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Legal Profession Act 2006
577Functions of law society council
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577 Functions of law society council
(1) In addition to its other functions, the law society council has the
following functions:
(a) to take any step it considers necessary or proper for or in relation
to the investigation under this Act of any question about—
(i) the conduct of a solicitor; or
(ii) the conduct of anyone who is or was employed by a
solicitor in relation to the solicitor’s practice as a solicitor;
or
(iii) conduct that is, or may be, a contravention of part 2.2
(Reservation of legal work and legal titles); or
(iv) conduct that is, or may be, a contravention of part 2.7
(Legal practice—foreign lawyers);
(b) to appear by barrister or solicitor before, and be heard by, the
Supreme Court in the exercise of a function of the Supreme
Court under this Act or otherwise in relation to a solicitor or
locally-registered foreign lawyer registered by the law society
council;
(c) to start proceedings for breaches of provisions of this Act;
(d) to appear by barrister or solicitor before, and be heard by, any
court in any matter affecting the law society or its members or
in which the law society is concerned or interested;
(e) to recover as a debt owing to the law society any amount payable
to the law society under this Act;
(f) to distribute information to increase public awareness of the
requirements of this Act and the Corporations Act in relation to
solicitors who negotiate the making of or act in relation to
regulated mortgages within the meaning of part 3.5 (Mortgage
practices and managed investment schemes) or are involved in
managed investment schemes;
(g) to exercise any other function given to the law society council
under this Act or any other territory law.
Note A provision of a law that gives an entity (including a person) a function
also gives the entity powers necessary and convenient to exercise the
function (see Legislation Act, s 196 and dict, pt 1, def entity).
(2) The law society council may delegate the council’s functions under
this Act to—
(a) a committee of the council; or
(b) to a member of the staff of the law society.
Note For the making of delegations and the exercise of delegated functions,
see the Legislation Act, pt 19.4.
(3) In this section, a reference to a solicitor (other than for the law society
council appearing before or being heard by a court) is a reference to—
(a) an Australian legal practitioner to whom chapter 4 (Complaints
and discipline) applies and who is not, or was not, the holder of
a barrister practising certificate; or
(b) an Australian-registered foreign lawyer to whom chapter 4
applies and who is not, or was not, the holder of a barrister
Preliminary Division 8.3.1