Legal Profession Uniform Law Application Act 2014 (Vic)
Version No. 018
Legal Profession Uniform Law Application Act 2014
No. 17 of 2014
Version incorporating amendments as at
11 October 2023
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purposes
2Commencement
3Definitions
Part 2—Application of Uniform Law
Division 1—General application provisions
4Application of Legal Profession Uniform Law
5Exclusion of legislation of this jurisdiction
6Override of Charter of Human Rights and Responsibilities Act 2006
7Disallowance of Uniform Regulations
8No double jeopardy
Division 2—Further application provisions
9Meaning of various terms used in Legal Profession Uniform Law (Victoria)
9AMeaning of law firm
10Designation of local authorities and tribunals
11Declaration of nominated fund and nominated trust authority
12Dealing with unclaimed money
13Approved insurance policy
14Fidelity fund and fidelity authority
15Dispute resolution and professional discipline for lawyers who are judicial officers in relation to previous conduct
16Referral for costs assessment to be to Costs Court
17Issuing authority for search warrants
18Pecuniary penalties to be paid into Public Purpose Fund
18APart 3 of Schedule 4 applies
Part 3—Local regulatory authorities
Division 1—Victorian Legal Admissions Board
19Establishment
20Functions and powers
21Membership
22Judge or retired judge appointed as member
23Resignation and removal
24Meetings
25Validity of acts or decisions
26Staff and consultants
27Delegation
Division 2—Victorian Legal Services Board
28Continuation of board under new name
29Relationship to the Crown
30Objectives
31Functions and powers
32Membership
33Chairperson and deputy chairperson
34Judge or former judge appointed as chairperson
35Appointed members
36Payment of members
37Acting appointments
38When does a member's office become vacant?
39Meetings
40Conflicts of interest
41Resolutions without meetings
42Validity of acts or decisions
43Immunity
44Delegation
45Performance targets etc.
46Annual report
47Other reports
Division 3—Victorian Legal Services Commissioner
48Establishment
49Functions and powers
50Relationship to Victorian Legal Services Board
51Appointment of Victorian Commissioner
52Acting Victorian Commissioner
53Vacancy of Victorian Commissioner's office
54Validity of acts and decisions
55Immunity
56Delegation
57Annual report
58Other reports
Division 4—General provisions for the Victorian Legal Services Board and Victorian Commissioner
59Staff and consultants
60Mediators
61Immunity for mediators
Part 4—Admission, practising certificates and registration certificates
Division 1—Admission
72Admission fees
72AFees for assessments regarding foreign qualification or training
Division 2—Australian practising certificates
73Australian practising certificate fees and fidelity fund contributions
74Timing of application for renewal of local practising certificate
75Late application for renewal of practising certificate
Division 3—Australian registration certificates
76Australian registration certificate fees and costs
Division 4—General
77Time limit for review applications in relation to certificates
Part 5—Trust accounts
Division 1—Statutory deposits into Public Purpose Fund
78Definitions
79Required deposit amount
80Determination of required deposit amount
81Requirement to deposit with the Victorian Legal Services Board
82Deposit amounts to be paid to Public Purpose Fund
83Repayment by Victorian Legal Services Board
84Division does not apply to controlled money accounts
85Exemption by Victorian Legal Services Board
86Multiple trust accounts
Division 2—Authorised deposit-taking institutions
87Arrangements with ADIs
Division 3—Approved clerks
87APerson not to act as approved clerk without approval
88Approval of clerks
88ASuspension or revocation of approval of clerk on request
88BSuspension or revocation of approval of clerk for other reasons
89Application of the Uniform Law to approved clerks
89AReview of decision to refuse, suspend or revoke approval
90Rules for approved clerks
Division 4—External examinations and investigations
91Costs of external examinations and investigations
Part 6—Legal costs
Division 1—Legal Costs Committee
92Legal Costs Committee
93Functions of the Legal Costs Committee
Division 2—Practitioner remuneration orders
94Practitioner remuneration orders
95Publication and availability of practitioner remuneration order
96Disallowance by Parliament and application of Subordinate Legislation Act 1994
Division 3—Costs assessment
97Appeal from decision of Costs Court
Division 4—Costs disputes
98Definitions
99Determination of costs disputes by VCAT
Part 7—Professional indemnity insurance
Division 1—Legal Practitioners' Liability Committee
100Legal Practitioners' Liability Committee
101Liability Committee not to represent the Crown
102Functions and powers
103Membership
104Qualifications for membership
105Payment of members
106Acting members
107Meetings
108Resolutions without meetings
109Validity of acts or decisions
110Conflicts of interest
111Staff and consultants
112Confidentiality
113Annual report
Division 2—Legal Practitioners' Liability Fund
114Requirement for Liability Fund
115Payments into Liability Fund
116Payments out of Liability Fund
117Investment of Liability Fund
118Levies
Division 3—Professional indemnity insurance
119Competition and Consumer Act 2010
120Terms and conditions of insurance
Part 8—Fidelity cover
Division 1—Fidelity fund
121Requirement for fidelity fund
122Purpose of fidelity fund
123Payments into the fidelity fund
124Payments out of the fidelity fund
125Solvency
126Payments to liquidators etc.
127Payments to Public Purpose Fund
Division 2—Contributions by and levies on approved clerks and community legal services
128Annual contributions
129Levies
130Victorian Legal Services Board may recover contribution or levy
Division 3—Supplementary provisions for contributions and levies
131Contributions and levies not to exceed prescribed amount
132Employer must pay contribution or levy or reimburse employee
Part 9—Public Purpose Fund
133Public Purpose Fund
134Financial arrangements for Public Purpose Fund
135Accounts in Public Purpose Fund
136General Account
137Statutory Deposit Account
138Distribution Account
139Funding of Legal Profession Uniform Framework
140Expenses of Victorian Legal Services Board
141Expenses of Victorian Commissioner
142Expenses of VCAT
143Legal aid funding
144Funding of law-related services and activities
145Victorian Legal Services Board may take into account previous funding
146Further legal aid funding
147Payments to fidelity fund
148Payments to local professional associations for continuing legal education programs etc.
149Timing of payments and instalments
Part 9A—Registers and reviews
Division 1—Victorian legal profession register
150Victorian legal profession register
Division 2—Register of disciplinary action
150ADefinitions
150BKeeping of the register
150CInformation recorded in the register
150DPublication of the register
150EQuashing of disciplinary action
150FLawyer with injury or illness
150GEffect of non-disclosure orders
Division 3—Reviews of disciplinary action
150HTime limit for review application in relation to determination of unsatisfactory professional conduct
Part 10—General
151Information sharing
152Liability of principals
153Investigation of offences and contraventions
153AClassification of offences
154Prosecution of offences
155Judicial review by Supreme Court
156Regulations
Part 11—Repeals and amendments
Division 1—Repeal
157Legal Profession Act 2004
Part 12—Transitional provisions
Division 1—Preliminary
162Definitions
163General transitional provisions
Division 2—Local regulatory authorities
165Legal Services Board
166Legal Services Commissioner
Division 3—Admission, certificates and business practice
167Admission fees
168Barristers' practising certificates
169Government lawyers
Division 4—Trust accounts
171Approved clerks
Division 5—Legal costs
172Practitioner remuneration orders and Legal Costs Committee
Division 6—Fidelity cover
173Fidelity fund
174Contributions to fidelity fund
Division 7—Professional indemnity insurance
175Legal Practitioners' Liability Committee
176Insurance terms and conditions
177Exemptions
178Liability Fund
Division 8—Public Purpose Fund
179Public Purpose Fund
Division 9—General
180References to old Act
181Community legal centres
182Time limits
Division 10—Justice Legislation Amendment (Court Security, Juries and Other Matters) Act 2017
183Approval of clerks
184Rules for approved clerks
Division 11—Legal Profession Uniform Law Application Amendment Act 2019
185Substituted entity
186Validation
Division 12—Workplace Safety Legislation and Other Matters Amendment Act 2022
187Elected members of the Victorian Legal Services Board
Division 13—Justice Legislation Amendment Act 2023
188Definitions
189Register of disciplinary action
190Review application in relation to determination of unsatisfactory professional conduct
191Classification of offences
Schedules
Schedule 1—Legal Profession Uniform Law
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Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 018
Legal Profession Uniform Law Application Act 2014
No. 17 of 2014
Version incorporating amendments as at
11 October 2023
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1Purposes
The purposes of this Act are—
(a)to apply the Legal Profession Uniform Law as a law of Victoria; and
(b)to provide for certain local matters to complement that Law; and
(c)to repeal the Legal Profession Act 2004; and
(d)to make transitional arrangements; and
(e)to make consequential amendments to other Acts.
2Commencement
This Act comes into operation on a day or days to be proclaimed.
3Definitions
(1)In this Act—
advocate member, of the Victorian Legal Services Board—see section 35(3A)(a);
approved clerk means a person approved under section 88;
Costs Court means the Costs Court established under Division 2B of Part 2 of the Supreme Court Act 1986;
General Account means the General Account in the Public Purpose Fund—see section 135(a);
Law Institute means the Law Institute of Victoria Limited ACN 075 475 731;
lawyer member, of the Victorian Legal Services Board, means a member appointed under section 35(1)(b);
Legal Costs Committee means the Legal Costs Committee continued under section 92;
Legal Profession Uniform Framework means the uniform framework for regulation of the legal profession as described in the Intergovernmental Agreement or any uniform or national framework for regulation of the legal profession that succeeds that framework;
Legal Profession Uniform Law (Victoria) means the provisions applying in this jurisdiction because of section 4;
Liability Committee means the Legal Practitioners' Liability Committee continued under section 100;
Liability Fund means the Legal Practitioners' Liability Fund maintained by the Liability Committee under section 114(1);
local professional association means the following professional associations—
(a)the Law Institute; and
(b)the Victorian Bar;
non-advocate member, of the Victorian Legal Services Board—see section 35(3A)(b);
non-lawyer member, of the Victorian Legal Services Board, means a member appointed under section 35(1)(a);
police officer has the same meaning as in the Victoria Police Act 2013;
Public Purpose Fund means the fund maintained under section 133;
Victorian Bar means Victorian Bar Inc, an association incorporated under the Associations Incorporation Reform Act 2012;
Victorian Commissioner means the Victorian Legal Services Commissioner appointed under section 51;
Victorian Legal Admissions Board means the body established by section 19;
Victorian Legal Services Board means the body continued under section 28.
