Legal Profession Act 2006

1 Name of Act This Act is the Legal Profession Act 2006.

3 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere. For example, the signpost definition ‘conditional costs agreement, for part 3.2 (Costs disclosure and review)—see section 261.’ means that the term ‘conditional costs agreement’ is defined in that section for part 3.2. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

4 Notes A note included in this Act is explanatory and is not part of this Act. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Preliminary—ch 1 Part 1.1

5 Offences against Act—application of Criminal Code etc Other legislation applies in relation to offences against this Act. Note 1 Criminal Code The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

6 Purposes of Act The purposes of this Act are as follows: (a) to provide for the regulation of legal practice in the ACT in the interests of the administration of justice and for the protection of consumers of the services of the legal profession and the public generally; (b) to facilitate the regulation of legal practice on a national basis across State and Territory borders.

7 Terms relating to lawyers Australian lawyer means a person who is admitted to the legal profession under this Act or a corresponding law. interstate lawyer means a person who is admitted to the legal profession under a corresponding law, but not under this Act. local lawyer means a person who is admitted to the legal profession under this Act (whether or not the person is also admitted under a corresponding law).

8 Terms relating to legal practitioners Australian legal practitioner means an Australian lawyer who holds a local practising certificate or interstate practising certificate. interstate legal practitioner means an Australian lawyer who holds an interstate practising certificate, but not a local practising local legal practitioner means an Australian lawyer who holds a local

9 Terms relating to associates and principals of law associate, of a law practice, means— (a) an Australian legal practitioner who is— (i) for a law practice constituted by a sole practitioner—the sole practitioner; or

(ii) for a law practice that is a law firm—a partner in the law (iii) for a law practice that is an incorporated legal practice—a legal practitioner director in the practice; or (iv) for a multidisciplinary partnership—a legal practitioner partner in the practice; or (v) an employee of, or consultant to, the law practice; or (b) an agent of the law practice who is not an Australian legal (c) an employee of, or a person paid in connection with, the law practice who is not an Australian legal practitioner; or (d) an Australian-registered foreign lawyer who is a partner in the law practice; or (e) a person (other than an Australian legal practitioner) who is a partner in a multi-disciplinary partnership; or (f) a person (other than an Australian legal practitioner) who shares the receipts, revenue or other income arising from the legal (g) an Australian-registered foreign lawyer who has a relationship with the law practice of a kind prescribed by regulation. lay associate, of a law practice or a local legal practitioner, means an associate of the practice or legal practitioner who is not an Australian legal practitioner. legal practitioner associate, of a law practice, means an associate of the practice who is an Australian legal practitioner. principal, of a law practice, means an Australian legal practitioner (a) for a law practice constituted by a sole practitioner—the sole

(b) for a law practice that is a law firm—a partner in the law (c) for a law practice that is an incorporated legal practice—a legal practitioner director in the practice; or (d) for a multidisciplinary partnership—a legal practitioner partner in the practice.

10 What is the home jurisdiction? (1) This section has effect for this Act. (2) The home jurisdiction of an Australian legal practitioner is the jurisdiction in which the practitioner’s only or most recent Australian practising certificate was granted. (3) The home jurisdiction of an Australian-registered foreign lawyer is the jurisdiction in which the lawyer’s only or most recent registration was granted. (4) The home jurisdiction of an associate of a law practice who is neither an Australian legal practitioner nor an Australian-registered foreign lawyer is— (a) if only 1 jurisdiction is the home jurisdiction of the only associate of the practice who is an Australian legal practitioner or for all the associates of the practice who are Australian legal practitioners—that jurisdiction; or (b) if no 1 jurisdiction is the home jurisdiction of all the associates of the practice who are Australian legal practitioners— (i) the jurisdiction in which the office is situated where the associate performs most of the associate’s duties for the law practice; or

(ii) if a jurisdiction cannot be decided under subparagraph (i)—the jurisdiction in which the associate is enrolled under a law of the jurisdiction to vote at elections for the jurisdiction; or (iii) if a jurisdiction can be decided under neither subparagraph (i) nor subparagraph (ii)—the jurisdiction decided in accordance with criteria prescribed by

11 Suitability matters (1) Each of the following is a suitability matter for an individual: (a) whether the person is currently of good fame and character; (b) whether the person is or has been an insolvent under administration; (c) whether the person is, or was, a legal practitioner director of an incorporated legal practice while the practice is or was a

Chapter 5 body corporate; (d) whether the person has been convicted of an offence in Australia or a foreign country, and if so— (i) the nature of the offence; and (ii) how long ago the offence was committed; and (iii) the person’s age when the offence was committed; Note 1 The admission rules may make provision for the convictions that must be disclosed by an applicant and those that need not be disclosed. Note 2 Section 13 (References to conviction and quashing of conviction) provides that reference to a conviction includes a finding of guilt, or the acceptance of a guilty plea, whether or not a conviction is recorded.

(e) whether the person engaged in legal practice in Australia— (i) when not admitted, or not holding a practising certificate, as required under this Act or a previous territory law that corresponds to this Act or under a corresponding law; or (ii) if the person was admitted—in contravention of a condition of admission; or (iii) if the person held an Australian practising certificate— in contravention of a condition of the certificate or while the certificate was suspended; (f) whether the person has practised law in a foreign country— (i) when not permitted under a law of that country to do so; or (ii) if permitted to do so, in contravention of a condition of the permission; (g) whether the person is currently subject to an unresolved complaint, investigation, charge or order under any of the (i) this Act or a previous territory law that corresponds to this Act; (ii) a corresponding law or corresponding foreign law; (h) whether the person— (i) is the subject of current disciplinary action, however expressed, in another profession or occupation in Australia or a foreign country; or (ii) has been the subject of disciplinary action, however expressed, relating to another profession or occupation that involved a finding of guilt;

(i) whether the person’s name has been removed from— (i) a local roll, and has not since been restored to or entered on a local roll; or (ii) an interstate roll, and has not since been restored to or entered on an interstate roll; or (iii) a foreign roll; (j) whether the person’s right to engage in legal practice has been suspended or cancelled in Australia or a foreign country; (k) whether the person has contravened, in Australia or a foreign country, a law about trust money or trust accounts; (l) whether, under this Act, a law of the Commonwealth or a corresponding law, a supervisor, manager or receiver, however described, is or has been appointed in relation to any legal practice engaged in by the person; (m) whether the person is or has been subject to an order, under this Act, a law of the Commonwealth or a corresponding law, disqualifying the person from being employed by, or a partner of, an Australian legal practitioner or from managing a corporation that is an incorporated legal practice; (n) whether the person currently is unable to satisfactorily carry out the inherent requirements of practice as an Australian legal (2) A matter is a suitability matter even if it happened before the commencement of this section.

12 Information notices For this Act, an information notice is a written notice to a person about a decision stating— (a) the decision; and

(b) the reasons for the decision; and (c) the rights of appeal or review available to the person in relation to the decision and the period within which an appeal or review must be made or applied for.

13 References to conviction and quashing of conviction (1) A reference in this Act to a conviction includes a reference to a finding of guilt, or the acceptance of a guilty plea, whether or not a conviction is recorded. Note Found guilty is defined in the Legislation Act, dict. (2) Without limiting subsection (1), a reference in this Act to the quashing of a conviction for an offence includes a reference to the quashing of— (a) a finding of guilt in relation to the offence; or (b) the acceptance of a guilty plea in relation to the offence. (3) However, a reference in this Act to the quashing of a conviction for an offence does not include a reference to the quashing of a conviction if— (a) a finding of guilt in relation to the offence remains unaffected; or (b) the acceptance of a guilty plea in relation to the offence remains unaffected.

Preliminary—ch 2 Part 2.1

Chapter 2 General requirements for engaging in legal practice

14 Simplified outline—ch 2 (1) This chapter sets out general requirements for engaging in legal practice in the ACT. (2) The following is a general outline of the contents of this chapter: (a) part 2.2 provides for the reservation of legal work and legal titles to properly qualified entities; (b) part 2.3 sets out the qualifications and procedure for admission to legal practice in the ACT; (c) part 2.4 provides for the grant, renewal, amendment, suspension and cancellation of practising certificates in the ACT and sets out the entitlements of holders of interstate practising certificates to engage in legal practice in the ACT; (d) part 2.5 provides a scheme for notification of and response to action taken by courts and other authorities in the ACT and other jurisdictions regarding admission to the legal profession and the right to engage in legal practice; (e) part 2.6 regulates the provision of legal services in the ACT by corporations and by partnerships that provide legal services and nonlegal services;

(f) part 2.7 regulates the practice of the law of a foreign country in the ACT; (g) part 2.8 regulates the provision of legal services in the ACT by community legal centres. (3) Subsection (2) is intended only as a guide to the general scheme of

Part 2.2 Reservation of legal work and legal titles

15 Purposes—pt 2.2 (a) to protect the public interest in the proper administration of justice by ensuring that legal work is carried out only by people who are properly qualified to do so; (b) to protect consumers by ensuring that people carrying out legal work are entitled to do so.

16 Prohibition on engaging in legal practice if not entitled (a) the person engages in legal practice in the ACT; and (b) the person is not an Australian legal practitioner. Examples of engaging in legal practice 1 preparing a will or other testamentary instrument 2 preparing an instrument creating or regulating rights between people 3 preparing an instrument relating to property or a legal proceeding 4 acting as advocate for someone in a proceeding before a court or tribunal 5 preparing papers to be used in support of, or opposition to, an application for the grant of probate or letters of administration (2) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that the defendant did not engage in the legal practice for fee, gain or reward.

(3) Subsection (1) does not apply to engaging in legal practice of the following kinds: (a) legal practice engaged in under a territory law or a law of the Commonwealth; (b) legal practice engaged in by an incorporated legal practice in accordance with part 2.6 (Incorporated legal practices and multidisciplinary partnerships); (c) the practice of foreign law by an Australian-registered foreign lawyer in accordance with part 2.7 (Legal practice—foreign lawyers); (d) legal practice engaged in by a complying community legal centre; Note For the meaning of complying community legal centre, see s 208. (e) legal practice prescribed by regulation. (4) Subsection (1) also does not apply to— (a) an employee providing legal services to their employer or a related entity if the employee— (i) acts in the ordinary course of their employment; and (ii) receives no fee, gain or reward for acting other than their ordinary remuneration as an employee; or (b) an agent or assistant property agent under the Agents Act 2003 inserting details mentioned in that Act, section 89B (1) (a) or (b) into a proposed contract to which that subsection applies; or (c) a public employee, a member of the Australian Public Service or a member of the defence force preparing an instrument, or carrying out any other activity, in the course of their duties; or (d) an employee of a trustee company under the Trustee Companies Act 1947 preparing a will, or carrying out any other activity, in the course of their duties; or

(e) a person declared exempt from subsection (1) under a (5) Subsection (1) has effect subject to any territory law or law of the Commonwealth that authorises a person to engage in conduct that is engaging in legal practice. (6) A person is not entitled to recover any amount in relation to anything the person did in contravention of subsection (1). (7) A person may recover from someone else, as a debt owing to the person, any amount the person paid to the other person in relation to anything the other person did in contravention of subsection (1). (8) A regulation may make provision in relation to the application (with or without change) of provisions of this Act to people engaged in legal practice of a kind mentioned in subsection (3) (other than paragraphs (a) and (b)) or people mentioned in subsection (4). (9) In this section:

17 Prohibition on representing or advertising entitlement to engage in legal practice if not entitled (a) the person represents or advertises that the person is entitled to engage in legal practice; and (b) the person is not an Australian legal practitioner. (a) the person is a director, officer, employee or agent of a corporation; and

(b) the person represents or advertises that the corporation is entitled to engage in legal practice; and (c) the corporation is not an incorporated legal practice. (3) Subsections (1) and (2) do not apply to a representation or advertisement about being entitled to engage in legal practice of a kind mentioned in section 16 (3) (Prohibition on engaging in legal practice if not entitled). (4) A reference in this section to— (a) a person representing or advertising that the person is entitled to engage in legal practice; or (b) a person representing or advertising that a corporation is entitled to engage in legal practice; includes a reference to the person doing anything that states or implies that the person or the corporation is entitled to engage in legal

18 Presumptions about taking or using certain names, titles or descriptions (1) This section applies to the following names, titles and descriptions: • lawyer • legal practitioner • barrister or counsel • solicitor or attorney • Queen’s Counsel, King’s Counsel, Her Majesty’s Counsel, His Majesty’s Counsel or Senior Counsel. (2) A regulation may prescribe the kind of people who are entitled, and the circumstances in which they are entitled, to take or use a name, title or description to which this section applies.

(3) For section 17 (1) (Prohibition on representing or advertising entitlement to engage in legal practice if not entitled), the taking or using of a name, title or description to which this section applies by someone who is not entitled to take or use it, or in circumstances in which someone is not entitled to take or use it, gives rise to a rebuttable presumption that the person represented that the person is entitled to engage in legal practice.

19 Contravention of pt 2.2 by Australian lawyers who are not (1) A contravention of this part by an Australian lawyer who is not an Australian legal practitioner can be unsatisfactory professional (2) This part does not affect any liability that a person who is an Australian lawyer but not an Australian legal practitioner may have under chapter 4 (Complaints and discipline), and the person may be punished for an offence against this part as well as being dealt with under chapter 4 in relation to the same matter.

20 Purposes—pt 2.3 (a) in the interests of the administration of justice and for the protection of consumers of legal services, to provide a system under which only applicants who have appropriate academic qualifications and practical legal training and who are otherwise fit and proper people to be admitted are qualified for admission to the legal profession in the ACT; (b) to provide for the recognition of equivalent qualifications and training that make applicants eligible for admission to the legal profession in other jurisdictions.

