263Application of this Chapter to lawyers and law practices

263 Application of this Chapter to lawyers and law practices

263 Application of this Chapter to lawyers and law practices

(1) A provision of this Law or any other applicable law that protects a person from any action, liability, claim or demand in connection with any conduct of the person does not affect the application of this Chapter to the person in respect of the conduct.

(2) Except to the extent jurisdictional legislation otherwise provides, this Chapter does not apply to a person while the person holds—

(a) office as a Justice of the High Court; or

(b) office as a judge or magistrate of a court created by the Parliament of the Commonwealth; or

(c) office as a judge or magistrate of a court, or a judicial member of a tribunal, of a jurisdiction; or

(d) an office specified in the Uniform Rules for the purposes of this section—

regardless of whether the conduct the subject of a complaint allegedly occurred before or after the person’s appointment to the office concerned.

(3) For the purposes of this Chapter, conduct of a lawyer in the exercise of official functions as an arbitrator or costs assessor constitutes conduct occurring in connection with the practice of law, except to the extent that the conduct was concerned with the justiciable aspects of decision making by the arbitrator or costs assessor.

(4) For the purposes of this Chapter, conduct of a lawyer does not constitute conduct occurring in connection with the practice of law to the extent that it is conduct engaged in in the exercise of executive or administrative functions under legislation as—

(a) a government lawyer who is not required to hold an Australian practising certificate; or

(b) a person appointed to an office by the Governor-General, the Governor of a State or the Administrator of a Territory; or

(c) any member, officer or employee of a local regulatory authority or professional association.