215Exemptions

215 Exemptions

215 Exemptions

(1) An Australian legal practitioner is exempt from the requirement to hold or be covered by an approved insurance policy for this jurisdiction if—

(a) the home jurisdiction of the practitioner is another jurisdiction; and

(b) the practitioner holds or is covered by an approved insurance policy for that other jurisdiction and that policy covers legal practice in this jurisdiction.

Note

The Uniform Rules may provide that professional indemnity insurance must provide indemnity for the private legal practice of the insured in relation to the provision of legal services within Australia.

(2) The designated local regulatory authority may exempt an Australian legal practitioner from the requirement to obtain an approved insurance policy for this jurisdiction if—

(a) the home jurisdiction of the practitioner is this jurisdiction; and

(b) the practitioner is a legal practitioner associate of a law practice that—

(i) maintains a permanent office in this jurisdiction and only one other jurisdiction; and

(ii) has at least one principal whose home jurisdiction is that other jurisdiction and who engages solely or principally in legal practice at that permanent office; and

(c) the practitioner is covered by an approved insurance policy for that other jurisdiction and that policy covers legal practice in this jurisdiction.

(3) An Australian legal practitioner is exempt from the requirement to hold or be covered by an approved insurance policy for this jurisdiction if—

(a) the home jurisdiction of the practitioner is this jurisdiction; and

(b) the practitioner is a legal practitioner associate of a law practice that—

(i) maintains a permanent office in this jurisdiction and at least 2 other jurisdictions; and

(ii) has at least one principal in each of those other jurisdictions who engages solely or principally in legal practice at the permanent office in that other jurisdiction; and

(c) the Australian legal practitioner is covered by an approved insurance policy for one of the other jurisdictions to which paragraph (b) refers and that policy covers legal practice in this jurisdiction.