Division 2.3.2 Eligibility and suitability for admission

21 Eligibility for admission (1) A person is eligible for admission to the legal profession under this Act only if the person is an individual aged 18 years or over and— (a) the person has attained— (i) approved academic qualifications; or (ii) corresponding academic qualifications; and (b) the person has satisfactorily completed— (i) approved practical legal training requirements; or (ii) corresponding practical legal training requirements.

Eligibility and suitability for admission Division 2.3.2 (2) The admission rules must not require a person to satisfactorily complete before admission a period of supervised training that exceeds in length a period or periods equivalent to 1 full-time year (as decided in accordance with the admission rules). (3) The Supreme Court may exempt a person from the requirements of subsection (1) (a) or (b) if satisfied that the person has, to an extent sufficient to be eligible for admission— (a) academic qualifications; or (b) relevant experience in legal practice or relevant service with a government agency. (4) An exemption under subsection (3) may be made subject to a condition that the person is to obtain further qualifications or training. approved academic qualifications means academic qualifications that are approved, under the admission rules, for admission to the legal profession in the ACT. approved practical legal training requirements means legal training requirements that are approved, under the admission rules, for admission to the legal profession in the ACT. corresponding academic qualifications means academic qualifications that would qualify the person for admission to the legal profession in another jurisdiction if the admissions board is satisfied that substantially the same minimum criteria apply for the approval of academic qualifications for admission in the other jurisdiction as apply in the ACT. corresponding practical legal training requirements means legal training requirements that would qualify the person for admission to the legal profession in another jurisdiction if the admissions board is satisfied that substantially the same minimum criteria apply for the approval of legal training requirements for admission in the other jurisdiction as apply in the ACT.

22 Suitability for admission (1) In deciding if a person is a fit and proper person to be admitted to the legal profession under this Act, the Supreme Court or admissions board must consider each of the suitability matters in relation to the person to the extent a suitability matter is appropriate. (2) Subsection (1) does not limit the relevant matters that the Supreme Court or admissions board may consider. (3) However, the Supreme Court or admissions board may decide that a person is a fit and proper person to be admitted to the legal profession under this Act despite a suitability matter because of the circumstances relating to the matter.

23 Early consideration of suitability for admission applicant for admission means an applicant for admission to the legal profession under this Act. prospective applicant for admission means a person who is undertaking, is eligible to undertake, or has completed, a course of legal studies but who is not an applicant for admission. relevant person means— (a) an applicant for admission; or (b) a prospective applicant for admission; or (c) anyone else who has a sufficient interest in applying for a declaration under this section.

Eligibility and suitability for admission Division 2.3.2 (2) A relevant person may apply to the admissions board for a declaration that a matter (for example, a suitability matter) disclosed either in— (a) the application for the declaration; or (b) an undecided application for admission to the legal profession under this Act; will not, without more, adversely affect an assessment by the board about whether the person is a fit and proper person to be admitted. (3) The admissions board must consider each application under this section and, subject to section 24, make the declaration sought or refuse to make it. (4) A declaration under subsection (3) is binding on the admissions board unless the applicant failed to make a full and fair disclosure of all matters relevant to the declaration.

24 Referral of matters to Supreme Court (1) The admissions board may refer to the Supreme Court an application under section 23 if, in the board’s opinion, it would be appropriate for the court to consider the application having regard to the seriousness of matters disclosed by or found out about the applicant. (2) The Supreme Court has the same powers as the admissions board to deal with the application and its decision on the application is taken to be a decision of the board. (3) On a referral under this section, the Supreme Court may make the order or declaration that it considers appropriate. (4) An order or declaration under subsection (3) is binding on the admissions board unless the applicant failed to make a full and fair disclosure of all matters relevant to the order or declaration.

25 Appeal to Supreme Court on refusal of declaration (1) If a declaration sought under section 23 (Early consideration of suitability for admission) is refused by the admissions board, the applicant may appeal to the Supreme Court against the refusal. (2) An appeal under this section is by way of rehearing, and fresh evidence or evidence in addition to, or in substitution for, the evidence before the admissions board may be given on the appeal. (3) On an appeal under this section, the Supreme Court may make the order or declaration that it considers appropriate. (4) An order or declaration under subsection (3) is binding on the admissions board unless the applicant failed to make a full and fair disclosure of all matters relevant to the order or declaration.

Admission to legal profession Division 2.3.3 Division 2.3.3 Admission to legal profession

26 Admission (1) A person may apply to the Supreme Court to be admitted as a lawyer. (2) The Supreme Court may admit the person as a lawyer if satisfied that the person— (a) is eligible for admission to the legal profession; and (b) is a fit and proper person to be admitted to the legal profession. (3) The Supreme Court may refuse— (a) to consider the application if it is not made in accordance with the admission rules; or (b) to admit the person if the person has not complied with the admission rules. (4) In making a decision under this section in relation to the application, the Supreme Court must consider, and may rely on, the admissions board’s advice in relation to the application. (5) The advice of the admissions board may be contained in a compliance

27 Roll of people admitted to legal profession (1) The Supreme Court must keep a roll of people admitted to the legal profession under this Act (the local roll). (2) When a person is admitted under this Act, the person’s name must be entered on the local roll in accordance with the admission rules. (3) A person admitted under this Act must sign the local roll. (4) The admission of a person under this Act is effective from the time the person signs the local roll.

Division 2.3.4 Functions and powers of admissions board (5) The registrar must forward to the relevant council the name and date of admission of each person admitted under this Act as soon as practicable after the person has signed the local roll.

28 Local lawyer is officer of Supreme Court (1) A person becomes an officer of the Supreme Court on being admitted as a lawyer under this Act. (2) A person ceases to be an officer of the Supreme Court under subsection (1) if the person’s name is removed from the local roll. Division 2.3.4 Functions and powers of admissions board

29 Admissions board to advise on application for admission (1) The role of the admissions board is to advise the Supreme Court whether or not the admissions board considers— (a) an applicant for admission to the legal profession is— (i) eligible for admission; and (ii) a fit and proper person to be admitted, including having regard to all suitability matters in relation to the applicant to the extent appropriate; and (b) the application is in accordance with the admission rules. (2) This section does not limit any other functions of the admissions board under a territory law.

30 Compliance certificates by admissions board (1) Subsection (2) applies if, after considering an application for admission to the legal profession, the admissions board considers— (a) the applicant is— (i) eligible for admission; and

Functions and powers of admissions board Division 2.3.4 (ii) a fit and proper person to be admitted; and (b) the application is in accordance with the admission rules; and (c) there are no grounds for refusing to give a certificate of the matters mentioned in paragraphs (a) and (b) (a compliance certificate). (2) The admissions board must, within the time required by the admission rules— (a) tell the Supreme Court its decision by filing a compliance (b) give a copy of the compliance certificate to the bar council and law society council. (3) If the admissions board refuses to give a compliance certificate to an applicant for admission to the legal profession, the board must— (a) tell the Supreme Court its decision by filing a statement about the decision and the reasons for the decision; and (b) give a copy of the statement to the bar council and law society (c) give an information notice to the applicant.

31 Consideration of applicant’s eligibility and suitability for admission (1) To help it consider whether or not an applicant is eligible for admission to the legal profession under this Act or is a fit and proper person to be admitted under this Act, the admissions board may, by written notice to the applicant, require the applicant— (b) to cooperate with any inquiries by the board that it considers

(2) An applicant’s failure to comply with a notice under subsection (1) within the reasonable period, and in the reasonable way, (if any) required by the notice is a ground for refusing to give a compliance certificate for the applicant. (3) The admissions board may refer a matter to the Supreme Court for directions.

32 Admissions board is respondent to applications under pt 2.3 The admissions board is taken to be a respondent to every application under this part not made by it.

Preliminary—pt 2.4 Division 2.4.1 Part 2.4 Legal practice by Australian legal Division 2.4.1 Preliminary—pt 2.4 33 Purposes and application—pt 2.4 (1) The purposes of this part are as follows: (a) to facilitate the national practice of law by ensuring that Australian legal practitioners can engage in legal practice in the ACT and to provide for the certification of Australian lawyers whether or not admitted in the ACT; (b) to provide a system for the grant and renewal of local practising (2) A regulation may provide that a provision of this part applies with prescribed changes to— (a) a government lawyer in relation to the lawyer’s official functions as a government lawyer; or (b) an in-house lawyer for a corporation in relation to the provision of in-house legal services for the corporation (or a related body corporate). in-house lawyer means an Australian lawyer who— (a) is employed by a corporation, that is not an incorporated legal (b) provides only in-house legal services to the corporation (or a related body corporate).

Division 2.4.2 Legal practice in ACT by Australian legal practitioners Division 2.4.2 Legal practice in ACT by Australian 34 Entitlement of holder of Australian practising certificate to practise in ACT An Australian legal practitioner is, subject to this Act, entitled to engage in legal practice in the ACT.

35 Local practising certificates (1) The following kinds of practising certificates may be granted by the relevant council under this part: (a) unrestricted practising certificates; (b) restricted practising certificates; (c) barrister practising certificates. Note A current practising certificate granted under this part is a local practising certificate (see dict). (2) A regulation may prescribe— (a) criteria for granting or renewing practising certificates; or (b) procedures in relation to applications for practising certificates. (3) It is a statutory condition of a local practising certificate that the holder must not hold another local practising certificate, or an interstate practising certificate, that is in force during the currency of the firstmentioned certificate. (4) A contravention of subsection (3) can be unsatisfactory professional

Local practising certificates generally Division 2.4.3

36 Suitability to hold local practising certificate (1) This section applies for section 44 (Grant or renewal of unrestricted or restricted practising certificate) and any other provision of this Act for which the question of whether a person is a fit and proper person to hold a local practising certificate is relevant. (2) In considering whether or not a person is a fit and proper person to hold a local practising certificate, the relevant council may take into account any suitability matter relating to the person, and any of the following, whether happening before or after the commencement of this section: (a) whether the person obtained an Australian practising certificate because of incorrect or misleading information; (b) whether the person has contravened a condition of an Australian practising certificate held by the person; (c) whether the person has contravened this Act or a corresponding law; (d) whether the person has contravened— (i) an order of the ACAT; or (ii) an order of a corresponding disciplinary body or of another court or tribunal of another jurisdiction exercising jurisdiction or powers by way of appeal or review of an order of a corresponding disciplinary body; (e) without limiting any other paragraph— (i) whether the person has failed to pay a required contribution or levy to the fidelity fund; or (ii) whether the person has contravened a requirement imposed by the council about professional indemnity insurance; or (iii) whether the person has failed to pay other costs or expenses for which the person is liable under this Act;

(f) other relevant matters the council considers appropriate. made or in force under the Act, including regulations (see Legislation (3) The relevant council may decide that a person is a fit and proper person to hold a local practising certificate despite anything mentioned in subsection (1) applying in relation to the person if the council considers that the circumstances justify that decision. (4) If a matter was— (a) disclosed in an application by a person for admission to the legal profession in the ACT or another jurisdiction; and (b) decided by a Supreme Court, the admissions board or a corresponding authority not to be sufficient for refusing admission; the matter cannot be taken into account as a ground for refusing to grant or renew or for suspending or cancelling a local practising certificate, but the matter may be taken into account when considering other matters in relation to the person. Note Section 44 (Grant or renewal of unrestricted or restricted practising certificate) provides that a local practising certificate must not be granted unless the relevant council is satisfied that the applicant is a fit and proper person to hold the certificate, and must not be renewed if it is satisfied that the applicant is not a fit and proper person to continue to hold the

37 Duration of local practising certificate (1) A local practising certificate granted under this Act is in force from the date stated in it until the end of the financial year in which it is granted, unless the certificate is sooner suspended or cancelled. (2) A local practising certificate renewed under this Act is in force until the end of the financial year after its previous period of currency, unless the certificate is sooner suspended or cancelled.

Local practising certificates generally Division 2.4.3 (3) If an application for the renewal of a local practising certificate has not been decided by the following 1 July, the certificate— (a) continues in force on and from that 1 July until the relevant council renews or refuses to renew the certificate or the holder withdraws the application for renewal, unless the certificate is sooner cancelled or suspended; and (b) if renewed, is taken to have been renewed on and from that 1 July.

38 Conditions on practising certificate—government lawyer and in-house lawyer (1) This section applies to the following people who apply for the grant or renewal of a local practising certificate: (a) an Australian lawyer who is a government lawyer who, in the lawyer’s application for the grant or renewal of the certificate, stated that the lawyer did not intend to engage in legal practice otherwise than as a government lawyer engaged in government work; (b) an in-house lawyer. (2) The relevant council must not grant or renew a local practising certificate unless the relevant council— (a) for an application by an Australian lawyer mentioned in subsection (1) (a)—imposes a condition on the certificate that the lawyer must not engage in legal practice otherwise than as a government lawyer engaged in government work; or (b) for an application by an in-house lawyer—imposes a condition on the certificate that the in-house lawyer for a corporation must not engage in legal practice otherwise than by providing in- house legal services to the corporation (or a related body corporate).

(3) A person must comply with a condition imposed under subsection (2) on the person’s practising certificate. (4) A failure by an Australian lawyer to comply with subsection (3) can in-house lawyer—see section 33.

