LEGAL PROFESSION UNIFORM LAW APPLICATION BILL 2020

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This is a Bill, not an Act. For current law, see the Acts databases.

LEGAL PROFESSION UNIFORM LAW APPLICATION BILL 2020

Western Australia

egal Profession Uniform Law Application Bill 2020 Contents Part 1 -- Preliminary 1. Short title 2 2. Commencement 2 3. Terms used 3 4. Act binds Crown 6 5. Application of Interpretation Act 1984 to Act and Uniform Law 7 Part 2 -- Legal Profession Uniform Law Division 1 -- Application of Legal Profession Uniform Law in the State 6. Application of Uniform Law as law of the State 8 7. Commencement of Uniform Law as law of the State 9 8. Tabling amending Acts 9 9. Disallowance of amending Acts 9 10. Commencement of amending Acts 11 11. Tabling of amending Act taken to be publication for Standing Orders 11 12. Interaction between Uniform Law and this Act 12 13. No double jeopardy 12 Division 2 -- Application of Uniform Regulations and Uniform Rules 14. Application of Uniform Regulations and Uniform Rules as laws of the State for Uniform Law and Act 12 170--1 page i Legal Profession Uniform Law Application Bill 2020 Contents 15. Publication of Uniform Regulations and Uniform Rules 14 16. Tabling and disallowance of Uniform Regulations and Uniform Rules 15 17. Interpretation Act 1984 s. 41 and 42 do not apply to Uniform Regulations and Uniform Rules 16 Division 3 -- Matters specified for Legal Profession Uniform Law (WA) 18. Meaning of this jurisdiction in Uniform Law 16 19. Costs assessor: Uniform Law s. 6 16 20. Designated local regulatory authorities: Uniform Law s. 6 16 21. Designated local roll authority: Uniform Law s. 6 18 22. Designated tribunals: Uniform Law s. 6 18 23. Fidelity authority: Uniform Law s. 6 19 24. Nominated fund and nominated trust authority: Uniform Law s. 149 19 25. Unclaimed money to be dealt with under Unclaimed Money Act 1990: Uniform Law s. 167 19 26. Fidelity fund: Uniform Law s. 222 20 27. Specified fund: Uniform Law s. 365 20 28. Issuing authority: Uniform Law s. 377 20 29. Specified manner for payment of pecuniary penalties: Uniform Law s. 456 20 Part 3 -- Local authorities Division 1 -- Legal Practice Board Subdivision 1 -- Establishment and functions 30. Establishment of Board 21 31. Relationship to Crown 21 32. Functions 21 33. Powers 21 34. Board to pay State contribution to fund the Legal Profession Uniform Framework 22 35. Delegation of powers and duties under this Act 22 36. Delegation of functions under Uniform Law: Uniform Law s. 406 23 Subdivision 2 -- Membership 37. Board members 23 38. Term of office 24 page ii Legal Profession Uniform Law Application Bill 2020 Contents 39. Who may vote in election 24 40. Removal or resignation 24 41. Chairperson and deputy chairperson 24 42. Casual vacancies 25 Subdivision 3 -- Practice and procedures 43. Meetings 25 44. Quorum 26 45. Voting 26 46. Procedures 26 Subdivision 4 -- Financial and reporting provisions 47. Application of funds 26 48. Accounts and records 27 49. Audit 27 50. Annual reports 27 51. Reports relating to operation and effectiveness of aspects of Uniform Law 28 Subdivision 5 -- Miscellaneous 52. Committees 29 53. Secretary of Board 29 54. Execution of documents by Board 29 55. Local regulations may be made about matters for Board 30 Division 2 -- Legal Services and Complaints Committee Subdivision 1 -- Establishment and functions 56. Establishment of Legal Services and Complaints Committee 30 57. Functions of Legal Services and Complaints Committee 31 58. Powers 32 59. Support 32 60. Delegation to Legal Services and Complaints Officer 32 Subdivision 2 -- Membership 61. Legal Services and Complaints Committee members 33 62. Term of office of legal members 33 63. Term of office of community representatives 34 64. Termination of office may be deferred 34 page iii Legal Profession Uniform Law Application Bill 2020 Contents 65. Deputies of community representatives 34 66. Chairperson and deputy chairperson 35 67. Removal or resignation 36 68. Leave of absence 37 69. Remuneration and allowances 37 Subdivision 3 -- Practice and procedures 70. Meetings 37 71. Quorum 38 72. Divisions 38 73. Voting 39 74. Procedures 39 Subdivision 4 -- Reporting provisions 75. Annual reports 39 76. Reports relating to functions 41 Subdivision 5 -- Local regulations 77. Local regulations about Legal Services and Complaints Committee 41 Division 3 -- Legal Services and Complaints Officer 78. Legal Services and Complaints Officer 42 79. Term of appointment 42 80. Functions 42 Division 4 -- Staff of Legal Services and Complaints Committee and Legal