Part 1
Preliminary
Part 1 — Preliminary
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Short title 2
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Commencement 2
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Terms used 2
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Act binds Crown 6
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Application of Interpretation Act 1984 to Act and Uniform Law 6
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Western Australia act
This Act applies the national Legal Profession Uniform Law in Western Australia with WA‑specific modifications, creating a local regulatory architecture (Board, committees, Trust), PII and Guarantee Fund arrangements run via the Law Society, binding legal‑costs powers, and a mandated split of client‑trust interest (majority to the Legal Contribution Trust).
It affects WA practitioners, firms, insurers, ADIs, Legal Aid and the public — shifting recurring revenue from practices to centralized funds, increasing compulsory contributions and compliance, and concentrating operational control in statutory bodies and delegated rules.
Want the full deep dive?
Zoe can write the in-depth analysis on top of the summary above: how it works, who it affects and what each part actually does.
Direct links to the current provisions in Legal Profession Uniform Law Application Act 2022.
Part 1 — Preliminary
Short title 2
Commencement 2
Terms used 2
Act binds Crown 6
Application of Interpretation Act 1984 to Act and Uniform Law 6
Part 2 — Legal Profession Uniform Law
Division 1 — Application of Legal Profession Uniform Law in the State
Application of Uniform Law as law of the State 7
Commencement of Uniform Law as law of the State 8
Tabling amending Acts 8
Disallowance of amending Acts 8
Commencement of amending Acts 9
Tabling of amending Act taken to be publication for Standing Orders 10
Interaction between Uniform Law and this Act 10
No double jeopardy 11
Division 2 — Application of Uniform Regulations and Uniform Rules
Application of Uniform Regulations and Uniform Rules as laws of the State for Uniform Law and Act 11
Publication of Uniform Regulations and Uniform Rules 13
Tabling and disallowance of Uniform Regulations and Uniform Rules 13
Interpretation Act 1984 s. 41 and 42 do not apply to Uniform Regulations and Uniform Rules 14
Division 3 — Matters specified for Legal Profession Uniform Law (WA)
Meaning of this jurisdiction in Uniform Law 14
Costs assessor: Uniform Law s. 6 15
Designated local regulatory authorities: Uniform Law s. 6 15
Designated local roll authority: Uniform Law s. 6 16
Designated tribunals: Uniform Law s. 6 16
Fidelity authority: Uniform Law s. 6 17
Nominated fund and nominated trust authority: Uniform Law s. 149 18
Unclaimed money to be dealt with under Unclaimed Money Act 1990: Uniform Law s. 167 18
Fidelity fund: Uniform Law s. 222 18
Specified fund: Uniform Law s. 365 18
Issuing authority: Uniform Law s. 377 18
Specified manner for payment of pecuniary penalties: Uniform Law s. 456 18
Part 3 — Local authorities
Division 1 — Legal Practice Board
Establishment of Board 20
Relationship to Crown 20
Functions 20
Powers 20
Board to pay State contribution to fund Legal Profession Uniform Framework 21
Board to pay contributions to Guarantee Fund into Fund 21
Delegation of powers and duties under this Act 21
Delegation of functions under Uniform Law: Uniform Law s. 406 22
Board members 22
Term of office 23
Who may vote in election 23
Removal or resignation 23
Chairperson and deputy chairperson 23
Casual vacancies 24
Meetings 25
Quorum 25
Voting 25
Procedures 25
Subdivision 4 — Financial and reporting provisions
Application of funds 26
Accounts and records 26
Audit 26
Annual reports 27
Reports relating to operation and effectiveness of aspects of Uniform Law 28
Subdivision 5 — Miscellaneous
Committees 28
Secretary of Board 29
Execution of documents by Board 29
Local regulations may be made about matters for Board 30
Division 2 — Legal Services and Complaints Committee
Establishment of Legal Services and Complaints Committee 30
Functions 30
Powers 31
Support 31
Delegation to Legal Services and Complaints Officer 31
Legal Services and Complaints Committee members 32
Term of office of legal members 33
Term of office of community representatives 33
Termination of office may be deferred 34
Deputies of community representatives 34
Chairperson and deputy chairperson 35
Removal or resignation 35
Leave of absence 36
Remuneration and allowances 36
Meetings 37
Quorum 37
Divisions 38
Voting 38
Procedures 39
Subdivision 4 — Reporting provisions
Annual reports 39
Reports relating to functions 40
Subdivision 5 — Local regulations
Division 3 — Legal Services and Complaints Officer
Legal Services and Complaints Officer 41
Term of appointment 41
Functions 42
Division 4 — Staff of Legal Services and Complaints Committee and Legal Services and Complaints Officer
Division 5 — Legal Costs Committee
Establishment of Legal Costs Committee 42
Functions 42