(2)Terms used in this Act and also in the Legal Profession Uniform Law (Victoria) have the same meanings in this Act as they have in that Law.
PART 2—APPLICATION OF UNIFORM LAW
Division 1—General application provisions
4Application of Legal Profession Uniform Law
The Legal Profession Uniform Law set out in Schedule 1—
(a)applies as a law of this jurisdiction; and
(b)as so applying may be referred to as the Legal Profession Uniform Law (Victoria); and
(c)so applies as if it were an Act.
5Exclusion of legislation of this jurisdiction
(1)The following Acts of this jurisdiction do not apply to the Legal Profession Uniform Law (Victoria) or to instruments made under that law—
(a)the Audit Act 1994;
(b)the Financial Management Act 1994;
(c)the Freedom of Information Act 1982;
(d)the Ombudsman Act 1973;
(e)the Public Administration Act 2004;
(f)the Public Records Act 1973;
(g)the Subordinate Legislation Act 1994 (except as provided by section 7).
(2)However, the Acts referred to in subsection (1)(a), (b), (c), (d), (e) and (f) apply to a public sector body or a public sector employee exercising a function under the Legal Profession Uniform Law (Victoria).
(3)For the avoidance of doubt, subsection (1)(g) does not limit the application of the SubordinateLegislation Act 1994 to regulations made under section 156 or 164 of this Act.
(4)In this section—
public sector body has the same meaning as in the Public Administration Act 2004;
public sector employee has the same meaning as in the Public Administration Act 2004.
6Override of Charter of Human Rights and Responsibilities Act 2006
(1)The Charter of Human Rights and Responsibilities Act 2006 has no application to—
(a)Schedule 1 to this Act; or
(b)the Legal Profession Uniform Law (Victoria).
(2)Without limiting subsection (1), section 31(7) of the Charter of Human Rights and Responsibilities Act 2006 does not apply to this section.
(3)A body performing functions or exercising powers under the Legal Profession Uniform Law (Victoria) is not a public authority within the meaning of the Charter of Human Rights and Responsibilities Act 2006 in respect of its performance of those functions or exercise of those powers.
7Disallowance of Uniform Regulations
(1)Section 15(1) and Part 5 (except sections 21(1)(ha) and (j)) of the Subordinate Legislation Act 1994 apply to a Uniform Regulation as if—
(a)the Uniform Regulation were a statutory rule within the meaning of that Act; and
(b)a reference in section 15(1) or 23(2)(a)(ii) of that Act to the publication of notice of the making of the statutory rule in the Government Gazette under section 17(2) of that Act were a reference to the later of—
(i)the publication of the Uniform Regulation under section 418 of the Legal Profession Uniform Law (Victoria); and
(ii)the day this section comes into operation.
Note
Section 15(1) of the Subordinate Legislation Act 1994 requires that a statutory rule be laid before each House of Parliament. Part 5 of that Act provides for the suspension or disallowance of statutory rules in certain circumstances.
(2)If a Uniform Regulation is disallowed in whole or in part under the Subordinate Legislation Act 1994, then despite anything to the contrary in that Act, the disallowed Regulation does not, or the disallowed part does not, cease to have effect in this jurisdiction unless the disallowed Regulation, or disallowed part, is disallowed in a majority of the participating jurisdictions.
(3)In such a case, the disallowed Regulation, or disallowed part, ceases to have effect on the date that Regulation or part is disallowed in the last of the participating jurisdictions forming the majority of participating jurisdictions.
8No double jeopardy
If—
(a)an act or omission is an offence against the Legal Profession Uniform Law (Victoria) 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 (Victoria).
Division 2—Further application provisions
9Meaning of various terms used in Legal Profession Uniform Law (Victoria)
In the Legal Profession Uniform Law (Victoria)—
Commissioner of Police includes the Chief Commissioner of Police;
member of the police force, in relation to this jurisdiction, means a police officer;
this jurisdiction means Victoria.
9AMeaning of law firm
(1)The Legal Profession Uniform Law (Victoria) applies as if for the definition of law firm in section 6(1) there were substituted—
"law firm means a partnership consisting only of—
(a)Australian legal practitioners; or
(b)one or more Australian legal practitioners and one or more Australian-registered foreign lawyers; or
(c)incorporated legal practices; or
(d)one or more incorporated legal practices and one or more Australian legal practitioners; or
(e)one or more incorporated legal practices and one or more Australian-registered foreign lawyers; or
(f)one or more incorporated legal practices, one or more Australian legal practitioners and one or more Australian-registered foreign lawyers;".
(2)For the purposes of this Act and the Legal Profession Uniform Law (Victoria), a principal of a law practice that is referred to in paragraph (c) to (f) of the definition of law firm in subsection (1) includes an Australian legal practitioner who is a principal of an incorporated legal practice that forms part of the partnership.
10Designation of local authorities and tribunals
(1)The person or body specified in column 3 of Table 1 is the designated local regulatory authority for the purposes of a provision of the Legal Profession Uniform Law (Victoria) specified in the corresponding entry of column 2 of that Table.
Note
See section 6 of the Legal Profession Uniform Law (Victoria) for the definition of designated local regulatory authority.
Table 1—Designated local regulatory authorities
Column 1
Item No.Column 2
Provision of Legal Profession Uniform Law (Victoria)
Column 3
Local regulatory authority1 Section 14 Victorian Legal Services Board 2 Part 2.2 (except section 23) Victorian Legal Admissions Board 3 Section 23 Victorian Legal Services Board 4 Chapter 3 (except section 50(1)) Victorian Legal Services Board 5 Section 50(1) Victorian Bar 6 Chapter 4 Victorian Legal Services Board 7 Chapter 5 Victorian Commissioner 8 Chapter 6 Victorian Legal Services Board 9 Chapter 7 (except to the extent that it applies to complaint investigations) Victorian Legal Services Board 10 Chapter 7 to the extent that it applies to complaint investigations Victorian Commissioner 11 Section 421(2)(f) Victorian Legal Admissions Board 12 Section 436(1) Victorian Legal Admissions Board
Victorian Legal Services Board
Victorian Commissioner
Column 1
Item No.Column 2
Provision of Legal Profession Uniform Law (Victoria)
Column 3
Local regulatory authority13 Section 436(2) Victorian Legal Admissions Board 14 Section 437 Victorian Legal Admissions Board
Victorian Legal Services Board
Victorian Commissioner
15 Section 446
Section 447
Section 453
Section 466(7)
Schedule 3 (except clause 14)
Victorian Legal Services Board 16 Schedule 3, clause 14 Victorian Commissioner (2)The Prothonotary is the designated local roll authority for the purposes of sections 23, 24 and 462 of the Legal Profession Uniform Law (Victoria).
Note
See section 6 of the Legal Profession Uniform Law (Victoria) for the definition of designated local roll authority.
(3)The body specified in column 3 of Table 2 is the designated tribunal for the purposes of a provision of the Legal Profession Uniform Law (Victoria) specified in the corresponding entry of column 2 of that Table.
Note
See section 6 of the Legal Profession Uniform Law (Victoria) for the definition of designated tribunal.
Table 2—Designated tribunals
Column 1
Item No.Column 2
Provision of Legal Profession Uniform Law (Victoria)
Column 3
Designated tribunal1 Section 23
Section 100
Section 101
Section 119
VCAT 2 Section 120
Section 198
Supreme Court 3 Section 247
Section 248
A court that would have jurisdiction to determine the claim if it were a claim for a debt owing to the claimant 4 Division 3 of Part 5.4
Part 5.5
Section 314
VCAT 5 Part 6.5
Section 356(4)(b)
Section 358 to the extent that it applies in respect of a supervisor or manager
Supreme Court 6 Section 358 to the extent that it applies in respect of a receiver Court of Appeal 7 Section 453 A court that would have jurisdiction to order payment of the pecuniary penalty if it were a debt 8 Section 474(2) Any designated tribunal referred to in this table 11Declaration of nominated fund and nominated trust authority
For the purposes of section 149(6) of the Legal Profession Uniform Law (Victoria)—
(a)the nominated fund is the Public Purpose Fund; and
(b)the nominated trust authority is the Victorian Legal Services Board.
12Dealing with unclaimed money
For the purposes of section 167 of the Legal Profession Uniform Law (Victoria), unclaimed money is to be dealt with in accordance with the Unclaimed Money Act 2008.
13Approved insurance policy
(1)A policy of professional indemnity insurance is an approved insurance policy for this jurisdiction for the purposes of Part 4.4 of the Legal Profession Uniform Law (Victoria) if the policy is issued or provided by the Liability Committee.
(2)A policy of professional indemnity insurance the terms and conditions of which are approved by the Victorian Legal Services Board is an approved insurance policy for this jurisdiction for the purposes of Part 4.4 of the Legal Profession Uniform Law (Victoria) in relation to—
(a)a community legal service; or
(b)an Australian legal practitioner who is engaged in practice for or on behalf of a community legal service; or
(c)a corporate legal practitioner or government legal practitioner who provides legal services on a pro bono basis (other than as a volunteer at a community legal service); or
(d)an Australian-registered foreign lawyer.
(3)This section applies despite anything to the contrary in section 210(1) of the Legal Profession Uniform Law (Victoria).
Note
Section 210(1) of the Legal Profession Uniform Law (Victoria) defines an approved insurance policy for a participating jurisdiction for the purposes of Part 4.4 of that Law.
