ACTIn ForceAct
Legal Profession Act 2006
252Reports, records and information by ADIs
Start here
Get a plain-English read of 252
Turn the raw legal text into a practical explanation grounded in Legal Profession Act 2006.
252 Reports, records and information by ADIs
(1) An ADI commits an offence if—
(a) a trust account is kept with the ADI; and
(b) the ADI becomes aware of a deficiency in the account; and
(c) the ADI fails to report the deficiency to the law society council
as soon as practicable after becoming aware of the deficiency.
(2) An ADI commits an offence if—
(a) a trust account is kept with the ADI; and
(b) the ADI has reason to believe that an offence has been
committed in relation to the account; and
(c) the ADI fails to report the belief to the law society council as
soon as practicable after forming it.
(3) An ADI commits an offence if it fails to give the law society council
a report required by regulation about a trust account as required by
the regulation.
(4) An ADI commits an offence if—
(a) a trust account is kept with the ADI by a law practice; and
(b) an investigator or external examiner produces to the ADI
evidence of the appointment of the investigator or external
examiner in relation to the practice; and
(c) the investigator or external examiner requires the ADI—
(i) to produce for inspection or copying by the investigator or
external examiner any records relating to the trust account
or trust money deposited in the trust account; or
(ii) to give the investigator or external examiner details of any
transactions relating to the trust account or trust money;
and
(6) Subsections (1) to (4) apply despite any legislation or duty of
confidence to the contrary.
(7) An ADI or an officer or employee of an ADI is not liable for any loss
or damage suffered by someone else because of—
(a) the reporting of a deficiency under subsection (1); or
(b) the making or giving of a report under subsection (2) or (3); or
(c) the producing of records, or the giving of details, under
subsection (4).