40 Local legal practitioner is officer of Supreme Court A person who is not already an officer of the Supreme Court becomes an officer of the Supreme Court on being granted a local practising Division 2.4.4 Grant or renewal of local practising

41 Application for grant or renewal of local practising (1) An Australian lawyer may apply to the relevant council for the grant or renewal of a local practising certificate if the lawyer is eligible to apply for the grant or renewal. (2) An Australian lawyer is eligible to apply for the grant or renewal of a local practising certificate if the lawyer complies with the regulations and legal profession rules in relation to eligibility for the practising certificate and— (a) if the lawyer is not an Australian legal practitioner at the time of making the application— (i) the lawyer reasonably expects to be engaged in legal practice solely or principally in the ACT during the currency of the certificate or renewal applied for; or

(ii) if subparagraph (i) does not apply to the lawyer or it is not reasonably practicable to establish whether subparagraph (i) applies—the lawyer’s place of residence in Australia is the ACT or the lawyer does not have a place of residence in Australia; or (b) if the lawyer is an Australian legal practitioner at the time of making the application— (i) the jurisdiction in which the lawyer engages in legal practice solely or principally is the ACT; or (ii) the lawyer holds a local practising certificate and engages in legal practice in another jurisdiction under an arrangement that is of a temporary nature; or (iii) the lawyer reasonably expects to be engaged in legal practice solely or principally in the ACT during the currency of the certificate applied for; or (iv) if it is not reasonably practicable to establish whether subparagraph (i), (ii) or (iii) applies—the lawyer’s place of residence in Australia is the ACT or the lawyer does not have a place of residence in Australia; or (c) if the lawyer is an Australian legal practitioner prescribed by regulation for this paragraph. (3) For subsection (2) (b), the jurisdiction in which an Australian lawyer engages in legal practice solely or principally is to be decided by reference to the lawyer’s legal practice during the certificate period current at the time— (a) the application is made; or (b) for a late application—the application should have been made.

(4) Without limiting subsection (2), an Australian lawyer is not eligible to apply for the grant or renewal of a local practising certificate in relation to a financial year if the lawyer would also be the holder of another Australian practising certificate for the year. (5) An Australian lawyer must not apply for the grant or renewal of a local practising certificate if the lawyer is not eligible to make the (6) An Australian legal practitioner who engages in legal practice solely or principally in the ACT during a financial year and reasonably expects to engage in legal practice solely or principally in the ACT in the next financial year must apply for the grant or renewal of a local practising certificate in relation to the next financial year. (7) Subsection (6) does not apply to an interstate legal practitioner who applied for the grant or renewal of an interstate practising certificate on the basis that the practitioner reasonably expected to engage in legal practice solely or principally in the ACT under an arrangement that is of a temporary nature. (8) The exemption provided by subsection (7) ceases to operate at the end of the period prescribed by regulation. (9) A reference in this section to engaging in legal practice principally in a jurisdiction applies only to legal practice in Australia and despite anything in this section an Australian lawyer who is engaged or expects to be engaged in legal practice principally in a foreign country is eligible to apply for the grant or renewal of a local practising certificate if the lawyer otherwise meets the requirements of this A person practises both in Australia and overseas and the overseas practice is the principal part of the person’s overall practice. The question whether the person is engaged in legal practice principally in the ACT is determined by reference to the person’s practice in Australia.

(10) A regulation under subsection (2) (c) may— (a) limit the kind of practising certificate for which a lawyer prescribed for that paragraph may apply for grant or renewal; or (b) provide that a council has a discretion as to whether or not to grant or renew a local practising certificate to a person in the person’s capacity as a lawyer prescribed for that paragraph.

42 Approved form for grant or renewal application for (1) An application for grant or renewal of a practising certificate must be in a form (an approved form) approved under section 587 by— (a) for a barrister practising certificate—the bar council; or (b) for an unrestricted practising certificate or restricted practising certificate—the law society council. (2) To remove any doubt, an approved form may require the applicant to disclose matters that may affect the applicant’s eligibility for the grant or renewal of a local practising certificate or the question whether the applicant is a fit or proper person to hold a local practising certificate. (3) An approved form may indicate that particular kinds of matters previously disclosed in a particular way need not be disclosed for the purposes of the current application. (4) Subsections (2) and (3) have effect despite the Legislation Act, section 255 (6).

43 Timing of application for renewal of local practising (1) An application for the renewal of a local practising certificate must be made within the period prescribed by regulation. (2) That period must be within the currency of the local practising certificate being sought to be renewed.

44 Grant or renewal of unrestricted or restricted practising (1) The law society council must consider an application that has been made for the grant or renewal of an unrestricted practising certificate or restricted practising certificate, and may— (a) grant or renew the practising certificate; or (b) refuse to grant or renew the practising certificate. Note When granting or renewing a local practising certificate, the law society council may impose conditions on the certificate under s 47. (2) However, the law society council— (a) need not consider an application for grant or renewal of an unrestricted practising certificate or restricted practising certificate if— (i) the application has not been made in accordance with this Act; or (ii) the required fees have not been paid; and (b) may refuse to grant or renew the practising certificate if the applicant has not complied with the criteria prescribed by regulation and the legal profession rules for the grant or renewal. (3) The law society council must not grant an unrestricted practising certificate or restricted practising certificate unless satisfied that the (a) was eligible to apply for the grant when the application was (b) is a fit and proper person to hold the certificate.

(4) The law society council must not renew an unrestricted practising certificate or restricted practising certificate if satisfied that the (a) was not eligible to apply for the renewal when the application was made; or (b) is not a fit and proper person to continue to hold the certificate. (5) The law society council must not grant or renew an unrestricted practising certificate or restricted practising certificate if— (a) it considers the applicant’s circumstances have changed since the application was made; and (b) the applicant would (having regard to information that has come to the law society council’s attention) not have been eligible to make the application when the application is being considered. (6) This section does not affect any other provision of this Act that provides for the refusal to grant or renew an unrestricted practising certificate or restricted practising certificate. Note 1 The law society council must not grant or renew a practising certificate for an insurable legal practitioner unless satisfied that the practitioner will be covered by an approved indemnity insurance policy (see s 311). Note 2 See also s 62 (Refusal to grant or renew unrestricted or restricted practising certificate—failure to show cause etc). (7) If the law society council grants or renews an unrestricted practising certificate or restricted practising certificate, the law society council must give the applicant— (a) for the grant of a certificate—the practising certificate granted; or (b) for the renewal of a certificate—the new practising certificate. (8) If the law society council refuses to grant or renew an unrestricted practising certificate or restricted practising certificate, the law society council must give the applicant an information notice.

45 Grant or renewal of barrister practising certificate (1) The bar council must consider an application that has been made for the grant or renewal of a barrister practising certificate, and may— (a) grant or renew the practising certificate; or (b) refuse to grant or renew the practising certificate. Note When granting or renewing a barrister practising certificate, the bar council may impose conditions on the certificate under s 47. (2) However, the bar council— (a) need not consider an application for grant or renewal of a barrister practising certificate if— (i) the application has not been made in accordance with this Act; or (ii) the required fees have not been paid; and (b) may refuse to grant or renew the practising certificate if the applicant has not complied with the criteria prescribed by regulation and the legal profession rules for the grant or renewal. Note This Act—see the dictionary. (3) The bar council must not grant a barrister practising certificate unless satisfied that the applicant— (a) was eligible to apply for the grant when the application was (b) is a fit and proper person to hold the certificate. (4) The bar council must not renew a barrister practising certificate if satisfied that the applicant— (a) was not eligible to apply for the renewal when the application was made; or (b) is not a fit and proper person to continue to hold the certificate.

(5) The bar council must not grant or renew a barrister practising certificate if— (a) it considers the applicant’s circumstances have changed since the application was made; and (b) the applicant would (having regard to information that has come to the bar council’s attention) not have been eligible to make the application when the application is being considered. (6) This section does not affect any other provision of this Act that provides for the refusal to grant or renew a barrister practising Note 1 The bar council must not grant or renew a practising certificate for an insurable legal practitioner unless satisfied that the practitioner will be covered by an approved indemnity insurance policy (see s 311). Note 2 See also s 63 (Refusal to grant or renew barrister practising certificate— failure to show cause etc). (7) If the bar council grants or renews a barrister practising certificate, the bar council must give the applicant— (a) for the grant of a certificate—the practising certificate granted; or (b) for the renewal of a certificate—the new practising certificate. (8) If the bar council refuses to grant or renew a barrister practising certificate, the bar council must give the applicant an information notice.

Division 2.4.5 Conditions on local practising

46 Conditions on local practising certificates generally (1) A local practising certificate is subject to— (a) any conditions imposed by the relevant council under section 38 (Conditions on practising certificate—government lawyer and in-house lawyer) or section 47 (Conditions imposed on local practising certificate by relevant council); and (b) any statutory conditions imposed under this Act or any other (c) any conditions imposed or amended by a relevant council under section 69 (Imposition of conditions on local practising certificate pending criminal proceedings etc); and (d) any conditions imposed under chapter 4 (Complaints and discipline) or under provisions of a corresponding law that correspond to chapter 4. (2) If a condition is imposed, amended or revoked under this Act (other than a statutory condition) during the currency of the local practising certificate concerned, the certificate must be amended by the licensing body, or a new certificate must be issued by the licensing body, to reflect on its face the imposition, amendment or revocation.

47 Conditions imposed on local practising certificate by relevant council (1) The relevant council may impose conditions on a local practising certificate when it is granted or renewed.

Conditions on local practising certificates Division 2.4.5 (2) The relevant council may impose a condition on a local practising certificate— (a) on the application of the applicant for grant or renewal of the (3) The relevant council may impose conditions on a local practising certificate during its currency. (4) The relevant council may impose conditions on a local practising certificate under subsection (3)— (a) on the application of the holder of the practising certificate; or (5) A regulation may make provision in relation to an application for the imposition of a condition on a practising certificate. (6) A condition imposed under this section must be reasonable and relevant. (7) A condition imposed under this section may be about any of the (a) requiring the holder of the practising certificate to undertake and complete— (i) continuing legal education; or (ii) particular legal education or training; or (iii) a period of supervised legal practice; (b) restricting the areas of law practised; (c) controlling, restricting or prohibiting the operation of a trust account; (d) restricting the holder to particular conditions concerning employment or supervision;

(e) a matter agreed to by the holder. (8) Subsection (7) does not limit the matters about which a condition may be imposed under this section. (9) The relevant council must not impose a condition, or recommend that a condition be imposed, that requires the holder to undertake and complete particular legal education or training unless— (a) the council is satisfied, having regard to— (i) the nature or currency of the holder’s academic studies, legal training or legal experience; or (ii) the holder’s conduct; that it is reasonable to require the particular legal education or training to be undertaken; or (b) the condition is one that is imposed generally on holders of local practising certificates or any class of holders of local practising Note A class of holders might comprise newly qualified lawyers, or lawyers returning to legal practice after suspension or an extended break. (10) The relevant council may amend or revoke a condition imposed by it on a local practising certificate under subsection (1) or (3). (11) If the relevant council imposes a condition on, or amends or revokes a condition of, a local practising certificate (the action)— (a) the council must give the applicant for, or holder of, the certificate an information notice about the action, unless the action was taken on the application of the applicant or holder; and (b) if the action was taken during the currency of the certificate— the action takes effect when the holder is given an information notice or other written notice by the council about the action or, if the notice states a later time of effect, at that time.

Conditions on local practising certificates Division 2.4.5 (12) This section has effect subject to section 56 (Amending, suspending or cancelling local practising certificate) in relation to the imposition of a condition on a local practising certificate during its currency.

48 Statutory condition about conditions imposed on interstate admission It is a statutory condition of a local practising certificate that the holder must not contravene a condition that was imposed on the admission of the person to the legal profession under a corresponding law (with any amendments of the condition made from time) and that is still in force.

49 Barristers—restrictions on engaging in legal practice etc (1) A regulation or legal profession rule may make provision for or in relation to prohibiting the holder of a barrister practising certificate from any or all of the following: (a) engaging in legal practice— (i) otherwise than as a sole practitioner; or (ii) in partnership with anyone; or (iii) as the employee of anyone; (b) holding office as a legal practitioner director of an incorporated (2) Conditions may be imposed on a barrister practising certificate granted to a legal practitioner that the practitioner must not— (a) engage in legal practice— (i) otherwise than as a sole practitioner; or (ii) in partnership with anyone; or (iii) as the employee of anyone; or

(b) hold office as a legal practitioner director of an incorporated

50 Statutory condition about practice as a solicitor (1) It is a statutory condition of a local practising certificate that the holder must not engage in unsupervised legal practice as a solicitor, until the holder has completed a period of supervised legal practice (2) Subsection (1) has effect subject to any other conditions that relate to engaging in supervised legal practice as a solicitor after any period prescribed for that subsection.

51 Statutory condition on local practising certificate about notification of offence (1) It is a statutory condition of a local practising certificate that the holder of the certificate— (a) must notify the relevant council that the holder has been— (i) convicted of an offence that would have to be disclosed under the admission rules in relation to an application for admission to the legal profession under this Act; or (ii) charged with a serious offence; and (b) must do so not later than 7 days after the event happens and by a written notice. (2) This section does not apply to an offence to which division 2.4.7 (Special powers in relation to local practising certificates— show-cause events) applies.

52 Conditions imposed by legal profession rules The legal profession rules may— (a) impose conditions on local practising certificates; or

(b) authorise conditions to be imposed on local practising

53 Compliance with conditions of local practising certificate The holder of a local practising certificate must not contravene (in the ACT or elsewhere) a condition to which the certificate is subject. Division 2.4.6 Amendment, suspension or cancellation of local practising

54 Application—div 2.4.6 This division does not apply in relation to matters mentioned in division 2.4.7 (Special powers in relation to local practising certificates—show-cause events).

