Untitled document

Legal Practice (Amendment) Act 1999

Act No. 52/1999

TABLE OF PROVISIONS

Section Page

1.	Purpose	1
2.	Commencement	1
3.	Principal Act	2
4.	Other proceedings not stayed if dispute is dismissed	2
5.	New section 136A inserted	2
136A. More appropriate forum	2
6.	Penalties for misconduct	2
7.	Cost of transcript in appeals	3
8.	Transitional provision	3
9.	Statute law revision—Legal Practice Act 1996	3
10.	Statute law revision—Leo Cussen Institute Act 1972	4

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NOTES 5

i

Victoria

No. 52 of 1999

Legal Practice (Amendment) Act 1999†

[Assented to 7 December 1999]

The Parliament of Victoria enacts as follows:

1. Purpose

The main purpose of this Act is to amend the Legal Practice Act 1996 with respect to the powers of the Legal Profession Tribunal.

2. Commencement

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

Legal Practice (Amendment) Act 1999

Act No. 52/1999 s. 3

3. Principal Act No. 35/1996. Reprint No. 2

In this Act, the Legal Practice Act 1996 is called	as at
the Principal Act.	15 August
1999.

4. Other proceedings not stayed if dispute is dismissed

In section 124(1) of the Principal Act after

"determined" insert "or dismissed".

5. New section 136A inserted

After section 136 of the Principal Act insert—

"136A. More appropriate forum

(1) At any time, the Tribunal constituted by the

registrar or a deputy registrar or the Full considers that the subject-matter of the dispute would be more appropriately dealt with by a court.

(2) A dispute may be dismissed on the

application of a party or on the Tribunal's

own initiative.

(3) If the Tribunal dismisses a dispute, it may

refer the matter to the relevant court if it

considers it appropriate to do so.".

6. Penalties for misconduct

In section 160 of the Principal Act—

(a) in sub-section (1)(c)—

(i) for sub-paragraph (iv) substitute— "(iv) refer the practitioner to the

Supreme Court with or without a
recommendation that the
practitioner's name be struck off
the roll of practitioners;";

Legal Practice (Amendment) Act 1999

s. 7 Act No. 52/1999

(ii) after sub-paragraph (vi) insert—

"(vii) specify a period during which the

practitioner may not apply for a
practising certificate or for a
practising certificate with

particular conditions;";

(b) sub-section (2) is repealed.

7. Cost of transcript in appeals

In section 169A(1) of the Principal Act after
"appeal" (where secondly occurring) insert
", including the cost of obtaining a transcript of

the hearing before the Tribunal at first instance".

8. Transitional provision

After clause 23 in Schedule 2 to the Principal Act insert—

"23A. Application of Tribunal's new powers to existing

disputes and prior conduct

(1) Section 169A as amended by section 7 of the Legal Practice (Amendment) Act 1999 and section 136A apply in respect of disputes referred to the Tribunal after the commencement of that Act.

(2) Section 160 as amended by section 6 of the Legal

Practice (Amendment) Act 1999 applies in respect of charges brought in the Tribunal after the commencement of that Act.".

9. Statute law revision—Legal Practice Act 1996

In the Principal Act—

(a)	in section 3(1), in the definition of "trust money", for "a interstate practitioner" (where twice occurring) substitute "an interstate practitioner";
(b)	in section 82(3) for "Ombudsmen" substitute "Ombudsman";

Legal Practice (Amendment) Act 1999

Act No. 52/1999 s. 10

(c)	in section 321(4) for "section (3)" substitute "sub-section (3)";
(d)	in section 375(1) for "into Public Purpose Fund" substitute "into the Public Purpose Fund";
(e)	in section 418(1)(b) for "consents" substitute "consent".

No.

10. Statute law revision—Leo Cussen Institute Act 1972 8254/1972.

In section 11(4) of the Leo Cussen Institute Act	Reprint No. 1
as at 3 April
1972 for "Legal Profession Practice Act 1958"	1997.
substitute "Legal Practice Act 1996".

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Legal Practice (Amendment) Act 1999

Notes Act No. 52/1999

NOTES

†

Minister's second reading speech—

Legislative Assembly: 11 November 1999

Legislative Council: 30 November 1999

The long title for the Bill for this Act was "to amend the Legal Practice
Act 1996 with respect to the powers of the Legal Profession Tribunal and
for other purposes."