14Fidelity fund and fidelity authority
(1)The fund established under Division 1 of Part 8 of this Act is nominated as the fidelity fund of this jurisdiction for the purposes of Part 4.5 of the Legal Profession Uniform Law (Victoria).
Note
See section 222 of the Legal Profession Uniform Law (Victoria).
(2)The Victorian Legal Services Board is specified as the fidelity authority for the purposes of the definition of fidelity authority in section 6 of the Legal Profession Uniform Law (Victoria).
15Dispute resolution and professional discipline for lawyers who are judicial officers in relation to previous conduct
Section 263(2) of the Legal Profession Uniform Law (Victoria) does not apply to a person referred to in that section in relation to conduct that allegedly occurred before the person's appointment to the office concerned.
16Referral for costs assessment to be to Costs Court
For the purposes of section 284 of the Legal Profession Uniform Law (Victoria), an assessment of costs must be undertaken by the Costs Court.
17Issuing authority for search warrants
(1)The Magistrates' Court is the issuing authority for the purposes of section 377 of the Legal Profession Uniform Law (Victoria).
(2)Except as provided by the Legal Profession Uniform Law (Victoria) or this Act, the rules to be observed with respect to search warrants under the Magistrates' Court Act 1989 extend and apply to warrants under section 377 of the Legal Profession Uniform Law (Victoria).
18Pecuniary penalties to be paid into Public Purpose Fund
For the purposes of section 456(a) of the Legal Profession Uniform Law (Victoria), a penalty referred to in that section is to be paid into the Public Purpose Fund and credited to the General Account.
18APart 3 of Schedule 4 applies
Subject to Division 11 of Part 12, Part 3 of Schedule 4 to the Legal Profession Uniform Law (Victoria) applies in Victoria.
PART 3—LOCAL REGULATORY AUTHORITIES
Division 1—Victorian Legal Admissions Board
19Establishment
The Victorian Legal Admissions Board is established.
20Functions and powers
(1)The Victorian Legal Admissions Board has the functions conferred on it by or under the Legal Profession Uniform Law (Victoria), this Act or any other Act, including by or under the Uniform Rules.
(2)The Victorian Legal Admissions Board has all the powers necessary to perform its functions, including the powers conferred on it by or under the Legal Profession Uniform Law (Victoria), this Act or any other Act, including by or under the Uniform Rules.
21Membership
(1)The Victorian Legal Admissions Board consists of—
(a)the Chief Justice, or a person nominated by the Chief Justice, who is chairperson of the Victorian Legal Admissions Board; and
(b)a retired judge nominated by the Chief Justice; and
(c)a person nominated by the Law Institute; and
(d)a person nominated by the Victorian Bar; and
(e)a person nominated by the Attorney-General who has experience in the provision of legal education.
(2)The members of the Victorian Legal Admissions Board (other than the Chief Justice) are to be appointed by the Governor in Council.
(3)The term of office of a member of the Victorian Legal Admissions Board (other than the Chief Justice) is 3 years and members are eligible for reappointment.
(4)The Public Administration Act 2004 does not apply to a member of the Victorian Legal Admissions Board in respect of the office of member.
(5)A member is entitled to receive the fees (if any) that are fixed by the Governor in Council from time to time in respect of him or her or in respect of a class of member that includes him or her.
(6)If a person nominated by the Chief Justice as chairperson ceases to be a member of the Victorian Legal Admissions Board, the Chief Justice becomes chairperson until another person nominated by the Chief Justice is appointed as chairperson.
22Judge or retired judge appointed as member
(1)If a judge of the Supreme Court or the County Court is appointed as a member of the Victorian Legal Admissions Board—
(a)the appointment does not affect the tenure of office of the judge nor the judge's rank, title, status, precedence, salary, annual or other allowances or other rights or privileges as the holder of an office as a judge of the relevant Court; and
(b)for all purposes, service as the member is to be taken to be service as the holder of an office as a judge.
(2)If a person who has been a judge of the Supreme Court or the County Court is appointed as a member of the Victorian Legal Admissions Board, the appointment does not affect any pension or other rights or privileges the person has as a former judge.
(3)For the purposes of section 83(4) of the Constitution Act 1975 and section 14(3A) of the County Court Act 1958, the office of member of the Victorian Legal Admissions Board is not to be taken to be a judicial office or an office or place of profit under the Crown.
23Resignation and removal
(1)A member (other than the Chief Justice) of the Victorian Legal Admissions Board may resign his or her office in writing delivered to the Chief Justice.
(2)The Governor in Council may at any time remove a member (other than a member who is a judge or a retired judge) of the Victorian Legal Admissions Board from office on the ground that the member—
(a)is incapable of carrying out the duties of the office; or
(b)has become an insolvent under administration; or
(c)has been found guilty by VCAT of professional misconduct or unsatisfactory professional conduct.
24Meetings
(1)The chairperson must preside at any meeting of the Victorian Legal Admissions Board at which he or she is present.
(2)If the chairperson is absent from a meeting of the Victorian Legal Admissions Board, a member appointed by the members present must preside.
(3)The quorum for a meeting of the Victorian Legal Admissions Board is 3 members.
(4)A question arising at a meeting of the Victorian Legal Admissions Board is determined by a majority of votes and the person presiding has a deliberative vote and, in the case of an equality of votes, a second or casting vote.
(5)The Victorian Legal Admissions Board must meet at the times and places that are determined by the chairperson.
(6)The Victorian Legal Admissions Board must ensure that accurate minutes are kept of its meetings.
(7)Subject to this Division, the Victorian Legal Admissions Board may regulate its own procedure.
25Validity of acts or decisions
An act or decision of the Victorian Legal Admissions Board is not invalid only because—
(a)of a vacancy in the office of a member; or
(b)of a defect or irregularity in, or in connection with, the appointment of a member.
26Staff and consultants
(1)Any employees that are necessary for the purposes of the Victorian Legal Admissions Board may be employed under Part 3 of the Public Administration Act 2004.
(2)The Victorian Legal Admissions Board may engage persons with suitable qualifications and experience as consultants.
(3)An engagement under subsection (2) may be on any terms and conditions the Victorian Legal Admissions Board considers appropriate.
27Delegation
(1)The Victorian Legal Admissions Board, by instrument, may delegate to the members of a committee any function of the Victorian Legal Admissions Board other than this power of delegation.
(2)A committee referred to in subsection (1) may consist of or include persons who are not members of the Victorian Legal Admissions Board but who, in the opinion of the Victorian Legal Admissions Board, have experience relevant to the functions of the committee to which they are appointed.
(3)The procedure of a committee referred to in subsection (1) is as determined by the Victorian Legal Admissions Board.
Division 2—Victorian Legal Services Board
28Continuation of board under new name
(1)The board established by section 6.2.1 of the Legal Profession Act 2004 is continued in existence as the Victorian Legal Services Board.
Note
The previous name of the board was the Legal Services Board.
(2)The Victorian Legal Services Board—
(a)is a body corporate with perpetual succession; and
(b)must have a common seal; and
(c)may sue and be sued; and
(d)may acquire, hold and dispose of real and personal property; and
(e)may do and suffer all acts and things that a body corporate may by law do and suffer.
(3)The common seal of the Victorian Legal Services Board must be kept as directed by the Board and may only be used as authorised by the Board.
(4)All courts must take judicial notice of the common seal on a document and, until the contrary is proved, must presume that the document was properly sealed.
29Relationship to the Crown
The Victorian Legal Services Board is a public entity but does not represent the Crown.
30Objectives
The objectives of the Victorian Legal Services Board are—
(a)to ensure the effective regulation of the legal profession and the maintenance of professional standards; and
(b)to address the concerns of clients of law practices and legal practitioners through the regulatory system and provide for the protection of consumers of legal services; and
(c)to ensure the adequate management of trust accounts; and
(d)to contribute to the effective administration of the Legal Profession Uniform Framework through cooperation with other involved entities.
31Functions and powers
(1)The Victorian Legal Services Board has the functions conferred on it by or under the Legal Profession Uniform Law (Victoria), this Act or any other Act.
(2)The Victorian Legal Services Board has all the powers necessary to perform its functions and achieve its objectives, including the powers conferred on it by or under the Legal Profession Uniform Law (Victoria), this Act or any other Act.
32Membership
(1)The Victorian Legal Services Board consists of—
(a)a chairperson appointed under section 33; and
(b)6 members appointed under section 35—
(i)3 of whom are non-lawyer members; and
(ii)3 of whom are lawyer members.
* * * * *
(2)The Public Administration Act 2004 (other than Part 3 of that Act) applies to a member of the Victorian Legal Services Board in respect of the office of member.
33Chairperson and deputy chairperson
(1)The Governor in Council, on the recommendation of the Attorney-General, may appoint a person as chairperson of the Victorian Legal Services Board.
(2)The chairperson holds office, subject to this Act, for a term of 4 years from the date of appointment and is eligible for reappointment.
(3)The Governor in Council, on the recommendation of the Attorney-General, may appoint a member of the Victorian Legal Services Board to be the deputy chairperson of the Victorian Legal Services Board.
34Judge or former judge appointed as chairperson
(1)If a judge of the Supreme Court or the County Court is appointed as chairperson of the Victorian Legal Services Board—
(a)the appointment does not affect the tenure of office of the judge nor the judge's rank, title, status, precedence, salary, annual or other allowances or other rights or privileges as the holder of an office as a judge of the relevant Court; and
(b)for all purposes, service as the chairperson is to be taken to be service as the holder of an office as a judge.
(2)If a person who has been a judge of the Supreme Court or the County Court is appointed as chairperson of the Victorian Legal Services Board, the appointment does not affect any pension or other rights or privileges the person has as a former judge.
(3)For the purposes of section 83(4) of the Constitution Act 1975 and section 14(3A) of the County Court Act 1958, the office of chairperson is not to be taken to be a judicial office or an office or place of profit under the Crown.
