subsection (1), the Secretary may, before approval is given or payment is made, request—
(a) information from the authority about whether attempts have been made to recover any or all of those costs from another party to the proceedings and, if no attempt was made, the reasons for not making an attempt, and
(b) further information from the authority if the Secretary is of the opinion that additional information is required in response to a previous request under this subsection.
If the amount of costs or expenses actually expended or incurred by a beneficiary in or in respect of a relevant period—
(a) exceeds the amount approved for payment under subsection (3) in respect of costs or expenses of that kind—the Secretary is to approve payment from the Fund of such additional amount as the Secretary considers necessary and reasonable for the purpose of meeting or contributing to any underpayment, or
(b) is less than the amount approved for payment under subsection (3) in respect of costs or expenses of that kind—the Secretary is to require the beneficiary to repay to the Fund such amount already paid to the beneficiary as the Secretary specifies for the purpose of recouping the whole or a part of any overpayment.
Instead of dealing with an underpayment or overpayment in accordance with subsection (5), the Secretary may deal with all or part of the underpayment or overpayment by way of adjustment of amounts approved under that subsection for payment to the beneficiary in or in respect of a future period.
An approval is subject to such conditions as the Secretary specifies in the approval.
Payments under this section may be made in advance of or by way of reimbursement of the relevant cost or expense.
For the purpose of determining the amount to be paid from the Public Purpose Fund for a purpose referred to in section 53, the Secretary may require the beneficiary of the payment to prepare and submit a budget or supplementary budget to the Secretary, in respect of such period as the Secretary directs, relating to the costs or expenses of the beneficiary (including projected costs and expenses).
Without limiting subsection (1), a budget or supplementary budget may relate wholly or partly to a past period if the Secretary so directs or approves, whether or not any cost or expense has already been incurred or met by the beneficiary.
The budget or supplementary budget is to include such information as the Secretary directs. In particular, the Secretary may require the provision of information about the administration of the beneficiary.
The Secretary may refuse to approve a payment under section 53 if the beneficiary has failed to submit a budget or supplementary budget as required under this section.
In this section—
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,
(ii) the Fidelity Fund,
(iii) the Law and Justice 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,
(d) the conduct of research into the law, the legal system, law reform and the legal profession and into their impact on the community,
(e) the furtherance of law reform,
(f) the establishment and improvement of law libraries and the expansion of the community’s access to legal information,
(g) the collection, assessment and dissemination of information relating to legal education, the law, the legal system, law reform, the legal profession and legal services,
(h) the encouragement, sponsorship or support of projects aimed at facilitating access to legal information and legal services,
(i) the improvement of the access of economically or socially disadvantaged people to the legal system, legal information or legal services.
The Trustees may from time to time, with the concurrence of the Attorney General, determine that an amount is to be paid from income earned from the investment of the community legal services account established in the Public Purpose Fund for the purposes of the community legal services program managed by the Legal Aid Commission.
Subsection (1A) does not limit the payment of any other money from the Public Purpose Fund under any other provision of this section.
The Trustees are to invite applications for payments from the Fund for the purposes referred to in this section at such intervals as the Secretary directs.
Before making a payment from the Fund for a purpose other than the supplementation of the Legal Aid Fund or a purpose specified in subsection (1A), 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.
In this section—
The Trustees may, at the request of the Attorney General, pay from the Public Purpose Fund amounts for such part of the costs of the Legal Services Council and the Commissioner for Uniform Legal Services Regulation as the Attorney General is satisfied cannot be reasonably recovered through admission fees.
The Auditor-General may conduct a performance audit under Division 2A of Part 3 of the Government Sector Audit Act 1983 of—
(a) the activities of the NSW Commissioner, the Bar Council and the Law Society Council for which costs and expenses may be paid from the Public Purpose Fund, and
(b) the present and future liability of the Fund for the payment of those costs and expenses.
The performance audit may be conducted whenever the Auditor-General considers it appropriate.
For the purposes of the performance audit, Division 2A of Part 3 of the Government Sector Audit Act 1983 applies as if the Attorney General were the accountable authority for the relevant auditable entity within the meaning of that Act.
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.
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 34.
The local regulations may make provision for or with respect to the following—
(a) fixing fair and reasonable costs for legal services provided in any workers compensation matter,
(b) fixing the costs payable for legal services provided in connection with any claim for personal injury damages (within the meaning of the Civil Liability Act 2002),
(c) fixing the costs payable for legal services provided in connection with small claims applications (within the meaning of section 379 of the Industrial Relations Act 1996),
(d) fixing the costs payable for the enforcement of a lump sum debt or liquidated sum for damages,
(e) fixing the costs payable for the enforcement of a judgment by a judgment creditor,
(f) fixing the costs payable for legal services provided in respect of probate or the administration of estates,
(g) fixing an amount of costs for a matter that is not a legal service but is related to proceedings (for example, expenses for witnesses).
