Victorian Numbered Acts
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LEGAL PROFESSION UNIFORM LAW APPLICATION ACT 2014 (NO. 17 OF 2014)
TABLE OF PROVISIONS
PART 1--PRELIMINARY
1. Purposes
2. Commencement
3. Definitions
PART 2--APPLICATION OF UNIFORM LAW
Division 1--General application provisions
4. Application of Legal Profession Uniform Law
5. Exclusion of legislation of this jurisdiction
6. Override of Charter of Human Rights and Responsibilities Act 2006
7. Disallowance of Uniform Regulations
8. No double jeopardy
Division 2--Further application provisions
9. Meaning of various terms used in Legal Profession Uniform Law (Victoria)
10. Designation of local authorities and tribunals
Division 3--of Part 5.4
11. Declaration of nominated fund and nominated trust authority
12. Dealing with unclaimed money
13. Approved insurance policy
14. Fidelity fund and fidelity authority
15. Dispute resolution and professional discipline for lawyers who are judicial officers in relation to previous conduct
16. Referral for costs assessment to be to Costs Court
17. Issuing authority for search warrants
18. Pecuniary penalties to be paid into Public Purpose Fund
PART 3--LOCAL REGULATORY AUTHORITIES
Division 1--Victorian Legal Admissions Board
19. Establishment
20. Functions and powers
21. Membership
22. Judge or retired judge appointed as member
23. Resignation and removal
24. Meetings
25. Validity of acts or decisions
26. Staff and consultants
27. Delegation
Division 2--Victorian Legal Services Board
28. Continuation of board under new name
29. Relationship to the Crown
30. Objectives
31. Functions and powers
32. Membership
33. Chairperson and deputy chairperson
34. Judge or former judge appointed as chairperson
35. Appointed members
36. Payment of members
37. Acting appointments
38. When does a member's office become vacant?
39. Meetings
40. Conflicts of interest
41. Resolutions without meetings
42. Validity of acts or decisions
43. Immunity
44. Delegation
45. Performance targets etc.
46. Annual report
47. Other reports
Division 3--Victorian Legal Services Commissioner
48. Establishment
49. Functions and powers
50. Relationship to Victorian Legal Services Board
51. Appointment of Victorian Commissioner
52. Acting Victorian Commissioner
53. Vacancy of Victorian Commissioner's office
54. Validity of acts and decisions
55. Immunity
56. Delegation
57. Annual report
58. Other reports
Division 4--General provisions for the Victorian Legal Services Board and Victorian Commissioner
59. Staff and consultants
60. Mediators
61. Immunity for mediators
Division 5--Victorian Legal Services Board elections
62. Elected members
63. Electoral rolls
64. Enrolment
65. Eligibility to stand and vote
66. Elections
67. Preferential voting for advocate member
68. Exhaustive preferential voting for non-advocate members
69. Casual vacancies of elected members
70. Arrangements with Victorian Electoral Commission
71. Regulations
PART 4--ADMISSION, PRACTISING CERTIFICATES AND REGISTRATION CERTIFICATES
Division 1--Admission
72. Admission fees
Division 2--Australian practising certificates
73. Australian practising certificate fees and fidelity fund contributions
74. Timing of application for renewal of local practising certificate
75. Late application for renewal of practising certificate
Division 3--Australian registration certificates
76. Australian registration certificate fees and costs
Division 4--General
77. Time limit for review applications in relation to certificates
PART 5--TRUST ACCOUNTS
Division 1--Statutory deposits into Public Purpose Fund
78. Definitions
79. Required deposit amount
80. Determination of required deposit amount
81. Requirement to deposit with the Victorian Legal Services Board
82. Deposit amounts to be paid to Public Purpose Fund
83. Repayment by Victorian Legal Services Board
84. Division does not apply to controlled money accounts
85. Exemption by Victorian Legal Services Board
86. Multiple trust accounts
Division 2--Authorised deposit-taking institutions
87. Arrangements with ADIs
Division 3--Approved clerks
88. Approval of clerks
89. Application of the Uniform Law to approved clerks
90. Rules for approved clerks
Division 4--External examinations and investigations
91. Costs of external examinations and investigations
PART 6--LEGAL COSTS