Powers 43
Legal Costs Committee members 43
Nominations 43
Term of office 44
Deputy chairperson 44
Deputy members 45
Removal or resignation 46
Leave of absence 46
Remuneration and allowances 46
Meetings 46
Quorum 47
Voting 47
Procedures 48
Subdivision 4 — Financial provisions
Funds 48
Application of Financial Management Act 2006 and Auditor General Act 2006 49
Subdivision 5 — Staff and facilities
Division 6 — Legal Contribution Trust
Establishment of Legal Contribution Trust 50
Relationship to Crown 50
Functions 50
Powers 51
Constitution of Legal Contribution Trust 51
Chairperson 52
Deputy trustees 52
Removal or resignation 52
Meetings and procedures 53
Quorum 53
Voting 54
Subdivision 3 — Execution of documents
Part 4 — Admission, practising certificates and registration certificates
Division 1 — Admission
Requirements for applications for admission under Uniform Law s. 16 56
Full Bench of Supreme Court to admit individuals under Uniform Law s. 16 56
Local regulations may prescribe matters about admission under Uniform Law 56
Division 2 — Practising certificates
Requirements for applications for grant or renewal of Australian practising certificates under Uniform Law s. 44 57
Provisions about renewing Australian practising certificates under Uniform Law s. 44 58
Provisions about decisions on granting or renewing Australian practising certificates under Uniform Law s. 44 59
Local regulations may modify operation of Legal Profession Conduct Rules for barristers 60
Division 3 — Registration certificates
Requirements for applications for grant or renewal of Australian registration certificates under Uniform Law s. 62 60
Provisions about renewing Australian registration certificates under Uniform Law s. 62 61
Provisions about decisions on granting or renewing Australian registration certificates under Uniform Law s. 62 62
Division 4 — Interjurisdictional action
Division 5 — Miscellaneous
Functions of State Solicitor 63
Accreditation in relation to continuing professional development activities or other legal education or training 64
Local regulations may provide contract legislative drafters are government lawyers 66
Local regulations in relation to government lawyers 66
Part 5 — Trust accounts
Application for exemption under Uniform Law s. 130 68
Decision on exemption from complying with Uniform Law Pt. 4.2 68
Local regulations about receipt or holding of money by barristers: Uniform Law s. 133 68
Review of decisions referred to in Uniform Law s. 160 and 166 69
Part 6 — Legal costs
Division 1 — Legal costs determinations
Term used: court 70
Legal costs determinations 70
Declaration of court in respect of which costs determinations may be made 71
Costs determinations may be amended or revoked 71
Costs determinations are fixed costs legislative provisions: Uniform Law s. 6 72
Review of costs determinations 72
Inquiries by Legal Costs Committee 72
Notice and submissions in respect of costs determinations 73
Report and publication of costs determinations 73
Effect of costs determinations 74
Reports 75
Law practice to disclose whether costs determination applies to calculating costs under Uniform Law s. 174 75
Division 2 — Costs assessments
Functions of costs assessors 76
Requirements for applications for costs assessment: Uniform Law s. 198 76
Assessment of Legal Aid Commission bill 76
Determining and issuing certificate of costs assessment 77
Costs assessment binding on parties 77
Review of costs assessment: Uniform Law s. 205 77
Enforcement of, and interest on, costs assessment 78
Recovery of amounts paid as legal costs above costs assessments 78
Local regulations about costs assessments 78
Part 7 — Professional indemnity insurance
Division 1 — Preliminary
Terms used 79
Approved insurance policies for Act and Uniform Law 80
Attorney General’s approval of insurance for Uniform Law 80
Division 2 — Insurance and insurance policies
Subdivision 1 — Obtaining professional indemnity insurance and certificates
Meaning of PII arrangement 81
Law Society authorised to enter into PII arrangement 81
Application for arrangement insurance for whole financial year 82
Application for arrangement insurance for part of financial year in particular circumstances 83
Application by restructured law practices for arrangement insurance for part of financial year 84
Bar‑approved insurance policy 85
Local regulations may provide for approval of PII schemes 85
Subdivision 2 — Annual contribution for PII arrangement
Assessing annual contribution for PII entities 87
Method of assessing annual contribution for PII arrangement 87
Review of annual contribution assessment 89
Appeal against review of annual contribution assessment 89
Refund after review of, or appeal against, annual contribution assessment 90
Recovery of additional amount if incorrect information given for annual contribution assessment 90
Subdivision 3 — Financial matters
Administration levy for PII arrangement 91
Interest payable on amounts overdue under this Part 91
Recovery of unpaid money 92