35Appointed members
(1)The Governor in Council, on the recommendation of the Attorney-General, may appoint—
(a)a person to be a non-lawyer member of the Victorian Legal Services Board; or
(b)a person to be a lawyer member of the Victorian Legal Services Board.
(2)A person is not eligible to be a non-lawyer member if the person—
(a)is, or has been, an Australian lawyer; or
(b)is eligible for admission to the legal profession.
(3)Of the 3 non-lawyer members appointed—
(a)at least one must be a person who, in the Attorney-General's opinion, has experience in financial or prudential management; and
(b)at least one must be a person who, in the Attorney-General's opinion, represents the interests of consumers of legal services.
(3A)Of the lawyer members appointed—
(a)one is to be an Australian legal practitioner—
(i)whose home jurisdiction is Victoria; and
(ii)who is of not less than 5 years' standing; and
(iii)who is a barrister (advocate member); and
(iv)who is selected by the Attorney‑General from a panel of 3 barristers nominated by the Victorian Bar; and
(b)two are to be Australian legal practitioners—
(i)whose home jurisdiction is Victoria; and
(ii)who are not of less than 5 years' standing; and
(iii)who are not barristers (non‑advocate members); and
(iv)who have been selected by the Attorney-General from a panel of 6 Australian legal practitioners nominated by the Law Institute.
(4)A member of the Victorian Legal Services Board—
(a)holds office, subject to this Act, for a term specified in the member's instrument of appointment, not exceeding 4 years from the date of appointment; and
(b)is eligible for reappointment.
36Payment of members
(1)A member of the Victorian Legal Services Board (except the chairperson if he or she is a judge other than a reserve judge) is entitled to receive the remuneration that is fixed from time to time by the Governor in Council.
(2)Each member of the Victorian Legal Services Board is entitled to receive the allowances that are fixed from time to time by the Governor in Council.
(3)The Governor in Council may fix different remuneration for different classes of members of the Victorian Legal Services Board.
37Acting appointments
(1)The Governor in Council may appoint a person to act as a member of the Victorian Legal Services Board—
(a)during a vacancy in the office of member; or
(b)in the place of a member who is absent or who, for any other reason, is unable to perform the duties of the office.
(2)Before a person is appointed to act in the place of a lawyer member, or during a vacancy in an office of a lawyer member, each local professional association must be consulted about the appointment.
(3)An acting appointment is for the term (not exceeding 4 months in the case of a person to act in the place of an elected member) specified in the instrument of appointment.
(4)An acting member—
(a)has all the powers and must perform all the duties of the member for whom, or the office in which, he or she is acting; and
(b)is entitled to be paid the remuneration and allowances that the member would have been entitled to for performing those duties; and
(c)is eligible for reappointment.
(5)Section 34 applies to the appointment of an acting chairperson of the Victorian Legal Services Board.
(6)The Governor in Council may at any time terminate an acting appointment.
38When does a member's office become vacant?
(1)The office of a member becomes vacant if the member—
(a)becomes an insolvent under administration; or
(b)is found guilty of an indictable offence or an offence that, if committed in this jurisdiction, would be an indictable offence; or
(c)resigns by writing delivered to the Governor in Council; or
(d)is removed from office under subsection (2).
(2)The Governor in Council may remove a member from office if of the opinion that the member—
(a)is guilty of improper conduct in carrying out the duties of his or her office; or
(b)is mentally or physically incapable of carrying out satisfactorily the duties of his or her office; or
(c)has failed to comply with any term or condition of appointment.
(2A)The Governor in Council may remove a lawyer member from office if disciplinary action has been taken in respect of the member.
(2B)The Governor in Council may remove the chairperson of the Victorian Legal Service Board from office if—
(i)the chairperson is an Australian legal practitioner; and
(ii)disciplinary action has been taken in respect of the chairperson.
(3)In addition to the circumstances set out in subsection (1), the office of a lawyer member becomes vacant if the member ceases to be an Australian legal practitioner whose home jurisdiction is Victoria.
(4)In this section—
disciplinary action has the same meaning as in Division 2 of Part 9A.
39Meetings
(1)The following person is to preside at a meeting of the Victorian Legal Services Board—
(a)the chairperson; or
(b)the deputy chairperson if the chairperson is absent; or
(c)a member appointed by the members present if both the chairperson and deputy chairperson are absent.
(2)The quorum of the Victorian Legal Services Board is a majority of the members for the time being, consisting of at least one non-lawyer member and one lawyer member.
(3)A question arising at a meeting is determined by a majority of votes and the person presiding has a deliberative vote and, in the case of an equality of votes, a second or casting vote.
(4)The Victorian Legal Services Board must ensure that accurate minutes are kept of its meetings.
(5)The Victorian Legal Services Board may permit members to participate in a particular meeting, or all meetings, by telephone, video conference or any other means of communication that does not require the physical presence of each member in the same place.
(6)Subject to this Division, the Victorian Legal Services Board may regulate its own procedure.
40Conflicts of interest
(1)If—
(a)a member has a personal interest (whether pecuniary or otherwise) in a matter being considered or about to be considered by the Victorian Legal Services Board; and
(b)the interest appears to raise a conflict of interest with the proper performance of the member's duties in relation to the consideration of the matter—
the member, as soon as practicable after becoming aware of the relevant facts, must declare the nature of the interest at a meeting of the Victorian Legal Services Board.
Penalty:5 penalty units.
(2)The person presiding at a meeting at which a declaration is made must cause a record of the declaration to be made in the minutes of the meeting.
(3)After becoming aware of the conflict of interest in a matter—
(a)unless the Victorian Legal Services Board directs otherwise, the member must not be present during any deliberations on the matter; and
(b)the member is not entitled to vote on the matter; and
(c)if the member does vote, the vote must be disallowed.
(4)For the purposes of this section and section 41 a member is not to be regarded as having a conflict of interest—
(a)in a matter relating to the supply of goods or services to the member if the goods or services are, or are to be, available to members of the public on the same terms and conditions; or
(b)in a contract or arrangement only because that contract or arrangement may benefit a company or other body in which the member has a beneficial interest that does not exceed 1% of the total nominal value of beneficial interests in that company or body.
41Resolutions without meetings
(1)If—
(a)the Victorian Legal Services Board has taken reasonable steps to give notice to each member setting out the terms of a proposed resolution; and
(b)a majority of the members, including at least one non-lawyer member and one lawyer member, sign a document containing a statement that they are in favour of the resolution in the terms set out in the document—
a resolution in those terms is deemed to have been passed at a meeting of the Victorian Legal Services Board held on the day on which the document is signed or, if the members referred to in paragraph (b) do not sign it on the same day, on the day on which the last of those members signs the document.
(2)If a resolution is, under subsection (1), deemed to have been passed at a meeting of the Victorian Legal Services Board, each member must as soon as practicable be advised of the matter and given a copy of the resolution.
(3)For the purposes of subsection (1), 2 or more separate documents containing a statement in identical terms, each of which is signed by one or more members, are deemed to constitute one document.
(4)In this section, member, in relation to a resolution, does not include a member who, by reason of section 40, is not entitled to vote on the resolution.
42Validity of acts or decisions
An act or decision of the Victorian Legal Services Board is not invalid—
(a)only because—
(i)of a defect or irregularity in, or in connection with, the appointment of a member or an acting member; or
(ii)of a vacancy in the office of a member; or
(b)on the ground that the occasion for an acting member to act had not arisen or had ceased.
43Immunity
(1)A member or an acting member of the Victorian Legal Services Board is not personally liable for anything done or omitted to be done in good faith—
(a)in the performance of a function under this Act; or
(b)in the reasonable belief that the act or omission was in the performance of a function under this Act.
(2)A person to whom the Victorian Legal Services Board has delegated a function under this Act is not personally liable for anything done or omitted to be done in good faith—
(a)in the performance of the function; or
(b)in the reasonable belief that the act or omission was in the performance of the function.
(3)Any liability resulting from an act or omission that, but for subsection (1) or (2), would attach to a person attaches instead to the Victorian Legal Services Board.
44Delegation
(1)The Victorian Legal Services Board, by instrument, may delegate to any of the following persons any function of the Victorian Legal Services Board, other than the functions specified in subsections (1A) and (2)—
(a)a member of the Victorian Legal Services Board;
(b)an employee referred to in section 59(1);
(c)the Victorian Commissioner;
(d)a local professional association;
(e)a person who is, or who is a member of a class that is, prescribed by the regulations.
(1A)The Victorian Legal Services Board, by instrument, may delegate to the Victorian Bar the function of approving, under section 88(1), a natural person to receive trust money as described in that provision.
(2)The following functions or powers of the Victorian Legal Services Board cannot be delegated under this section—
(a)controlling and administering funds under this Act;
(b)making an arrangement with an ADI under section 87;
(ba)suspending or revoking, under section 88A, an approval under section 88(1);
(c)setting contributions and levies for the fidelity fund under Division 3 of Part 4.5 of the Legal Profession Uniform Law (Victoria) or Division 2 of Part 8 of this Act;
(d)approving professional indemnity insurance requirements under Part 4.4 of the Legal Profession Uniform Law (Victoria), except insofar as they relate to—
(i)approving the terms and conditions of professional indemnity insurance policies for—
(A)community legal services; or
(B)Australian legal practitioners who are engaged in practice for or on behalf of a community legal service; or
(C)corporate legal practitioners or government legal practitioners who provide legal services on a pro bono basis (other than as a volunteer at a community legal service); or
(D)Australian-registered foreign lawyers.
(ii)exempting Australian legal practitioners from the requirement to obtain an approved insurance policy from, or maintain an approved insurance policy with, the Liability Committee;
(e)any function under Chapter 6 of the Legal Profession Uniform Law (Victoria);
* * * * *
(g)nominating members to the Legal Costs Committee under section 92 and consulting that Committee regarding the making of practitioner remuneration orders;
(h)any function relating to appointments to the Victorian Legal Admissions Board;
(i)the power of delegation under subsection (1) or (1A).
