- Act 24 of 2007 - Royal Assent 15 August 2007 TABLE OF PROVISIONS Long Title Chapter 1 - Introduction 1. Short title 2. Commencement 3. Purposes 4. Interpretation 5. Terms relating to lawyers 6. Terms relating to legal practitioners 7. Terms relating to associates and principals of law practices 8. Home jurisdiction 9. Suitability matters 10. Information notices 11. References to convictions for offences Chapter 2 - General requirements for engaging in legal practice 12. Purposes 13. Prohibition on engaging in legal practice when not entitled 14. Prohibition on representing or advertising entitlement to engage in legal practice when not entitled 15. Presumptions about taking or using name, title or description specified in regulations 16. Definition 17. Associates who are disqualified or convicted persons 18. Appeal by law practice or lay associate 19. Prohibition on employment of certain lay associates 20. Proceedings on prohibition orders 21. Register of approvals and prohibition orders 22. Professional discipline 23. Purposes 24. Definitions 25. Eligibility for admission 26. Suitability for admission 27. Early consideration of suitability 28. Binding effect of declaration or order 29. Entitlement to be represented, heard and make representations 30. Notice of intention to apply for admission 31. Admission 32. Objection to admission 33. Terms and conditions of admission 34. Oath on admission 35. Roll of local lawyers 36. Certificate of admission 37. Local lawyer is officer of Supreme Court 38. Admission rules 39. Purposes 40. Entitlement of holder of Australian practising certificate to practise in this jurisdiction 41. Lawyers entitled to practise without practising certificate 42. Local practising certificates 43. Suitability to hold local practising certificate 44. Duration of local practising certificate 45. Requirement for professional indemnity insurance 46. Continuing obligation for professional indemnity insurance for local practising certificate 47. Local legal practitioner is officer of Supreme Court 48. Application for grant or renewal of local practising certificate 49. Manner of application and fees 50. Advice relating to grant or renewal of local practising certificates 51. Timing of application for renewal of local practising certificate 52. Late fee 53. Grant or renewal of local practising certificate 54. Advice to Board of grant, renewal or refusal to grant or renew local practising certificate 55. Conditions generally 56. Conditions imposed by prescribed authority 57. Imposition or variation of conditions pending criminal proceedings 58. Statutory condition regarding conditions imposed on interstate admission 59. Statutory condition regarding legal practice 60. Statutory condition regarding notification of offence 61. Conditions imposed by legal profession rules 62. Compliance with conditions 63. Application of this Division 64. Grounds for amending, suspending or cancelling local practising certificate 65. Amending, suspending or cancelling local practising certificate 66. Advice to Board of decision to amend, suspend or cancel local practising certificate 67. Operation of amendment, suspension or cancellation of local practising certificate 68. Immediate suspension of local practising certificate 69. Advice to Board of immediate suspension of local practising certificate and revocation of suspension 70. Other ways of amending or cancelling local practising certificate 71. Relationship of this Division with Chapter 4 72. Applicant for local practising certificate show cause event 73. Holder of local practising certificate show cause event 74. Refusal, amendment, suspension or cancellation of local practising certificate failure to show cause 75. Restriction on making further applications 76. Relationship of this Division with Chapter 4 77. Surrender and cancellation of local practising certificate 78. Return of local practising certificate 79. Requirement for professional indemnity insurance 80. Extent of entitlement of interstate legal practitioner to practise in this jurisdiction 81. Additional conditions on practice of interstate legal practitioners 82. Special provisions about interstate legal practitioner engaging in unsupervised legal practice in this jurisdiction 83. Interstate legal practitioner is an officer of Supreme Court 84. Appeal against decisions about local practising certificates 85. Appeal against decisions about interstate legal practitioners 86. Protocols 87. Consideration and investigation of applicants or holders 88. Register of local practising certificates 89. Holders of local practising certificates as barristers 90. Supreme Court orders about conditions 91. Government lawyers of other jurisdictions 92. Fees 93. Refund of fees 94. Purpose 95. Definition 96. Other requirements not affected 97. Official notification to other jurisdictions of applications for admission and associated matters 98. Official notification to other jurisdictions of removal from local roll 99. Prescribed authority to notify other jurisdictions of certain matters 100. Lawyer to give