Queensland Law Society (Approval of Indemnity Rule) Order (No. 1) 1993 (Qld)

Queensland Subordinate Legislation 1993 No. 113 Queensland Law Society Act 1952 QUEENSLAND LAW SOCIETY (APPROVAL OF INDEMNITY RULE) ORDER (No. 1) 1993 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Approval of rule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 3 AMENDMENTS OF INDEMNITY RULE 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Amended rule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Replacement of s.3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Amendment of s.9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5 Amendment of s.10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 6 Amendment of s.12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 7 Omission of s.13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 8 Amendment of s.14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 9 Amendment of s.15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 10 Insertion of new ss. 15 and 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

2 Queensland Law Society (Approval of Indemnity No. 113, 1993 Rule) (No. 1) ˙ Short title 1. This order in council may be cited as the Queensland Law Society (Approval of Indemnity Rule) Order (No. 1) 1993 . ˙ Approval of rule 2. The Indemnity Amendment Rule 1993 set out in the Schedule is approved.

3 Queensland Law Society (Approval of Indemnity No. 113, 1993 Rule) (No. 1) ¡ SCHEDULE AMENDMENTS OF INDEMNITY RULE section 2 ˙ Short title 1. This rule may be cited as the Indemnity Amendment Rule 1993 . ˙ Amended rule 2. The Indemnity Rule 1987 is amended as set out in this rule. ˙ Replacement of s.3 3. Section 3— omit, insert— ‘3.(1) A practising practitioner to whom this Rule applies must— (a) at all times be insured under the Master Policy; and (b) pay the premiums, or premium contributions, that the Council determines are payable by the practitioner in each year in relation to the Master Policy and Certificate of Insurance; and (c) comply with the terms of the Master Policy and Certificate of Insurance that apply to the practitioner. ‘(2) If the Council by resolution so determines, a practising practitioner to whom this Rule applies, instead of complying with subsection (1), must— (a) take out and maintain indemnity insurance— (i) with an insurer carrying on insurance business approved by the Council; and (ii) for an amount determined by the Council; and

4 Queensland Law Society (Approval of Indemnity No. 113, 1993 Rule) (No. 1) SCHEDULE (continued) (iii) that is subject to any excess or deductible determined by the Council; or (b) take out and maintain indemnity insurance— (i) on substantially the same terms that are provided for in the Certificate of Insurance; or (ii) on reasonable terms determined by the Council; or (c) comply with subsection (1) and take out and maintain the insurance mentioned in paragraph (a) or (b) of this subsection. ‘(3) In relation to practising practitioners to whom the Master Policy applies, the Council, by resolution, may— (a) create different classes of practitioners; and (b) fix different amounts of premiums or premium contributions payable by the different classes. ‘(4) A matter determined by the Council under subsection (1)(b) or (2)(a) or (b) must be reasonable. ‘(5) In this section— “indemnity insurance” means insurance providing for indemnity against loss arising from a claim in relation to civil liability. ’. ˙ Amendment of s.9 4. Section 9 (at the end)— insert— ‘ (d) fix a reasonable rate of interest payable by a practitioner in relation to— (i) an amount of levy unpaid under section 7; or (ii) an amount of levy for the practitioner’s deductibles unpaid under this section. ‘(2) The Council may, by written notice given to a practitioner, require the practitioner to pay interest calculated in accordance with subsection (1)(d) at the time determined by it.

5 Queensland Law Society (Approval of Indemnity No. 113, 1993 Rule) (No. 1) SCHEDULE (continued) ‘(3) The interest is payable as if it were a levy payable by the practitioner under section 7. ’. ˙ Amendment of s.10 5.(1) Section 10(3)(a)— omit, insert— ‘ (a) in certifying for payment under section 8(vi)(b), disclose to the Society information that the Society reasonably requires to determine, process and pay a claim or an account relating to a claim; and ’. (2) Section 10(3)(d) (after ‘ Insurance ’ )— insert ‘ is invoked or ’. ˙ Amendment of s.12 6.(1) Section 12(1)— omit ‘ such inspection to ’, insert ‘ the inspection to the Council and ’. (2) Section 12(4) (after ‘ report to ’ )— insert ‘ the Council and ’. ˙ Omission of s.13 7. Section 13— omit. ˙ Amendment of s.14 8.(1) Section 14— renumber as section 13. (2) Section 13(1) (as renumbered)— omit ‘ Claims Committee ’, insert ‘ supervising practitioner ’.

6 Queensland Law Society (Approval of Indemnity No. 113, 1993 Rule) (No. 1) SCHEDULE (continued) ˙ Amendment of s.15 9.(1) Section 15— renumber as section 14. (2) Section 14 (as renumbered)— omit ‘ pursuant to rules 12 and 13 of these Rules ’, insert ‘ under section 12 ’. ˙ Insertion of new ss. 15 and 16 10. After section 14 (as renumbered)— insert— ‘15.(1) Indemnity may be provided in relation to a claim against a practitioner or firm insured under this Rule (whether or not a claim for indemnity is made or maintained by the practitioner or firm) if the Claims Committee is of the opinion that— (a) the claim against the practitioner or firm relates to civil liability incurred in relation to the practice; and (b) the claim is not excluded by the Master Policy or Certificate of Insurance; and (c) the practitioner or a practitioner of the firm has contravened a Council ruling that requires the practitioner to make or maintain a claim for indemnity. ‘(2) If indemnity is provided, the practitioner or firm must pay on demand the practitioner deductible and any other levy that the practitioner or firm would have been obliged to pay if the practitioner or firm had made or maintained a claim for indemnity. ‘16. A practising practitioner required to be insured under this Rule must give to the Council any information the Council reasonably requires for the administration of the Rule or exercise of a discretion under the Rule. ’.

7 Queensland Law Society (Approval of Indemnity No. 113, 1993 Rule) (No. 1) ENDNOTES 1. Made by the Governor in Council on 15 April 1993. 2. The amendments approved in this order were made by the Council of the Queensland Law Society Incorporated on 6 April 1993. 3. Published in the Gazette on 16 April 1993. 4. Laid before the Legislative Assembly on . . . 5. The administering agency is the Department of Justice and Attorney-General. The State of Queensland 1993