Division 1--Legal Costs Committee
92. Legal Costs Committee
93. Functions of the Legal Costs Committee
Division 2--Practitioner remuneration orders
94. Practitioner remuneration orders
95. Publication and availability of practitioner remuneration order
96. Disallowance by Parliament and application of Subordinate Legislation Act 1994
Division 3--Costs assessment
97. Appeal from decision of Costs Court
Division 4--Costs disputes
98. Definitions
99. Determination of costs disputes by VCAT
PART 7--PROFESSIONAL INDEMNITY INSURANCE
Division 1--Legal Practitioners' Liability Committee
100. Legal Practitioners' Liability Committee
101. Liability Committee not to represent the Crown
102. Functions and powers
103. Membership
104. Qualifications for membership
105. Payment of members
106. Acting members
107. Meetings
108. Resolutions without meetings
109. Validity of acts or decisions
110. Conflicts of interest
111. Staff and consultants
112. Confidentiality
113. Annual report
Division 2--Legal Practitioners' Liability Fund
114. Requirement for Liability Fund
115. Payments into Liability Fund
116. Payments out of Liability Fund
117. Investment of Liability Fund
118. Levies
Division 3--Professional indemnity insurance
119. Competition and Consumer Act 2010
120. Terms and conditions of insurance
PART 8--FIDELITY COVER
Division 1--Fidelity fund
121. Requirement for fidelity fund
122. Purpose of fidelity fund
123. Payments into the fidelity fund
124. Payments out of the fidelity fund
125. Solvency
126. Payments to liquidators etc.
127. Payments to Public Purpose Fund
Division 2--Contributions by and levies on approved clerks and community legal services
128. Annual contributions
129. Levies
130. Victorian Legal Services Board may recover contribution or levy
Division 3--Supplementary provisions for contributions and levies
131. Contributions and levies not to exceed prescribed amount
132. Employer must pay contribution or levy or reimburse employee
PART 9--PUBLIC PURPOSE FUND
133. Public Purpose Fund
134. Financial arrangements for Public Purpose Fund
135. Accounts in Public Purpose Fund
136. General Account
137. Statutory Deposit Account
138. Distribution Account
139. Funding of Legal Profession Uniform Framework
140. Expenses of Victorian Legal Services Board
141. Expenses of Victorian Commissioner
142. Expenses of VCAT
143. Legal aid funding
144. Funding of law-related services and activities
145. Victorian Legal Services Board may take into account previous funding
146. Further legal aid funding
147. Payments to fidelity fund
148. Payments to local professional associations for continuing legal education programs etc.
149. Timing of payments and instalments
PART 10--GENERAL
150. Victorian legal profession register
151. Information sharing
152. Liability of principals
153. Investigation of offences and contraventions
154. Prosecution of offences
155. Judicial review by Supreme Court
156. Regulations
PART 11--REPEALS AND AMENDMENTS
157. Legal Profession Act 2004
Division 2--Amendments
158. Interpretation of Legislation Act 1984—Definitions
159. Interpretation of Legislation Act 1984—New section 38L inserted
160. Consequential amendments
161. Repeal of amending provisions
PART 12--TRANSITIONAL PROVISIONS
Division 1--Preliminary
162. Definitions
163. General transitional provisions
164. Regulations dealing with transitional matters
Division 2--Local regulatory authorities
165. Legal Services Board
166. Legal Services Commissioner
Division 3--Admission, certificates and business practice
167. Admission fees
168. Barristers' practising certificates
169. Government lawyers
170. Managed investment schemes
Division 4--Trust accounts
171. Approved clerks
Division 5--Legal costs
172. Practitioner remuneration orders and Legal Costs Committee
Division 6--Fidelity cover
173. Fidelity fund
174. Contributions to fidelity fund
Division 7--Professional indemnity insurance
175. Legal Practitioners' Liability Committee
176. Insurance terms and conditions
177. Exemptions
178. Liability Fund
Division 8--Public Purpose Fund
179. Public Purpose Fund
Division 9--General
180. References to old Act
181. Community legal centres
182. Time limits
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
ENDNOTES
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