A law practice is not entitled to be paid or recover for a legal service an amount that exceeds the fair and reasonable cost fixed for the service by the regulations under this section.
Section 172(3) of the Legal Profession Uniform Law (NSW) provides as follows—
In considering whether legal costs are fair and reasonable, regard must also be had to whether the legal costs conform to any applicable requirements of this Part, the Uniform Rules and any fixed costs legislative provisions.
The term
Without limiting subsection (1), the local regulations may—
(a) authorise a registrar to determine costs, subject to maximum costs prescribed by the local regulations, and
(b) fix costs by adopting costs set out in an instrument made under another Act, including reasonable costs for travel and sustenance and other discretionary costs.
The local regulations may fix a cost under section 59 for a particular legal service, for a class of legal services or for any part of a legal service.
The local regulations may fix a cost under section 59—
(a) as a gross amount for legal services, or
(b) as an amount for specified elements in the legal services provided (for example, documents prepared), or
(c) in any other manner.
Schedule 1 contains provisions relating to maximum costs in personal injury damages matters.
This section applies if a law practice or an associate of a law practice is convicted of an offence under the Claim Farming Practices Prohibition Act 2025, Part 2.
Despite any other provision of legal costs legislation, the law practice—
(a) is not entitled to charge or recover legal costs in relation to the claim to which the conviction relates, and
(b) must immediately refund legal costs received in relation to the claim to the person who paid the costs.
Money owing to a person under subsection (2)(b) is recoverable as a debt in a court of competent jurisdiction.
Schedule 2 contains provisions relating to costs in civil claims where there are no reasonable prospects of success.
In this Part—
This Part applies to Uniform Law costs and ordered costs.
This Part also applies to costs of an arbitration, as provided in sections 33B and 33C of the Commercial Arbitration Act 2010.
This Part has effect subject to—
(a) any other legislation, or
(b) any order or direction of the court or tribunal concerned (except as regards section 74(3)).
The Legal Profession Uniform Law (NSW) applies as if Division 7 of Part 4.3 of that Law also applied to legal costs of a barrister briefed directly by a client.
Costs to which this Part applies may be the subject of assessment if the costs assessment rules, the relevant court or tribunal, the rules of the relevant court or tribunal or other legislation so provides.
Section 166(4) provides that the local regulations may make provision for any matters for which costs assessment rules may be made.
Subject to this Act and the Legal Profession Uniform Law (NSW), assessments of legal costs are to be conducted in accordance with the costs assessment rules.
Subject to this section, applications for an assessment of the whole or any part of legal costs are to be made in accordance with the costs assessment rules.
An application for costs assessment must—
(a) be filed with the Manager, Costs Assessment, and
(b) be accompanied by the fee prescribed by the local regulations, and
(c) be served on the other parties to the costs assessment in accordance with the costs assessment rules.
The Manager, Costs Assessment may waive or postpone payment of the application fee either wholly or in part if satisfied that the applicant is in such circumstances that payment of the fee would result in serious hardship to the applicant or his or her dependants.
The Manager, Costs Assessment may refund the application fee either wholly or in part if satisfied that it is appropriate because the application is not proceeded with.
A costs assessor must give an applicant, and any law practice or client or other person concerned, a reasonable opportunity to make submissions to the costs assessor in relation to the application, and give due consideration to any submissions so made.
A costs assessor may hold an oral hearing for the purposes of an application in accordance with the costs assessment rules.
In considering an application, a costs assessor is not bound by the rules of evidence and may inform himself or herself on any matter in the manner he or she thinks fit.
On making a determination of costs, a costs assessor is to issue a certificate that sets out the determination and includes—
(a) the amount of costs determined (including any GST component the costs assessor determines is payable), and
(b) the amount of any costs of the costs assessment determined under section 78 of this Act or section 204 of the Legal Profession Uniform Law (NSW), and
(c) any interest on those amounts—
(i) determined under section 81 of this Act, or
(ii) payable under section 101 of the Civil Procedure Act 2005.
A costs assessor may issue one or more certificates in relation to an application for costs assessment. Certificates may be issued at the same time or at different stages of the assessment process.
A costs assessor may issue one certificate in relation to a single application for an assessment of costs that are payable under multiple orders, rules or awards made between the same parties in one or related proceedings, as long as the certificate specifies the amount determined for each order, rule or award separately.
In the case of an amount of money specified in a certificate that has been paid, the amount (if any) by which the amount paid exceeds the amount specified in the certificate may be recovered as a debt in a court of competent jurisdiction.
