sec.231Rules other than legal profession rules

### sec.231 Rules other than legal profession rules To the extent a regulatory authority does not have power under another Act or otherwise to make rules for a matter mentioned in subsection (2) or (3) and no provision under another Act prevents rules being made about the matter, the regulatory authority may make rules about the matter that apply to— Australian legal practitioners, including interstate legal practitioners practising in this jurisdiction; and if the regulatory authority is the law society—an incorporated legal practice, a multi-disciplinary partnership or Australian-registered foreign lawyers. The matters about which a regulatory authority may make rules are as follows— types of practising certificates that the regulatory authority may grant or renew; the courses of study that an Australian lawyer is required to complete for different types of practising certificates, including, for example— a practising certificate by the law society for unsupervised legal practice or for practice as a principal; or a practising certificate by the bar association for practice as a barrister; matters relating to the courses of study mentioned in paragraph (b) including enrolment procedures, fees payable, minimum course attendance requirements, examinations, assessments and procedures for the review of assessments, and appeals against assessments; exempting, indefinitely or for a particular period, a person who applies for a type of practising certificate from the requirement to have completed a course of study for the type, as mentioned in paragraph (b) , given the length and nature of the person’s experience in legal practice; requiring a local legal practitioner to undertake education or training for the purpose of continuing professional development as a condition for the grant or renewal of a type of practising certificate; the nature of, and the standards for, education or training required under paragraph (e) , and by whom and when it may be provided; exempting, in whole or part, a local legal practitioner from a requirement to undertake education or training required under paragraph (e) ; exempting a person who applies for the grant or renewal of a practising certificate from requirements under section 56 to complete supervised legal practice or reducing the required period of supervised legal practice; approved forms to be used for an application to the regulatory authority and the way an approved form is to be given to the authority, including the time for giving the form to it; setting fees, contributions and levies, other than levies imposed by the law society as mentioned in section 369 , the payment of the fees, contributions and levies including the levies imposed by the law society under that section, and other matters relating to payments, including the timing and way of making payments; other matters that may be approved by the regulatory authority under this Act; matters relating to indemnity against loss arising from claims in relation to every description of civil liability incurred by any of the following— a local legal practitioner in connection with the practitioner’s practice or in connection with any trust of which the practitioner is or was a trustee; a former local legal practitioner, including a person who was a solicitor at any time before the commencement of this section, in connection with the practitioner’s practice or in connection with any trust of which the practitioner is or was a trustee; an incorporated legal practice in connection with it engaging in legal practice in this jurisdiction or in connection with any trust of which it, or 1 of its associates, is or was a trustee; an incorporated legal practice in connection with it formerly engaging in legal practice in this jurisdiction or in connection with any trust of which it, or 1 of its associates, is or was a trustee; an Australian-registered foreign lawyer in connection with the lawyer’s practice of foreign law in this jurisdiction or in connection with any trust of which the lawyer is or was a trustee; a former Australian-registered foreign lawyer in connection with the lawyer’s practice of foreign law in this jurisdiction or in connection with any trust of which the lawyer is or was a trustee. Without limiting subsection (2) (j) , a regulatory authority may make rules setting fees for assessing an application for an exemption mentioned in subsection (2) (d) , (g) or (h) . Rules about a matter mentioned in subsection (2) or (3) are administration rules , whether or not the rules are made— under this section; or if the regulatory authority has power under another Act or otherwise to make the rules for the matter—under that other Act or otherwise. Administration rules about a matter mentioned in subsection (2) (l) are indemnity rules . This division does not affect a regulatory authority’s power under another Act or otherwise to make rules but rules made under another Act or otherwise that are administration rules are taken to be made under this Act. If a provision of this Act provides that the right to engage in legal practice is subject to provisions under this Act, the right of practice is subject to relevant administration rules. To remove any doubt, it is declared that administration rules are statutory instruments under the Statutory Instruments Act 1992 . Under the Statutory Instruments Act 1992 , sections 24 and 25 , administration rules may provide for a fee in relation to specified exceptions and factors or different persons or matters. Rules made under subsection (2) (b) or (f) must allow for the provision of educational or training programs to be open to all service providers meeting a standard approved by the regulatory authority. Rules made under subsection (2) about education or training for the purpose of continuing professional development must have— sufficient regard to opportunities for participation by legal practitioners in rural and regional areas; and provisions for exemptions having regard to hardship. s 231 amd 2020 No. 15 s 139 (sec.231-ssec.1) To the extent a regulatory authority does not have power under another Act or otherwise to make rules for a matter mentioned in subsection (2) or (3) and no provision under another Act prevents rules being made about the matter, the regulatory authority may make rules about the matter that apply to— Australian legal practitioners, including