Division 3 — Exemptions from obtaining professional indemnity insurance under Legal Profession Uniform Law (WA)
Subdivision 1 — Modification of Legal Profession Uniform Law Application Act 2014 (Victoria) Schedule 1 s. 215 and 216
Modification of Uniform Law 92
Section 215 modified 92
Section 216 modified 93
Subdivision 2 — Obtaining exemptions under Legal Profession Uniform Law (WA)
Requirements for application to be exempted under Uniform Law s. 215 93
Certificates of exemption if exempt under Uniform Law s. 215 94
Person to notify Board when exemption no longer applies 95
Division 4 — Law Mutual (WA) and Law Mutual Fund
Continuation of Law Mutual (WA) 96
Continuation of Law Mutual Fund 96
Provisions about Law Mutual Fund 96
Application of money in Law Mutual Fund 96
Audit of Law Mutual Fund 97
Local regulations about winding up Law Mutual Fund 97
Division 5 — PII management committee
Law Society may establish PII management committee 97
Delegation of Law Society’s functions to PII management committee 98
Membership 98
Procedures 99
Dissolution of PII management committee 99
Division 6 — Miscellaneous
Undertakings in relation to professional indemnity insurance 99
Requiring information about professional indemnity insurance 100
Sharing information about professional indemnity insurance 100
Evidence of exemption or insurance for Uniform Law 101
Part 8 — Fidelity cover
Division 1 — Guarantee Fund
Term used: claim 102
Solicitors’ Guarantee Fund 102
Payments out of Guarantee Fund 103
Application of Guarantee Fund for claims 103
Investment of Guarantee Fund 104
Notice of levy to supplement Guarantee Fund imposed under Uniform Law s. 226 104
Audit under Uniform Law s. 232 105
Division 2 — Interest on trust accounts
Trust account arrangements to pay no more than 51% of interest to Legal Contribution Trust 105
Application of interest 105
Audit of expenditure 108
Part 9 — Proceedings
Terms used 109
Constitution of State Administrative Tribunal 109
Procedure of State Administrative Tribunal 110
Disciplinary proceedings may involve 1 or more matters 110
Time for initiating disciplinary proceedings under Uniform Law s. 300 110
State Administrative Tribunal to conduct hearing for disciplinary proceeding 111
Variation of application initiating disciplinary proceeding 111
Interlocutory and interim orders in relation to disciplinary proceedings 112
State Administrative Tribunal not bound by rules of evidence 112
Notification of particular State Administrative Tribunal orders 113
Provisions about fines imposed under Uniform Law s. 302 113
Giving effect to State Administrative Tribunal orders 113
State Administrative Tribunal to give order recommending removal of lawyer from roll or register to Principal Registrar 114
Official notification to Board and Legal Services and Complaints Committee of removal from roll under Uniform Law s. 23 114
Part 10 — Registers
Division 1 — Certificate registers
Register of Australian practising certificates granted by the Board 115
Register of Australian registration certificates granted by the Board 116
Division 2 — Disciplinary action register
Terms used 116
Register of disciplinary action 117
Public availability of register of disciplinary action 119
Publicising disciplinary action 119
Effect of quashing of disciplinary action 119
Publicising disciplinary action taken because of injury, infirmity or illness 119
Effect of secrecy provisions and non‑disclosure orders 120
Liability for publicising disciplinary action 121
Division 3 — Disqualification orders and approvals register
Part 11 — Enforcement
Division 1 — Search warrants under Legal Profession Uniform Law (WA)
Application for search warrants under Uniform Law s. 377 124
Provisions for search warrants issued under Uniform Law s. 377 124
Use of force when executing search warrants issued under Uniform Law s. 377 125
Executed search warrants issued under Uniform Law s. 377 to be endorsed 125
Receipt for items seized under search warrants 126
Division 2 — Contraventions of Act or Legal Profession Uniform Law (WA)
Board may appoint person to investigate contravention of Act or Uniform Law 126
Who may commence proceedings for offence against Act or Uniform Law 127
When prosecution may be commenced for offence against Uniform Law s. 10 or 11 127
Enforcement of orders to pay fines under Uniform Law 128
Board may recover pecuniary penalty to be paid under Uniform Law 128
Division 3 — Notices under Legal Profession Uniform Law (WA) s. 371(1)(a) or (b)
Part 12 — Law Society Public Purposes Trust
Terms used 130
Remaining interest on trust accounts to be paid to Law Society 130
Application of funds paid to Law Society 130
Legal Contribution Trust must provide copy of arrangements to Law Society 131
Tabling of instruments varying Law Society Public Purposes Trust Deed 131
Part 13 — Law library
Law library 132
Law library contributions 132
Local regulations for law library 134
Part 14 — Miscellaneous
Information sharing 135
Conduct that constitutes unsatisfactory professional conduct or professional misconduct 135