55 Grounds for amending, suspending or cancelling local practising certificate (1) Each of the following is a ground for amending, suspending or cancelling a local practising certificate: (a) the holder is no longer a fit and proper person to hold the certificate; (b) the holder does not have, or no longer has, an approved policy of indemnity insurance; (c) if a condition of the certificate is that the holder is limited to legal practice stated in the certificate—the holder is engaging in legal practice that the holder is not entitled to engage in under this Act. (2) A regulation may prescribe additional grounds for amending, suspending or cancelling a local practising certificate.

Division 2.4.6 Amendment, suspension or cancellation of local practising certificates

56 Amending, suspending or cancelling local practising (1) If the relevant council believes a ground exists to amend, suspend or cancel a local practising certificate (the proposed action), the council must give the holder a notice that— (a) states the proposed action, and— (i) if the proposed action is to amend the certificate—states the proposed amendment; and (ii) if the proposed action is to suspend the certificate—states the proposed suspension period; and (b) states the grounds for proposing to take the proposed action; and (c) outlines the facts and circumstances that form the basis for the council’s belief; and (d) invites the holder to make written representations to the council, not later than the end of a stated period of not less than 7 days and not more than 28 days after the day the holder is given the notice, about why the proposed action should not be taken. (2) If, after considering all written representations made not later than the end of the stated period and, in its discretion, written representations made after the end of the stated period, the relevant council still believes a ground exists to take the proposed action, the council may— (a) if the notice under subsection (1) stated the proposed action was to amend the practising certificate—amend the certificate in the way stated or in a less onerous way the council considers appropriate because of the representations; or (b) if the notice stated the proposed action was to suspend the practising certificate for a stated period— (i) suspend the certificate for a period no longer than the stated

(ii) amend the certificate in a less onerous way the council considers appropriate because of the representations; or (c) if the notice stated the proposed action was to cancel the practising certificate— (i) cancel the certificate; or (ii) suspend the certificate for a stated period; or (iii) amend the certificate in a less onerous way the council considers appropriate because of the representations. (3) If the relevant council decides to amend, suspend or cancel the practising certificate, the council must give the holder an information notice about the decision. (4) If the relevant council decides not to amend, suspend or cancel the practising certificate, the council must, by written notice, tell the holder about the decision. amend, a certificate, means amend the certificate under section 47 (Conditions imposed on local practising certificate by relevant council) during its currency, otherwise than at the request of the holder of the certificate.

57 Operation of amendment, suspension or cancellation of local practising certificate (1) This section applies if a decision is made to amend, suspend or cancel a local practising certificate under section 56. (2) Subject to subsections (3) and (4), the amendment, suspension or cancellation of the practising certificate takes effect on the later of the (a) the day written notice of the decision is given to the holder; (b) the day stated in the notice.

Division 2.4.6 Amendment, suspension or cancellation of local practising certificates (3) If the practising certificate is amended, suspended or cancelled because the holder has been convicted of an offence— (a) the Supreme Court may, on the holder’s application, order that the operation of the amendment, suspension or cancellation of the practising certificate be stayed until— (i) the end of the time to appeal against the conviction; and (ii) if an appeal is made against the conviction—the appeal is finally decided, lapses or otherwise ends; and (b) the amendment, suspension or cancellation does not have effect during any period in relation to which the stay is in force. (4) If the practising certificate is amended, suspended or cancelled because the holder has been convicted of an offence and the conviction is quashed— (a) the amendment or suspension ceases to have effect when the conviction is quashed; or (b) the cancellation ceases to have effect when the conviction is quashed and the certificate is restored as if it had only been suspended.

58 Other ways of amending or cancelling local practising (1) The relevant council may amend or cancel a local practising certificate if the holder asks the council to do so. (2) The relevant council may also amend a local practising certificate— (a) for a formal or clerical reason; or (b) in another way that does not adversely affect the holder’s interests.

(3) The relevant council must cancel a local practising certificate if the holder’s name has been removed from the local roll or the holder stops being an Australian lawyer. (4) The amendment or cancellation of a local practising certificate under this section must be by written notice given to the holder. (5) To remove any doubt, section 56 (Amending, suspending or cancelling local practising certificate) does not apply to the amendment or cancellation of a local practising certificate under this

59 Relationship of div 2.4.6 with ch 4 This division does not prevent a complaint from being made under chapter 4 (Complaints and discipline) about a matter to which this division relates.

Division 2.4.7 Special powers in relation to local practising certificates—show-cause

60 Applicant for local practising certificate—show-cause event (a) a person is applying for the grant or renewal of a local practising (b) a show-cause event in relation to the person happened after the person was first admitted to the legal profession in the ACT or another jurisdiction, however the admission was expressed at the time of the admission. (2) As part of the application, the person must give the relevant council a written statement, in accordance with the regulations— (a) about the show-cause event; and (b) explaining why, despite the show-cause event, the applicant considers themself to be a fit and proper person to hold a local (3) However, the person need not give a statement under subsection (2) if the person (as a previous applicant for a local practising certificate or as the holder of a local practising certificate previously in force) has previously provided to the relevant council— (a) a statement under this section; or (b) a notice and statement under section 61; explaining why, despite the show-cause event, the person considers themself to be a fit and proper person to hold a local practising

Special powers in relation to local practising certificates—show-cause Division 2.4.7 (4) This section applies to a show-cause event whether the event happened before or after the commencement of this section.

61 Holder of local practising certificate—show-cause event (1) This section applies to a show-cause event that happens in relation to the holder of a local practising certificate. (2) The holder must give to the relevant council both of the following: (a) not later than 7 days after the day the event happens, written notice that the event happened; (b) not later than 28 days after the day the event happens, a written statement explaining why, despite the show-cause event, the person considers themself to be a fit and proper person to hold a local practising certificate. (3) If a written statement is given to the relevant council after the end of the 28-day period, the council may accept the statement and take it into consideration.

62 Refusal to grant or renew unrestricted or restricted practising certificate—failure to show cause etc (1) The law society council may refuse to grant or renew an unrestricted practising certificate or restricted practising certificate if the (a) is required by section 60 (Applicant for local practising certificate—show-cause event) to give the law society council, as the relevant council for the applicant, a written statement or notice relating to a matter and has failed to give a written statement or notice in accordance with that requirement; or

(b) has given a written statement in accordance with section 60 but the law society council does not consider that the applicant has shown in the statement that, despite the show-cause event concerned, the applicant is a fit and proper person to hold a local (2) The law society council must give the applicant or holder an information notice about the decision to refuse to grant or renew the (3) However, if the law society council considers that the applicant or holder has shown in the statement mentioned in subsection (1) (b) that, despite the show-cause event concerned, the applicant is a fit and proper person to hold a local practising certificate, the law society council must, by written notice, tell the applicant or holder about its decision.

63 Refusal to grant or renew barrister practising certificate— failure to show cause etc (1) The bar council may refuse to grant or renew a barrister practising certificate if the applicant— (a) is required by section 60 (Applicant for local practising certificate—show-cause event) to give the bar council, as the relevant council for the applicant, a written statement or notice relating to a matter and has failed to give a written statement or notice in accordance with that requirement; or (b) has given a written statement in accordance with section 60 but the bar council does not consider that the applicant has shown in the statement that, despite the show-cause event concerned, the applicant is a fit and proper person to hold a local practising (2) The bar council must give the applicant or holder an information notice about the decision to refuse to grant or renew the certificate.

Special powers in relation to local practising certificates—show-cause Division 2.4.7 (3) However, if the bar council considers that the applicant or holder has shown in the statement mentioned in subsection (1) (b) that, despite the show-cause event concerned, the applicant is a fit and proper person to hold a local practising certificate, the bar council must, by written notice, tell the applicant or holder about its decision.

64 Amendment, suspension or cancellation of local practising certificate—failure to show cause etc (1) The relevant council may amend, suspend or cancel a local practising certificate if the holder— (a) is required by section 61 (Holder of local practising certificate— show-cause event) to give the council a written statement or notice relating to a matter and has failed to give a written statement or notice in accordance with that requirement; or (b) has given a written statement in accordance or section 61 but the council does not consider that the holder has shown in the statement that, despite the show-cause event concerned, the holder is a fit and proper person to hold a local practising (2) For this section only, a written statement accepted by the relevant council under section 61 (3) is taken to have been given in accordance with section 61. (3) The relevant council must give the holder an information notice about the decision to amend, suspend or cancel the certificate. (4) However, if the relevant council considers that the holder has shown in the statement mentioned in subsection (1) (b) that, despite the show-cause event concerned, the holder is a fit and proper person to hold a local practising certificate, the council must, by written notice, tell the holder about its decision.

65 Restriction on further applications for local practising certificate after refusal to grant or renew (1) This section applies if the relevant council decides under section 62 (Refusal to grant or renew unrestricted or restricted practising certificate—failure to show cause etc) or section 63 (Refusal to grant or renew barrister practising certificate—failure to show cause etc) to refuse to grant or renew a local practising certificate to a person. (2) The relevant council may also decide that the person is not entitled to apply for the grant of a local practising certificate for a stated period of not longer than 5 years. relevant council must include the decision in the information notice required under section 62 (2) or section 63 (2). to this section, is not entitled to apply for the grant of a local practising certificate during the period stated in the decision.

66 Restriction on further applications for local practising certificate after cancellation (1) This section applies if the relevant council decides under section 64 (Amendment, suspension or cancellation of local practising certificate—failure to show cause etc) to cancel a person’s local (2) The relevant council may also decide that the person is not entitled to apply for the grant of a local practising certificate for a stated period of not longer than 5 years. council must include the decision in the information notice required under section 64 (3).

Further provisions about local practising certificates Division 2.4.8 to this section, is not entitled to apply for the grant of a local practising certificate during the period stated in the decision.

67 Relationship of div 2.4.7 with pt 4.4 and ch 6 (1) The relevant council has and may exercise powers under part 4.4 (Investigation of complaints) and chapter 6 (Investigations), in relation to a matter under this division, as if the matter were the subject of a complaint under chapter 4. (2) Accordingly, the provisions of part 4.4 and chapter 6 apply in relation to a matter under this division with any necessary changes. (3) This division does not prevent a complaint from being made under chapter 4 about a matter to which this division relates. Division 2.4.8 Further provisions about local

68 Immediate suspension of local practising certificate (1) This section applies, despite division 2.4.6 (Amendment, suspension or cancellation of local practising certificates) and division 2.4.7 (Special powers in relation to local practising certificates—show- cause events), if the relevant council considers it necessary in the public interest to immediately suspend a local practising certificate on— (a) any of the grounds on which the certificate could be suspended or cancelled under division 2.4.6; or (b) the ground of the happening of a show-cause event in relation to the holder; or

(c) any other ground that the council considers justifies immediate suspension of the certificate in the public interest; whether or not any action has been taken or started under division 2.4.6 or division 2.4.7 in relation to the holder. (2) The relevant council may, by written notice given to the holder, immediately suspend the practising certificate until the earlier of the (a) the council gives the holder an information notice under section 56 (3) (Amending, suspending or cancelling local practising certificate); (b) the council gives the holder written notice under section 56 (4); (c) the council gives the holder an information notice under section 64 (3) (Amendment, suspension or cancellation of local practising certificate—failure to show cause etc); (d) the council gives the holder written notice under section 64 (4); (e) the period of 56 days after the day the notice is given to the holder under this section ends. (3) The notice under this section must— (a) include an information notice about the suspension; and (b) state that the practitioner may make written representations to the relevant council about the suspension. (4) The holder may make written representations to the relevant council about the suspension, and the council must consider the representations. (5) The relevant council may revoke the suspension at any time, whether or not in response to any written representations made to it by the holder.

Further provisions about local practising certificates Division 2.4.8

69 Imposition of conditions on local practising certificate pending criminal proceedings etc (1) If a local legal practitioner has been charged with a serious offence but the charge has not been decided, the relevant council may, if it considers it appropriate having regard to the seriousness of the offence and to the public interest, by written notice given to the (a) amend the conditions of the practitioner’s local practising (b) impose further conditions on the practitioner’s local practising (2) The amendment or imposition of a condition under subsection (1) has effect until the earlier of the following: (a) the end of the period stated by the relevant council in the notice; (b) if the local legal practitioner is convicted of the offence—28 days after the day of the conviction; (c) if the charge is dismissed—the day of the dismissal. (3) The notice under this section must— (a) include an information notice about the amendment or imposition of the condition; and (b) state that the local legal practitioner may make written representations to the relevant council about the amendment or imposition of the condition. (4) The local legal practitioner may make written representations to the relevant council about the amendment or imposition of the condition, and the council must consider the representations. (5) The relevant council may at any time revoke a decision to amend or impose a condition, whether or not in response to any written representations made to it by the local legal practitioner.

70 Surrender and cancellation of local practising certificate (1) The holder of a local practising certificate may surrender the certificate to the relevant council. (2) The relevant council may cancel the certificate.

71 Return of local practising certificate (1) This section applies if a local practising certificate granted to an Australian legal practitioner— (a) is amended, suspended or cancelled by the relevant council or because of an order of the ACAT under section 425 (ACAT orders—Australian legal practitioners); or (b) is replaced by another certificate. (2) The relevant council may give the practitioner a written notice requiring the practitioner to return the certificate to the council in the way stated in the notice within a stated period of not less than 7 days after the day the practitioner is given the notice. (3) The practitioner must comply with the notice. (4) The relevant council must return the practising certificate to the (a) if the certificate is amended—after amending it; or (b) if the certificate is suspended and is still current at the end of the suspension period—at the end of the suspension period.