notice of removal in another jurisdiction 101. Lawyer to give notice of interstate orders 102. Lawyer to give notice of foreign regulatory action 103. Provisions relating to requirement to notify 104. Peremptory removal of local lawyer's name from local roll following removal in another jurisdiction 105. Peremptory cancellation of local practising certificate following removal of name from interstate roll 106. Show cause procedure for removal of lawyer's name from local roll following foreign regulatory action 107. Show cause procedure for cancellation of local practising certificate following foreign regulatory action 108. Order for non-removal of name or non-cancellation of local practising certificate 109. Local authority may give information to other local authorities 110. Purposes 111. Definitions 112. Nature of incorporated legal practice 113. Non-legal services and businesses of incorporated legal practices 114. Corporations eligible to be incorporated legal practices 115. Notice of intention to start providing legal services 116. Prohibition on representations that corporation is incorporated legal practice 117. Notice of termination of provision of legal services 118. Incorporated legal practice must have legal practitioner director 119. Obligations of legal practitioner director relating to misconduct 120. Incorporated legal practice without legal practitioner director 121. Obligations and privileges of practitioners who are officers or employees 122. Conflicts of interest 123. Disclosure obligations 124. Effect of non-disclosure of provision of certain services 125. Application of legal profession rules 126. Requirements relating to advertising 127. Extension of vicarious liability relating to failure to account, pay or deliver and dishonesty to incorporated legal practices 128. Sharing of receipts, revenue or other income 129. Disqualified persons 130. Audit of incorporated legal practices 131. Application of Chapter 6 132. Banning of incorporated legal practices 133. Disqualification from managing incorporated legal practice 134. Disclosure of information to Australian Securities and Investments Commission 135. External administration proceedings under Corporations Act 2001 of the Commonwealth 136. External administration proceedings under other legislation 137. Incorporated legal practice that is subject to receivership under this Act and external administration under Corporations Act 2001 of the Commonwealth 138. Incorporated legal practice that is subject to receivership under this Act and external administration under other legislation 139. Co-operation between courts 140. Relationship of Act to constitution of incorporated legal practice 141. Relationship of Act to legislation establishing incorporated legal practice 142. Relationship of Act to Corporations legislation 143. Undue influence 144. Nature of multi-disciplinary partnership 145. Conduct of multi-disciplinary partnerships 146. Notice of intention to start practice in multi-disciplinary partnership 147. General obligations of legal practitioner partners 148. Obligations of legal practitioner partner relating to misconduct 149. Actions of partner who is not an Australian legal practitioner 150. Obligations and privileges of practitioners who are partners or employees 151. Conflicts of interest 152. Disclosure obligations 153. Effect of non-disclosure of provision of certain services 154. Application of legal profession rules 155. Requirements relating to advertising 156. Sharing of receipts, revenue or other income 157. Disqualified persons 158. Prohibition on partnerships with certain partners who are not Australian legal practitioners 159. Undue influence 160. Obligations of individual practitioners not affected 161. Regulations 162. Purpose 163. Definitions 164. This Part does not apply to Australian legal practitioners 165. Requirement for registration 166. Entitlement of Australian-registered foreign lawyer to practise in this jurisdiction 167. Scope of practice 168. Form of practice 169. Application of Australian professional ethical and practice standards 170. Designation 171. Letterhead and other identifying documents 172. Advertising 173. Foreign lawyer employing Australian legal practitioner 174. Trust money and trust accounts 175. Professional indemnity insurance 176. Guarantee Fund 177. Local registration of foreign lawyers 178. Duration of registration 179. Locally registered foreign lawyer is not officer of Supreme Court 180. Application for grant or renewal of registration 181. Manner of application 182. Requirements regarding applications for grant or renewal of registration 183. Grant or renewal of registration 184. Requirement to grant or renew registration if criteria satisfied 185. Refusal to grant or renew registration 186. Application of this Division 187. Grounds for amending, suspending or cancelling registration 188. Amending, suspending or cancelling registration 189. Operation of amendment, suspension or cancellation of registration 190. Other ways of amending or cancelling registration 191. Relationship