Powers of Supreme Court unaffected 136
Liability of principals for contravention of Act 136
Defect or irregularity in person’s appointment 136
Local regulations 136
Local approved forms 138
Delegation 138
Protection from liability 139
Certain witnesses compellable despite Uniform Law s. 468 140
Review of Act and Uniform Law 140
Laying documents before House of Parliament not sitting 141
Giving documents 141
Part 15 — Repeals
Repeals 143
Interpretation Act 1984 not affected 143
Part 16 — Transitional provisions
Division 1 — Preliminary
Terms used 144
Interaction between this Part and Uniform Law Sch. 4 144
Division 2 — Provisions about Legal Profession Uniform Law (WA)
Application of particular amending Acts enacted after 21 June 2021 but before commencement day 144
Application of s. 15 and 16 to Uniform Regulations and Uniform Rules made after 21 June 2021 but before commencement day 145
Application of particular provisions of Uniform Law Sch. 4 Pt. 3 145
Division 3 — Local regulatory bodies
Continuation of Legal Practice Board 146
Members of Legal Practice Board 146
Complaints Committee continues as Legal Services and Complaints Committee under this Act 147
Members of Complaints Committee 147
Continuation of other Legal Practice Board committees 148
Continuation of Law Complaints Officer 148
Continuation and membership of Legal Costs Committee 149
Continuation of Legal Costs Committee Account 149
Continuation and membership of Legal Contribution Trust 150
Division 4 — Admission
Admission applications under old Act taken to be admission applications under this Act 150
Notice of objection to admission under old Act taken to be objection under Uniform Law 151
Status of academic qualifications obtained under old Act for Uniform Law s. 17 151
Status of approved practical legal training requirements under old Act for Uniform Law s. 17 151
Application for early consideration of suitability continues under Uniform Law 152
Decision of Legal Practice Board or State Administrative Tribunal about suitability continues under Uniform Law 152
Compliance certificate under old Act taken to be issued under Uniform Law 153
Applications to State Administrative Tribunal under old Act may be decided by Tribunal or Supreme Court 153
Division 5 — Practitioners
Government lawyers taken to hold Australian practising certificates under Uniform Law for particular period 155
Persons engaging in exempt work taken to have Australian practising certificates under Uniform Law for particular period 156
Continuing professional development 157
Persons approved as QA providers under former Legal Profession Rules 2009 taken to be accredited under s. 125 158
Approvals of law courses and legal training courses continued 158
Experience acquired before commencement day taken to be supervised legal practice under Uniform Law s. 49 159
Exemption or reduction of requirement to engage in restricted legal practice continues under Uniform Law 159
Order made under s. 77 of old Act continued 160
State Administrative Tribunal to decide how review of particular Legal Practice Board decisions about practising certificates to be dealt with 161
Reviews of particular Legal Practice Board decisions about registration certificates 162
Division 6 — Trust accounts
Interest earned on trust account prior to commencement 163
Legal Contribution Trust and ADI taken to have entered into arrangement with nominated trust authority 164
Investigator under old Act taken to be appointed as external investigator under Uniform Law 164
Current investigations and external examinations under Pt. 9 of old Act to be dealt with under old Act 165
External investigations of actions before commencement day 165
Division 7 — Legal costs
Division 8 — Professional indemnity insurance
Continuation and membership of PII management committee 166
Continuation of PII arrangement and certificates of insurance under PII regulations 167
Annual contribution under old Act taken to be contribution under this Act 168
Policy of professional indemnity insurance approved by Bar Association taken to be Bar‑approved policy 168
Professional indemnity insurance scheme under old Act taken to be PII scheme 169
Method of assessment of annual contribution under old Act taken to be method of assessment determined under this Act 169
Review of or appeal against annual contribution continued under this Act 169
Legal Practice Board taken to have granted exemption from requirement to obtain professional indemnity insurance continued in particular cases 170
Insurance taken out under previous legislation continues 171
Division 9 — Fidelity cover
Solicitors’ Guarantee Fund continued 172
Continuation of Attorney General’s approvals of investments under s. 342 of old Act 172
Contributions to Solicitors’ Guarantee Fund 172
Agreed amount under s. 388 of old Act taken to be agreed amount for s. 201 172
Division 10 — Complaints and discipline
Investigations not finalised before commencement day to be dealt with under old Act 173