Interstate legal practitioners Division 2.4.9

72 Professional indemnity insurance—interstate legal (1) An interstate legal practitioner commits an offence if the (i) engages in legal practice in the ACT for fee, gain or reward; or (ii) represents or advertises that the practitioner is entitled to engage in legal practice in the ACT; and (b) is not covered by professional indemnity insurance that— (i) covers legal practice in the ACT; and (ii) is for at least the relevant amount (including defence costs) unless, without affecting subparagraph (i) or (iii), the practitioner engages in legal practice only as or in the manner of a barrister; and (iii) has been approved under, or complies with, any requirement of a corresponding law for the interstate practising certificate held by the practitioner. (2) This section does not apply to an interstate legal practitioner who is employed by a corporation, other than an incorporated legal practice, and who provides only in-house legal services to the corporation (or a related body corporate). (3) This section does not apply to an interstate legal practitioner who— (a) is a government lawyer; and

(b) is engaged in legal practice in the ACT only to the extent that the practitioner is exercising official functions as a government lawyer; and (c) has indemnity or immunity that is provided by law and applies to the legal practice. defence costs, in relation to professional indemnity insurance covering an interstate legal practitioner, means costs (other than the claimant’s costs) payable by an insurer in relation to a claim, or notification that may lead to a claim, under the policy of insurance held by the interstate legal practitioner. (a) if an amount is prescribed by regulation—that amount; or

73 Extent of entitlement of interstate legal practitioner to practise in ACT (1) This part does not authorise an interstate legal practitioner to engage in legal practice in the ACT to a greater extent than a local legal practitioner could be authorised under a local practising certificate. (2) Also, an interstate legal practitioner’s right to engage in legal practice in the ACT— (a) is subject to any conditions imposed by the relevant council under section 74; and

Interstate legal practitioners Division 2.4.9 (b) is, to the greatest practicable extent and with all necessary changes— (i) the same as the practitioner’s right to engage in legal practice in the practitioner’s home jurisdiction; and (ii) subject to any condition on the practitioner’s right to engage in legal practice in that jurisdiction, including any conditions imposed on the practitioner’s admission to the legal profession in the ACT or another jurisdiction. (3) If there is an inconsistency between conditions mentioned in subsection (2) (a) and conditions mentioned in subsection (2) (b), the conditions that are, in the relevant council’s opinion, more onerous prevail to the extent of the inconsistency. (4) An interstate lawyer must not engage in legal practice in the ACT in a way not authorised by this Act or in contravention of any condition mentioned in this section.

74 Additional conditions on practice of interstate legal (1) The relevant council may, by written notice to an interstate legal practitioner engaged in legal practice in the ACT, impose any condition on the practitioner’s practice that it may impose under this Act on a local practising certificate. (2) Also, an interstate legal practitioner’s right to engage in legal practice in the ACT is subject to any condition imposed under the legal (3) Conditions imposed under or mentioned in this section must not be more onerous than conditions applying to local legal practitioners. (4) A notice under this section must include an information notice about the decision to impose a condition.

75 Special provisions about interstate legal practitioner engaging in unsupervised legal practice in ACT (1) An interstate legal practitioner must not engage in unsupervised legal practice as a solicitor in the ACT unless— (a) if the practitioner completed practical legal training principally under the supervision of an Australian lawyer, whether involving articles of clerkship or otherwise, to qualify for admission to the legal profession in the ACT or another jurisdiction—the practitioner has undertaken a period or periods equivalent to 18 months supervised legal practice, worked out under the regulations, after the day the practitioner’s first practising certificate was granted; or (b) if the practitioner completed other practical legal training to qualify for admission to the legal profession in the ACT or another jurisdiction—the practitioner has undertaken a period or periods equivalent to 2 years supervised legal practice, worked out under the regulations, after the day the practitioner’s first practising certificate was granted. (2) Subsection (1)— (a) does not apply if the interstate legal practitioner is exempt from the requirement for supervised legal practice in the practitioner’s home jurisdiction; or (b) applies only to the extent of a shorter period if the required period of supervised legal practice has been reduced for the interstate legal practitioner in the practitioner’s home

76 Interstate legal practitioner is officer of Supreme Court An interstate legal practitioner engaged in legal practice in the ACT has all the duties and obligations of an officer of the Supreme Court, and is subject to the jurisdiction and powers of the Supreme Court in relation to those duties and obligations.

77 Protocols with regulatory authorities (1) The councils may, separately or jointly, enter into arrangements (protocols) with regulatory authorities of other jurisdictions about deciding— (a) the jurisdiction in which an Australian lawyer engages in legal practice principally or can reasonably expect to engage in legal practice principally; or (b) the circumstances in which an arrangement under which an Australian legal practitioner practises in a jurisdiction— (i) can be regarded as being of a temporary nature; or (ii) stops being of a temporary nature; or (c) the circumstances in which an Australian legal practitioner can reasonably expect to engage in legal practice principally in a jurisdiction during the currency of an Australian practising (2) For this Act, and to the extent that the protocols are relevant, a matter mentioned in subsection (1) (a), (b) or (c) is to be decided in accordance with the protocols.

78 Investigation of practising certificate applicants or holders etc (1) To help it consider whether or not to grant, renew, amend, suspend or cancel a local practising certificate, the relevant council may, by written notice to the applicant or holder, require the applicant or holder—

(b) to cooperate with any inquiries by the council that it considers (2) A person’s failure to comply with a notice under subsection (1) within the reasonable period, and in the reasonable way, (if any) required by the notice is a ground for making an adverse decision in relation to the person in relation to the action being considered by the relevant

79 Register of local practising certificates (1) The relevant council must keep a register of the names of Australian lawyers to whom it grants local practising certificates. (2) The register must— (a) state the conditions (if any) imposed on a local practising certificate in relation to engaging in legal practice; and (b) include other particulars prescribed by regulation. (3) The register may be kept in the way the relevant council decides. (4) The register must be available for inspection, without charge, at the relevant council’s office during normal business hours.

80 Supreme Court orders about conditions under pt 2.4 (1) The relevant council may apply to the Supreme Court for an order that an Australian lawyer not contravene a condition imposed under (2) The Supreme Court may make any order it considers appropriate on the application.

81 Appeals against decisions of relevant council (1) A person may appeal to the Supreme Court against— (a) a decision of the relevant council to refuse to grant or renew a local practising certificate; or

(b) a decision of the relevant council to amend, suspend or cancel a local practising certificate; or (c) a decision of the relevant council under section 47 (1) (Conditions imposed on local practising certificate by relevant council) to impose a condition on local practising certificate on its own initiative; or (d) a decision of the relevant council under section 47 (3) to impose a condition on a local practising certificate; or (e) a decision of the relevant council under section 47 (10) to amend or revoke a condition of a local practising certificate; or (f) a decision of the relevant council under section 65 (2) (Restriction on making further applications for practising certificate after refusal to grant or renew) or 66 (2) (Restriction on further applications for local practising certificate after cancellation) that the person is not entitled to apply for the grant of a local practising certificate for a stated period; or (g) a decision of the relevant council to impose a condition on a local practising certificate under section 69 (Imposition of conditions on local practising certificate pending criminal proceedings etc); or (h) a decision of the relevant council under section 74 (Additional conditions on practice of interstate legal practitioners) to impose a condition on the interstate legal practitioner’s practice. (2) The relevant council may appear as a party to the appeal.

82 Government lawyers generally (1) A government lawyer is not subject to— (a) any prohibition under this Act about— (i) engaging in legal practice in the ACT; or (ii) making representations about engaging in legal practice in the ACT; or (b) any provision of this Act about professional indemnity insurance; (2) Contributions and levies are not payable to the fidelity fund by or in relation to a government lawyer in the lawyer’s capacity as a (3) A regulation may provide that a government lawyer is not subject to— (a) any provision of this Act about professional discipline; or (b) any provision of this Act (other than section 38 (2) (a)) about conditions imposed on a local practising certificate; or (c) any requirements of the legal profession rules; (4) This section does not prevent a government lawyer from being granted or holding a local practising certificate.

83 Government lawyers of other jurisdictions (1) A government lawyer of another jurisdiction is not subject to— (a) any prohibition under this Act about— (i) engaging in legal practice in the ACT; or (ii) making representations about engaging in legal practice in the ACT; or (b) conditions imposed on a local practising certificate; or (c) requirements of legal profession rules; or (d) professional discipline; government lawyer of the other jurisdiction to the extent that the government lawyer is exempt from the matters mentioned in paragraph (a) to (d) as a government lawyer of the other jurisdiction. (2) Contributions and levies are not payable to the fidelity fund by or in relation to a government lawyer of another jurisdiction in the lawyer’s capacity as a government lawyer. (3) Without limiting subsection (1), that subsection extends to a prohibition relating to professional indemnity insurance for interstate legal practitioners. (4) Without affecting subsections (1), (2) and (3), this section does not prevent a government lawyer of another jurisdiction from being granted or holding a local practising certificate. jurisdiction means a State or Territory or the Commonwealth.

84 Determination of fees by law society council and bar (1) The law society council may determine fees for this Act in relation to— (a) applications for the grant or renewal of unrestricted practising certificates and restricted practising certificates; and (b) the other services that it provides under this Act, whether as the licensing body or otherwise. (2) The bar council may determine fees for this Act in relation to— (a) applications for the grant or renewal of barrister practising certificates; and (b) the other services that it provides under this Act. (3) A fee determined in relation to an application for the grant or renewal of a practising certificate may include an amount required for the purpose of recovering costs in relation to the grant or renewal of a (4) A determination under this section is a disallowable instrument.

Preliminary—pt 2.5 Division 2.5.1 Part 2.5 Inter-jurisdictional provisions about admission and practising Division 2.5.1 Preliminary—pt 2.5 85 Purpose—pt 2.5 The purpose of this part is to provide a nationally consistent scheme for the notification of and response to action taken by courts and other authorities in relation to the admission of people to the legal profession and their right to engage in legal practice in Australia.

86 Powers under ch 4 not affected by pt 2.5 This part does not affect any powers or duties under chapter 4 (Complaints and discipline). Division 2.5.2 Notices to be given by local authorities to interstate authorities

87 Official notice to other jurisdictions of applications for admission and associated matters (1) This section applies if an application for admission to the legal profession is made under this Act. (2) The admissions board may give the corresponding authority for another jurisdiction written notice of any of the following (as relevant): (a) the making of the application; (b) the withdrawal of the application after an inquiry is proposed or started in relation to the application; (c) the refusal of the Supreme Court to admit the applicant to the legal profession under this Act.

Division 2.5.2 Notices to be given by local authorities to interstate authorities (3) The notice must state the applicant’s name and address as last-known to the admissions board.

88 Official notice to other jurisdictions of removals from local roll (1) This section applies if a person’s name is removed from the local roll, except if the removal happens under section 94 (Peremptory removal of local lawyer’s name from local roll following removal in another jurisdiction). (2) The registrar must give written notice of the removal to— (a) the corresponding authority of every other jurisdiction; and (b) the registrar or other proper officer of the High Court. (3) The notice must state— (a) the person’s name and address as last-known to the registrar; and (b) the date the person’s name was removed from the roll; and (c) the reason for removing the person’s name.

90 Relevant council to give notice to other jurisdictions of certain matters (a) the relevant council— (i) refuses to grant or renew an Australian lawyer a local (ii) suspends or cancels an Australian lawyer’s local practising

Notices to be given by lawyers to local authorities Division 2.5.3 (b) the lawyer successfully appeals against the action taken. (2) The relevant council must give the corresponding bodies of other jurisdictions written notice of the action taken or the result of the appeal. (3) The notice must state— (a) the lawyer’s name and address as last-known to the relevant (b) particulars of— (i) the action taken and the reasons for it; or (ii) the result of the appeal. (5) The relevant council may give corresponding authorities written notice of a condition imposed by it on an Australian lawyer’s local Division 2.5.3 Notices to be given by lawyers to local authorities

91 Lawyer to give notice of removal in another jurisdiction and (b) the person’s name is removed from an interstate roll; and (c) the person fails to give the registrar written notice of the removal in accordance with section 93 (1) (Provisions applying to notices under div 2.5.3) not later than 7 days after the day the person receives notice of the removal.

(b) the person’s name is removed from an interstate roll; and written notice of the removal in accordance with section 93 (1) not later than 7 days after the day the person receives notice of the removal. (3) This section does not apply if the name has been removed from an interstate roll under a provision that corresponds to section 94 (Peremptory removal of local lawyer’s name from local roll following removal in another jurisdiction). (4) Strict liability applies to subsection (1) (a) and subsection (2) (a).

92 Lawyer to give notice of interstate orders and (b) an order is made under a corresponding law recommending that the person’s name be removed from the local roll; and (c) the person fails to give the registrar written notice of the order in accordance with section 93 (2) not later than 7 days after the day the person receives notice of the order.

Notices to be given by lawyers to local authorities Division 2.5.3 (b) an order or decision is made under a corresponding law that— (i) the person’s local practising certificate be suspended or cancelled; or (ii) a local practising certificate not be granted to the person for a stated period; or (iii) that conditions be imposed on the person’s local practising written notice of the order or decision in accordance with section 93 (2) not later than 7 days after the day the person receives notice of the order. (3) Strict liability applies to subsection (1) (a) and subsection (2) (a).

92A Lawyer to give notice of foreign regulatory action and (b) foreign regulatory action has been taken in relation to the (c) the person fails to give the registrar written notice of the foreign regulatory action in accordance with section 93 (1) (Provisions applying to notices under div 2.5.3) not later than 7 days after the day the person receives notice of the foreign regulatory action.

