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Legal Profession Act 2006
231Reporting certain irregularities etc
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231 Reporting certain irregularities etc
(1) A legal practitioner commits an offence if—
(a) the practitioner is an associate of a law practice; and
(b) the practitioner becomes aware that there is an irregularity in any
of the practice’s trust accounts or trust ledger accounts; and
(c) the practitioner fails, as soon as practicable after becoming
aware of the irregularity, to give written notice of the irregularity
to—
(i) the law society council; and
(ii) if a corresponding authority is responsible for the
regulation of the accounts—the corresponding authority.
(2) An Australian legal practitioner commits an offence if—
(a) the practitioner believes, on reasonable grounds, that there is an
irregularity in relation to the receipt, recording or disbursement
of any trust money received by a law practice; and
(b) the practitioner is not an associate of the practice; and
(c) the practitioner fails, as soon as practicable after forming the
belief, to give written notice of it to—
(i) the law society council; and
(ii) if a corresponding authority is responsible for the
regulation of the accounts relating to the trust money—the
corresponding authority.
(3) The validity of a requirement imposed on an Australian legal
practitioner under subsection (1) or (2) is not affected, and the
practitioner is not excused from complying with subsection (1) or (2),
on the ground that giving the notice may tend to incriminate the
validity of certain requirements etc) contains a similar provision in
relation to client legal privilege and duties of confidence.
(4) An Australian legal practitioner is not liable for any loss or damage
suffered by someone else because of the practitioner’s compliance
with subsection (1) or (2).