Audit of incorporated legal practice under old Act continues under Uniform Law 174
Pre‑commencement conduct may be investigated under Uniform Law 174
Review of summary conclusion decision under s. 426 of old Act after commencement day 175
Current reviews of Complaints Committee’s summary conclusion decision under s. 426 of old Act 175
Review of Complaints Committee’s decision to dismiss complaint 176
State Administrative Tribunal to deal with review of Complaints Committee’s decision to dismiss complaint before commencement day 177
Enforcing compensation orders under old Act 178
Compensation order under old Act taken into account in compensation under Uniform Law s. 311 178
Division 11 — Registers
Local roll maintained under old Act taken to be Supreme Court roll for Uniform Law s. 22 178
Continuation of register of local practising certificates kept under old Act 179
Continuation of register of locally registered foreign lawyers kept under old Act 179
Continuation of Register of Disciplinary Action kept under old Act 179
Division 12 — Law library
Continuation of law library 179
Law library contributions paid under old Act taken to be contributions under this Act 179
Division 13 — Law Society Public Purposes Trust
Reference to repealed Law Society Public Purposes Trust Act 1985 taken to be to Pt. 12 180
Arrangements between Law Society and ADI under repealed Law Society Public Purposes Trust Act 1985 180
Division 14 — Transitional regulations
Part 17 — Consequential amendments to other Acts
Division 1 — Aboriginal Affairs Planning Authority Act 1972 amended
Act amended 182
Section 48 amended 182
Division 2 — Children and Community Services Act 2004 amended
Act amended 182
Section 148 amended 182
Division 3 — Civil Judgments Enforcement Act 2004 amended
Act amended 182
Section 30 amended 183
Division 4 — Civil Liability Act 2002 amended
Act amended 183
Section 15L amended 183
Section 16 amended 184
Section 17 amended 184
Various references to “legal practitioner” amended 184
Division 5 — Commercial Arbitration Act 2012 amended
Act amended 185
Section 24A amended 185
Section 33C amended 185
Division 6 — Community Titles Act 2018 amended
Act amended 186
Section 3 amended 186
Section 117 amended 186
Section 137 amended 186
Section 182 amended 186
Division 7 — District Court of Western Australia Act 1969 amended
Act amended 187
Section 6 amended 187
Section 10 amended 187
Section 64 amended 187
Section 66 amended 188
Section 88 amended 188
Division 8 — Energy Arbitration and Review Act 1998 amended
Act amended 188
Section 49 replaced 188
Term used: Board 188
Division 9 — Industrial Relations Act 1979 amended
Act amended 189
Section 112A amended 189
Division 10 — Interpretation Act 1984 amended
Act amended 190
Section 5 amended 190
Division 11 — Juries Act 1957 amended
Act amended 190
Section 3 amended 190
Section 56A amended 191
Section 56B amended 191
Section 56C amended 192
Schedule 1 clause 3 replaced 192
Legal practitioners 192
Division 12 — Law Reform Commission Act 1972 amended
Act amended 192
Section 6 amended 192
Division 13 — Legal Aid Commission Act 1976 amended
Act amended 192
Section 4 amended 193
Section 7 amended 193
Section 14 amended 194
Section 17 amended 194
Section 18 amended 195
Section 19 amended 195
Section 20 amended 195
Section 25 amended 195
Section 39 amended 196
Section 40 amended 196
Section 50 amended 196
Section 52 amended 197
Section 56 amended 197
Section 61 amended 197
Section 64 amended 198
Division 14 — Magistrates Court Act 2004 amended
Act amended 198
Schedule 1 clause 1 amended 198
Division 15 — Prohibited Behaviour Orders Act 2010 amended
Act amended 199
Section 36 amended 199
Division 16 — Public Trustee Act 1941 amended
Act amended 199
Section 2 amended 199
Section 47A amended 199
Division 17 — Registration of Deeds Act 1856 amended
Act amended 200
Section 6 amended 200
Division 18 — Sale of Goods (Vienna Convention) Act 1986 amended
Act amended 201
Section 7 amended 201
Division 19 — Spent Convictions Act 1988 amended
Act amended 201
Schedule 3 clause 1 amended 201
Division 20 — State Administrative Tribunal Act 2004 amended
Act amended 202
Section 3 amended 202
Section 93 amended 203
Section 117 amended 203
Schedule 1 amended 203
Division 21 — Strata Titles Act 1985 amended
Act amended 204
Section 3 amended 204
Section 143 amended 204
Section 163 amended 204
Section 219 amended 204
Division 22 — Workers’ Compensation and Injury Management Act 1981 amended
Act amended 205
Section 5 amended 205
Section 5B inserted 205
5B. Meaning of prohibited person 205
Section 87 amended 206
Section 182S amended 206
Section 195 amended 207
Section 263 amended 207
Section 264 amended 207
Section 268 amended 207
Section 269 amended 208
Section 271 amended 208
Section 277 amended 208
Division 23 — Young Offenders Act 1994 amended
Act amended 208
Section 37A amended 208
Section 152 amended 209
Sourced from the Western Australian Legislation website (legislation.wa.gov.au). Not the authorised version.