(b) foreign regulatory action has been taken in relation to the person to remove the person’s name from a foreign roll for disciplinary reasons; and written notice of the removal in accordance with section 93 (1) not later than 7 days after the day the person receives notice of the foreign regulatory action. (3) Strict liability applies to subsection (1) (a) and subsection (2) (a). foreign regulatory action taken in relation to a person means either of the following: (a) removal of the person’s name from a foreign roll for disciplinary reasons; (b) suspension or cancellation of, or refusal to renew, the person’s right to engage in legal practice in a foreign country.

93 Provisions applying to notices under div 2.5.3 (1) A notice to be given under section 91 or section 92A by a person must— (a) state the person’s name and address; and (b) identify the roll from which the person’s name has been removed; and (c) state the date of the removal; and (d) be accompanied by a copy of any official notification given to the person in relation to the removal. (2) A notice to be given under section 92 by a person must— (a) state the person’s name and address; and

(b) state the terms of the order or decision made under the (c) be accompanied by a copy of any official notification given to the person in relation to the order or decision. Division 2.5.4 Taking of action by local authorities in response to notices received

94 Peremptory removal of local lawyer’s name from local roll following removal in another jurisdiction (1) This section applies if the registrar is satisfied that— (a) a local lawyer’s name has been removed from an interstate roll; and (b) no order mentioned in section 97A (1) (a) (Order for non- removal of name or non-cancellation of local practising certificate) is, at the time of the removal, in force in relation to it. (2) The registrar must remove the lawyer’s name from the local roll. (3) The registrar may give the lawyer notice of the date the registrar proposes to remove the name from the local roll. (4) The registrar must give the former local lawyer notice of the removal of the name from the local roll, unless notice of the date of the proposed removal was previously given. (5) The name of the former local lawyer is, on the former lawyer’s application to the registrar or on the registrar’s own initiative, to be restored to the local roll if the name is restored to the interstate roll. (6) This section does not prevent the former local lawyer from afterwards applying for admission under part 2.3 (Admission of local lawyers).

95 Peremptory cancellation of local practising certificate following removal of name from interstate roll (a) a person’s name is removed from an interstate roll; and (b) the person is the holder of a local practising certificate; and (c) no order mentioned in section 97A (1) (b) is, at the time of the removal, in force in relation to it. (2) The relevant council must cancel the local practising certificate after receiving written notice of the removal. (3) The relevant council may give the person notice of the date the council proposes to cancel the local practising certificate. (4) The relevant council must give the person notice of the cancellation, unless notice of the date of the proposed cancellation was previously given. (5) This section does not prevent the former local lawyer from later applying for a local practising certificate.

96 Show-cause procedure for removal of lawyer’s name from local roll following foreign regulatory action (1) This section applies if the relevant council is satisfied that— (a) foreign regulatory action has been taken in relation to a local lawyer (other than a local legal practitioner); and (b) no order mentioned in section 97A (1) (a) (Order for non-removal of name or non-cancellation of local practising certificate) is in force in relation to the action taken.

(2) The relevant council may serve on the lawyer a written notice stating that the council will apply to the Supreme Court for an order that the lawyer’s name be removed from the local roll unless the lawyer shows cause to the council why the lawyer’s name should not be removed. Note For how documents may be served, see the Legislation Act, pt 19.5. (3) If the lawyer does not satisfy the relevant council that the lawyer’s name should not be removed from the local roll, the council may apply to the Supreme Court for an order that the lawyer’s name be removed from the local roll. (4) Before applying for an order that the lawyer’s name be removed, the relevant council must give the lawyer a reasonable opportunity to show cause why the lawyer’s name should not be removed. (5) The Supreme Court may, on application made under this section, order that the lawyer’s name be removed from the local roll. (6) The lawyer is entitled to appear before and be heard by the Supreme Court at a hearing in relation to an application under this section. relevant council means— (a) if the lawyer holds a local practising certificate that is a barrister practising certificate—the bar council; or (b) if the lawyer holds a local practising certificate that is an unrestricted practising certificate or restricted practising certificate—the law society council; or (c) if the lawyer holds an interstate practising certificate—the bar council or law society council; or (d) if the lawyer does not hold a local practising certificate—the law

97 Show-cause procedure for cancellation of local practising certificate following foreign regulatory action (1) This section applies if the relevant council is satisfied that— (a) foreign regulatory action has been taken in relation to a local legal practitioner; and (b) no order mentioned in section 97A (1) (a) (Order for non-removal of name or non-cancellation of local practising certificate) is in force in relation to the action taken. (2) The relevant council may serve on the practitioner a written notice stating that the council proposes to cancel the practitioner’s practising certificate unless the practitioner shows cause to the council why the practitioner’s practising certificate should not be cancelled. Note For how documents may be served, see the Legislation Act, pt 19.5. (3) The relevant council must give the practitioner a reasonable opportunity to show cause why the practitioner’s practising certificate should not be cancelled. (4) If the practitioner does not satisfy the relevant council that the practising certificate should not be cancelled, the council may cancel the certificate. (5) The relevant council must, as soon as practicable, give the practitioner an information notice about its decision to cancel the (6) The practitioner may appeal to the Supreme Court against a decision of the authority to cancel the practising certificate. (7) On an appeal under this section, the Supreme Court may make the order it considers appropriate.

97A Order for non-removal of name or non-cancellation of local practising certificate (1) If an Australian lawyer reasonably expects that the lawyer’s name will be removed from an interstate roll or that foreign regulatory action will be taken against the lawyer, the lawyer may apply to the Supreme Court for either or both of the following orders: (a) an order that the lawyer’s name not be removed from the local roll under section 94 (Peremptory removal of local lawyer’s name from local roll following removal in another jurisdiction) or section 96 (Show-cause procedure for removal of lawyer’s name from local roll following foreign regulatory action); (b) an order that the lawyer’s local practising certificate not be cancelled under section 95 (Peremptory cancellation of local practising certificate following removal of name from interstate roll). (2) The Supreme Court may make an order if satisfied that— (a) the lawyer’s name is likely to be removed from the interstate roll; and (b) the reason for its removal from the interstate roll will not involve disciplinary action or the possibility of disciplinary action. (3) An order under this section may be made subject to any conditions the Supreme Court considers appropriate and remains in force for the period stated in it. (4) The Supreme Court may revoke an order made under this section, and either or both of section 94 and section 95 (as relevant) then apply as if the lawyer’s name were removed from the interstate roll when the revocation takes effect. (5) This section does not affect action being taken in relation to the lawyer under other provisions of this Act.

98 Local authority may give information to other local authorities An ACT authority that receives information from an authority of another jurisdiction under provisions of a corresponding law that correspond to this part may give the information to other ACT authorities that have functions under this Act.

Preliminary—pt 2.6 Division 2.6.1 Part 2.6 Incorporated legal practices and Division 2.6.1 Preliminary—pt 2.6 99 Definitions—pt 2.6 legal practitioner director, of an incorporated legal practice, means a director of the legal practice who is an Australian legal practitioner holding an unrestricted practising certificate. legal practitioner partner, of a multidisciplinary partnership, means a partner of the partnership who is an Australian legal practitioner holding an unrestricted practising certificate. (2) In this part: corporation means— (a) a company within the meaning of the Corporations Act; or (b) any other corporation prescribed by regulation. director— (a) of a company within the meaning of the Corporations Act— means a director as defined in that Act, section 9; or (b) of any other corporation prescribed by regulation—means a person prescribed by regulation. officer— (a) of a company within the meaning of the Corporations Act— means an officer as defined in that Act, section 9; or (b) of any other corporation prescribed by regulation—means a person prescribed by regulation.

professional obligations, of an Australian legal practitioner, include— (a) duties to the Supreme Court; and (b) obligations in relation to conflicts of interest; and (c) duties to clients, including disclosure; and (d) ethical rules required to be observed by the practitioner.

100 Purposes—pt 2.6 The purposes of this part are— (a) to regulate the provision of legal services by corporations in the ACT; and (b) to regulate the provision of legal services in the ACT in conjunction with the provision of other services (whether by a corporation or people acting in partnership with each other).

101 Nature of incorporated legal practice (1) An incorporated legal practice is a corporation that engages in legal practice in the ACT, whether or not it also provides services that are not legal services. (2) However, a corporation is not an incorporated legal practice if— (a) the corporation does not receive any fee, gain or reward for the legal services it provides; or

(b) the only legal services that the corporation provides are any or all of the following services: (i) in-house legal services, namely, legal services provided to the corporation in relation to a proceeding or transaction to which the corporation (or a related body corporate) is a party; (ii) services that are not legally required to be provided by an Australian legal practitioner and that are provided by an officer or employee who is not an Australian legal (c) the corporation is a complying community legal centre; or (d) the corporation is a trustee company under the Trustee Companies Act 1947; or (e) the corporation is the public trustee and guardian; or (f) this part or a regulation provides that the corporation is not an (3) A regulation may make provision in relation to the application (with or without prescribed changes) of provisions of this Act to corporations that are not incorporated legal practices because of the operation of subsection (2). (4) This part does not affect or apply to the provision by an incorporated legal practice of legal services in 1 or more other jurisdictions.

102 Nonlegal services and businesses of incorporated legal (1) An incorporated legal practice may provide any service and conduct any business that the corporation may lawfully provide or conduct, except as provided by this section. (2) An incorporated legal practice (or a related body corporate) must not conduct a managed investment scheme. (3) A regulation may prohibit an incorporated legal practice (or a related body corporate) from providing a prescribed service or conducting a prescribed business.

103 Corporations eligible to be incorporated legal practices (1) Any corporation is, subject to this part, eligible to be an incorporated (2) This section does not authorise a corporation to provide legal services if the corporation is prohibited from doing so by any Act or law (whether of the Territory, the Commonwealth or any other jurisdiction) under which it is incorporated or its affairs are regulated. (3) An incorporated legal practice is not itself required to hold an Australian practising certificate.

104 Notice of intention of corporation to start providing legal services (1) Before a corporation starts to engage in legal practice in the ACT, the corporation must give the law society council written notice of its intention to engage in legal practice in the ACT. (2) A corporation commits an offence if— (a) it engages in legal practice in the ACT; and (b) it is in default of this section under subsection (3).

(3) A corporation that fails to comply with subsection (1) is in default of this section until it gives the law society council written notice of the failure to comply with that subsection and the fact that it has started to engage in legal practice. (4) The giving of a notice under subsection (3) does not affect a corporation’s liability under subsection (1) or (2). (5) A corporation is not entitled to recover any amount for anything the corporation did in contravention of subsection (2). (6) A person may recover from a corporation, as a debt owing to the person, any amount the person paid to or at the direction of the corporation for anything the corporation did in contravention of (7) An offence against subsection (2) is a strict liability offence. (8) This section does not apply to a corporation that is not an incorporated legal practice because of section 101 (2) (a), (b) or (d) (Nature of incorporated legal practice).

105 Prohibition on representations that corporation is incorporated legal practice etc (1) A corporation commits an offence if— (a) the corporation represents or advertises that the corporation is an incorporated legal practice in the ACT; and (b) the corporation has not given notice under section 104 (1) (Notice of intention of corporation to start providing legal services). (2) An offence against subsection (1) is a strict liability offence.

(3) A person commits an offence if— (a) the person is a director, officer, employee or agent of a corporation; and (b) the person represents or advertises that the corporation is an incorporated legal practice in the ACT; and (c) the corporation has not given notice under section 104 (1). (4) Subsection (3) does not apply if the person has a reasonable excuse. (5) A reference in this section to— (a) a corporation representing or advertising that the corporation is an incorporated legal practice; or (b) a person representing or advertising that a corporation is an incorporated legal practice; includes a reference to the corporation or person doing anything that states or implies that the corporation is entitled to engage in legal

106 Notice of corporation ceasing to engage in legal practice etc (1) A corporation commits an offence if— (a) the corporation ceases to engage in legal practice in the ACT as an incorporated legal practice; and (b) the corporation fails to give the law society council written notice of that fact within the period prescribed by regulation after the day it ceases to engage in legal practice in the ACT as (2) An offence against this section is a strict liability offence.

(3) A regulation may make provision in relation to deciding whether and when a corporation ceases to engage in legal practice in the ACT as

107 Incorporated legal practice must have legal practitioner director etc (1) An incorporated legal practice must have at least 1 legal practitioner director. (2) Each legal practitioner director of an incorporated legal practice is, for this Act only, responsible for the management of the legal services provided in the ACT by the incorporated legal practice. (3) Each legal practitioner director of an incorporated legal practice must ensure that appropriate management systems are implemented and maintained to enable the provision of legal services by the incorporated legal practice— (a) in accordance with the professional obligations of Australian legal practitioners and other obligations imposed under this Act; and (b) so that those obligations of Australian legal practitioners who are officers or employees of the practice are not affected by other officers or employees of the practice. (4) If it ought reasonably to be apparent to a legal practitioner director of an incorporated legal practice that the provision of legal services by the practice will result in breaches of the professional obligations of Australian legal practitioners or other obligations imposed under this Act, the director must take all reasonable action available to the director to ensure that— (a) the breaches do not happen; and (b) appropriate remedial action is taken in relation to breaches that do happen.

(5) This part does not affect the obligations or liabilities of a director of an incorporated legal practice under any other law. (6) The reference in subsection (1) to a legal practitioner director does not include a reference to a person who is not validly appointed as a director, but this subsection does not affect the meaning of the term legal practitioner director in other provisions of this Act.