Services and Complaints Officer 81. Staff 43 Division 5 -- Legal Costs Committee Subdivision 1 -- Establishment and functions 82. Establishment of Legal Costs Committee 43 83. Functions 43 84. Powers 43 Subdivision 2 -- Membership 85. Legal Costs Committee members 43 86. Nominations 44 87. Term of office 45 88. Deputy chairperson 45 89. Deputy members 46 90. Removal or resignation 46 91. Leave of absence 47 page iv Legal Profession Uniform Law Application Bill 2020 Contents 92. Remuneration and allowances 47 Subdivision 3 -- Practice and procedures 93. Meetings 47 94. Quorum 48 95. Voting 48 96. Procedures 48 Subdivision 4 -- Financial provisions 97. Funds 49 98. Application of Financial Management Act 2006 and Auditor General Act 2006 49 Subdivision 5 -- Staff and facilities 99. Use of staff and facilities of departments 50 Division 6 -- Legal Contribution Trust Subdivision 1 -- Establishment and functions 100. Establishment of Legal Contribution Trust 51 101. Relationship to Crown 51 102. Functions 51 103. Powers 51 Subdivision 2 -- Membership 104. Constitution of Legal Contribution Trust 52 105. Chairperson 53 106. Deputy trustees 53 107. Removal or resignation 53 108. Meetings and procedures 54 109. Quorum 54 110. Voting 54 Subdivision 3 -- Execution of documents 111. Execution of documents by Legal Contribution Trust 55 Part 4 -- Admission, practising certificates and registration certificates Division 1 -- Admission 112. Requirements for applications for admission under Uniform Law s. 16 56 113. Full Bench of Supreme Court to admit individuals under Uniform Law s. 16 56 page v Legal Profession Uniform Law Application Bill 2020 Contents 114. Local regulations may prescribe matters about admission under Uniform Law 56 Division 2 -- Practising certificates 115. Requirements for applications for grant or renewal of Australian practising certificates under Uniform Law s. 44 57 116. Provisions about renewing Australian practising certificates under Uniform Law s. 44 58 117. Provisions about decisions on granting or renewing Australian practising certificates under Uniform Law s. 44 59 118. Local regulations may modify operation of Legal Profession Conduct Rules for barristers 60 Division 3 -- Registration certificates 119. Requirements for applications for grant or renewal of Australian registration certificates under Uniform Law s. 62 60 120. Provisions about renewing Australian registration certificates under Uniform Law s. 62 61 121. Provisions about decisions on granting or renewing Australian registration certificates under Uniform Law s. 62 62 Division 4 -- Interjurisdictional action 122. Requirements for written notice of interjurisdictional action under Uniform Law s. 24 and 80 63 Division 5 -- Miscellaneous 123. Functions of State Solicitor 63 124. Accreditation for person offering continuing professional development activity 64 125. Local regulations may provide contract legislative drafters are government lawyers 65 126. Local regulations in relation to government lawyers 66 Part 5 -- Trust accounts 127. Application for exemption under Uniform Law s. 130 67 page vi Legal Profession Uniform Law Application Bill 2020 Contents 128. Decision on exemption from complying with Uniform Law Pt. 4.2 67 129. Local regulations about receipt or holding of money by barristers: Uniform Law s. 133 67 130. Review of decisions referred to in Uniform Law s. 160 and 166 68 Part 6 -- Legal costs Division 1 -- Legal costs determinations 131. Term used: court 69 132. Legal costs determinations 69 133. Declaration of court in respect of which costs determinations may be made 70 134. Costs determinations may be amended or revoked 70 135. Costs determinations are fixed costs legislative provisions: Uniform Law s. 6 71 136. Review of costs determinations 71 137. Inquiries by Legal Costs Committee 71 138. Notice and submissions in respect of costs determination 72 139. Report and publication of costs determination 72 140. Effect of costs determinations 73 141. Reports 74 142. Law practice to disclose whether costs determination applies to calculating costs under Uniform Law s. 174 74 Division 2 -- Costs assessments 143. Functions of costs assessors 75 144. Requirements for applications for costs assessment: Uniform Law s. 198 75 145. Assessment of Legal Aid Commission bill 75 146. Determining and issuing certificate of costs assessment 76 147. Costs assessment binding on parties 76 148. Review of costs assessment: Uniform Law s. 205 76 149. Enforcement of, and interest on, costs assessment 77 150. Local regulations about costs assessments 77 page vii Legal Profession Uniform