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Legal Profession Act 2006
390Practitioners to whom ch 4 applies
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390 Practitioners to whom ch 4 applies
(1) This chapter applies to an Australian legal practitioner in relation to
conduct to which this chapter applies.
(2) This chapter applies—
(a) whether or not the Australian legal practitioner is a local lawyer;
and
(b) whether or not the practitioner holds a local practising
(c) whether or not the practitioner holds an interstate practising
(d) whether or not the practitioner lives or has an office in the ACT;
and
(e) whether or not the person making a complaint about the conduct
lives, works or has an office in the ACT.
(3) However, this chapter does not apply to the following people:
(a) a judicial officer;
(b) a justice of the High Court;
(c) a judge of a court created by a Commonwealth Act;
Application of ch 4 Division 4.1.3
(d) a judge of a court, or a judicial member of a tribunal, of a State
or another Territory.
(4) A provision of this Act or any other Act that protects a person from
any action, liability, claim or demand in relation to any act or
omission of the person does not affect the application of this chapter
to the person in relation to the act or omission.
(5) For this chapter, conduct of an Australian legal practitioner in the
exercise of a function as an arbitrator is conduct happening in
connection with the practice of law.
(6) However, conduct in relation to any justiciable aspect of decision-
making by an arbitrator is not conduct happening in connection with
the practice of law for this chapter.
(7) For this chapter, conduct of an Australian legal practitioner is not
conduct happening in connection with the practice of law to the extent
that it is conduct engaged in the exercise of an executive or
administrative function under an Act as—
(a) a government employee or statutory office-holder; or
(b) a council or a member, officer or employee of a council.
government employee means a person employed in a government
agency.
judicial officer—see the Judicial Commissions Act 1994, dictionary.