Legal Profession Act 2007

The Act binds Australian legal practitioners (local and interstate), Australian lawyers (local and interstate), government legal officers, principals of law practices, legal practitioner associates, lay associates, incorporated legal practices and their legal practitioner directors, multi-disciplinary partnerships, the Legal Services Commissioner, the law society, the bar association, the Brisbane registrar, the Supreme Court of Queensland, the Queensland Civil and Administrative Tribunal, the Legal Practice Committee, supervisors, managers, and receivers appointed under Chapter 5, and persons who deal with law practices including authorised deposit-taking institutions and clients.

Reservation of legal practice (sections 24 and 25). Engaging in legal practice without authority is an offence (300 penalty units or 2 years imprisonment). The same applies to representing or advertising entitlement (section 25).

Lay associate disclosure (section 26). A disqualified person or a person convicted of a serious offence must not seek to become a lay associate of a law practice without first informing the law practice (200 penalty units).

Notification of removal from interstate roll (section 99). A local lawyer whose name has been removed from an interstate roll must give the Brisbane registrar written notice (100 penalty units). Section 100 imposes a parallel notification obligation about suspensions and cancellations of interstate practising certificates within 7 days.

Confidentiality of suitability reports (section 92). A member, officer, employee, or agent of a relevant authority must not disclose a suitability report or information in one (200 penalty units).

Trust money obligations (sections 247 to 255). Keep a general trust account (100 penalty units, section 247); deposit promptly (100 penalty units, section 248); hold exclusively, disburse only as authorised, and account in the way prescribed (50 penalty units each, section 249); withdraw only by authorised method (50 penalty units, section 250); deal with controlled money under written direction (50 penalty units each, section 251); follow specific rules for transit money, money subject to specific powers, and cash receipts.

Compliance with conditions of practising certificates (sections 58, 73). A practitioner must comply with conditions imposed under sections 52 to 55. Section 73(3) imposes a 50 penalty unit offence for failure to comply with an information requirement, unless the holder has a reasonable excuse.

Professional indemnity for interstate practitioners (section 74). Section 74(1) imposes a 300 penalty unit or 2 years imprisonment offence for an interstate legal practitioner who engages in legal practice in Queensland without complying with the requirement, unless within the section 74(3) exception. Section 74(3) lets a government legal officer practise without practitioner-level insurance if covered by an indemnity or immunity provided by law or government policy.

Compliance with external intervention notices (sections 501, 507, 514, 518, 520). A range of 100 penalty unit offences attach to dealing with property after notice of an external intervener's appointment, failing to deliver regulated property, and refusing reasonable help.

Complaints, investigations, and procedural offences (Chapter 6 and Chapter 7). Investigators have entry, warrant, seizure, and information powers. False statements, false documents, obstruction, and impersonation are 100 penalty unit offences (sections 565 to 568). Equivalent offences attach in the Chapter 7 institutional regime (sections 650, 653, 656, 656D), at 100 to 200 penalty units, including for failing to attend a committee or tribunal as required.

Legal Services Commissioner. Functions under section 590 include receiving complaints, conducting investigations, deciding to start tribunal proceedings, mediating consumer disputes, and overseeing the regulatory framework. Discretionary powers include summary dismissal under section 432, withdrawal under section 433, delay under section 434, referral to the law society or bar association under section 435, and referral of costs for assessment under section 444.

Supreme Court of Queensland. The court retains inherent jurisdiction (section 13) and has statutory jurisdiction conferred by section 14. Appeals to the Supreme Court attract the appeal period in section 15. The Supreme Court has the role in admissions under section 35 and is the ultimate disciplinary forum on appeal.

Tribunal. The tribunal has discipline jurisdiction in respect of Australian legal practitioners (section 456) and law practice employees (section 425). Its constitution under section 598 includes panels under section 599.

Law society and bar association. Under sections 53, 439, and the regulator-authority sections, these bodies exercise statutory functions including conditioning practising certificates, contributing to investigations, and acting as regulatory authorities for solicitors and barristers.

External intervention powers (Chapter 5). Section 499 gives the appointment power for supervisors. Section 505 covers managers. Section 512 covers receivers. Sections 517 to 521 give receivers extensive powers to take possession of regulated property, deal with regulated property, require documents and information, and conduct examinations.