108 Obligations of legal practitioner director relating to misconduct—incorporated legal practices (1) Each of the following can be unsatisfactory professional conduct or professional misconduct by a legal practitioner director: (a) unsatisfactory professional conduct or professional misconduct of an Australian legal practitioner employed by the incorporated legal practice; (b) conduct of any other director (other than an Australian legal practitioner) of the incorporated legal practice that adversely affects the provision of legal services by the practice; (c) the unsuitability of any other director (other than an Australian legal practitioner) of the incorporated legal practice to be a director of a corporation that provides legal services. (2) A legal practitioner director is not guilty of unsatisfactory professional conduct or professional misconduct under subsection (1) if the director establishes that the director took all reasonable steps to ensure that— (a) Australian legal practitioners employed by the incorporated legal practice did not engage in conduct or misconduct mentioned in subsection (1) (a); or (b) any other directors (other than Australian legal practitioners) of the incorporated legal practice did not engage in conduct mentioned in subsection (1) (b); or

(c) unsuitable directors (other than Australian legal practitioners) of the incorporated legal practice were not appointed or holding office as mentioned in subsection (1) (c). (3) A legal practitioner director of an incorporated legal practice must ensure that all reasonable action available to the legal practitioner director is taken to deal with any unsatisfactory professional conduct or professional misconduct of an Australian legal practitioner employed by the practice.

109 Incorporated legal practice without legal practitioner director (1) An incorporated legal practice commits an offence if— (a) it ceases to have any legal practitioner directors; and (b) it fails to tell the law society council as soon as possible, but no later than 7 days after the day it ceases to have any legal practitioner directors. (2) An incorporated legal practice commits an offence if it does not have any legal practitioner directors for a period of longer than 7 days. (3) Subsection (2) does not apply to an incorporated legal practice during any period during which a person holds an appointment under this section in relation to the practice. (4) An incorporated legal practice commits an offence if it provides legal services in the ACT during any period when, under subsection (5), it is in default of the director requirements under this section.

(5) An incorporated legal practice that does not have any legal practitioner directors for a period of longer than 7 days is taken to be in default of director requirements under this section for the period from the end of the 7-day period until— (a) it has at least 1 legal practitioner director; or (b) a person is appointed under this section or a corresponding law in relation to the practice. (6) The law society council may appoint an Australian legal practitioner who is an employee of the incorporated legal practice or someone else chosen by the council, in the absence of a legal practitioner director, to exercise the functions of a legal practitioner director under this part. (7) An Australian legal practitioner is not eligible to be appointed under this section unless the practitioner holds an unrestricted practising (8) The appointment under this section of a person to exercise functions of a legal practitioner director does not, for any other purpose, give the person any of the other functions of a director of the incorporated (9) A reference in this section to a legal practitioner director does not include a reference to a person who is not validly appointed as a director, but this subsection does not affect the meaning of the term legal practitioner director in other provisions of this Act.

110 Obligations and privileges of practitioners who are officers or employees of incorporated legal practices (1) An Australian legal practitioner who provides legal services on behalf of an incorporated legal practice in the capacity of an officer or employee of the practice— (a) is not excused from complying with professional obligations as an Australian legal practitioner, or any obligations as an Australian legal practitioner under any law; and

(b) does not lose the professional privileges of an Australian legal (2) For subsection (1) only, the professional obligations and professional privileges of a practitioner apply— (a) if there are 2 or more legal practitioner directors of an incorporated legal practice—as if the practice were a partnership of the legal practitioner directors and the employees of the practice were employees of the legal practitioner directors; or (b) if there is only 1 legal practitioner director of an incorporated legal practice—as if the practice were a sole practitioner and the employees of the practice were employees of the legal practitioner director. (3) The law relating to client legal privilege (or other legal professional privilege) is not excluded or otherwise affected because an Australian legal practitioner is acting in the capacity of an officer or employee of an incorporated legal practice. (4) The directors of an incorporated legal practice do not breach their duties as directors only because legal services are provided pro bono by an Australian legal practitioner employed by the practice.

111 Professional indemnity insurance—incorporated legal (1) An incorporated legal practice, and each insurable solicitor who is a legal practitioner director or an officer or employee of the practice, must comply with the obligations of an insurable solicitor under part 3.3 (Professional indemnity insurance) in relation to insurance policies and payments to or on account of an approved indemnity

(2) A solicitor who is an interstate legal practitioner and a legal practitioner director or an officer or employee of an incorporated legal practice, and who would be an insurable solicitor if the solicitor were a local practitioner, must be covered by professional indemnity insurance that— (a) covers legal practice in the ACT; and (b) is for at least the relevant amount inclusive of any legal costs arising from claims under the insurance; and (c) has been approved under, or complies with, any requirement of a corresponding law for the interstate practising certificate held by the practitioner. (3) If subsection (1) or (2) is not complied with, the law society council may— (a) for a legal practitioner director who holds a local practising certificate—suspend the director’s practising certificate while the failure continues; or (b) for a legal practitioner director who is an interstate legal (i) suspend the director’s entitlement under part 2.4 (Legal practice by Australian legal practitioners) to practise in the ACT while the failure to comply continues; and (ii) ask the corresponding authority in the practitioner’s home jurisdiction to suspend the director’s interstate practising certificate until the law society council tells the corresponding authority that this section has been complied with. (4) The insurance premiums or other amounts payable under part 3.3 (Professional indemnity insurance) by an incorporated legal practice may be decided by reference to the total number of solicitors employed by the practice and any other relevant matter.

(5) The law society council may, with the Attorney-General’s approval, decide that an amount is payable from an approved indemnity fund for the liability of an incorporated legal practice, and of the solicitors who are officers and employees of the practice, in relation to the provision of legal services. (6) The law society council may exempt an incorporated legal practice from this section on the grounds the council considers sufficient. approved indemnity fund means an indemnity fund approved by the law society council under section 315 (Approval of indemnity fund) in relation to an Australian legal practitioner who is a solicitor. insurable solicitor—see section 308. (a) if an amount is prescribed by regulation for section 72 (Professional indemnity insurance—interstate legal practitioners)—that amount; or

112 Conflicts of interest—incorporated legal practices (1) For the application of this Act or any other territory law relating to conflicts of interest to the conduct of an Australian legal practitioner (a) a legal practitioner director of an incorporated legal practice; or (b) an officer or employee of an incorporated legal practice; the interests of the practice or any related body corporate are also taken to be those of the practitioner (in addition to any interests that the practitioner has apart from this subsection).

(2) The legal profession rules may make provision in relation to additional duties and obligations in relation to conflicts of interest arising out of the conduct of an incorporated legal practice. Note Under s 110 (Obligations and privileges of practitioners who are officers or employees of incorporated legal practices), an Australian legal practitioner who is an officer or employee of an incorporated legal practice must comply with the same professional obligations as other

113 Disclosure obligations—incorporated legal practices (1) A person (the legal practitioner) commits an offence if— (a) someone else (the client) engages an incorporated legal practice to provide services (the required services) that the client might reasonably assume to be legal services; and (b) the practice provides services other than legal services in the ACT; and (c) the legal practitioner is— (i) a legal practitioner director of the practice; or (ii) an employee of the practice who is an Australian legal practitioner and provides the required services on behalf of the practice; and (d) the legal practitioner fails to ensure that a disclosure, complying with the requirements of this section, is made to the client in relation to the provision of the required services. (2) The disclosure must be made by giving the client a written notice— (a) setting out the services to be provided; and

(b) stating whether or not all the legal services to be provided will be provided by an Australian legal practitioner; and (c) if some or all of the legal services to be provided will not be provided by an Australian legal practitioner—identifying those services and indicating the status or qualifications of the people who will provide the services; and (d) stating that this Act applies to the provision of legal services but not to the provision of the nonlegal services. (3) A regulation may make provision in relation to the following matters: (a) how a disclosure must be made; (b) additional matters required to be disclosed in relation to the provision of legal services or nonlegal services by an (4) The additional matters may include the kind of services provided by the incorporated legal practice and whether the services are or are not covered by the insurance or other provisions of this Act. (5) A disclosure under this section to a person about the provision of legal services may relate to the provision of legal services once, more than once or on an ongoing basis.

114 Effect of nondisclosure on provision of certain services by incorporated legal practice (a) section 113 applies in relation to a service that is provided to a person who has engaged an incorporated legal practice to provide the service and that the person might reasonably assume to be a legal service; and (b) a disclosure has not been made under that section in relation to the service.

(2) The standard of care owed by the incorporated legal practice in relation to the service is the standard that would apply if the service had been provided by an Australian legal practitioner.

115 Application of legal profession rules to incorporated legal The legal profession rules, so far as they apply to Australian legal practitioners, also apply, with necessary changes, to Australian legal practitioners who are officers or employees of an incorporated legal practice, unless the rules otherwise provide.

116 Advertising requirements—incorporated legal practices (1) Any restriction imposed under this Act or any other Act in relation to advertising by Australian legal practitioners applies, with necessary changes, to advertising by an incorporated legal practice in relation to the provision of legal services. (2) If a restriction mentioned in subsection (1) is limited to a particular branch of the legal profession or for people who practise in a particular style of legal practice, the restriction applies only to the extent that the incorporated legal practice carries on business in that branch of the legal profession or in that style of legal practice. (3) Any advertisement of the kind mentioned in this section is, for the purposes of disciplinary proceedings taken against an Australian legal practitioner, taken to have been authorised by each legal practitioner director of the incorporated legal practice. (4) This section does not apply if the provision by which the restriction is imposed expressly excludes its application to incorporated legal practices.

117 Extension of vicarious liability relating to failure to account and dishonesty to incorporated legal practices etc (1) This section applies to a civil proceeding based on the vicarious liability of an incorporated legal practice if— (a) the proceeding relates to a failure to account for, pay or deliver money or property that was— (i) received by, or entrusted to, the practice (or to any officer or employee of the practice) in the course of the provision of legal services by the practice; and (ii) under the direct or indirect control of the practice; or (b) the proceeding is for any other debt owed, or damages payable, to a client because of a dishonest act or omission by an Australian legal practitioner who is an employee of the practice in relation to the provision of legal services to the client. (2) If the incorporated legal practice would not (apart from this section) be vicariously liable for any acts or omissions of its officers and employees in the proceeding, but would be liable for the acts or omissions if the practice and the officers and employees were carrying on business in partnership, the practice is taken to be vicariously liable for the acts or omissions.

118 Sharing of receipts, revenue or other income— (1) This Act does not prevent an Australian legal practitioner from sharing with an incorporated legal practice receipts, revenue or other income arising from the provision of legal services by the

(2) This section does not extend to the sharing of receipts, revenue or other income in contravention of section 119, and has effect subject to section 49 (Barristers—restrictions on engaging in legal practice etc).

119 Disqualified people—incorporated legal practices (1) An incorporated legal practice commits an offence if a disqualified person— (a) is an officer or employee of the incorporated legal practice (whether or not the person provides legal services) or is an officer or employee of a related body corporate; or (b) is a partner of the incorporated legal practice in a business that includes the provision of legal services; or (c) shares the receipts, revenue or other income arising from the provision of legal services by the incorporated legal practice; or (d) is engaged or paid in relation to the provision of legal services by the incorporated legal practice. (2) The failure of a legal practitioner director of an incorporated legal practice to ensure that the practice complies with subsection (1) can

120 Audit of incorporated legal practices (1) The law society council may conduct an audit of— (a) the compliance of an incorporated legal practice (and of its officers and employees) with the requirements of— (i) this part; or (ii) a regulation or the legal profession rules, so far as they relate specifically to incorporated legal practices; and

(b) the management of the provision of legal services by the incorporated legal practice (including the supervision of officers and employees providing the services). Note Section 107 (3) (Incorporated legal practice must have legal practitioner director etc) requires legal practitioner directors to ensure that appropriate management systems are implemented and maintained. (2) The law society council may appoint a suitably qualified person to conduct the audit. nominating the occupant of a position (see s 207). (3) The appointment may be made generally or in relation to a particular incorporated legal practice or a particular audit. (4) An audit may be conducted whether or not a complaint has been made against an Australian lawyer in relation to the provision of legal services by the incorporated legal practice. (5) A report of an audit of the incorporated legal practice— (a) must be given to the practice; and (b) may be given by the law society council to a corresponding authority; and (c) may be taken into account in relation to any disciplinary proceeding taken against a legal practitioner director or someone else or in relation to the grant, amendment, suspension or cancellation of Australian practising certificates. 121 Application of ch 6 to div 2.6.2 audits Chapter 6 (Investigations) applies to an audit under this division.

122 Banning of incorporated legal practices (1) On the application of the law society council, the Supreme Court may make an order disqualifying a corporation from providing legal services in the ACT for the period the court considers appropriate if (a) a ground for disqualifying the corporation under this section has been established; and (b) the disqualification is justified. (2) An order under this section in relation to a corporation may be made— (a) subject to conditions about the conduct of the corporation; or (b) subject to conditions about when or in what circumstances the order is to take effect; or (c) together with orders to safeguard the interests of clients or employees of the corporation. (3) Action may be taken against an incorporated legal practice on any of the following grounds: (a) that a legal practitioner director or an Australian legal practitioner who is an officer or employee of the practice has been found guilty of professional misconduct under an ACT law or a law of another jurisdiction; (b) that the law society council is satisfied, after conducting an audit of the practice, that the practice has failed to implement satisfactory management and supervision of its provision of legal services; (c) that the practice (or a related body corporate) has contravened section 102 (Nonlegal services and businesses of incorporated legal practices);

(d) that the practice has contravened section 119 (Disqualified people—incorporated legal practices); (e) that a person who is an officer of the practice, and who is the subject of an order under any of the following provisions, is acting in the management of the practice: (i) section 123 (Disqualification from managing incorporated legal practice) or a provision of a corresponding law that corresponds to that section; (ii) section 148 (Prohibition on multidisciplinary partnerships with certain partners who are not Australian legal practitioners) or a provision of a corresponding law that corresponds to that section. (4) If a corporation is disqualified under this section, the law society council that applied for the order must tell the regulator of every other (5) If a corporation is disqualified from providing legal services in another jurisdiction under a corresponding law, the law society council may decide that the corporation is taken to be disqualified from providing legal services in the ACT for the same period. (6) However, subsection (5) does not prevent the law society council from instead applying for an order under this section. (7) A corporation commits an offence if it provides legal services in contravention of an order under this section. (8) A corporation that is disqualified under this section stops being an

(9) Conduct of an Australian legal practitioner who provides legal services on behalf of a corporation in the capacity of an officer or employee of the corporation can be unsatisfactory professional conduct or professional misconduct if the practitioner ought reasonably to have known that the corporation is disqualified under (10) A regulation may make provision in relation to the publication and notification of orders made under this section, including notification of appropriate authorities of other jurisdictions. regulator, of another jurisdiction, means the entity that is the regulator of the jurisdiction under the corresponding law of the jurisdiction or, if there is no regulator under that law, the entity corresponding to the law society council under the corresponding law.