In the case of an amount of money specified in a certificate that has not been paid, the certificate is, on the filing of the certificate in the office or registry of a court having jurisdiction to order the payment of that amount of money, and with no further action, taken to be a judgment of that court for the amount of unpaid money. The rate of any interest payable in respect of that amount of money is the rate of interest in the court in which the certificate is filed.
The regulations may make provision for or with respect to the forwarding of a certificate issued under this section (or a copy of the certificate)—
(a) by the costs assessor to the parties to the costs assessment or the Manager, Costs Assessment or both, and
(b) by the Manager, Costs Assessment to the parties to the costs assessment.
This section does not apply to costs referred to in section 71(1)(a) and (b).
On making a determination of costs, a costs assessor is to separately determine—
(a) the amount of the costs incurred by the costs assessor and the Manager, Costs Assessment, and
(b) the costs related to the remuneration of the costs assessor, and
(c) by whom those costs are payable and the extent to which they are so payable.
On making a determination under this section, a costs assessor is to issue a certificate that sets out the determined costs.
The certificate is, on the filing of the certificate in the office or registry of a court having jurisdiction to order the payment of that amount of money, and with no further action, taken to be a judgment of that court against the party to the assessment by whom the costs are payable in favour of—
(a) a party to the assessment that has paid some or all of the amount to the Manager, Costs Assessment—for that amount, and
(b) the Manager, Costs Assessment—for any amount of unpaid money.
A costs assessor or review panel may determine that the amount of fair and reasonable costs is the amount agreed to by the parties if, during the course of the assessment or proceedings before the review panel, the parties notify the assessor or panel (as the case may be) that they have agreed on the amount of those costs.
A costs determination is binding on all parties and no appeal or other assessment lies in respect of the determination, except as provided by this Part.
An application for assessment of the whole or any part of ordered costs may be made by—
(a) a person who has paid or is liable to pay those costs, or
(b) a person who has received or is entitled to receive those costs.
A court or tribunal may refer for assessment costs payable under an order made by the court or tribunal. Such a reference is taken to be an application duly made for assessment of the costs.
This section does not confer jurisdiction or power to refer costs for assessment except under an order or award that the court or tribunal can otherwise make.
A single application or reference may be made in respect of costs payable under multiple orders, rules or awards made between the same parties in one or related proceedings.
An assessment of ordered costs must be made in accordance with—
(a) the terms of the order, rule or award under which the costs are payable, and
(b) the rules of the relevant court or tribunal that made the order for costs, and
(c) any relevant regulations, and
(d) any order made for interest on costs under section 101 of the Civil Procedure Act 2005.
If a court or tribunal has ordered that costs are to be assessed on an indemnity basis, the costs assessor must assess the costs on that basis, having regard to any relevant rules of the court or tribunal and any relevant regulations.
In conducting an assessment of ordered costs, the costs assessor must determine what is a fair and reasonable amount of costs for the work concerned.
In considering what is a fair and reasonable amount of costs for the work concerned, the costs assessor may have regard to the factors in section 172(1) and (2) of the Legal Profession Uniform Law (NSW) (as if that section also applies to ordered costs and so applies with any necessary modifications).
A costs assessor may, when conducting an assessment of ordered costs, obtain a copy of, and may have regard to, a costs agreement.
However, for the purposes of the assessment, a costs agreement is not conclusive as to what is the fair and reasonable amount of costs for the work concerned.
Subject to any order or rules of the court or tribunal concerned, a costs assessor is to determine the costs of an assessment of ordered costs and by whom they are payable.
This section does not apply to costs referred to in section 71(1)(a) and (b).
This Part does not limit any power of a court or a tribunal to determine in any particular case—
(a) the amount of costs payable, or
(b) that the amount of the costs is to be determined on an indemnity basis.
Any such provision may, if the local regulations so provide, take effect from the date of assent to the Act concerned or a later date.
To the extent to which any such provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, the provision does not operate so as—
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
Any such provision has effect despite anything to the contrary in this Schedule or Schedule 4 to the Legal Profession Uniform Law (NSW).
The local regulations may make separate savings and transitional provisions or amend this Schedule to consolidate the savings and transitional provisions.
In this Part—
This clause has effect subject to this Act and the Legal Profession Uniform Law (NSW).
Each person, body, thing and circumstance appointed or created under the repealed Act or existing or continuing under that Act immediately before the commencement of relevant provisions of the Legal Profession Uniform Law (NSW) continues to have the same status, operation and effect as it would have had if this Act had not been enacted.
Any act, matter or thing subsisting immediately before the commencement of relevant provisions of the Legal Profession Uniform Law (NSW) that—
(a) was done or omitted under the repealed Act, and
(b) could have been done or omitted under that Law (with any necessary modifications) if that Law had been in force when it was done or omitted,
is taken to have been done or omitted under that Law.