Tribunal hearings and procedural orders (sections 650, 656D). The tribunal and the Legal Practice Committee may make non-publication orders, with 200 penalty unit offences for contravention.

The penalty stack reflects gravity:

• 300 penalty units or 2 years imprisonment. Unauthorised legal practice (section 24); unauthorised representation or advertising of entitlement (section 25); unauthorised practice by interstate legal practitioner without insurance (section 74).
• 200 penalty units. Lay associate disclosure failure (section 26); confidentiality breach (section 92); various notification failures (sections 100, 101); examinations refusal (section 521); concealing regulated property (section 525); contravening tribunal or committee orders (sections 650, 653, 656, 656D); disclosure of information by commissioner or others (section 705).
• 100 penalty units. Most trust account base obligations (sections 247, 248); managers, receivers, and ADIs notice obligations (sections 501, 507, 514, 518, 520); investigator support obligations (sections 542, 543, 553); standard investigator-regime offence suite (sections 557, 565, 566, 567, 568); notification obligations (section 99).
• 50 penalty units. Granular trust account compliance (sections 249, 250, 251); investigation cost compliance (section 443); document return for sale (section 713).
• 10 penalty units. Identity-card style offence in Chapter 6.

Enforcement is layered: the Legal Services Commissioner runs complaints and investigations; the law society and bar association have parallel administrative roles; the tribunal hears and decides disciplinary applications; the Supreme Court is the inherent jurisdiction forum and the appellate forum. Section 708 makes offences against the Act summary offences. Section 709 imposes a limitation period on the start of summary proceedings.

Admission. Application is made under section 34. The Brisbane registrar processes applications. The board considers eligibility and suitability under section 40. The Supreme Court admits under section 35.

Practising certificates. Application under section 49, manner under section 50. Grant or renewal under section 51. Conditions under sections 52 to 55. Statutory conditions on offences notification under section 57 require disclosure within prescribed time.

Notification windows. Section 100(2) requires notice to the Brisbane registrar "as soon as practicable (but not more than 7 days) after the local lawyer is given notice of the action or otherwise becomes aware of it" for interstate disciplinary action. Section 101 mirrors this for relevant regulatory authorities.

Complaints (Chapter 4). Section 430 deals with complaints made over 3 years after the conduct concerned. Section 432 allows summary dismissal. Section 437 requires the commissioner to notify the respondent. Section 450 imposes a duty to deal with complaints efficiently and expeditiously. Section 451 imposes a duty to inform the complainant. Section 452 starts the tribunal proceeding.

External intervention (Chapter 5). Sections 500, 506, 513 govern notice of appointment. Sections 504, 511, 527 govern termination. Section 537 governs lien for costs. Section 539 governs report on intervention.

Investigations (Chapter 6). Sections 547 to 551 govern application for warrant, issue of warrant, application by electronic communication, defects, and procedure before entry. Section 561 governs return of seized things. Section 562 governs access. Section 564 governs compensation.

The Act interacts heavily with:

• Judiciary Act 1903 (Cth). Through sections 55B, 55C, 55E, 55F, 55G, the federal entitlement to practise depends on State legislation conferring an entitlement to practise; Deputy Commissioner of Taxation v Clear Blue Developments Pty Ltd [2010] FCA 1224 (paragraph 22 to 38 of the reasons) treats sections 12, 23, 24, 44, and 74 of the Act as the essential gateway provisions for federal court practice in Queensland.
• Acts Interpretation Act 1954 (Qld). Section 723 records that section 20 of the Acts Interpretation Act 1954 is not limited.
• Legal Profession Act 2004 (Qld). Chapter 9 (sections 716 to 745) carries forward arrangements made under the predecessor Act.
• Trust Accounts Act 1973 (Qld). Section 727 continues the application of the Trust Accounts Act 1973 in transitional circumstances.
• Queensland Law Society Act 1952 (Qld). Section 736 deals with failures to comply with the Queensland Law Society Act 1952 after commencement and before a relevant day.
• Queensland Civil and Administrative Tribunal Act 2009 (Qld). Chapter 7 Part 7.2 builds the tribunal jurisdiction on QCAT.
• Justice and Other Legislation Amendment Act 2013. Section 779 applies amendments made by that Act.
• Corresponding laws in other States and Territories. Sections 400 to 411 build a cooperative inter-jurisdictional fidelity fund regime.
• Government Owned Corporations Act 1993 (Qld). Through the government legal officer regime in section 12.