(3)The Victorian Legal Services Board must keep a register of delegations containing details of each function delegated and the name, office or position of the person or class of person to whom it has been delegated.
(4)At least once every 12 months the Victorian Legal Services Board must perform an audit of its delegations under this section to determine whether each delegation is still appropriate.
45Performance targets etc.
(1)The Victorian Legal Services Board may from time to time set performance targets to be met by persons to whom functions are delegated by the Victorian Legal Services Board under this Act or the Legal Profession Uniform Law (Victoria).
(2)The Victorian Legal Services Board must monitor each delegate's performance of functions delegated to the delegate by the Victorian Legal Services Board under this Act or the Legal Profession Uniform Law (Victoria).
46Annual report
The Victorian Legal Services Board must include the following information in its report of operations under Part 7 of the Financial Management Act 1994 each year—
(a)a list of all delegations by the Victorian Legal Services Board in force as at the end of the year, the functions delegated, the date of the delegation and the name, office or position of the delegate; and
(b)a list of any delegations that were revoked during the year and the reasons for their revocation; and
(c)the number and type of investigations conducted under Division 4 of Part 4.2 of the Legal Profession Uniform Law (Victoria) during the year; and
(d)any other information required by the Attorney-General.
47Other reports
(1)The Attorney-General may request the Victorian Legal Services Board to report to the Attorney-General, within the reasonable time specified by the Attorney-General, on any matter relevant to the performance of the Board's functions or the achievement of its objectives.
(2)The Victorian Legal Services Board must comply with a request under subsection (1) within the specified time.
(3)The Attorney-General must cause a copy of a report requested by him or her to be laid before each House of Parliament within 7 sitting days after receiving the report.
(4)The Victorian Legal Services Board may make any other reports to the Attorney-General it thinks desirable on any matter relevant to the performance of the Board's functions.
(5)The Victorian Legal Services Board must specify in a report under subsection (4) whether it requires the report to be laid before Parliament and, if it does so require, the Attorney-General must cause a copy of the report to be laid before each House of Parliament within 7 sitting days after receiving the report.
Division 3—Victorian Legal Services Commissioner
48Establishment
There is to be a Victorian Legal Services Commissioner.
49Functions and powers
(1)The Victorian Commissioner has the functions conferred on him or her by or under the Legal Profession Uniform Law (Victoria), this Act or any other Act.
Note
The Victorian Commissioner has the function of public service body Head of the Office of the Victorian Legal Services Commissioner—see section 16 of the Public Administration Act 2004.
(2)The Victorian Commissioner has all the powers necessary to perform his or her functions, including the powers conferred on the Victorian Commissioner under the Legal Profession Uniform Law (Victoria), this Act or any other Act.
50Relationship to Victorian Legal Services Board
(1)The Victorian Commissioner is the chief executive officer of the Victorian Legal Services Board.
(2)In addition to all other functions, powers and duties, the Victorian Commissioner is to administer the affairs of the Victorian Legal Services Board in accordance with the Board's policies and directions.
51Appointment of Victorian Commissioner
(1)The Governor in Council, on the recommendation of the Attorney-General, may appoint a person as Victorian Commissioner.
(2)The Attorney-General must only recommend a person for appointment as Victorian Commissioner if—
(a)the person has been approved by the Victorian Legal Services Board for recommendation for appointment; and
(b)the Attorney-General considers that the person has sufficient knowledge of legal practice and the legal system to be able to perform the functions of Victorian Commissioner.
(3)The Victorian Commissioner holds office, subject to this Act, for a term of 5 years from the date of appointment, specified in the instrument of appointment, and is eligible for reappointment.
(4)A person must not be appointed to the position of Victorian Commissioner for terms, whether consecutive or non-consecutive, that exceed 10 years in total.
(5)The Victorian Commissioner is entitled to receive the remuneration and allowances that are fixed from time to time by the Governor in Council on the recommendation of the Victorian Legal Services Board.
(6)The Public Administration Act 2004 does not apply to the Victorian Commissioner, except as provided by section 16 of that Act.
52Acting Victorian Commissioner
(1)The Victorian Legal Services Board may appoint a person to act as Victorian Commissioner—
(a)during a vacancy in the office of Victorian Commissioner; or
(b)during a period, or all periods, when the Victorian Commissioner is absent from duty or, for any other reason, is unable to perform the duties of the office.
(2)The Victorian Legal Services Board may appoint a person as Acting Victorian Commissioner only if it considers that the person has sufficient knowledge of legal practice and the legal system to be able to perform the functions of the Victorian Commissioner.
(3)An acting appointment is for the term (not exceeding 6 months) specified in the instrument of appointment and a person appointed to act is eligible for reappointment.
(4)The Acting Victorian Commissioner—
(a)has all the powers and must perform all the functions of the Victorian Commissioner; and
(b)is entitled to be paid the remuneration and allowances that the Victorian Commissioner would have been entitled to for performing those functions.
(5)The Victorian Legal Services Board may remove the Acting Victorian Commissioner from office at any time.
53Vacancy of Victorian Commissioner's office
(1)The office of Victorian Commissioner becomes vacant if the Victorian Commissioner—
(a)becomes an insolvent under administration; or
(b)is found guilty of an indictable offence or an offence that, if committed in this jurisdiction, would be an indictable offence; or
(c)resigns by writing delivered to the Governor in Council; or
(d)is removed from office under subsection (2).
(2)The Governor in Council may remove the Victorian Commissioner from office on the recommendation of the Attorney-General.
54Validity of acts and decisions
An act or decision of the Victorian Commissioner or Acting Victorian Commissioner is not invalid only because—
(a)of a defect or irregularity in, or in connection with, their appointment; or
(b)in the case of the Acting Victorian Commissioner, that the occasion for so acting had not arisen or had ceased.
55Immunity
(1)The Victorian Commissioner is not personally liable for anything done or omitted to be done in good faith—
(a)in the performance of a function under this Act; or
(b)in the reasonable belief that the act or omission was in the performance of a function under this Act.
(2)A person to whom the Victorian Commissioner has delegated a function under this Act is not personally liable for anything done or omitted to be done in good faith—
(a)in the performance of the function; or
(b)in the reasonable belief that the act or omission was in the performance of the function.
(3)If the function is a function of the Victorian Legal Services Board under this Act, any liability resulting from the act or omission that, but for subsection (1) or (2), would attach to the Victorian Commissioner or delegate attaches instead to the Victorian Legal Services Board.
56Delegation
(1)The Victorian Commissioner, by instrument, may delegate to any of the following persons any function of the Victorian Commissioner, other than this power of delegation—
(a)an employee referred to in section 59(1);
(b)a local professional association;
(c)a person who is, or who is a member of a class that is, prescribed by the regulations.
(2)The Victorian Commissioner must keep a register of delegations containing details of each function delegated and the name, office or position of the person or class of person to whom it has been delegated.
(3)At least once every 12 months the Victorian Commissioner must perform an audit of its delegations under this section to determine whether each delegation is still appropriate.
57Annual report
(1)The Victorian Commissioner must include the following information in the report of operations of the Commissioner's office under Part 7 of the Financial Management Act 1994 each year—
(a)the number and type of complaints made to the Victorian Commissioner during the year; and
(b)the number of complaints involving disciplinary matters investigated by the Victorian Commissioner during the year; and
(c)information regarding the outcome of complaints made to the Victorian Commissioner (including the outcome of complaints made in previous years that were dealt with during the year); and
(d)the number and type of applications made to the designated tribunal under section 300 of the Legal Profession Uniform Law (Victoria) during the year, whom they were made by and the result of those applications; and
(e)the number of complaints outstanding at the end of the year and the date on which they were made; and
(f)information regarding the time taken to investigate complaints involving disciplinary matters; and
(g)a list of all delegations by the Victorian Commissioner in force as at the end of the year, the functions delegated, the date of the delegation and the name, office or position of the delegate; and
(h)a list of any delegations that were revoked during the year and the reasons for their revocation; and
(i)any other information required by the Attorney-General.
(2)Matters included in a report of operations must not identify individual complainants, clients, law practices or lawyers, unless the names have already lawfully been made public in connection with the complaint concerned.
58Other reports
(1)In addition to the report of operations under the Financial Management Act 1994, the Victorian Commissioner may make any reports to the Attorney-General that the Victorian Commissioner thinks necessary or desirable on any matter relevant to the performance of the Victorian Commissioner's functions (other than the Victorian Commissioner's functions as chief executive officer of the Victorian Legal Services Board or a function of that Board delegated to the Victorian Commissioner).
(2)The Victorian Commissioner must specify in a report under subsection (1) whether he or she requires the report to be laid before Parliament.
(3)If the Victorian Commissioner specifies a requirement under subsection (2) that a report be laid before Parliament, the Attorney-General must cause a copy of the report to be laid before each House of Parliament within 7 sitting days after the Attorney-General receives the report.
Division 4—General provisions for the Victorian Legal Services Board and Victorian Commissioner
59Staff and consultants
(1)Any employees that are necessary for the purposes of the Victorian Legal Services Board or the Victorian Commissioner may be employed by the Victorian Commissioner under Part 3 of the Public Administration Act 2004.
(2)The Victorian Commissioner may engage persons with suitable qualifications and experience as consultants.
(3)An engagement under subsection (2) may be on any terms and conditions the Victorian Commissioner considers appropriate.
60Mediators
(1)The Victorian Commissioner may appoint a panel of mediators for the purposes of the Legal Profession Uniform Law (Victoria).
(2)A person is eligible for appointment to the panel if, in the Victorian Commissioner's opinion, he or she has the necessary skills and experience to perform the functions of a mediator under the Legal Profession Uniform Law (Victoria).
(3)Each mediator—
(a)holds office for the period, not exceeding 5 years, specified in his or her instrument of appointment; and
(b)is entitled to receive the remuneration and allowances that are fixed from time to time by the Victorian Commissioner; and
(c)is eligible for reappointment.