of this Division with Chapter 4 192. Applicant for local registration show cause event 193. Locally registered foreign lawyer show cause event 194. Refusal, amendment, suspension or cancellation of local registration failure to show cause 195. Restriction on making further applications 196. Relationship of this Division with Chapter 4 197. Immediate suspension of registration 198. Surrender of local registration certificate and cancellation of registration 199. Automatic cancellation of registration on grant of practising certificate 200. Suspension or cancellation of registration not to affect disciplinary processes 201. Return of local registration certificate on amendment, suspension or cancellation of registration 202. Conditions generally 203. Conditions imposed by domestic registration authority 204. Imposition or variation of conditions pending criminal proceedings 205. Statutory condition regarding notification of offence 206. Conditions imposed by legal profession rules 207. Compliance with conditions 208. Extent of entitlement of interstate-registered foreign lawyer to practise in this jurisdiction 209. Additional conditions on practice of interstate-registered foreign lawyers 210. Consideration and investigation of applicants and locally registered foreign lawyers 211. Register of locally registered foreign lawyers 212. Publication of information about locally registered foreign lawyers 213. Supreme Court orders about conditions 214. Exemption by domestic registration authority 215. Membership of professional association 216. Refund of fees 217. Appeals 218. Community legal centres 219. Application of legal profession rules Chapter 3 - Conduct of legal practice 220. Purpose 221. Rules for Australian legal practitioners 222. Rules for Australian-registered foreign lawyers 223. Subject matter of legal profession rules 224. Prior consultation with professional associations and Board 225. Public notice of proposed legal profession rules 226. Rules 227. Binding nature of legal profession rules 228. Availability of rules 229. Rule-making procedure 230. Purposes 231. Interpretation 232. Money involved in financial services or investments 233. Determinations about status of money 234. Application of Part to law practices and trust money 235. Protocols for determining where trust money is received 236. When money is received 237. Discharge by legal practitioner associate of obligations of law practice 238. Liability of principals of law practice 239. Former practices, principals and associates 240. Barristers not to receive money on behalf of other person 241. Maintenance of general trust account 242. Certain trust money to be deposited in general trust account 243. Holding, disbursing and accounting for trust money 244. Manner of withdrawal of trust money from general trust account 245. Controlled money 246. Manner of withdrawal of controlled money from controlled money account 247. Transit money 248. Trust money subject to specific powers 249. Trust money received in the form of cash 250. Protection of trust money 251. Intermixing money 252. Dealing with trust money: legal costs and unclaimed money 253. Deficiency in trust account 254. Reporting certain irregularities and suspected irregularities 255. Keeping trust records 256. False names 257. Register of unclaimed money 258. Unclaimed money 259. Claims for unclaimed money 260. Appointment of investigators 261. Investigations 262. Application of Chapter 6 263. Investigators report 264. When costs of investigation are debt 265. Designation of external examiners 266. Trust records to be externally examined 267. Examination of affairs in connection with examination of trust records 268. Designation and appointment of associates as external examiners 269. Final examination of trust records 270. Carrying out examination 271. External examiners report 272. Law practice liable for costs of examination 273. Approval of ADIs 274. ADI not subject to certain obligations and liabilities 275. Reports, records and information 276. Restrictions on receipt of trust money 277. Application of Part to incorporated legal practices and multi-disciplinary partnerships 278. Application of Part to community legal centres 279. Disclosure to clients money not received or held as trust money 280. Disclosure of accounts used to hold money entrusted to law practice or legal practitioner associate 281. Regulations 282. Purposes 283. Definitions 284. Terms relating to third party payers 285. Application of Part first instructions rule 286. Part also applies by agreement or at clients election 287. Displacement of Part 288. How and where does a client first instruct a law practice? 289. How and when does a matter have a substantial connection with this jurisdiction? 290. What happens when different laws apply to a matter? 