Untitled document

Legal Profession Uniform Law Application Amendment Act 2016

No. 60 of 2016

table of provisions

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

3Principal Act

Part 2—Legal Profession Uniform Law Application Act 2014 amended

4Part 10 renumbered as Part 9A and new Division 1 heading inserted

5New Division 2 inserted in Part 9A and new Part 10 heading inserted

Part 3—Legal Profession Uniform Law amended

6Legal Profession Uniform Law

7Form of practice

8Grounds for action under this Division

9Duty to report suspected offences

10Annual reports—Council

11Annual reports—Commissioner

Part 4—Repeal of amending Act

12Repeal of amending Act

═══════════════

Endnotes

1      General information

Legal Profession Uniform Law Application Amendment Act 2016

No. 60 of 2016

[Assented to 2 November 2016]

The Parliament of Victoria enacts:

Part 1—Preliminary

1Purposes

The purposes of this Act are—

(a)to amend the Legal Profession Uniform Law Application Act 2014 to establish a register of disciplinary action; and

(b)to amend the Legal Profession Uniform Law in relation to—

(i)partnerships of Australian-registered foreign lawyers; and

(ii)grounds for variation of Australian practising certificates and Australian registration certificates; and

(iii)duties to report suspected offences; and

(iv)financial reporting obligations of the Commissioner for Uniform Legal Services Regulation and the Legal Services Council.

2Commencement

This Act comes into operation on the day after the day on which it receives the Royal Assent.

3Principal Act

In this Act, the Legal Profession Uniform Law Application Act 2014 is called the Principal Act.

Part 2—Legal Profession Uniform Law Application Act 2014 amended

4Part 10 renumbered as Part 9A and new Division 1 heading inserted

For the heading to Part 10 of the Principal Act substitute—

"Part 9A—Registers

Division 1—Victorian legal profession register".

5New Division 2 inserted in Part 9A and new Part 10 heading inserted

After section 150 of the Principal Act insert—

"Division 2—Register of disciplinary action

150ADefinitions

In this Division—

disciplinary action means any of the following actions taken in respect of a lawyer for or following a finding by a court or tribunal or a local regulatory authority of unsatisfactory professional conduct or professional misconduct—

(a)the suspension, variation or cancellation of the lawyer's Australian practising certificate or Australian registration certificate;

(b)the refusal to grant or renew the lawyer's Australian practising certificate or Australian registration certificate;

(c)the removal of the lawyer's name from a Supreme Court roll;

(d)the making of an order under Part 5.4 of the Legal Profession Uniform Law (Victoria), other than an order—

(i)cautioning the lawyer; or

(ii)that is a recommendation as to action that should be taken against the lawyer;

(e)the appointment of a manager

or a receiver for a law practice in respect of the lawyer's conduct;

lawyer has the same meaning as it has in Chapter 5 of the Legal Profession Uniform Law (Victoria);

the register means the register kept under section 150B.

150BKeeping of the register

The Victorian Legal Services Board must keep a register of the following—

(a)disciplinary action taken under the Legal Profession Uniform Law (Victoria);

(b)action corresponding to disciplinary action taken under a corresponding law against a lawyer who is or was admitted or practising in Victoria when the conduct that is the subject of that action occurred;

(c)any disciplinary action, within the meaning of Division 6 of Part 4.4 of the Legal Profession Act 2004 as in force immediately before its repeal, taken against a lawyer under that Act.

150CInformation recorded in the register

(1)The register must include the following—

(a)the full name of the lawyer against whom the action referred to in section 150B is taken;

(b)the lawyer's address for service;

(c)the lawyer's home jurisdiction or most recent home jurisdiction;

(d)particulars of the action referred to in section 150B;

(e)any other prescribed particulars;

(f)any particulars required by the Uniform Rules.

(2)The register must include the information required by subsection (1) for—

(a)a period of 5 years after the action is taken; or

(b)if the action has effect for a period exceeding 5 years, the period for which the action has effect.

150DPublication of the register

(1)The register may be kept in any way the Victorian Legal Services Board decides.

(2)The register must be made available for public inspection on—

(a)the Internet site of the Victorian Legal Services Board; or

(b)an Internet site identified on the Internet site of the Victorian Legal Services Board.

(3)Information recorded in the register may be provided to a member of the public in any other manner approved by the Victorian Legal Services Board.

150EDisciplinary action not to be recorded in the register pending rehearing or appeal

Information about an action referred to in section 150B must not be recorded in the register or provided to a member of the public by the Victorian Legal Services Board until the later of the following—

(a)the expiry of the period during which a lawyer may appeal against the action;

(b)the expiry of the period during which a lawyer may seek review of the action;

(c)the determination of an appeal against or review of the action;

(d)the determination of an internal review of the action by a local regulatory authority or corresponding authority.

150FLawyer with injury or illness

(1)If an action referred to in section 150B is taken against a lawyer who has an injury or mental or physical illness at the time that action is taken, the following may apply to VCAT for an order that the action is not to be recorded in the register—

(a)the lawyer;

(b)a legal practitioner representing the lawyer;

(c)the Victorian Legal Services Board;

(d)the Victorian Commissioner.

(2)On an application under subsection (1), VCAT may order that the action taken is not to be recorded in the register if VCAT is satisfied the lawyer had an injury or mental or physical illness at the time the action was taken.

150GEffect of non-disclosure orders

(1)This Division is subject to any order made by any of the following insofar as that order prohibits or restricts disclosure of information—

(a)a designated tribunal for the purpose of Division 3 of Part 5.4 of the Legal Profession Uniform Law (Victoria);

(b)a corresponding authority in relation to action corresponding to disciplinary action taken under a corresponding law;

(c)a court or tribunal of Victoria or another jurisdiction.

(2)Despite subsection (1), the following information must be recorded in accordance with this Division in respect of a lawyer to whom an order referred to in that subsection applies—

(a)the name and other identifying particulars of that lawyer;

(b)the kind of action taken against the lawyer.

(3)This Division does not limit the operation of section 462 of the Legal Profession Uniform Law (Victoria).

Part 10—General".

Part 3—Legal Profession Uniform Law amended

6Legal Profession Uniform Law

In this Part, Uniform Law means the Legal Profession Uniform Law set out in Schedule 1 to the Principal Act.

7Form of practice

After section 70(1)(b) of the Uniform Law insert—

"(ba)in a partnership with one or more Australian-registered foreign lawyers in circumstances where, if the Australian-registered foreign lawyer were an Australian legal practitioner, the partnership would be permitted under a law of this jurisdiction; or".

8Grounds for action under this Division

In section 82(1)(c) of the Uniform Law, after "278" insert ", 299(1)(g)".

9Duty to report suspected offences

In section 465(4) of the Uniform Law—

(a)in paragraph (d), for "authority; or" substitute "authority.";

(b)paragraph (e) is repealed.

10Annual reports—Council

After clause 26(4) of Schedule 1 to the Uniform Law insert—

"(4A)The financial statement may be combined with the financial statement required by clause 10 of Schedule 2.".

11Annual reports—Commissioner

After clause 10(4) of Schedule 2 to the Uniform Law insert—

"(4A)The financial statement may be combined with the financial statement required by clause 26 of Schedule 1.".

Part 4—Repeal of amending Act

12Repeal of amending Act

This Act is repealed on the first anniversary of its commencement.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

═══════════════

Endnotes

1   General information

See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 8 June 2016

Legislative Council: 1 September 2016

The long title for the Bill for this Act was "A Bill for an Act to amend the Legal Profession Uniform Law Application Act 2014 and the Legal Profession Uniform Law and for other purposes."