(4)The Public Administration Act 2004 does not apply to a mediator in respect of his or her appointment as a mediator.
(5)The Victorian Commissioner may at any time remove a mediator from office.
(6)A mediator may resign by writing delivered to the Victorian Commissioner.
61Immunity for mediators
A mediator is not personally liable for anything done or omitted to be done in good faith—
(a)in the capacity of mediator under the Legal Profession Uniform Law (Victoria); or
(b)in the reasonable belief that the thing was done or omitted to be done in the capacity of mediator under the Legal Profession Uniform Law (Victoria).
* * * * *
PART 4—ADMISSION, PRACTISING CERTIFICATES AND REGISTRATION CERTIFICATES
Division 1—Admission
72Admission fees
The following fees are payable under this Act for admission to the Australian legal profession in Victoria—
(a)a prescribed general fee, to be applied to meet the expenses of the Victorian Legal Admissions Board; and
(b)a prescribed library fee, to be applied for the purposes of the Supreme Court library.
Note
Fees may also be payable under the Supreme Court Act 1986 for admission to the Australian legal profession by the Supreme Court.
72AFees for assessments regarding foreign qualification or training
(1)If the Admission Rules provide for the Victorian Legal Admissions Board to undertake an assessment referred to in subsection (2), the Board may charge a person who requests such an assessment a fee to recover the Board's reasonable costs in undertaking the assessment.
(2)Subsection (1) applies in relation to an assessment as to what a person with foreign qualifications or training must do in order to satisfy—
(a)the specified academic qualifications prerequisite referred to in section 17 of the Legal Profession Uniform Law (Victoria); and
(b)the specified practical legal training prerequisite referred to in that section.
(3)For the purposes of subsection (2), a person has foreign qualifications or training if the person has—
(a)attained an academic qualification in law in a foreign country; or
(b)undertaken work required to attain an academic qualification in law in a foreign country; or
(c)undertaken practical legal training in a foreign country.
Division 2—Australian practising certificates
73Australian practising certificate fees and fidelity fund contributions
(1)An application for the grant or renewal of an Australian practising certificate in which the applicant states that Victoria 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 prescribed fee for the certificate; and
(b)the required contribution to the fidelity fund (if any).
Note
Applications are made under section 44 of the Legal Profession Uniform Law (Victoria). See section 225 of that Law for fidelity fund contributions.
(2)A person must pay a surcharge of 200% of the prescribed fee for an Australian practising certificate if all of the following apply—
(a)the person applies for the grant of a practising certificate during the first 3 months of a financial year; and
(b)the person was an Australian legal practitioner immediately before the end of the previous financial year; and
(c)the person's home jurisdiction immediately before the end of the previous financial year was Victoria.
(3)Subsection (2) does not apply if the application is accompanied by a statutory declaration from the applicant stating—
(a)that the applicant has not engaged in legal practice since the end of the previous financial year; and
(b)that, as at the end of the previous financial year, the applicant did not intend to engage in legal practice for at least the first 3 months of the current financial year; and
(c)the reasons why the intention referred to in paragraph (b) has changed.
(4)The Victorian Legal Services Board may refund all or part of a surcharge paid under subsection (2) if it considers that there are special circumstances.
(5)A fee or surcharge is not payable for an Australian practising certificate that authorises the holder to engage in legal practice only as a volunteer at a community legal service or otherwise on a pro bono basis.
74Timing of application for renewal of local practising certificate
An application for renewal of an Australian practising certificate must be made—
(a)on or before 30 April (except as provided by section 75); or
(b)in the case of a person who is not an Australian legal practitioner on 30 April, on or before 30 June.
75Late application for renewal of practising certificate
(1)An Australian legal practitioner may apply for renewal of an Australian practising certificate after 30 April in any year on payment of a surcharge of—
(a)if the application is made on or before 31 May—25% of the prescribed fee for renewal of the certificate; or
(b)if the application is made after 31 May—50% of the prescribed fee for renewal of the certificate.
(2)The Victorian Legal Services Board may refund all or part of a surcharge paid under subsection (1) if it considers that there are special circumstances.
(3)This section does not apply to a person who was not an Australian legal practitioner whose home jurisdiction is Victoria on 30 April in the relevant year.
Division 3—Australian registration certificates
76Australian registration certificate fees and costs
(1)An application to the Victorian Legal Services Board for the grant or renewal of an Australian registration certificate must be accompanied by the fee set by that Board.
Note
Applications are made under section 62 of the Legal Profession Uniform Law (Victoria).
(2)Different fees may be set according to different factors determined by the Victorian Legal Services Board.
(3)The fees are not to be greater than the maximum fees under this Act for an Australian practising certificate.
(4)The Victorian Legal Services Board may also require the applicant to pay any reasonable costs and expenses incurred by that Board in considering the application, including (for example) costs and expenses of making enquiries and obtaining information or documents about whether the applicant meets the requirements for grant of the certificate.
(5)The fees and costs must not include any component for compulsory membership of any professional association.
Division 4—General
77Time limit for review applications in relation to certificates
For the purposes of sections 100(1) and 101(1) of the Legal Profession Uniform Law (Victoria), an application for a review by VCAT must be made within 28 days after the day on which the decision of the Victorian Legal Services Board is notified to the applicant.
PART 5—TRUST ACCOUNTS
Division 1—Statutory deposits into
Public Purpose Fund
78Definitions
In this Division—
quarter means the period of 3 months ending on 31 January, 30 April, 31 July or 31 October in any year;
required deposit amount, for a law practice or an approved clerk in respect of a quarter, has the meaning given in section 79.
79Required deposit amount
(1)Subject to subsection (2), the required deposit amount under this Division for a law practice or an approved clerk in respect of a quarter is the amount calculated in accordance with the following formula—
0×7 (A + B)
where—
Ais the lowest daily balance of the trust account of the law practice or approved clerk at any time during the previous quarter;
Bis the amount held on deposit with the Victorian Legal Services Board under this Division on account of the law practice or approved clerk on the last day of the previous quarter.
(2)If the amount calculated in accordance with the formula in subsection (1) for a law practice or an approved clerk in respect of a quarter is less than $10 000, the required deposit amount under this Division for the practice or clerk in respect of that quarter is zero.
80Determination of required deposit amount
(1)The Victorian Legal Services Board must determine the required deposit amount for a law practice or an approved clerk in respect of a quarter as soon as practicable after the end of the previous quarter.
(2)The Victorian Legal Services Board must notify the law practice or approved clerk of the required deposit amount as soon as practicable after determining it, unless the required deposit amount is zero.
81Requirement to deposit with the Victorian Legal Services Board
A law practice that, or an approved clerk who, is required to maintain a trust account must deposit the required deposit amount (if any) with the Victorian Legal Services Board in respect of each quarter—
(a)out of the trust money received by the law practice or approved clerk; and
(b)on or before the 21st day of the first month of the quarter.
82Deposit amounts to be paid to Public Purpose Fund
The Victorian Legal Services Board must pay amounts deposited with it under section 81 to the Public Purpose Fund.
83Repayment by Victorian Legal Services Board
(1)Amounts deposited with the Victorian Legal Services Board under this Division—
(a)are held on trust for the law practice that, or approved clerk who, deposited them; and
(b)are repayable on demand.
(2)Despite subsection (1), if—
(a)an amount is repaid to a law practice or an approved clerk; and
(b)subsequently there is a sufficient amount in the practice's or clerk's trust accounts to cover the required deposit amount—
the law practice or approved clerk must deposit the required deposit amount with the Victorian Legal Services Board.
(3)Amounts repaid under this section must be deposited in the recipient's trust account.
84Division does not apply to controlled money accounts
(1)Nothing in this Division applies to—
(a)a controlled money account kept by a law practice on the instructions of a single client for the exclusive use of that client; or
(b)a controlled money account that is—
(i)kept by a law practice on the instructions of 2 or more clients for the exclusive use of those clients; and
(ii)approved by the Victorian Legal Services Board under subsection (2).
(2)The Victorian Legal Services Board may approve an account referred to in subsection (1)(b) only if satisfied that the clients are joint owners of the account.
85Exemption by Victorian Legal Services Board
On application by a law practice or an approved clerk, the Victorian Legal Services Board may exempt the law practice or approved clerk from any of the provisions of this Division for the period and subject to the conditions (if any) determined by the Victorian Legal Services Board.
86Multiple trust accounts
If a law practice or an approved clerk has more than one trust account, this Division applies separately in respect of each trust account.
Division 2—Authorised deposit-taking institutions
87Arrangements with ADIs
(1)The Victorian Legal Services Board may make an arrangement with an ADI for the keeping of trust accounts.
(2)An arrangement may provide for any one or more of the following—
(a)the payment of interest to the Victorian Legal Services Board on the whole or any part of deposits in the trusts accounts;
(b)the manner in which the Victorian Legal Services Board is informed of amounts held in the trust accounts;
(c)the auditing of balances in the trust accounts;
(d)any other relevant matter.
(3)An arrangement may provide for the ADI to keep only trust accounts of a particular class.
Example
An arrangement may provide for an ADI to keep only controlled money accounts.
(4)Interest received by the Victorian Legal Services Board under an arrangement must be paid into the Public Purpose Fund.
(5)A law practice or an approved clerk must comply with an arrangement under this section.
Division 3—Approved clerks
87APerson not to act as approved clerk without approval
(1)A person who is not an approved clerk must not receive money on account of the legal costs of one or more barristers in advance of the provision of the legal services to which those costs relate.
(2)Subsection (1) does not apply in relation to—
(a)an ADI receiving trust money deposited into an approved clerk's general trust account in accordance with section 137 or 143(1) of the Legal Profession Uniform Law (Victoria) as applied in relation to approved clerks by section 89(1); or
(b)a law practice receiving trust money in accordance with section 150 of the Legal Profession Uniform Law (Victoria); or
(c)a supervisor of trust money of an approved clerk receiving trust money in accordance with section 331 of the Legal Profession Uniform Law (Victoria) as applied in relation to approved clerks by section 89(2A).