Western Australia
Legal Profession Uniform Law Application Act 2022
Legal Profession Uniform Law (WA)
The Legal Profession Uniform Law (as enacted by the Legal Profession Uniform Law Application Act 2014 (Victoria) Schedule 1) is applied and modified as a law of Western Australia by or under the Legal Profession Uniform Law Application Act 2022 (the WA Act).
The Legal Profession Uniform Law (WA) is consolidated and published on the Western Australian Legislation website.
Legal Profession Uniform Regulations (WA) and Legal Profession Uniform Rules (WA)
The WA Act section 14 provides, in general, that the Uniform Regulations and the Uniform Rules made under the Legal Profession Uniform Law, as applying in WA, apply as subsidiary legislation of the State.
Under the WA Act section 14(1) and (2), these regulations and rules may be called the Legal Profession Uniform Regulations (WA) and the Legal Profession Uniform Rules (WA).
The Legal Profession Uniform Regulations (WA) and Legal Profession Uniform Rules (WA) are consolidated and published on the Western Australian Legislation website.
Western Australia
Legal Profession Uniform Law Application Act 2022
Contents
Part 1 — Preliminary
Short title 2
Commencement 2
Terms used 2
Act binds Crown 6
Application of Interpretation Act 1984 to Act and Uniform Law 6
Part 2 — Legal Profession Uniform Law
Division 1 — Application of Legal Profession Uniform Law in the State
Application of Uniform Law as law of the State 7
Commencement of Uniform Law as law of the State 8
Tabling amending Acts 8
Disallowance of amending Acts 8
Commencement of amending Acts 9
Tabling of amending Act taken to be publication for Standing Orders 10
Interaction between Uniform Law and this Act 10
No double jeopardy 11
Division 2 — Application of Uniform Regulations and Uniform Rules
Application of Uniform Regulations and Uniform Rules as laws of the State for Uniform Law and Act 11
Publication of Uniform Regulations and Uniform Rules 13
Tabling and disallowance of Uniform Regulations and Uniform Rules 13
Interpretation Act 1984 s. 41 and 42 do not apply to Uniform Regulations and Uniform Rules 14
Division 3 — Matters specified for Legal Profession Uniform Law (WA)
Meaning of this jurisdiction in Uniform Law 14
Costs assessor: Uniform Law s. 6 15
Designated local regulatory authorities: Uniform Law s. 6 15
Designated local roll authority: Uniform Law s. 6 16
Designated tribunals: Uniform Law s. 6 16
Fidelity authority: Uniform Law s. 6 17
Nominated fund and nominated trust authority: Uniform Law s. 149 18
Unclaimed money to be dealt with under Unclaimed Money Act 1990: Uniform Law s. 167 18
Fidelity fund: Uniform Law s. 222 18
Specified fund: Uniform Law s. 365 18
Issuing authority: Uniform Law s. 377 18
Specified manner for payment of pecuniary penalties: Uniform Law s. 456 18
Part 3 — Local authorities
Division 1 — Legal Practice Board
Subdivision 1 — Establishment and functions
Establishment of Board 20
Relationship to Crown 20
Functions 20
Powers 20
Board to pay State contribution to fund Legal Profession Uniform Framework 21
Board to pay contributions to Guarantee Fund into Fund 21
Delegation of powers and duties under this Act 21
Delegation of functions under Uniform Law: Uniform Law s. 406 22
Subdivision 2 — Membership
Board members 22
Term of office 23
Who may vote in election 23
Removal or resignation 23
Chairperson and deputy chairperson 23
Casual vacancies 24
Subdivision 3 — Practice and procedures
Meetings 25
Quorum 25
Voting 25
Procedures 25
Subdivision 4 — Financial and reporting provisions
Application of funds 26
Accounts and records 26
Audit 26
Annual reports 27
Reports relating to operation and effectiveness of aspects of Uniform Law 28
Subdivision 5 — Miscellaneous
Committees 28
Secretary of Board 29
Execution of documents by Board 29
Local regulations may be made about matters for Board 30
Division 2 — Legal Services and Complaints Committee
Subdivision 1 — Establishment and functions
Establishment of Legal Services and Complaints Committee 30
Functions 30
Powers 31
Support 31
Delegation to Legal Services and Complaints Officer 31
Subdivision 2 — Membership
Legal Services and Complaints Committee members 32
Term of office of legal members 33
Term of office of community representatives 33
Termination of office may be deferred 34
Deputies of community representatives 34
Chairperson and deputy chairperson 35
Removal or resignation 35
Leave of absence 36
Remuneration and allowances 36
Subdivision 3 — Practice and procedures
Meetings 37
Quorum 37
Divisions 38
Voting 38
Procedures 39
Subdivision 4 — Reporting provisions
Annual reports 39
Reports relating to functions 40
Subdivision 5 — Local regulations