291. Disclosure of costs to clients 292. Disclosure of other information to clients 293. Disclosure if another law practice is to be retained 294. How and when must disclosure be made? 295. Exceptions to requirement for disclosure 296. Additional disclosure settlement of litigious matters 297. Additional disclosure uplift fees 298. Form of disclosure 299. Ongoing obligation to disclose 300. Effect of failure to disclose 301. Progress reports 302. Disclosure to associated third party payers 303. On what basis are legal costs recoverable? 304. Security for legal costs 305. Interest on unpaid legal costs 306. Making costs agreements 307. Conditional costs agreements 308. Conditional costs agreements involving uplift fees 309. Contingency fees prohibited 310. Effect of costs agreement 311. Certain costs agreements void 312. Setting aside costs agreements 313. Legal costs cannot be recovered unless bill has been given 314. Bills 315. Notification of clients rights 316. Request for itemised bill 317. Interim bills 318. Definition 319. Application by clients or third party payers for costs assessment 320. Application for costs assessment by law practice retaining another law practice 321. Application for costs assessment by law practice giving bill 322. How to make an application for costs assessment 323. Consequences of application 324. Persons to be notified of application 325. Procedure on assessment 326. Powers of costs assessor 327. Criteria for assessment 328. Assessment of costs by reference to costs agreement 329. Assessment of costs by reference to scale of costs 330. Outcome of assessment 331. Costs of assessment 332. Referral for disciplinary action 333. Objections to outcome of assessment 334. Review of costs assessor's decision by Supreme Court 335. Interim certificate 336. Enforcement of certificate of assessment 337. Interest on amount outstanding 338. Contracting out of Division by sophisticated clients 339. Regulations 340. Application of Part to incorporated legal practices and multi-disciplinary partnerships 341. Imputed acts, omission or knowledge 342. Purpose 343. Law practices required to insure 344. Barristers required to insure 345. Australian-registered foreign lawyers required to insure 346. Exemption from insurance requirements 347. Indemnity rules 348. Rule-making procedure 349. Purpose 350. Definitions 351. Time of default 352. Deposit of trust money into designated trust deposit account 353. Withdrawals 354. Claim on trust deposit account 355. Interest on trust account 356. Division does not apply to controlled money accounts 357. Trust to invest interest 358. Solicitors' Guarantee Fund 359. Minister to approve funding 360. Insurance 361. Application to Minister for payment from Guarantee Fund 362. Borrowing 363. Investment of funds of Guarantee Fund 364. Meaning of "relevant jurisdiction" 365. Defaults to which this Part applies 366. Defaults relating to financial services or investments 367. Prohibition on withdrawal of certain property 368. Appeal against prohibition on withdrawal of certain property 369. Default order 370. Advertisements 371. Claims about defaults 372. Time limit for making claims 373. Time limit for making claims following advertisement 374. Claims not affected by certain matters 375. Vesting of rights in Trust 376. Investigation of claims 377. Advance payments 378. Determination of claims 379. Claimant required to pursue claims, &c. 380. Maximum amount allowable 381. Costs 382. Interest 383. Reduction of claim because of other benefits 384. Subrogation 385. Repayment of certain amounts 386. Notification of delay in making decision 387. Notification of decision 388. Appeal against decision on claim 389. Appeal against failure to determine claim 390. Court proceedings 391. Payments for defaults 392. Caps on payments 393. Sufficiency of Guarantee Fund 394. Law practice to reimburse Guarantee Fund 395. Claims by law practices or associates about defaults 396. Claims by law practices or associates about notional defaults 397. Concerted interstate defaults 398. Defaults involving interstate elements where committed by one associate only 399. Protocols 400. Forwarding of claims 401. Investigation of defaults to which this Part applies 402. Investigation of defaults to which a corresponding law applies 403. Investigation of concerted interstate defaults and other defaults involving interstate elements 404. Recommendations by Trust to corresponding authorities 405. Recommendations to and decisions by Trust after receiving recommendations from corresponding authorities 406. Request to another jurisdiction to investigate aspects of claim 407. Request from another jurisdiction to investigate aspects of claim 408. Co-operation with other authorities 409. Interstate legal practitioner becoming authorised to withdraw from local trust account 410. Application of Part to incorporated legal practices 411. Application of Part to multi-disciplinary partnerships 412. Application of Part to sole practitioner whose practising certificate lapses 413. Prohibition regarding mortgage schemes 414. Mortgage investment schemes do not form part of law practice 415. Involvement of Australian legal practitioners in mortgage investment schemes 416. Regulations and rules Chapter 4 - Complaints and discipline 417. Purposes 418. Definitions 