Any act, matter or thing subsisting immediately before the commencement of relevant provisions of this Act that—
(a) was done or omitted under the repealed Act, and
(b) could have been done or omitted under this Act (with any necessary modifications) if this Act had been in force when it was done or omitted,
is taken to have been done or omitted under this Act.
Without limitation, subclause (2) extends to bodies in existence or continuing under the repealed Act, except the costs assessors’ rules committee under section 394 of that Act.
A reference to the repealed Act in any Act (other than this Act or the Legal Profession Uniform Law (NSW)) or in any subordinate instrument, agreement, deed or other document, so far as the reference relates to any period on or after the date of the repeal and if not inconsistent with the subject-matter, is to be construed as—
(a) a reference to the Legal Profession Uniform Law (NSW), if the reference relates to a matter that is dealt with by that Law, or
(b) a reference to this Act, if the reference relates to a matter that is dealt with by this Act but not by the Legal Profession Uniform Law (NSW).
For the purposes of clause 1 of Schedule 4, any term for which a person was appointed as Legal Services Commissioner under the repealed Act is taken to be a term of office as NSW Commissioner.
Any order of the Attorney General under section 403 or 406 of the repealed Act that is in force immediately before the commencement of section 95 of this Act is, with any necessary modifications, taken to be an order of the Attorney General under section 95(2) of this Act.
In this Part—
The working account referred to in section 400 of the repealed Act immediately before the commencement of this clause is taken to be the working account established for the Department of Justice, as referred to in section 93G of this Act.
The registrar of the Supreme Court who was Manager, Costs Assessment immediately before the commencement of this clause is taken to have been appointed as Manager, Costs Assessment on that commencement.
Section 135(2) of the repealed Act continues to apply to an incorporated legal practice (and to any related body corporate).
Part 3.5 of, and Schedule 8 to, the repealed Act continue to apply in respect of mortgages that were entered into before the repeal of that Act and to matters connected with managed investment schemes as referred to in those provisions.
Section 258 of the Legal Profession Uniform Law as set out in Schedule 1 to the Legal Profession Uniform Law Application Act 2014 of Victoria does not apply as a law of this jurisdiction.
Subclauses (1), (2) and (3) cease to have effect on 1 July 2018.
A reference in Schedule 8 to the repealed Act to the Fidelity Fund is taken to be a reference to the fidelity fund within the meaning of the Legal Profession Uniform Law (NSW).
Without limiting any other provision of this Schedule, the local regulations may modify the operation of this clause.
In this Part—
(a) the LawCover scheme loan and claims authority agreement between CIC Insurance Limited (in liquidation), Lawcover Pty Limited, the Law Society of New South Wales and Anthony McGrath and Alexander Macintosh as liquidators,
(b) the LawCover scheme loan and claims authority agreement between HIH Casualty and General Insurance Limited (in liquidation), Lawcover Pty Limited, the Law Society of New South Wales and Anthony McGrath and Alexander Macintosh as liquidators,
(c) the LawCover scheme loan and claims authority agreement between FAI General Insurance Company Limited (in liquidation), Lawcover Pty Limited, the Law Society of New South Wales and Anthony McGrath and Alexander Macintosh as liquidators.
On the repeal day, the following has effect—
(a) half of the monetary assets of the Indemnity Fund are transferred to, and become the assets of, the Law Society,
(b) half of the monetary assets of the Indemnity Fund are transferred to, and become the assets of, the Public Purpose Fund,
(c) all assets of the Indemnity Fund that are not monetary assets are transferred to, and become the assets of, Lawcover Insurance.
On the repeal day, the following has effect—
(a) the rights and liabilities arising in connection with the monetary assets transferred to the Law Society vest in the Law Society,
(b) the rights and liabilities arising in connection with the monetary assets transferred to the Public Purpose Fund vest in the Trustees of the Public Purpose Fund,
(c) all other rights and liabilities arising in connection with the Indemnity Fund or assets of the Indemnity Fund, and of Lawcover Pty Ltd as manager of the Indemnity Fund, vest in Lawcover Insurance.
Without limiting subclause (2)(c), the rights or liabilities transferred to Lawcover Insurance include any rights or liabilities relating to the Indemnity Fund, and Lawcover Pty Ltd as the manager of that Fund, under the insolvent insurer agreements.
Assets, rights and liabilities may be transferred to the Public Purpose Fund, the Law Society or Lawcover Insurance under this Part despite any other law or agreement (including the insolvent insurer agreements) and whether or not the consent of the Trustees of the Public Purpose Fund, the Law Society or Lawcover Insurance has been obtained.
