Queensland Law Society (Indemnity) Amendment Rule (No. 1) 2001 (Qld)

Queensland Subordinate Legislation 2001 No. 84 Queensland Law Society Act 1952 QUEENSLAND LAW SOCIETY (INDEMNITY) AMENDMENT RULE (No. 1) 2001 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Insertion of new ss 17 and 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 17 Additional notice requirement for claims . . . . . . . . . . . . . . . . . . . . . 2 18 Transitional provision for Queensland Law Society (Indemnity) Amendment Rule (No. 1) 2001 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

s1 2 s3 Queensland Law Society (Indemnity) Amendment Rule No. 84, 2001 (No. 1) 2001 1 Short title This rule may be cited as the Queensland Law Society (Indemnity) Amendment Rule (No. 1) 2001 . 2 Regulation amended This rule amends the Queensland Law Society (Indemnity) Rule 1987. 3 Insertion of new ss 17 and 18 After section 16— insert— ‘17 Additional notice requirement for claims ‘ (1) This section applies to a practitioner to whom this rule applies and to whom a certificate of insurance is issued. ‘ (2) The practitioner must give notice in writing under the certificate of insurance to the insurer under the certificate immediately either of the following happens— (a) a claim is made against the practitioner; (b) the practitioner becomes aware of any circumstances that— (i) may give rise to a claim against the practitioner; or (ii) are reasonable grounds for suspecting a claim may be made against the practitioner. 1 ‘ (3) This section does not limit section 3(1)(c). 2 ‘ (4) In this section— “claim” means a claim, of civil liability, mentioned in the Act, section 5A(1)(ha). “circumstances” means circumstances arising— 1 Note the Act, section 5A(7)— ‘If any practising practitioner fails in any respect to comply with the indemnity rules, the practising practitioner shall be liable to be dealt with for professional misconduct …’. 2 Section 3 (Practising practitioners to be insured)

s3 3 s3 Queensland Law Society (Indemnity) Amendment Rule No. 84, 2001 (No. 1) 2001 (a) at any time before the commencement; or (b) after the commencement. “commencement” means commencement of this section. ‘18 Transitional provision for Queensland Law Society (Indemnity) Amendment Rule (No. 1) 2001 ‘ (1) This section applies to a practitioner to whom this rule applies and to whom a certificate of insurance is issued. ‘ (2) The practitioner must give a notice required by this section immediately on the commencement. ‘ (3) The practitioner must give notice in writing under the certificate of insurance to the insurer under the certificate if either of the following happened on or after 1 July 1996 and before the commencement, and were not notified to the insurer before the commencement— (a) a claim was made against the practitioner; (b) the practitioner became aware of any circumstances that— (i) gave rise or may have given rise to a claim against the practitioner; or (ii) were reasonable grounds for suspecting a claim might be made against the practitioner. ‘ (4) This section does not limit section 3(1)(c). ‘ (5) In this section— “claim” means a claim, of civil liability, mentioned in the Act, section 5A(1)(ha). “circumstances” means circumstances arising at any time before the commencement. “commencement” means commencement of this section.’.

4 Queensland Law Society (Indemnity) Amendment Rule No. 84, 2001 (No. 1) 2001 ENDNOTES 1. Made by the Council of the Queensland Law Society Incorporated on 21 June 2001. 2. Approved by Governor in Council on 21 June 2001. 3. Notified in the gazette on 22 June 2001. 4. Laid before the Legislative Assembly on . . . 5. The administering agency is the Department of Justice and Attorney-General. © State of Queensland 2001