Div 6AProvisions relating to interstate legal practice

Division 6A—Provisions relating to interstate legal practice 90AA—Conduct of local legal practitioners outside State The provisions of this Part extend in their operation to conduct by a local legal practitioner in a participating State or elsewhere outside this State. 90AB—Conduct not to be the subject of separate proceedings If conduct by a legal practitioner has been the subject of disciplinary proceedings in a participating State that have been finally determined, no proceedings are to be commenced or continued under this Part in relation to that conduct (other than proceedings authorised under section 89(6)). 90AC—Referral or request for investigation of matter to regulatory authority in participating State (1) If it considers it appropriate to do so, a regulatory authority in this State may refer a complaint made to it in relation to a local legal practitioner or an interstate legal practitioner to a regulatory authority in a participating State, to be dealt with according to the law of that State. (2) If it considers it appropriate to do so, a regulatory authority in this State may request a regulatory authority in a participating State to investigate the conduct of a local legal practitioner or an interstate legal practitioner (whether or not the subject of a complaint), in accordance with the law of that State. (3) After a referral under subsection (1) has been made, no further action (other than action required to comply with section 90AE) may be taken by any regulatory authority in this State in relation to the subject-matter of the referral. 90AD—Dealing with matter following referral or request by regulatory authority in participating State If a regulatory authority in a participating State— (a) refers a complaint against a local legal practitioner or an interstate legal practitioner to a regulatory authority in this State; or (b) requests a regulatory authority in this State to investigate the conduct of a local legal practitioner or an interstate legal practitioner, the conduct of the practitioner may be investigated by the regulatory authority in this State and, following such investigation, a charge may be laid and disciplinary proceedings may be brought against the practitioner, whether or not the conduct investigated allegedly occurred in or outside this State. 90AE—Furnishing information (1) A regulatory authority in this State must furnish without delay any information about a local legal practitioner or interstate legal practitioner reasonably required by a regulatory authority in a participating State in connection with actual or possible disciplinary action against the practitioner. (2) A regulatory authority may provide the information despite any law relating to secrecy or confidentiality. (3) Nothing in this section affects any obligation or power to provide information apart from this section. 90AF—Local legal practitioners are subject to interstate regulatory authorities (1) A local legal practitioner practising in this State must comply with any condition in respect of his or her legal practice imposed by a regulatory authority in a participating State as a result of disciplinary action against the practitioner. (2) A contravention of or non-compliance with this section is professional misconduct. (3) A regulatory authority in a participating State that has the appropriate jurisdiction under the corresponding law of that State may suspend, cancel, vary the conditions of, or impose conditions or further conditions on, a local legal practitioner's practising certificate as a result of disciplinary action against the practitioner in that State, or may make an order for such suspension, cancellation, variation or imposition. (4) A regulatory authority in this State must comply with an order of a regulatory authority in a participating State under subsection (3). (5) A regulatory authority in a participating State that has jurisdiction to order the removal of the name of a person from the roll kept in that State that corresponds to the roll of practitioners in the Supreme Court in this State may order that the name of the local legal practitioner be removed from the roll in this State. (6) If an order is made in relation to a local legal practitioner under subsection (5), the Supreme Court will remove the local legal practitioner's name from the roll in this State. Division 7—Annual reports 90A—Annual reports (1) The Commissioner and the Tribunal must each, on or before 31 October in each year, prepare and present to the Attorney-General and the Chief Justice a report on their proceedings for the last financial year. (2) A report must contain— (a) a statement of the nature of the matters subject to investigation or inquiry; and (b) information as to case management, and the number of uncompleted matters outstanding at the end of the financial year; and (c) such other information as the Attorney-General may require. (3) The Attorney-General must, within 12 sitting days after receiving a report from the Commissioner or the Tribunal under this section, cause copies of the report to be laid before both Houses of Parliament. Division 8—Professional mentoring agreements 90B—Professional mentoring agreements (1) The Society or the Commissioner may enter into an agreement with a legal practitioner (a professional mentoring agreement) for the appointment of a professional mentor for the practitioner. (2) A person is not eligible for appointment as a professional mentor for a legal practitioner unless he or she is a legal practitioner of at least 5 years standing (taking into account, for that purpose, periods of legal practice and judicial service within and outside the State). (3) A professional mentor appointed for a legal practitioner— (a) is to provide guidance to the practitioner in relation to the conduct of the practitioner's practice and the meeting of his or her professional obligations; and (b) has, in relation to the practitioner and the practitioner's practice, for the period of the appointment, the duties, obligations and powers prescribed in the regulations; and (c) must report on the practitioner and the practitioner's practice as required by the regulations to the Society and, if the professional mentor was appointed under an agreement entered into with the Commissioner, the Commissioner. (4) A professional mentoring agreement— (a) must be in writing; and (b) must state the term for which the professional mentor has been appointed; and (c) must comply with any requirements prescribed by the regulations. (5) The initial term of appointment of a professional mentor for a legal practitioner may not exceed 6 months but the professional mentor may, at the end of the initial term of appointment, be appointed for a further term not exceeding 6 months. (6) A professional mentor for a legal practitioner is to be remunerated by the legal practitioner or the relevant law practice in accordance with the method prescribed by the regulations. (7) Any charge for which a legal practitioner or law practice is liable in accordance with the regulations is recoverable from the practitioner or law practice as a debt due to the professional mentor. (8) The regulations may make further provision for the recovery of charges owing to professional mentors. (9) If the Commissioner enters into a professional mentoring agreement with a legal practitioner, the Commissioner must provide the Society with a copy of the agreement. (10) A legal practitioner who has entered into a professional mentoring agreement may, for any proper purpose, disclose a matter to the professional mentor and such disclosure will be taken not to affect the operation of client legal privilege (or other legal professional privilege).