In this clause—
The following provisions apply to assets, rights or liabilities transferred under this Part—
(a) the assets vest by virtue of clause 12 and without the need for any further conveyance, transfer, assignment or assurance,
(b) the rights or liabilities become by virtue of clause 12 the rights or liabilities of the transferee,
(c) all proceedings relating to the assets, rights or liabilities commenced before the transfer by or against the transferor or a predecessor of the transferor and pending immediately before the transfer are taken to be proceedings pending by or against the transferee,
(d) any act, matter or thing done or omitted to be done in relation to the assets, rights or liabilities before the transfer by, to or in respect of the transferor or a predecessor of the transferor is (to the extent to which that act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of the transferee,
(e) the transferee has all the entitlements and obligations of the transferor in relation to those assets, rights and liabilities that the transferor would have had but for the transfer, whether or not those entitlements and obligations were actual or potential at the time the transfer took effect,
(f) a reference in any Act, in any instrument made under any Act or in any document of any kind to—
(i) the transferor, or
(ii) any predecessor of the transferor,
to the extent to which the reference relates to those assets, rights or liabilities, is taken to be, or include, a reference to the transferee.
No attornment to the transferee by a lessee from the transferor is required.
In this clause—
No compensation is payable to any person or body in connection with a transfer under this Part.
The Minister may, by notice in writing, confirm a transfer of particular assets, rights or liabilities under this Part.
The notice is conclusive evidence of the transfer.
The Law Society must, on or after the repeal day, subscribe to an amount of capital in Lawcover Insurance that is not less than the value, on the repeal day, of the monetary assets transferred to the Law Society under this Part.
The Law Society may deduct from that amount any costs incurred by the Law Society relating to the subscription.
Schedule 7, as amended by the amending Act, has effect despite any other law or agreement (including the insolvent insurer agreements).
If an amount is recovered by Lawcover Insurance as a result of the exercise of its functions under Schedule 7 or this Part (including functions under the insolvent insurer agreements that are conferred under that Schedule or this Part)—
(a) half the amount is to be retained by Lawcover Insurance, and
(b) half the amount is to be paid into the Public Purpose Fund.
This clause does not apply to an amount that is payable to another person under any other Act or law or the insolvent insurer agreements (subject to this Part).
The operation of this Part, or the operation of Schedule 7 as amended by the amending Act, is not to be regarded—
(a) as a breach of contract or confidence or otherwise as a civil wrong, or
(b) as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities, or
(c) as giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset, right or liability, or
(d) as an event of default under any contract or other instrument.
For the purposes of this Part, and the transfer of assets, rights and liabilities under this Part that arise under the insolvent insurer agreements—
(a) references in the agreements to Lawcover Pty Ltd acting in its capacity as the manager of the Indemnity Fund are taken to be references to Lawcover Insurance, and
(b) references in the agreements to the payment of amounts to or from the Indemnity Fund are taken to be references to payment of amounts to or from an account of Lawcover Insurance nominated by Lawcover Insurance for that purpose.
The amendments made to this Act by the amending Act do not affect—
(a) the operation of the insolvent insurer agreements, except as provided by or under this Schedule or Schedule 7, or
(b) the power of the Law Society and Lawcover Insurance to enter into amendments to those agreements to reflect the effect of the amendments made to this Act by the amending Act.
The Law Society is taken to consent to the exercise by Lawcover Insurance of functions conferred on Lawcover Insurance under this Part or as a result of the amendments made to this Act by the amending Act.
This Part and Schedule 7 are declared to be Corporations legislation displacement provisions for the purposes of section 5G of the Corporations Act 2001 of the Commonwealth in relation to section 477 of the Corporations legislation.
Section 5G of the Corporations Act 2001 of the Commonwealth provides that if a State law declares a provision of a State law to be a Corporations legislation displacement provision, any provision of the Corporations legislation with which the State provision would otherwise be inconsistent does not apply to the extent necessary to avoid the inconsistency.
The 2015 delegation is taken to be, and always to have been, validly made under section 406 of the Uniform Law.
The 2015 delegation is taken to have had the following operation during the relevant period for the purposes of this Act and the Uniform Law—
(a) the delegation of functions to the Bar Association also operated to delegate the functions to the Bar Council,
(b) the delegation of functions to the Law Society also operated to delegate the functions to the Law Society Council,
(c) the delegation authorised the Bar Association, Law Society and each Council (an
authorised delegate ) to make further delegations of functions to another entity (asubdelegate ),(d) the delegation authorised an authorised delegate or a subdelegate to appoint investigators under section 282 of the Uniform Law (whether generally or in relation to a particular law practice or a particular complaints investigation),
(e) the delegation authorised an authorised delegate or a subdelegate to exercise the Chapter 5 functions of the NSW Commissioner in relation to complaints even if—
(i) a complaint was made to or by the delegate or subdelegate instead of the Commissioner, or
(ii) a disciplinary matter or consumer matter dealt with by the delegate or subdelegate was a matter other than one the Commissioner decided not to deal with or continue to deal with, or
(iii) a decision or determination was made or other action taken by a delegate or subdelegate concerning a disciplinary matter without the matter being referred to the delegate by the Commissioner, or
(iv) a decision or determination was made or other action taken by a delegate or subdelegate concerning a consumer matter without the matter being referred to the delegate by the Commissioner.
