Legal Profession Uniform Regulations 2015 (NSW)

Part 1Preliminary1Name of Regulations

These Regulations are the Legal Profession Uniform Regulations 2015.

2Commencement

These Regulations commence on the day on which they are published on the NSW legislation website.

3Definition

In these Regulations:

the Law means the Legal Profession Uniform Law.

Part 2Corresponding laws4Definition of “corresponding law”

For the purposes of paragraph (a) (iii) of the definition of corresponding law in section 6 (1) of the Law, the following are declared to be corresponding laws:

• (a)

  the Trust Accounts Act 1973 and the Legal Profession Act 2007 of Queensland,

• (b)

  the Legal Practitioners Act 1981 of South Australia,

• (c)

  the Legal Profession Act 2007 of Tasmania,

• (d)

  the Legal Profession Act 2008 of Western Australia,

• (e)

  the Legal Profession Act 2006 of the Australian Capital Territory,

• (f)

  the Legal Profession Act of the Northern Territory.

Part 3Modification of applied Acts5Modification of applied Acts(1)

The Privacy and Personal Information Protection Act 1998 (the PPIP Act), as applied by section 416 of the Law, is modified as follows:

• (a)

  the Legal Services Council and the Commissioner for Uniform Legal Services Regulation are taken to be public sector agencies,

• (b)

  the PPIP Act applies to the Attorney General of New South Wales as if the Attorney General is the Minister, but only in relation to the application of the PPIP Act to the Legal Services Council or the Commissioner for Uniform Legal Services Regulation,

• (c)

  the Attorney General of New South Wales is taken to be the Minister for the purposes of the preparation and making of a privacy code of practice in relation to the Legal Services Council and the Commissioner for Uniform Legal Services Regulation.

(2)

The Government Information (Public Access) Act 2009 (the GIPA Act), as applied by section 416 of the Law, is modified as follows:

• (a)

  the Legal Services Council and the Commissioner for Uniform Legal Services Regulation are taken to be agencies,

• (b)

  the GIPA Act applies to the Attorney General of New South Wales as if the Attorney General is the Minister responsible for, or administering, the Legal Services Council or the Commissioner for Uniform Legal Services Regulation, but only in relation to the application of the Act to the Council or the Commissioner.

(3)

The State Records Act 1998, as applied by section 416 of the Law, is modified as follows:

• (a)

  the Legal Services Council and the Commissioner for Uniform Legal Services Regulation are taken to be public offices,

• (b)

  the State Records Act 1998 applies to the Attorney General of New South Wales as if the Attorney General is the Minister responsible for the Legal Services Council and the Commissioner for Uniform Legal Services Regulation.

(4)

The Ombudsman Act 1974, as applied by section 416 of the Law, is modified as follows:

• (a)

  the Legal Services Council and the Commissioner for Uniform Legal Services Regulation are taken to be public authorities;

• (b)

  the Ombudsman Act 1974 applies to the Attorney General of New South Wales as if the Attorney General is the responsible Minister in relation to the Legal Services Council and the Commissioner for Uniform Legal Services Regulation.

(5)

A court or the Civil and Administrative Tribunal of New South Wales, in determining any matter arising from the application of an Act that is modified by this clause, is to apply that Act as so modified.