sec.123Disclosure obligations

### sec.123 Disclosure obligations This section applies if a person engages an incorporated legal practice to provide services that the person might reasonably assume to be legal services, but does not apply if the practice provides only legal services in this jurisdiction. Each legal practitioner director of the incorporated legal practice, and any employee who is an Australian legal practitioner and who provides the services for the practice, must ensure that a disclosure, complying with the requirements of this section and a regulation, is made for this section to the person about the services. Maximum penalty—100 penalty units. The disclosure must be made by giving the person a written notice— setting out the services to be provided; and stating whether or not all the legal services will be provided by an Australian legal practitioner; and if some or all of the legal services to be provided will not be provided by an Australian legal practitioner—identifying those services and indicating the status or qualifications of the person or persons who will provide the legal services; and stating that this Act applies to the provision of legal services but not to the provision of the non-legal services. A regulation may provide for the following matters— the way in which a disclosure is to be made; additional matters required to be disclosed in connection with the provision of legal services or non-legal services by an incorporated legal practice. Without limiting subsection (4) , the additional matters may include the kind of services provided by the incorporated legal practice and whether those services are or are not covered by the provisions of this Act, including, for example, provisions about insurance. A disclosure under this section to a person about the provision of legal services may relate to the provision of legal services on 1 occasion, on more than 1 occasion or on an on-going basis. (sec.123-ssec.1) This section applies if a person engages an incorporated legal practice to provide services that the person might reasonably assume to be legal services, but does not apply if the practice provides only legal services in this jurisdiction. (sec.123-ssec.2) Each legal practitioner director of the incorporated legal practice, and any employee who is an Australian legal practitioner and who provides the services for the practice, must ensure that a disclosure, complying with the requirements of this section and a regulation, is made for this section to the person about the services. Maximum penalty—100 penalty units. (sec.123-ssec.3) The disclosure must be made by giving the person a written notice— setting out the services to be provided; and stating whether or not all the legal services will be provided by an Australian legal practitioner; and if some or all of the legal services to be provided will not be provided by an Australian legal practitioner—identifying those services and indicating the status or qualifications of the person or persons who will provide the legal services; and stating that this Act applies to the provision of legal services but not to the provision of the non-legal services. (sec.123-ssec.4) A regulation may provide for the following matters— the way in which a disclosure is to be made; additional matters required to be disclosed in connection with the provision of legal services or non-legal services by an incorporated legal practice. (sec.123-ssec.5) Without limiting subsection (4) , the additional matters may include the kind of services provided by the incorporated legal practice and whether those services are or are not covered by the provisions of this Act, including, for example, provisions about insurance. (sec.123-ssec.6) A disclosure under this section to a person about the provision of legal services may relate to the provision of legal services on 1 occasion, on more than 1 occasion or on an on-going basis. - (a) setting out the services to be provided; and - (b) stating whether or not all the legal services will be provided by an Australian legal practitioner; and - (c) if some or all of the legal services to be provided will not be provided by an Australian legal practitioner—identifying those services and indicating the status or qualifications of the person or persons who will provide the legal services; and - (d) stating that this Act applies to the provision of legal services but not to the provision of the non-legal services. - (a) the way in which a disclosure is to be made; - (b) additional matters required to be disclosed in connection with the provision of legal services or non-legal services by an incorporated legal practice.