Division 3 — Legal Services and Complaints Officer
Legal Services and Complaints Officer 41
Term of appointment 41
Functions 42
Division 4 — Staff of Legal Services and Complaints Committee and Legal Services and Complaints Officer
Division 5 — Legal Costs Committee
Subdivision 1 — Establishment and functions
Establishment of Legal Costs Committee 42
Functions 42
Powers 43
Subdivision 2 — Membership
Legal Costs Committee members 43
Nominations 43
Term of office 44
Deputy chairperson 44
Deputy members 45
Removal or resignation 46
Leave of absence 46
Remuneration and allowances 46
Subdivision 3 — Practice and procedures
Meetings 46
Quorum 47
Voting 47
Procedures 48
Subdivision 4 — Financial provisions
Funds 48
Application of Financial Management Act 2006 and Auditor General Act 2006 49
Subdivision 5 — Staff and facilities
Division 6 — Legal Contribution Trust
Subdivision 1 — Establishment and functions
Establishment of Legal Contribution Trust 50
Relationship to Crown 50
Functions 50
Powers 51
Subdivision 2 — Membership
Constitution of Legal Contribution Trust 51
Chairperson 52
Deputy trustees 52
Removal or resignation 52
Meetings and procedures 53
Quorum 53
Voting 54
Subdivision 3 — Execution of documents
Part 4 — Admission, practising certificates and registration certificates
Division 1 — Admission
Requirements for applications for admission under Uniform Law s. 16 56
Full Bench of Supreme Court to admit individuals under Uniform Law s. 16 56
Local regulations may prescribe matters about admission under Uniform Law 56
Division 2 — Practising certificates
Requirements for applications for grant or renewal of Australian practising certificates under Uniform Law s. 44 57
Provisions about renewing Australian practising certificates under Uniform Law s. 44 58
Provisions about decisions on granting or renewing Australian practising certificates under Uniform Law s. 44 59
Local regulations may modify operation of Legal Profession Conduct Rules for barristers 60
Division 3 — Registration certificates
Requirements for applications for grant or renewal of Australian registration certificates under Uniform Law s. 62 60
Provisions about renewing Australian registration certificates under Uniform Law s. 62 61
Provisions about decisions on granting or renewing Australian registration certificates under Uniform Law s. 62 62
Division 4 — Interjurisdictional action
Division 5 — Miscellaneous
Functions of State Solicitor 63
Accreditation in relation to continuing professional development activities or other legal education or training 64
Local regulations may provide contract legislative drafters are government lawyers 66
Local regulations in relation to government lawyers 66
Part 5 — Trust accounts
Application for exemption under Uniform Law s. 130 68
Decision on exemption from complying with Uniform Law Pt. 4.2 68
Local regulations about receipt or holding of money by barristers: Uniform Law s. 133 68
Review of decisions referred to in Uniform Law s. 160 and 166 69
Part 6 — Legal costs
Division 1 — Legal costs determinations
Term used: court 70
Legal costs determinations 70
Declaration of court in respect of which costs determinations may be made 71
Costs determinations may be amended or revoked 71
Costs determinations are fixed costs legislative provisions: Uniform Law s. 6 72
Review of costs determinations 72
Inquiries by Legal Costs Committee 72
Notice and submissions in respect of costs determinations 73
Report and publication of costs determinations 73
Effect of costs determinations 74
Reports 75
Law practice to disclose whether costs determination applies to calculating costs under Uniform Law s. 174 75
Division 2 — Costs assessments
Functions of costs assessors 76
Requirements for applications for costs assessment: Uniform Law s. 198 76
Assessment of Legal Aid Commission bill 76
Determining and issuing certificate of costs assessment 77
Costs assessment binding on parties 77
Review of costs assessment: Uniform Law s. 205 77
Enforcement of, and interest on, costs assessment 78
Recovery of amounts paid as legal costs above costs assessments 78
Local regulations about costs assessments 78
Part 7 — Professional indemnity insurance
Division 1 — Preliminary
Terms used 79
Approved insurance policies for Act and Uniform Law 80
Attorney General’s approval of insurance for Uniform Law 80
Division 2 — Insurance and insurance policies
Subdivision 1 — Obtaining professional indemnity insurance and certificates
Meaning of PII arrangement 81
Law Society authorised to enter into PII arrangement 81
Application for arrangement insurance for whole financial year 82
Application for arrangement insurance for part of financial year in particular circumstances 83