• Government legal officers can practise without a local practising certificate, but only when "engaged in government work." Section 44(2) gives the entitlement; section 12 defines the boundaries. Outside that framework, the person needs a practising certificate.
• Interstate legal practitioners need indemnity that covers Queensland practice. Section 74 is strict, with the carve-out in section 74(3) limited to government legal officers with a law-or-policy indemnity or immunity. Deputy Commissioner of Taxation v Clear Blue (paragraph 38 of the stored reasons) treats this as a hard precondition: in the absence of evidence of indemnity, the Federal Court was not satisfied the interstate legal practitioner was entitled to practise in Queensland.
• Section 24 is a strict liability prohibition with serious penalties. It applies to the act of engaging in legal practice, regardless of how the person describes themselves. Contracting around the prohibition is impossible.
• Section 26 catches indirect lay associations. Disqualified persons and persons convicted of serious offences must give written notice before becoming a lay associate. Innocent corporate or contractor arrangements can attract this requirement.
• Trust money rules attach 50 to 100 penalty units to granular operational steps. A single non-compliance (deposit timing, withdrawal method, written direction record) is an offence per occurrence.
• Section 246 absolutely bars barristers from receiving trust money. There is no general "in lieu" or "with the client's consent" exception.
• Notification of interstate disciplinary action runs on a 7 day clock. Sections 100 and 101 specify "as soon as practicable (but not more than 7 days)" after the lawyer is given notice or becomes aware.
• Conduct prior to the Act may still attract discipline. Section 724 lets pre-commencement acts and omissions count for proceedings about post-commencement acts.
• The Legal Profession Uniform Law has not been adopted in Queensland. This Act remains the operative regime even where neighbouring jurisdictions operate the Uniform Law; cross-border issues run through corresponding-law machinery, not single-statute equivalence.

Example 1: a Sydney solicitor appearing in a Queensland matter. Without a Queensland local practising certificate or compliance with the section 74 insurance requirement, an interstate legal practitioner who engages in legal practice in Queensland commits an offence under section 24 read with section 74. If the practitioner is a government legal officer engaged in government work, section 44(2) and section 74(3) provide an alternative pathway, but the indemnity-or-immunity element of section 74(3)(c) is essential. As Logan J held in Deputy Commissioner of Taxation v Clear Blue Developments [2010] FCA 1224 at paragraph 38 of the reasons, the absence of evidence of indemnity meant the practitioner was not entitled to practise.

Example 2: receiving cash trust money. Section 255 governs trust money received in the form of cash. Section 247 requires a general trust account in Queensland. Section 248 requires deposit "as soon as practicable" after receipt. A failure on each step is independently an offence at 100 penalty units.

Example 3: dealing with a pending complaint. A complaint about conduct more than 3 years ago will be tested under section 430. The commissioner may dismiss summarily under section 432. If accepted, section 437 requires notification of the respondent. Mediation may be available for hybrid complaints under section 442. The investigation runs under section 436 with the powers in section 443. Tribunal proceedings begin under section 452.

Example 4: an incorporated legal practice loses its only legal practitioner director. Section 117 requires an incorporated legal practice to have at least one legal practitioner director, who is responsible for the management of the legal services provided in Queensland. Loss of the director triggers immediate compliance obligations and may invite regulatory action under Chapter 4 or external intervention under Chapter 5.

Example 5: trust account failure. When a law practice's trust money is at risk, the commissioner or other relevant body may decide on external intervention under section 498. Under section 499, a supervisor of trust money may be appointed. Under sections 500 and 501, notice of appointment has immediate effect. The supervisor's role is set in section 502. Records and accounts are dealt with under section 503. Termination is under section 504. If the situation deteriorates, escalation to a manager (section 505) or a receiver (section 512) is available, with the receiver's powers in sections 517 to 521.

Example 6: a search warrant under Chapter 6. An investigator may apply for a warrant under section 547. The issue of the warrant is governed by section 548. Application by electronic communication and duplicate warrants are governed by section 549. A defect does not invalidate the warrant under section 550. Procedure before entry is set in section 551. Compensation for damage is dealt with under section 564.