Note. Under the Uniform Law,
Chapter 5 functions means—(a) functions under Chapter 5, or
(b) functions under another provision of that Law relating to Chapter 5, or
(c) functions under the Uniform Rules relating to Chapter 5.
Without limiting subclause (2), an authorised delegate or a subdelegate is taken during the relevant period—
(a) to have been authorised under this Act and the Uniform Law—
(i) to receive or make complaints in exercise of the Chapter 5 functions of the NSW Commissioner, and
(ii) to initiate or prosecute proceedings in respect of complaints in a court or tribunal in exercise of the Chapter 5 functions of the NSW Commissioner, and
(b) to have made a complaint even if there was non-compliance with a requirement of section 267 of the Uniform Law.
Accordingly—
(a) any decision, determination or other action of an authorised delegate or subdelegate during the relevant period that would have been valid if subclauses (1)–(3) had been in force at the time is validated, and
(b) any proceedings commenced by an authorised delegate or subdelegate during the relevant period that would have been validly commenced if subclauses (1)–(3) had been in force at the time are validated, and
(c) any order or other decision of a court or tribunal made during the relevant period in proceedings referred to in paragraph (b) that would have been valid if subclauses (1)–(3) had been in force at the time is validated.
Any proceedings commenced in a court or tribunal by an authorised delegate or subdelegate that were terminated on a relevant invalidity ground during the relevant period at the instigation of an authorised delegate or subdelegate—
(a) may be recommenced under the authority of this clause by the same delegate or subdelegate in the court or tribunal on the basis of the applications and other documents by which those proceedings were last commenced, and
(b) any thing done in the terminated proceedings (other than the termination of the proceedings) is taken to have been done in the recommenced proceedings.
Any proceedings not commenced in a court or tribunal by an authorised delegate or subdelegate may be commenced under the authority of this clause if—
(a) the authorised delegate or subdelegate made a decision between 1 January 2019 and 25 June 2019 to commence proceedings, and
(b) the proceedings had not commenced by 25 June 2019.
Proceedings may be commenced or recommenced under the authority of this clause despite section 137 of this Act, but only if they are commenced or recommenced no later than 6 months after the day on which this clause commences.
Without limiting any other power to make rules of court, rules of court may be made under the Civil Procedure Act 2005 and the Civil and Administrative Tribunal Act 2013 for or with respect to the practice and procedure to be followed in connection with recommenced proceedings.
To avoid doubt—
(a) any decision that terminated proceedings during the relevant period on a relevant invalidity ground is not affected by this clause unless proceedings are recommenced, and
(b) any decision as to costs made in respect of terminated proceedings is not affected by this clause regardless of whether proceedings are recommenced.
This clause (including anything authorised by this clause) has effect despite anything to the contrary in—
(a) the 2015 delegation, or
(b) this Act, the Uniform Law or any other law.
In this clause—
(a) the delegate or subdelegate was not authorised to commence the proceedings by the 2015 delegation, including because—
(i) the 2015 delegation was not valid, or
(ii) the terms of the 2015 delegation did not allow the delegate or subdelegate to commence the proceedings, or
(iii) the delegate, subdelegate or NSW Commissioner did not comply with a provision of the 2015 delegation,
(b) the proceedings were based on a complaint purportedly made to or by the delegate or subdelegate in circumstances where this Act or the Uniform Law required the complaint to have been made to or by the NSW Commissioner,
(c) the proceedings were based on a complaint purportedly made to or by the delegate or subdelegate in circumstances where there was non-compliance with a requirement of section 267 of the Uniform Law.
(a) Tribunal rules referred to in section 25 of the Civil and Administrative Tribunal Act 2013, and
(b) procedural directions given by the President of the Tribunal under section 26 of that Act.
This clause applies to a Senior Deputy Registrar who assumed the role of Manager, Costs Assessment on and from 20 June 2016 until appointed to the position of Manager, Costs Assessment on 18 February 2020.