Application by restructured law practices for arrangement insurance for part of financial year 84
Bar‑approved insurance policy 85
Local regulations may provide for approval of PII schemes 85
Subdivision 2 — Annual contribution for PII arrangement
Assessing annual contribution for PII entities 87
Method of assessing annual contribution for PII arrangement 87
Review of annual contribution assessment 89
Appeal against review of annual contribution assessment 89
Refund after review of, or appeal against, annual contribution assessment 90
Recovery of additional amount if incorrect information given for annual contribution assessment 90
Subdivision 3 — Financial matters
Administration levy for PII arrangement 91
Interest payable on amounts overdue under this Part 91
Recovery of unpaid money 92
Division 3 — Exemptions from obtaining professional indemnity insurance under Legal Profession Uniform Law (WA)
Subdivision 1 — Modification of Legal Profession Uniform Law Application Act 2014 (Victoria) Schedule 1 s. 215 and 216
Modification of Uniform Law 92
Section 215 modified 92
Section 216 modified 93
Subdivision 2 — Obtaining exemptions under Legal Profession Uniform Law (WA)
Requirements for application to be exempted under Uniform Law s. 215 93
Certificates of exemption if exempt under Uniform Law s. 215 94
Person to notify Board when exemption no longer applies 95
Division 4 — Law Mutual (WA) and Law Mutual Fund
Continuation of Law Mutual (WA) 96
Continuation of Law Mutual Fund 96
Provisions about Law Mutual Fund 96
Application of money in Law Mutual Fund 96
Audit of Law Mutual Fund 97
Local regulations about winding up Law Mutual Fund 97
Division 5 — PII management committee
Law Society may establish PII management committee 97
Delegation of Law Society’s functions to PII management committee 98
Membership 98
Procedures 99
Dissolution of PII management committee 99
Division 6 — Miscellaneous
Undertakings in relation to professional indemnity insurance 99
Requiring information about professional indemnity insurance 100
Sharing information about professional indemnity insurance 100
Evidence of exemption or insurance for Uniform Law 101
Part 8 — Fidelity cover
Division 1 — Guarantee Fund
Term used: claim 102
Solicitors’ Guarantee Fund 102
Payments out of Guarantee Fund 103
Application of Guarantee Fund for claims 103
Investment of Guarantee Fund 104
Notice of levy to supplement Guarantee Fund imposed under Uniform Law s. 226 104
Audit under Uniform Law s. 232 105
Division 2 — Interest on trust accounts
Trust account arrangements to pay no more than 51% of interest to Legal Contribution Trust 105
Application of interest 105
Audit of expenditure 108
Part 9 — Proceedings
Terms used 109
Constitution of State Administrative Tribunal 109
Procedure of State Administrative Tribunal 110
Disciplinary proceedings may involve 1 or more matters 110
Time for initiating disciplinary proceedings under Uniform Law s. 300 110
State Administrative Tribunal to conduct hearing for disciplinary proceeding 111
Variation of application initiating disciplinary proceeding 111
Interlocutory and interim orders in relation to disciplinary proceedings 112
State Administrative Tribunal not bound by rules of evidence 112
Notification of particular State Administrative Tribunal orders 113
Provisions about fines imposed under Uniform Law s. 302 113
Giving effect to State Administrative Tribunal orders 113
State Administrative Tribunal to give order recommending removal of lawyer from roll or register to Principal Registrar 114
Official notification to Board and Legal Services and Complaints Committee of removal from roll under Uniform Law s. 23 114
Part 10 — Registers
Division 1 — Certificate registers
Register of Australian practising certificates granted by the Board 115
Register of Australian registration certificates granted by the Board 116
Division 2 — Disciplinary action register
Terms used 116
Register of disciplinary action 117
Public availability of register of disciplinary action 119
Publicising disciplinary action 119
Effect of quashing of disciplinary action 119
Publicising disciplinary action taken because of injury, infirmity or illness 119
Effect of secrecy provisions and non‑disclosure orders 120
Liability for publicising disciplinary action 121
Division 3 — Disqualification orders and approvals register
Part 11 — Enforcement
Division 1 — Search warrants under Legal Profession Uniform Law (WA)
Application for search warrants under Uniform Law s. 377 124
Provisions for search warrants issued under Uniform Law s. 377 124
Use of force when executing search warrants issued under Uniform Law s. 377 125
This is an opening excerpt, not the complete document.