ACTIn ForceAct
Legal Profession Act 2006
111Professional indemnity insurance—incorporated legal
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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