interstate legal practitioners practising in this jurisdiction; and if the regulatory authority is the law society—an incorporated legal practice, a multi-disciplinary partnership or Australian-registered foreign lawyers. (sec.231-ssec.2) The matters about which a regulatory authority may make rules are as follows— types of practising certificates that the regulatory authority may grant or renew; the courses of study that an Australian lawyer is required to complete for different types of practising certificates, including, for example— a practising certificate by the law society for unsupervised legal practice or for practice as a principal; or a practising certificate by the bar association for practice as a barrister; matters relating to the courses of study mentioned in paragraph (b) including enrolment procedures, fees payable, minimum course attendance requirements, examinations, assessments and procedures for the review of assessments, and appeals against assessments; exempting, indefinitely or for a particular period, a person who applies for a type of practising certificate from the requirement to have completed a course of study for the type, as mentioned in paragraph (b) , given the length and nature of the person’s experience in legal practice; requiring a local legal practitioner to undertake education or training for the purpose of continuing professional development as a condition for the grant or renewal of a type of practising certificate; the nature of, and the standards for, education or training required under paragraph (e) , and by whom and when it may be provided; exempting, in whole or part, a local legal practitioner from a requirement to undertake education or training required under paragraph (e) ; exempting a person who applies for the grant or renewal of a practising certificate from requirements under section 56 to complete supervised legal practice or reducing the required period of supervised legal practice; approved forms to be used for an application to the regulatory authority and the way an approved form is to be given to the authority, including the time for giving the form to it; setting fees, contributions and levies, other than levies imposed by the law society as mentioned in section 369 , the payment of the fees, contributions and levies including the levies imposed by the law society under that section, and other matters relating to payments, including the timing and way of making payments; other matters that may be approved by the regulatory authority under this Act; matters relating to indemnity against loss arising from claims in relation to every description of civil liability incurred by any of the following— a local legal practitioner in connection with the practitioner’s practice or in connection with any trust of which the practitioner is or was a trustee; a former local legal practitioner, including a person who was a solicitor at any time before the commencement of this section, in connection with the practitioner’s practice or in connection with any trust of which the practitioner is or was a trustee; an incorporated legal practice in connection with it engaging in legal practice in this jurisdiction or in connection with any trust of which it, or 1 of its associates, is or was a trustee; an incorporated legal practice in connection with it formerly engaging in legal practice in this jurisdiction or in connection with any trust of which it, or 1 of its associates, is or was a trustee; an Australian-registered foreign lawyer in connection with the lawyer’s practice of foreign law in this jurisdiction or in connection with any trust of which the lawyer is or was a trustee; a former Australian-registered foreign lawyer in connection with the lawyer’s practice of foreign law in this jurisdiction or in connection with any trust of which the lawyer is or was a trustee. (sec.231-ssec.3) Without limiting subsection (2) (j) , a regulatory authority may make rules setting fees for assessing an application for an exemption mentioned in subsection (2) (d) , (g) or (h) . (sec.231-ssec.4) Rules about a matter mentioned in subsection (2) or (3) are administration rules , whether or not the rules are made— under this section; or if the regulatory authority has power under another Act or otherwise to make the rules for the matter—under that other Act or otherwise. (sec.231-ssec.5) Administration rules about a matter mentioned in subsection (2) (l) are indemnity rules . (sec.231-ssec.6) This division does not affect a regulatory authority’s power under another Act or otherwise to make rules but rules made under another Act or otherwise that are administration rules are taken to be made under this Act. If a provision of this Act provides that the right to engage in legal practice is subject to provisions under this Act, the right of practice is subject to relevant administration rules. (sec.231-ssec.7) To remove any doubt, it is declared that administration rules are statutory instruments under the Statutory Instruments Act 1992 . Under the Statutory Instruments Act 1992 , sections 24 and 25 , administration rules may provide for a fee in relation to specified exceptions and factors or different persons or matters. (sec.231-ssec.8) Rules made under subsection (2) (b) or (f) must allow for the provision of educational or training programs to be open to all service providers meeting a standard approved by the regulatory authority. (sec.231-ssec.9) Rules made under subsection (2) about education or training for the purpose of continuing professional development must have— sufficient regard to opportunities for participation by legal practitioners in rural and regional areas; and provisions for exemptions having regard to hardship. - (a) Australian legal practitioners, including interstate legal practitioners practising in this jurisdiction; and - (b) if the regulatory authority is the law society—an incorporated legal practice, a multi-disciplinary partnership or Australian-registered foreign lawyers. - (a) types of practising certificates that the regulatory authority may grant or renew; - (b) the courses of study that an Australian lawyer is required to complete for different types of practising certificates, including, for example— (i) a practising certificate by the law society for unsupervised legal practice or for practice as a principal; or (ii) a practising certificate by the bar association for