(3)Division 2 of Part 9.7 of the Legal Profession Uniform Law (Victoria) applies to a contravention of subsection (1).
(4)For the purposes of subsection (3)—
(a)subsection (1) is taken to be a civil penalty provision; and
(b)a contravention of subsection (1) is punishable by an amount not exceeding 100 penalty units.
88Approval of clerks
(1)The Victorian Legal Services Board, in accordance with this section, may approve a natural person to receive trust money on account of legal costs of one or more barristers in advance of the provision of the legal services to which those costs relate.
(1A)The Victorian Legal Services Board must not approve a natural person under subsection (1) unless the Board is satisfied that the person is a fit and proper person to receive trust money as described in that subsection.
(1B)In considering whether a person is or is not a fit and proper person to receive trust money as described in subsection (1), the Victorian Legal Services Board may have regard to whether—
(a)a bankruptcy-related event has occurred in relation to the person; or
(b)the person has been convicted of a serious offence or a tax offence; or
(c)the person has contravened any of the following—
(i)this Act;
(ii)the Legal Profession Uniform Law (Victoria);
(iii)the Uniform Rules;
(iv)the rules made under section 90 of this Act;
(v)any other law or rule of any other State or a Territory, or of a foreign country, relating to trust accounts or trust money.
(1C)The Victorian Legal Services Board may consider that a person is a fit and proper person to receive trust money as described in subsection (1) despite an event, conviction or contravention referred to in subsection (1B) if the Board is satisfied that the decision is warranted in the circumstances.
(2)An approval must be in writing.
(3)If the Victorian Legal Services Board delegates to the Victorian Bar the function of approving a natural person under subsection (1), the Victorian Bar must notify the Board in writing of an approval as soon as practicable after giving it.
88ASuspension or revocation of approval of clerk on request
(1)The Victorian Legal Services Board may revoke, or suspend for a specified period, an approval of a natural person under section 88(1) if the person requests the revocation or suspension in writing.
(2)A revocation or suspension under subsection (1) is to be made by giving the person who requested the revocation or suspension a notice in writing.
88BSuspension or revocation of approval of clerk for other reasons
(1)The Victorian Legal Services Board may, in accordance with this section, revoke, or suspend for a specified period, an approval of a natural person under section 88(1) if—
(a)the person—
(i)is convicted of a serious offence or a tax offence; or
(ii)contravenes a law or rule referred to in section 88(1B)(c); or
(b)a bankruptcy-related event occurs in relation to the person; or
(c)the Board reasonably believes that the person is no longer a fit and proper person to receive trust money as described in section 88(1).
(2)If the Victorian Legal Services Board considers that an approval of a natural person under section 88(1) should be revoked or suspended, the Board must give the person notice in writing—
(a)stating—
(i)that the Board proposes to take that action; and
(ii)the ground or grounds for the proposed action; and
(b)if the Board proposes to suspend the approval, stating the proposed period of suspension; and
(c)inviting the person to respond in writing to the Board within a specified period (not being less than 7 days nor more than 28 days after the notice is given) as to why the proposed action should not be taken.
(a)the application is to be determined as if it were an application made in this jurisdiction under this Law as applied in this jurisdiction for an Australian registration certificate; and
(b)a registration certificate already held by the applicant remains in force as if it were an Australian registration certificate granted in this jurisdiction under this Law as applied in this jurisdiction until a new certificate is granted or the application is refused.
(3)The fees payable in respect of an application referred to in subclause (2) (or for the grant or issue of a registration certificate in consequence of such an application) are the fees that were or would have been payable under the old legislation, unless otherwise provided by—
(a)legislation of this jurisdiction; or
(b)the Uniform Rules, if provision is not made by legislation of this jurisdiction.
(4)Any conditions attaching to a registration certificate granted under the old legislation continue to attach to the certificate on and after the commencement day.
14Incorporated legal practices and multi-disciplinary practices
(1)An entity that was an incorporated legal practice within the meaning of the old legislation immediately before the commencement day is taken to be an incorporated legal practice within the meaning of this Law as applied in this jurisdiction.
(2)An entity that was a multi-disciplinary partnership within the meaning of the old legislation immediately before the commencement day is taken to be an unincorporated legal practice within the meaning of this Law as applied in this jurisdiction.
(3)An entity referred to in subclause (1) or (2) is taken to have given notice under section 104 of this Law as applied in this jurisdiction that it intends to engage in legal practice in Australia.
15Disqualification orders
(1)This clause applies to an order that a person (other than a legal practitioner) is a disqualified person for the purposes of any provisions of the old legislation.
(2)An order to which this clause applies and that was in force under the old legislation immediately before the commencement day continues in force on and after that day according to its tenor as if it were an order under section 119 of this Law.
16Approval of lay associates
(1)This clause applies to an approval of a lay associate for the purposes of a provision of the old legislation that prohibits a legal practitioner or law practice from having a lay associate who the practitioner or practice knows to be—
(a)a disqualified person (within the meaning of the provision); or
(b)a person who has been found guilty of a relevant offence (within the meaning of the provision).
(2)An approval to which this clause applies and that was in force under the old legislation immediately before the commencement day is taken, on and after that day, to be an approval of the person to whom the approval relates under section 121 of this Law.
17Disqualification of entities from providing legal services
(1)An entity disqualified under the old legislation from providing legal services under the old legislation immediately before the commencement day continues to be disqualified under this Law.
(2)If the disqualification was made by an order under the old legislation that was in force immediately before the commencement day, the order continues in force on and after that day according to its tenor as if it were an order under Part 3.9 of this Law as applied in this jurisdiction.
Division 3—Client information
18Client information and legal costs
(1)Subject to subclause (2)—
(a)Part 4.3 of this Law applies to a matter if the client first instructs the law practice on or after the commencement day; and
(b)the provisions of the old legislation relating to legal costs (other than provisions prescribed by the local regulations) continue to apply to a matter if the client first instructed the law practice in the matter before the commencement day.
(2)If a law practice is retained by another law practice on behalf of another client on or after the commencement day in relation to a matter in which the other law practice was retained by the client before the commencement day—
(a)Part 4.3 of this Law does not apply in respect of the other law practice in relation to that matter; and
(b)in that case the provisions of the old legislation relating to legal costs (other than provisions prescribed by the local regulations) continue to apply.
(3)Until a Uniform Rule prescribing an amount for the purposes of section 174(4) of this Law takes effect, the lower threshold is $750 for those purposes.
(4)Until a Uniform Rule prescribing an amount for the purposes of section 174(5) of this Law takes effect, the higher threshold is $3000 for those purposes.
Division 4—Trust money and trust accounts
19Arrangements with ADIs
(1)This clause applies to an arrangement that—
(a)was entered into under the old legislation with an ADI and was in force immediately before the commencement day; and
(b)included provisions of the kind contemplated by section 149(1)(b) of this Law.
(2)An arrangement to which this clause applies continues in force on and after the commencement day as if it were an arrangement under section 149 of this Law, but only to the extent to which its provisions are of the kind contemplated by section 149(1)(b) of this Law.
20External examiners
A person who, immediately before the commencement day, was an approved external examiner for the purposes of the old legislation is taken, on and after that day, to be duly appointed as an external examiner for the purposes of this Law until the end of 30 June of the second year after the year in which the commencement day occurs, whether or not the person meets the requirements of section 156 of this Law.
21Deficiencies and irregularities in trust accounts
(1)Section 148 of this Law applies to a deficiency in a trust account or a failure to pay or deliver trust money, whether the deficiency or failure to pay or deliver relates to money received before, on or after the commencement day.
(2)Section 154 of this Law applies in relation to an irregularity, whether it occurred before or occurs on or after the commencement day.
(3)Section 154 of this Law applies to an Australian legal practitioner in relation to an irregularity, whether the practitioner became or becomes aware of the irregularity, or formed or forms the belief about the irregularity, before, on or after the commencement day.
(4)Section 154(1) of this Law does not apply to an ADI, to an external examiner or to an entity referred to in section 154(1)(d), in relation to an irregularity, if the ADI, external examiner or other entity became aware of the irregularity concerned before the commencement day.
(5)Neither section 154 of this Law nor this clause requires a notice to be given of a matter if notice was already given of the matter before the commencement day under the old legislation.
Division 5—Fidelity cover
22Current claims
(1)This clause applies to a claim made under the old legislation relating to claims against the old fidelity fund but not disposed of before the commencement day.
(2)On and after the commencement day—
(a)the claim is to continue to be dealt with in accordance with the provisions of the old legislation; and
(b)for that purpose, the claim is to continue to be dealt with by the entity responsible for dealing with it under those provisions (the current entity).
(3)Subclause (2)(b) does not apply if a local regulation or other legislation of this jurisdiction directs that another entity referred to in this Law (the substituted entity) is to deal with the complaint or investigation instead of the current entity.
(4)The substituted entity may have regard to anything done by the current entity before, on or after the commencement day but before the direction takes effect.
23Claims under this Law about prior default
(1)This clause applies to a default that—
(a)happened or is alleged to have happened before the commencement day; and
(b)could have been, but was not, the subject of a claim under the fidelity cover provisions of the old legislation.
(2)A claim may be made under this Law on or after the commencement day about the default.
(3)The claim may be made, even if the default could not be the subject of a claim under this Law if it had happened on or after the commencement day.
(4)This Law applies (with the necessary modifications) in relation to the claim and the act or omission giving rise to or constituting the default.
(5)This clause does not authorise the making of a claim under this Law in relation to a default that occurred before the commencement day, if a corresponding claim could not have been made under the old legislation because it would have been barred at the relevant time.