123 Disqualification from managing incorporated legal (1) The Supreme Court may, on the application of the law society council, make an order disqualifying a person from managing a corporation that is an incorporated legal practice for the period the court considers appropriate if satisfied that— (a) the person is a person who could be disqualified under a relevant Corporations Act provision from managing corporations; and (b) the disqualification is justified. (2) In subsection (1): relevant Corporations Act provision means any of the following provisions of the Corporations Act: • section 206C (Court power of disqualification—contravention of civil penalty provision)

• section 206D (Court power of disqualification—insolvency and non-payment of debts) • section 206E (Court power of disqualification—repeated contraventions of Act) • section 206F (ASIC’s power of disqualification). (3) On the application of a person subject to a disqualification order under this section, the Supreme Court may revoke the order. (4) A disqualification order made under this section has effect for this Act only and does not affect the application or operation of the Corporations Act. (5) A regulation may make provision in relation to the publication and notification of orders made under this section. (6) A person who is disqualified from managing a corporation under provisions of a corresponding law that correspond to this section is taken to be disqualified from managing a corporation under this

124 Disclosure of information to Australian Securities and Investments Commission (1) This section applies if the law society council, in exercising functions under this Act, acquired information about a corporation that is or was (2) The law society council may disclose to the Australian Securities and Investments Commission any information about the corporation that is relevant to the commission’s functions. (3) Information may be provided under subsection (2) despite any law relating to secrecy or confidentiality, including any provisions of this Act.

125 External administration proceedings under Corporations Act (1) This section applies to a proceeding in any court under the Corporations Act, chapter 5 (External administration)— (a) relating to a corporation that is a Chapter 5 body corporate under that Act and is or was an incorporated legal practice; or (b) relating to a corporation that is or was an incorporated legal practice becoming a Chapter 5 body corporate under that Act. (2) The law society council is entitled to intervene in the proceeding, (3) In exercising its jurisdiction in the proceeding, the court may have regard to the interests of the clients of the corporation who have been or are to be provided with legal services by the corporation. (4) Subsection (3) does not authorise the court to make any decision that is contrary to a specific provision of the Corporations Act. (5) The provisions of subsections (2) and (3) are declared to be Corporations legislation displacement provisions for the Corporations Act, section 5G (Avoiding direct inconsistency arising between the Corporations legislation and State and Territory laws) in relation to the provisions of that Act, chapter 5. Note Subsection (5) ensures that that any provision of the Corporations Act or with which s (2) and (3) would otherwise be inconsistent does not apply to the extent necessary to avoid the inconsistency.

126 External administration proceedings under other legislation (1) This section applies to a proceeding for the external administration (however expressed) of a corporation that is or was an incorporated legal practice, but does not apply to a proceeding to which section 125 (External administration proceedings under Corporations Act) (2) The law society council is entitled to intervene in the proceeding, (3) In exercising its jurisdiction in the proceedings, the court may have regard to the interests of the clients of the corporation who have been or are to be provided with legal services by the corporation. (4) Subsection (3) does not authorise the court to make any decision that is contrary to a specific provision of any legislation applying to the corporation.

127 Incorporated legal practice subject to receivership under this Act and external administration under Corporations Act (1) This section applies if a corporation that is or was an incorporated legal practice is the subject of both— (a) the appointment of a chapter 5 receiver; and (b) the appointment of a Corporations Act administrator. (2) The chapter 5 receiver is under a duty to tell the Corporations Act administrator of the appointment of the chapter 5 receiver, whether the appointment precedes, follows or happens at the same time as the appointment of the Corporations Act administrator.

(3) The chapter 5 receiver or the Corporations Act administrator (or both of them jointly) may apply to the Supreme Court for the resolution of issues arising from or in relation to the dual appointments and their respective powers, except if proceedings mentioned in section 125 (External administration proceedings under Corporations Act) have been started. (4) The Supreme Court may make any orders it considers appropriate, and no liability attaches to the chapter 5 receiver or the Corporations Act administrator for any act or omission done by the receiver or administrator honestly for the purpose of carrying out or acting in accordance with the orders. (5) The law society council is entitled to intervene in the proceeding, (6) The provisions of subsections (3) and (4) are declared to be Corporations legislation displacement provisions for the Corporations Act, section 5G (Avoiding direct inconsistency arising between the Corporations legislation and State and Territory laws) in relation to the provisions of that Act, chapter 5. Note Subsection (6) ensures that that any provision of the Corporations Act or with which s (3) and (4) would otherwise be inconsistent does not apply to the extent necessary to avoid the inconsistency. chapter 5 receiver means a receiver appointed under chapter 5. Corporations Act administrator means— (a) a receiver, receiver and manager, liquidator (including a provisional liquidator), controller, administrator or deed administrator appointed under the Corporations Act; or (b) a person who is appointed to exercise powers under that Act and who is prescribed by regulation for this definition.

128 Incorporated legal practice subject to receivership under this Act and external administration under other legislation (1) This section applies if a corporation that is or was an incorporated legal practice is the subject of both— (a) the appointment of a chapter 5 receiver; and (b) the appointment of an external administrator. (2) The chapter 5 receiver is under a duty to tell the external administrator of the appointment of the chapter 5 receiver, whether the appointment precedes, follows or happens at the same time as the appointment of the external administrator. (3) The chapter 5 receiver or the external administrator (or both of them jointly) may apply to the Supreme Court for the resolution of issues arising from or in relation to the dual appointments and their respective powers. (4) The Supreme Court may make any orders it considers appropriate, and no liability attaches to the chapter 5 receiver or the external administrator for any act or omission done by the receiver or administrator honestly for the purpose of carrying out or acting in accordance with the orders. (5) The law society council is entitled to intervene in the proceeding, chapter 5 receiver means a receiver appointed under chapter 5. external administrator means a person who is appointed to exercise powers under other legislation (whether or not ACT legislation) and who is prescribed by regulation for this definition.

129 Cooperation between courts—powers under pt 2.6 An ACT court may make arrangements for communicating and cooperating with other courts or tribunals in relation to the exercise of powers under this part.

130 Relationship of Act to constitution of incorporated legal The provisions of this Act that apply to a corporation that is or was an incorporated legal practice prevail, to the extent of any inconsistency, over the constitution or other constituent documents of the corporation.

131 Relationship of Act to legislation establishing (1) This section applies to a corporation that is established under a law (whether or not ACT legislation) and is or was an incorporated legal practice, but is not a company within the meaning of the Corporations Act. (2) The provisions of this Act that apply to a corporation that is or was an incorporated legal practice prevail, to the extent of any inconsistency, over provisions of the legislation under which the corporation is established or regulated that are prescribed by

132 Relationship of Act to Corporations legislation (1) A regulation may declare any provision of this Act that relates to a corporation that is or was an incorporated legal practice to be a Corporations legislation displacement provision for the Corporations Act, section 5G (Avoiding direct inconsistency arising between the Corporations legislation and State and Territory laws). Note 1 The declaration of a provision ensures that that any provision of the Corporations Act or the Australian Securities and Investment Commission Act 2001 (Cwlth) with which the provision would otherwise be inconsistent does not apply to the extent necessary to avoid the inconsistency. Note 2 This Act is defined in the dictionary. (2) A regulation may declare any matter relating to a corporation that is or was an incorporated legal practice, and that is prohibited, required, authorised or permitted under this Act, to be an excluded matter for the Corporations Act, section 5F in relation to— (a) all of the Corporations legislation; or (b) a stated provision of the Corporations legislation; or (c) the Corporations legislation other than a stated provision; or (d) the Corporations legislation otherwise than to a stated extent. matter includes act, omission, body, person or thing.

133 Undue influence—incorporated legal practices (a) the person causes or induces someone else to contravene this Act or the person’s professional obligations as an Australian legal practitioner; and

(b) the other person is— (i) a legal practitioner director of an incorporated legal (ii) another Australian legal practitioner who provides legal services on behalf of an incorporated legal practice. (2) This section applies to the person whether or not the person is an officer or employee of the incorporated legal practice.

134 Nature of multidisciplinary partnership (1) A multidisciplinary partnership is a partnership between 1 or more Australian legal practitioners and 1 or more other people who are not Australian legal practitioners, if the business of the partnership includes the provision of legal services in the ACT as well as other (2) However, a partnership consisting only of 1 or more Australian legal practitioners and 1 or more Australian-registered foreign lawyers is not a multidisciplinary partnership. (3) This part does not affect or apply to the provision by a multidisciplinary partnership of legal services in 1 or more other jurisdictions.

135 Conduct of multidisciplinary partnerships (1) An Australian legal practitioner may be in partnership with a person who is not an Australian legal practitioner, if the business of the partnership includes the provision of legal services.

(2) Subsection (1) does not prevent an Australian legal practitioner from being in partnership with a person who is not an Australian legal practitioner, if the business of the partnership does not include the provision of legal services. (3) A regulation may prohibit an Australian legal practitioner from being in partnership with a person providing a service or conducting a business of a prescribed kind, if the business of the partnership includes the provision of legal services. Note Contravention of a regulation is a ground for making a prohibition order under section 148 (Prohibition on multidisciplinary partnerships with certain partners who are not Australian legal practitioners).

136 Notice of starting practice in multidisciplinary partnership (a) the person is a legal practitioner partner of a multidisciplinary partnership; and (b) the person starts to provide legal services in the ACT as a member of the partnership; and (c) the person has not given written notice to the law society council of the person’s intention to start providing the legal services. (2) An offence against this section is a strict liability offence.

137 General obligations of legal practitioner partners— (1) Each legal practitioner partner of a multidisciplinary partnership is, for this Act only, responsible for the management of the legal services provided in the ACT by the partnership.

(2) Each legal practitioner partner must ensure that appropriate management systems are implemented and maintained to enable the provision of legal services by the multidisciplinary partnership— (a) in accordance with the professional obligations of Australian legal practitioners and the other obligations imposed by this Act; and (b) so that the professional obligations of legal practitioner partners and employees who are Australian legal practitioners are not affected by other partners and employees of the partnership.

138 Obligations of legal practitioner partner relating to misconduct—multidisciplinary partnerships (1) Each of the following can be unsatisfactory professional conduct or professional misconduct by a legal practitioner partner of a multidisciplinary partnership: (a) unsatisfactory professional conduct or professional misconduct of an Australian legal practitioner employed by the partnership; (b) conduct of any other partner (other than an Australian legal practitioner) of the partnership that adversely affects the provision of legal services by the partnership; (c) the unsuitability of any other partner (other than an Australian legal practitioner) of the partnership to be a member of a partnership that provides legal services. (2) A legal practitioner partner of a multidisciplinary partnership must ensure that all reasonable steps available to the partner is taken to deal with any unsatisfactory professional conduct or professional misconduct of an Australian legal practitioner employed by the partnership.

139 Actions of partner of multidisciplinary partnership who is not Australian legal practitioner (1) Unless a provision of this Act expressly applies to a partner of a multidisciplinary partnership who is not an Australian legal practitioner, the partner does not contravene the provision only because of any of the following: (a) the partner is a member of a partnership, if the business of the partnership includes the provision of legal services; (b) the partner receives any fee, gain or reward for business of the partnership that is the business of an Australian legal practitioner; (c) the partner holds out, advertises or represents themself as a member of a partnership, if the business of the partnership includes the provision of legal services; (d) the partner shares with any other partner the receipts of business of the partnership that is the business of an Australian legal

140 Obligations and privileges of practitioners who are partners or employees of multidisciplinary partnership (1) An Australian legal practitioner who provides legal services in the capacity of a partner or employee of a multidisciplinary partnership— (a) is not excused from complying with professional obligations as an Australian legal practitioner, or any other obligations as an Australian legal practitioner under any law; and

(b) does not lose the professional privileges of an Australian legal (2) The law relating to client legal privilege (or other legal professional privilege) is not excluded or otherwise affected because an Australian legal practitioner is acting in the capacity of a partner or an employee of a multidisciplinary partnership.

141 Conflicts of interest—multidisciplinary partnerships (1) For the application of this Act or any other territory law relating to conflicts of interest to the conduct of an Australian legal practitioner (a) a legal practitioner partner of a multidisciplinary partnership; or (b) an employee of a multidisciplinary partnership; the interests of the partnership or any partner of the partnership are also taken to be interests of the practitioner (in addition to any interests that the practitioner has apart from this subsection). (2) The legal profession rules may make provision in relation to additional duties and obligations in relation to conflicts of interest arising out of the conduct of a multidisciplinary partnership. Note Under s 140 (Obligations and privileges of practitioners who are partners or employees of multidisciplinary partnerships), an Australian legal practitioner who is a partner or employee of a multidisciplinary partnership must comply with the same professional obligations as other