To avoid doubt, for the purposes of the definition of
(Repealed)
For the Legal Profession Uniform Law as published in this Act on its enactment, see For the updated Legal Profession Uniform Law as it applies in New South Wales, see notes
Legal Profession Uniform Law Application Act 2014 No 16. Assented to 20.5.2014. Date of commencement of Part 1, Div 1 of Part 2 (except sec 9) and sec 10, 1.7.2014, sec 2 and 2014 (397) LW 27.6.2014; date of commencement of the remainder, 1.7.2015, sec 2 and 2015 (298) LW 19.6.2015. See the Legal Profession Uniform Law (NSW) for the commencement details relating to that Law. This Act has been amended as follows—
No 7 | Legal Profession Uniform Law Application Legislation Amendment Act 2015. Assented 9.6.2015. Date of commencement of Sch 1, assent, sec 2 (1). | |
No 67 | Courts and Other Justice Portfolio Legislation Amendment Act 2015. Assented to 24.11.2015. Date of commencement of Sch 1.13, assent, sec 2 (1). | |
No 54 | Justice Portfolio Legislation (Miscellaneous Amendments) Act 2016. Assented to 25.10.2016. Date of commencement, assent, sec 2. | |
No 61 | Law Enforcement Conduct Commission Act 2016. Assented to 14.11.2016. Date of commencement of Sch 6.34, 1.7.2017, sec 2 (1) and 2017 (256) LW 16.6.2017. | |
No 22 | Statute Law (Miscellaneous Provisions) Act 2017. Assented to 1.6.2017. Date of commencement of Sch 3, 7.7.2017, sec 2 (3). | |
No 70 | Government Sector Finance Legislation (Repeal and Amendment) Act 2018. Assented to 22.11.2018. Date of commencement of Sch 4.60[1] [3] and [4], 1.7.2021, sec 2(1) and 2021 (305) LW 25.6.2021; date of commencement of Sch 4.60[2], 1.7.2023, sec 2(1) and 2023 (91) LW 2.3.2023; date of commencement of Sch 4.60 [5], 1.7.2019, sec 2 (1) and 2019 (254) LW 21.6.2019. | |
No 87 | Justice Legislation Amendment Act (No 3) 2018. Assented to 28.11.2018. Date of commencement of Sch 3.1, 7.12.2018, sec 2 (2) and 2018 (700) LW 7.12.2018. | |
No 20 | Justice Legislation Amendment Act (No 2) 2019. Assented to 22.11.2019. Date of commencement of Sch 1.16, assent, sec 2(1). | |
(151) | Legal Profession Uniform Law Application Amendment (Savings and Transitional) Regulation 2020. LW 17.4.2020. Date of commencement, on publication on LW, cl 2. | |
No 24 | Stronger Communities Legislation Amendment (Courts and Civil) Act 2020. Assented to 28.9.2020. Date of commencement of Sch 1.9, assent, sec 2(1). | |
No 7 | Institutions Legislation Amendment Act 2024. Assented to 19.2.2024. Date of commencement of Sch 2[1]–[8], assent, sec 2(b); date of commencement of Sch 2[9] and [10], 1.9.2025, sec 2(a) and 2025 (426) LW 22.8.2025. | |
No 47 | Statute Law (Miscellaneous Provisions) Act 2024. Assented to 9.8.2024. Date of commencement, assent, sec 2. | |
No 13 | Justice Legislation Amendment (Civil) Act 2025. Assented to 2.3.2025. Date of commencement, assent, sec 2. | |
No 19 | Claim Farming Practices Prohibition Act 2025. Assented to 9.4.2025. Date of commencement, assent, sec 2. |
This Act has been amended by sec 30C of the Interpretation Act 1987 No 15.