practice as a barrister; - (i) a practising certificate by the law society for unsupervised legal practice or for practice as a principal; or - (ii) a practising certificate by the bar association for practice as a barrister; - (c) matters relating to the courses of study mentioned in paragraph (b) including enrolment procedures, fees payable, minimum course attendance requirements, examinations, assessments and procedures for the review of assessments, and appeals against assessments; - (d) exempting, indefinitely or for a particular period, a person who applies for a type of practising certificate from the requirement to have completed a course of study for the type, as mentioned in paragraph (b) , given the length and nature of the person’s experience in legal practice; - (e) requiring a local legal practitioner to undertake education or training for the purpose of continuing professional development as a condition for the grant or renewal of a type of practising certificate; - (f) the nature of, and the standards for, education or training required under paragraph (e) , and by whom and when it may be provided; - (g) exempting, in whole or part, a local legal practitioner from a requirement to undertake education or training required under paragraph (e) ; - (h) exempting a person who applies for the grant or renewal of a practising certificate from requirements under section 56 to complete supervised legal practice or reducing the required period of supervised legal practice; - (i) approved forms to be used for an application to the regulatory authority and the way an approved form is to be given to the authority, including the time for giving the form to it; - (j) setting fees, contributions and levies, other than levies imposed by the law society as mentioned in section 369 , the payment of the fees, contributions and levies including the levies imposed by the law society under that section, and other matters relating to payments, including the timing and way of making payments; - (k) other matters that may be approved by the regulatory authority under this Act; - (l) matters relating to indemnity against loss arising from claims in relation to every description of civil liability incurred by any of the following— (i) a local legal practitioner in connection with the practitioner’s practice or in connection with any trust of which the practitioner is or was a trustee; (ii) a former local legal practitioner, including a person who was a solicitor at any time before the commencement of this section, in connection with the practitioner’s practice or in connection with any trust of which the practitioner is or was a trustee; (iii) an incorporated legal practice in connection with it engaging in legal practice in this jurisdiction or in connection with any trust of which it, or 1 of its associates, is or was a trustee; (iv) an incorporated legal practice in connection with it formerly engaging in legal practice in this jurisdiction or in connection with any trust of which it, or 1 of its associates, is or was a trustee; (v) an Australian-registered foreign lawyer in connection with the lawyer’s practice of foreign law in this jurisdiction or in connection with any trust of which the lawyer is or was a trustee; (vi) a former Australian-registered foreign lawyer in connection with the lawyer’s practice of foreign law in this jurisdiction or in connection with any trust of which the lawyer is or was a trustee. - (i) a local legal practitioner in connection with the practitioner’s practice or in connection with any trust of which the practitioner is or was a trustee; - (ii) a former local legal practitioner, including a person who was a solicitor at any time before the commencement of this section, in connection with the practitioner’s practice or in connection with any trust of which the practitioner is or was a trustee; - (iii) an incorporated legal practice in connection with it engaging in legal practice in this jurisdiction or in connection with any trust of which it, or 1 of its associates, is or was a trustee; - (iv) an incorporated legal practice in connection with it formerly engaging in legal practice in this jurisdiction or in connection with any trust of which it, or 1 of its associates, is or was a trustee; - (v) an Australian-registered foreign lawyer in connection with the lawyer’s practice of foreign law in this jurisdiction or in connection with any trust of which the lawyer is or was a trustee; - (vi) a former Australian-registered foreign lawyer in connection with the lawyer’s practice of foreign law in this jurisdiction or in connection with any trust of which the lawyer is or was a trustee. - (i) a practising certificate by the law society for unsupervised legal practice or for practice as a principal; or - (ii) a practising certificate by the bar association for practice as a barrister; - (i) a local legal practitioner in connection with the practitioner’s practice or in connection with any trust of which the practitioner is or was a trustee; - (ii) a former local legal practitioner, including a person who was a solicitor at any time before the commencement of this section, in connection with the practitioner’s practice or in connection with any trust of which the practitioner is or was a trustee; - (iii) an incorporated legal practice in connection with it engaging in legal practice in this jurisdiction or in connection with any trust of which it, or 1 of its associates, is or was a trustee; - (iv) an incorporated legal practice in connection with it formerly engaging in legal practice in this jurisdiction or in connection with any trust of which it, or 1 of its associates, is or was a trustee; - (v) an Australian-registered foreign lawyer in connection with the lawyer’s practice of foreign law in this jurisdiction or in connection with any trust of which the lawyer is or was a trustee; - (vi) a former Australian-registered foreign lawyer in connection with the lawyer’s practice of foreign law in this jurisdiction or in connection with any trust of which the lawyer is or was a trustee. - (a) under this section; or - (b) if the regulatory authority has power under another Act or otherwise to make the rules for the matter—under that other Act or otherwise. - (a) sufficient regard to opportunities for participation by legal practitioners in rural and regional areas; and - (b) provisions for exemptions having regard to hardship.