Division 6—Investigations of certain matters
24Current investigations under Chapter 3 of the old legislation
(1)This clause applies to an investigation commenced by a person (the investigator) under Chapter 3 of the old legislation, and subsisting immediately before the commencement day, for the purpose of—
(a)monitoring compliance by a law practice or person with the provisions of the old legislation (or of regulations under the old legislation) relating to trust money and trust accounts; or
(b)determining whether or not a law practice or person has contravened any of those provisions; or
(c)detecting or preventing defaults, fraud or defalcation in relation to a law practice; or
(d)investigating the affairs or specified affairs of a law practice.
(2)On and after the commencement day, the investigation is to continue to be dealt with in accordance with the provisions of the old legislation.
(3)An investigation may be undertaken under Division 4 of Part 4.2 of this Law in relation to a trust account or trust money received by a law practice whether that account was established, or that money was received, before, on or after the commencement day.
(4)A reference in a provision of this clause to provisions of the old legislation (or of regulations under the old legislation) does not include provisions prescribed by the local regulations.
25Investigations under this Law of prior matters
(1)An investigation may be commenced under this Law on or after the commencement day in relation to matters (including acts and omissions) occurring before that day, for the purpose of—
(a)monitoring compliance by a law practice or person with the provisions of the old legislation (or of regulations under the old legislation) relating to trust money and trust accounts; or
(b)determining whether or not a law practice or person has contravened any of those provisions; or
(c)detecting or preventing defaults, fraud or defalcation in relation to a law practice; or
(d)investigating the affairs or specified affairs of a law practice—
so long as the same matters had not been, or had not commenced to be, investigated before that day under Chapter 3 of the old legislation.
(2)This clause does not authorise an investigation to be commenced after the commencement day in relation to a matter if an investigation of the relevant kind could not have been commenced under the old legislation in relation to the matter had the old legislation not been repealed.
Division 7—Dispute resolution and professional discipline
26Current complaints and investigations
(1)This clause applies to—
(a)a complaint made under old Chapter 4 but not disposed of before the commencement day; or
(b)an investigation referred to in old Chapter 4 that had begun but had not been completed before the commencement day.
(2)On and after the commencement day—
(a)the complaint or investigation is to continue to be dealt with in accordance with the provisions of the old legislation; and
(b)for that purpose, the complaint or investigation is to continue to be dealt with by the entity responsible for dealing with it under those provisions (the current entity).
(3)Subclause (2)(b) does not apply if a local regulation or other legislation of this jurisdiction directs that another entity referred to in this Law (the substituted entity) is to deal with the complaint or investigation instead of the current entity.
(4)The substituted entity may have regard to anything done by the current entity before, on or after the commencement day but before the direction takes effect.
27Complaints and investigations under this Law of prior conduct
(1)This clause applies to conduct that—
(a)happened or is alleged to have happened before the commencement day; and
(b)could have been, but was not, the subject of a complaint (or, if relevant, a request for dispute resolution) under old Chapter 4.
(2)A complaint may be made under this Law on or after the commencement day in relation to the conduct, even if the conduct could not be the subject of a complaint under this Law if it had happened on or after the commencement day.
(3)An investigation may be commenced under this Law on or after the commencement day in relation to the conduct, so long as the same conduct had not been, or had not commenced to be, investigated before that day under the old legislation.
(4)The complaint may be made, or the investigation may be commenced, even if the conduct could not be the subject of a complaint under this Law if it had happened after the commencement day.
(5)This Law applies (with the necessary modifications) in relation to the conduct.
(6)However, disciplinary action may not be taken against a person under this Law in relation to the conduct if it is more onerous than the disciplinary action that could have been taken against the person under the old legislation in relation to the conduct.
(7)This clause does not authorise an investigation to be commenced after the commencement day in relation to the conduct if an investigation of the relevant kind could not have been commenced under the old legislation in relation to the conduct had the old legislation not been repealed.
Division 8—External intervention
28External intervention
(1)This clause applies to—
(a)any appointment made under old Chapter 5 before the commencement day and subsisting immediately before that day; or
(b)any other act, matter or thing done under that Chapter before the commencement day and having effect immediately before that day.
(2)On and after the commencement day—
(a)the appointment or other act, matter or thing operates or has effect for the purposes of this Law as if it had been duly made or done under Chapter 6 of this Law; and
(b)any function under this Law may be exercised in relation to the appointee or the other act, matter or thing by the entity responsible under the old legislation (the current entity).
(3)Subclause (2)(b) does not apply if a local regulation or other legislation of this jurisdiction directs that another entity referred to in this Law (the substituted entity) is to exercise the function.
(4)The substituted entity may have regard to anything done by the current entity before, on or after the commencement day but before the direction takes effect.
Division 9—Other provisions
29Injunctions
An injunction made or granted under the old legislation and in force immediately before the commencement day continues in force on and after that day according to its tenor as if it were an injunction under Part 9.6 of this Law as applied in this jurisdiction.
30Offences
Nothing in this Schedule operates—
(a)to create an offence retrospectively or to increase the penalty for an offence retrospectively; or
(b)to create a liability for a contravention of a civil penalty provision retrospectively or to increase the penalty for a contravention of a civil penalty provision retrospectively.
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ENDNOTES
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 12 December 2013
Legislative Council: 20 February 2014
The long title for the Bill for this Act was "A Bill for an Act to apply the Legal Profession Uniform Law as a law of Victoria, 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."
The Legal Profession Uniform Law Application Act 2014 was assented to on 25 March 2014 and came into operation as follows:
Part 1 (sections 1–3), sections 4–7 and 9 on 1 July 2014: Special Gazette (No. 200) 24 June 2014 page 1; Chapter 1 (sections 1–8), sections 391–403, 412(1), 413, 416, Part 9.4 of Chapter 9 (sections 436–441), sections 467, 468, 476, Schedules 1 and 2 and clause 8 of Schedule 4 of the Legal Profession Uniform Law as set out in Schedule 1 on 1 July 2014: Special Gazette (No. 200) 24 June 2014 page 1; sections 8, 10–182, Schedule 2: on 1 July 2015: Special Gazette (No. 151) 16 June 2015 page 1; Chapters 2–7
(ss 9–390), sections 404–411, 412(2), 414, 415, 417-435, 442-466, 469-475, Schedule 3, Schedule 4 (clauses 1–7, 9–30) of the Legal Profession Uniform Law as set out in Schedule 1: on 1 July 2015: Special Gazette (No. 151) 16 June 2015 page 1.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Legal Profession Uniform Law Application Act 2014 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Legal Profession Uniform Law Application Act 2014, No. 17/2014
| Assent Date: | 25.3.14 |
| Commencement Date: | S. 161 on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1; s. 164(4) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1; s. 170(4) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1 |
| Note: | S. 161 repealed Pt 11 Div. 2 (ss 158–161), Sch. 2 on 1.7.16; s. 164(4) repealed s. 164 on 1.7.17; s. 170(4) repealed s. 170 on 1.7.18 |
| Current State: | This information relates only to the provision/s amending the Legal Profession Uniform Law Application Act 2014 |
Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014
Assent Date: 3.6.14 Commencement Date: S. 10(Sch. item 95) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 Current State: This information relates only to the provision/s amending the Legal Profession Uniform Law Application Act 2014
Courts Legislation Miscellaneous Amendments Act 2014, No. 62/2014
| Assent Date: | 9.9.14 |
| Commencement Date: | S. 79 on 1.4.15: Special Gazette (No. 364) 14.10.14 p. 1 |
| Current State: | This information relates only to the provision/s amending the Legal Profession Uniform Law Application Act 2014 |
Legal Profession Uniform Law Application Amendment Act 2015, No. 8/2015
| Assent Date: | 21.4.15 |
| Commencement Date: | Ss 4–28 on 22.4.15: s. 2 |
| Current State: | This information relates only to the provision/s amending the Legal Profession Uniform Law Application Act 2014 |
Statute Law Revision Act 2015, No. 21/2015
| Assent Date: | 1.8.15 |
| Commencement Date: | S. 3(Sch. 1 item 30) on 1.8.15: s. 2(1) |
| Current State: | This information relates only to the provision/s amending the Legal Profession Uniform Law Application Act 2014 |
Legal Profession Uniform Law Application Amendment Act 2016, No. 60/2016
| Assent Date: | 2.11.16 |
| Commencement Date: | Ss 4, 5, 7–11 on 3.11.16: s. 2 |
| Current State: | This information relates only to the provision/s amending the Legal Profession Uniform Law Application Act 2014 |
Justice Legislation Amendment (Court Security, Juries and Other Matters) Act 2017, No. 38/2017
| Assent Date: | 29.8.17 |
| Commencement Date: | Ss 53–60 on 30.8.17: s. 2(1) |
| Current State: | This information relates only to the provision/s amending the Legal Profession Uniform Law Application Act 2014 |
Justice Legislation Amendment (Access to Justice) Act 2018, No. 15/2018
Assent Date: 29.5.18 Commencement Date: Ss 42–46 on 1.7.18: Special Gazette (No. 284) 19.6.18 p. 1 Current State: This information relates only to the provision/s amending the Legal Profession Uniform Law Application Act 2014
Legal Profession Uniform Law Application Amendment Act 2019, No. 31/2019
| Assent Date: | 17.9.19 |
| Commencement Date: | Ss 9, 10 on 5.6.19: s. 2(3); ss 5–8 on 1.7.22: Special Gazette (No. 336) 30.6.22 p. 1 |
| Current State: | This information relates only to the provision/s amending the Legal Profession Uniform Law Application Act 2014 |
Workplace Safety Legislation and Other Matters Amendment Act 2022, No. 10/2022
| Assent Date: | 16.3.22 |
| Commencement Date: | Ss 34–45 on 17.3.22: s. 2(2) |
| Current State: | This information relates only to the provision/s amending the Legal Profession Uniform Law Application Act 2014 |
Justice Legislation Amendment Act 2023, No. 26/2023
| Assent Date: | 10.10.23 |
| Commencement Date: | Ss 28–32 on 11.10.23: s. 2(1) |
| Current State: | This information relates only to the provision/s amending the Legal Profession Uniform Law Application Act 2014 |
3 Explanatory details
No entries at date of publication.
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