419. Application of Chapter to lawyers, former lawyers and former practitioners 420. Unsatisfactory professional conduct 421. Professional misconduct 422. Conduct capable of constituting unsatisfactory professional conduct or professional misconduct 423. Practitioners to whom this Chapter applies 424. Conduct to which this Chapter applies generally 425. Conduct to which this Chapter applies insolvency, serious offences and tax offences 426. Complaints 427. Making of complaints 428. Complaints made more than 3 years after conduct concerned 429. Further information and verification 430. Practitioner to be notified of complaint 431. Submissions by practitioner 432. Board to advise prescribed authority of complaint 433. Summary dismissal of complaints 434. Withdrawal of complaints 435. Board to advise prescribed authority of dismissal or withdrawal 436. Mediation of complaints 437. Facilitation of mediation 438. Admissibility of evidence and documents 439. Protection from liability 440. Complaints to be investigated 441. Timeframe for investigation of complaints 442. Appointment of investigator 443. Application of Chapter 6 (Investigatory powers) 444. Report to complainant 445. Referral of matters relating to professional misconduct 446. Interim order for suspension or non-issue of practising certificate 447. Board to advise prescribed authority of outcome of investigation 448. Other investigations 449. Referral of matters for costs assessment 450. Powers of Board after investigation 451. Dismissal of complaint 452. Board to advise prescribed authority of decision 453. Hearings of Board under this Chapter 454. Determination of Board 455. Application to Tribunal relating to compensation orders 456. Procedure for less serious complaint 457. Notice of determination 458. Application against determinations 459. Record of decision 460. Rules of procedural fairness 461. Duty to deal with complaints efficiently and expeditiously 462. Complainant and practitioner to be informed of action taken 463. Definitions 464. Applications to Tribunal 465. Further information and verification 466. Powers of Tribunal 467. Procedure at hearing of application 468. Evidence of conviction and sentence 469. Early termination of proceedings before Tribunal 470. Orders of Tribunal generally 471. Orders of Tribunal requiring official implementation in this jurisdiction 472. Orders of Tribunal requiring official implementation in another jurisdiction 473. Orders of Tribunal requiring compliance by practitioner 474. Ancillary or other orders of Tribunal 475. Alternative finding of Tribunal 476. Fines ordered by Tribunal 477. Reprimands 478. Interlocutory and interim orders of Tribunal 479. Consent orders 480. Compliance with determinations and orders of Tribunal 481. Cost orders of Tribunal 482. Notification of result of proceedings, &c., before Tribunal 483. Other remedies not affected 484. Appeals against orders of Tribunal 485. Hearing and determination of appeal 486. Applications to Supreme Court 487. Determination of application 488. Orders pending determination of complaint 489. Supreme Court to notify Board 490. Request by complainant for compensation order 491. Compensation orders 492. Prerequisites to making of compensation orders 493. Making of compensation orders 494. Enforcement of compensation orders 495. Other remedies not affected 496. Definitions 497. Register of Disciplinary Action 498. Other means of publicising disciplinary action 499. Quashing of disciplinary action 500. Liability for publicising disciplinary action 501. Disciplinary action taken where infirmity, injury or illness is involved 502. General 503. Protocols 504. Request to another jurisdiction to investigate complaint 505. Request from another jurisdiction to investigate complaint 506. Sharing of information with corresponding authorities 507. Co-operation with other authorities 508. Compliance with recommendations or orders made under corresponding laws 509. Other functions or powers not affected 510. Jurisdiction of Supreme Court 511. Information about complaints procedure 512. Referral of matter involving crimes 513. Failure to comply with orders 514. Complainant does not incur personal liability 515. Protection from liability 516. Confidentiality of client communications 517. Claims of privilege 518. Waiver of privilege or duty of confidentiality Chapter 5 - External intervention 519. Purpose 520. Interpretation 521. Application of Chapter to Australian-registered foreign lawyers 522. Application of Chapter to other persons 523. Circumstances warranting external intervention 524. Determination regarding external intervention 525. Appointment of supervisor of trust money 526. Notice of appointment 527. Effect of service of notice of appointment 528. Role of supervisor of trust money 529. Records of and dealing with trust money of law practice under supervision 530. Termination of supervisor's appointment 531. Appointment of manager 532. Notice of appointment 533. Effect of service of notice of appointment 534. Role of manager 535. Records and accounts