Sec 3 | Am 2015 No 7, Sch 1 [1]–[6]. |
Sec 3A | Ins 2015 No 7, Sch 1 [7]. |
Sec 7 | Subst 2018 No 70, Sch 4.60[1]. |
Sec 11 | Am 2015 No 7, Sch 1 [8] [9]. |
Sec 18A | Ins 2015 No 7, Sch 1 [10]. |
Sec 18B | Ins 2015 No 7, Sch 1 [10]. Am 2016 No 61, Sch 6.34. |
Sec 20A | Ins 2015 No 7, Sch 1 [11]. Subst 2024 No 7, Sch 2[1]. |
Sec 20B | Ins 2024 No 7, Sch 2[1]. |
Sec 20C | Ins 2024 No 7, Sch 2[1]. |
Sec 21 | Am 2015 No 7, Sch 1 [12]–[14]. |
Sec 21A | Ins 2015 No 7, Sch 1 [15]. Am 2024 No 7, Sch 2[2]–[7]; 2024 No 47, Sch 2.6. |
Sec 21B | Ins 2024 No 7, Sch 2[8]. |
Sec 28 | Am 2015 No 7, Sch 1 [16]–[18]; 2020 No 24, Sch 1.9[1]. |
Sec 30 | Am 2015 No 7, Sch 1 [19]–[21]. |
Sec 32 | Am 2015 No 7, Sch 1 [22]–[24]. |
Sec 44 | Am 2018 No 70, Sch 4.60[2]. |
Sec 44A | Ins 2024 No 7, Sch 2[9]. |
Sec 45 | Am 2015 No 7, Sch 1 [25]. |
Sec 45A | Ins 2015 No 7, Sch 1 [26]. |
Sec 49 | Am 2018 No 87, Sch 3.1 [1]–[3]. |
Sec 50A | Ins 2018 No 87, Sch 3.1 [4]. |
Sec 55 | Am 2018 No 87, Sch 3.1 [5] [6]. |
Sec 57 | Am 2018 No 70, Sch 4.60[3] [4]. |
Sec 59 | Am 2024 No 7, Sch 2[10]. |
Sec 61A | Ins 2025 No 19, Sch 2[1]. |
Part 7 | Subst 2015 No 7, Sch 1 [27]. |
Secs 63–68 | Subst 2015 No 7, Sch 1 [27]. |
Sec 69 | Subst 2015 No 7, Sch 1 [27]. Am 2015 No 67, Sch 1.13 [1]. |
Sec 70 | Subst 2015 No 7, Sch 1 [27]. Am 2016 No 54, Sch 1.12 [1]. |
Secs 71–82 | Subst 2015 No 7, Sch 1 [27]. |
Sec 83 | Subst 2015 No 7, Sch 1 [27]. Am 2015 No 67, Sch 1.13 [2]; 2016 No 54, Sch 1.12 [2]. |
Sec 84 | Subst 2015 No 7, Sch 1 [27]. Am 2016 No 54, Sch 1.12 [3]. |
Secs 85–88 | Subst 2015 No 7, Sch 1 [27]. |
Sec 89 | Subst 2015 No 7, Sch 1 [27]. Am 2015 No 67, Sch 1.13 [3]. |
Secs 90–92 | Subst 2015 No 7, Sch 1 [27]. |
Sec 93 | Subst 2015 No 7, Sch 1 [27]. Am 2015 No 67, Sch 1.13 [4]; 2016 No 54, Sch 1.12 [4]. |
Secs 93A–93F | Ins 2015 No 7, Sch 1 [27]. |
Sec 93G | Ins 2015 No 7, Sch 1 [27]. Am 2018 No 70, Sch 4.60 [5]. |
Sec 95 | Am 2015 No 7, Sch 1 [28] [29]. |
Part 8, Div 2 | Rep 2018 No 87, Sch 3.1 [7]. |
Sec 96 | Rep 2018 No 87, Sch 3.1 [7]. |
Sec 97 | Rep 2015 No 7, Sch 1 [30]. |
Part 8, Div 3 | Rep 2018 No 87, Sch 3.1 [7]. |
Secs 98, 99 | Rep 2018 No 87, Sch 3.1 [7]. |
Sec 100 | Rep 2015 No 7, Sch 1 [30]. |
Secs 101–110 | Rep 2018 No 87, Sch 3.1 [7]. |
Part 8, Divs 4, 5 (secs 111–114) | Rep 2018 No 87, Sch 3.1 [7]. |
Part 10 | Subst 2015 No 7, Sch 1 [31]. |
Secs 125–127 | Subst 2015 No 7, Sch 1 [31]. |
Secs 128–134 | Rep 2015 No 7, Sch 1 [31]. |
Sec 148 | Subst 2015 No 7, Sch 1 [32]. |
Sec 152 | Am 2015 No 7, Sch 1 [33] [34]. |
Secs 153, 155 | Am 2015 No 7, Sch 1 [35]. |
Sec 165 | Subst 2017 No 22, Sch 3.41. |
Sec 165A | Ins 2015 No 7, Sch 1 [36]. |
Sec 165B | Ins 2015 No 7, Sch 1 [36]. Am 2025 No 19, Sch 2[2]. |
Sec 166 | Am 2015 No 7, Sch 1 [37]–[40]; 2025 No 13, Sch 3. |
Sec 167 | Rep 1987 No 15, sec 30C. Ins 2016 No 54, Sch 1.12 [5]. |
Sch 3 | Am 2015 No 67, Sch 1.13 [5]. |
Sch 5 | Am 2018 No 87, Sch 3.1 [8]. |
Sch 7 | Am 2018 No 87, Sch 3.1 [9]–[18]. |
Sch 8 | Rep 2015 No 7, Sch 1 [41]. |
Sch 9 | Am 2015 No 7, Sch 1 [42] [43]; 2018 No 87, Sch 3.1 [19]; 2019 No 20, Sch 1.16; 2020 (151), cl 3(1) (2); 2020 No 24, Sch 1.9[2]. |
Sch 10 | Am 2015 No 7, Sch 1 [44]. Rep 1987 No 15, sec 30C. |
0
0
0