of law practice under management and dealings with trust money 536. Deceased estates 537. Termination of managers appointment 538. Appointment of receiver by Supreme Court 539. Notice of appointment 540. Effect of service of notice of appointment 541. Role of receiver 542. Records and accounts of law practice under receivership and dealings with trust money 543. Power of receiver to take possession of regulated property 544. Power of receiver to take delivery of regulated property 545. Power of receiver to deal with regulated property 546. Power of receiver to require documents or information 547. Examinations 548. Lien for costs on regulated property 549. Regulated property not to be attached 550. Recovery of regulated property where there has been a breach of trust, &c. 551. Improperly destroying property, &c. 552. Deceased estates 553. Termination of receivers appointment 554. Conditions on appointment of external intervener 555. Status of acts of external intervener 556. Eligibility for reappointment or authorisation 557. Appeal against appointment 558. Directions of Supreme Court 559. Manager and receiver appointed for law practice 560. ADI disclosure requirements 561. Fees, legal costs and expenses 562. Reports by external intervener 563. Confidentiality 564. Provisions relating to requirements under this Part 565. Obstruction of external intervener 566. Protection from liability 567. Report to Board of disciplinary matters Chapter 6 - Investigatory Powers 568. Purpose 569. Interpretation 570. Application of Part 571. Requirements that may be imposed for investigations, examinations and audits under Parts 2.5 and 3.2 572. Requirements that may be imposed for investigations under Chapter 4 573. Provisions relating to requirements under this Part 574. Application of Part 575. Investigators power to enter premises 576. Search warrants 577. Powers of investigator while on premises 578. Application of Part 579. Investigative powers relating to investigations and audits 580. Examination of persons 581. Inspection of books 582. Power to hold hearings 583. Failure to comply with investigation 584. Obstruction of investigator 585. Destruction of evidence 586. Obligation of Australian lawyers 587. Permitted disclosure of confidential information 588. Report to Board of disciplinary matters Chapter 7 - Regulatory authorities 589. Establishment of Legal Profession Board of Tasmania 590. Membership of Board 591. Functions of Board 592. Powers of Board 593. Delegation by Board 594. Contracts 595. Committees 596. Employees 597. General rules 598. Funds of Board 599. Accounts 600. Audit 601. Annual report 602. Confidentiality 603. Protection from liability 604. Board of Legal Education 605. Membership of Board of Legal Education 606. Functions and powers of Board of Legal Education 607. Secretary of Board of Legal Education 608. Rules of Board of Legal Education 609. Rule-making procedure 610. Disciplinary Tribunal 611. Composition of Tribunal for proceedings 612. Change in composition 613. Immunity of members of Tribunal 614. Confidentiality 615. General functions and powers of Tribunal 616. Secretary to Tribunal 617. Report of Tribunal 618. The Law Society 619. Membership of Law Society 620. Functions of Law Society 621. The Council 622. Functions and powers of Council 623. Executive committee 624. Records of Council proceedings 625. Inspection of records of Council proceedings 626. Delegation 627. Power of Council to make by-laws 628. Procedure relating to making of by-laws 629. Executive Director and other employees 630. Institution of proceedings on behalf of Law Society 631. Law Society entitled to appear in certain proceedings 632. Protection from liability 633. Solicitors' Trust 634. Membership of Trust 635. Functions and powers of Trust 636. Trust deposit accounts 637. Application of funds in trust deposit accounts 638. Accounts, reports and audit Chapter 8 - Miscellaneous 639. Service of notices on local legal practitioners, locally registered foreign lawyers and law practices 640. Service on the Board or prescribed authority 641. Service of notices on other persons 642. When is service effective? 643. Evidentiary matters 644. Liability of principals 645. Injunctions 646. Disclosure of information by local regulatory authorities 647. Confidentiality of personal information 648. Professional privilege or duty of confidence does not affect validity of or compliance with certain requirements 649. Duty to report suspected offences 650. Destruction of documents 651. Change of name 652. Approved forms 653. Prescribed authority to report to Board 654. Request for information, &c. 655. Confidentiality of prescribed authority 656. Protection from liability for prescribed authority 657. Trust not obliged to pay liquidator's costs 658. Regulations 659. Administration of Act 660. Savings and transitional provisions 661. Repeal and rescission SCHEDULE 1 SCHEDULE 2 SCHEDULE 3 SCHEDULE 4 SCHEDULE 5 SCHEDULE 6 SCHEDULE 7 SCHEDULE 8 SCHEDULE 9[ Note: This table has been automatically generated and may be incomplete. ]