Law Application Bill 2020 Contents Part 7 -- Professional indemnity insurance Division 1 -- Preliminary 151. Terms used 78 152. Approved insurance policies for Act and Uniform Law 78 153. Attorney General's approval of insurance for Uniform Law 79 Division 2 -- Insurance and insurance policies Subdivision 1 -- Obtaining professional indemnity insurance and certificates 154. Meaning of PII arrangement 80 155. Law Society authorised to enter into PII arrangement 80 156. Application for arrangement insurance for whole financial year 81 157. Application for arrangement insurance for part of financial year in particular circumstances 82 158. Application by restructured law practices for arrangement insurance for part of financial year 83 159. Bar-approved insurance policy 84 160. Local regulations may provide for approval of PII schemes 84 Subdivision 2 -- Annual contribution for PII arrangement 161. Assessing annual contribution for PII entities 85 162. Method of assessing annual contribution for PII arrangement 86 163. Review of annual contribution assessment 88 164. Appeal against review of annual contribution assessment 88 165. Refund after review of, or appeal against, annual contribution assessment 89 166. Recovery of additional amount if incorrect information given for annual contribution assessment 89 Subdivision 3 -- Financial matters 167. Administration levy for PII arrangement 90 page viii Legal Profession Uniform Law Application Bill 2020 Contents 168. Interest payable on amounts overdue under this Part 90 169. Recovery of unpaid money 90 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 216 170. Modification of Uniform Law 91 171. Section 215 modified 91 172. Section 216 modified 92 Subdivision 2 -- Obtaining exemptions under Legal Profession Uniform Law (WA) 173. Requirements for application to be exempted under Uniform Law s. 215 92 174. Certificates of exemption if exempt under Uniform Law s. 215 93 175. Person to notify Board when exemption no longer applies 94 Division 4 -- Law Mutual (WA) and Law Mutual Fund 176. Continuation of Law Mutual (WA) 94 177. Continuation of Law Mutual Fund 94 178. Provisions about Law Mutual Fund 95 179. Application of money in Law Mutual Fund 95 180. Audit of Law Mutual Fund 96 181. Local regulations about winding up Law Mutual Fund 96 Division 5 -- PII management committee 182. Law Society may establish PII management committee 96 183. Delegation of Law Society's functions to PII management committee 96 184. Membership 97 185. Procedures 97 186. Dissolution of PII management committee 97 page ix Legal Profession Uniform Law Application Bill 2020 Contents Division 6 -- Miscellaneous 187. Undertakings about professional indemnity insurance 98 188. Requiring information about professional indemnity insurance 98 189. Sharing information about professional indemnity insurance 99 190. Evidence of exemption or insurance for Uniform Law 100 Part 8 -- Fidelity cover Division 1 -- Guarantee Fund 191. Term used: claim 101 192. Solicitors' Guarantee Fund 101 193. Payments out of Guarantee Fund 102 194. Application of Guarantee Fund for claims 102 195. Investment of Guarantee Fund 103 196. Notice of levy to supplement Guarantee Fund imposed under Uniform Law s. 226 103 197. Audit under Uniform Law s. 232 103 Division 2 -- Interest on trust accounts 198. Trust account arrangements to pay no more than 51% of interest to Legal Contribution Trust 104 199. Application of interest 104 200. Audit of expenditure 106 Part 9 -- Proceedings 201. Terms used 108 202. Constitution of State Administrative Tribunal 108 203. Procedure of State Administrative Tribunal 109 204. Disciplinary proceedings may involve 1 or more matters 109 205. Time for initiating disciplinary proceedings under Uniform Law s. 300 109 206. State Administrative Tribunal to conduct hearing for disciplinary proceeding 110 207. Variation of application initiating disciplinary proceeding 110 208. Interlocutory and interim orders in relation to disciplinary proceedings 111 page x Legal Profession Uniform Law Application Bill 2020 Contents 209. State Administrative Tribunal not bound by rules of evidence 111 210. Notification of particular State Administrative Tribunal orders 111 211. Provisions about fines imposed under Uniform Law s. 302 112 212. Giving effect to State Administrative Tribunal orders 112 213. State Administrative Tribunal to give order recommending removal of lawyer from roll or register to Principal Registrar 112 214. Official notification to Board and Legal Services and Complaints Committee of removal from roll under Uniform Law s. 23 113 Part 10 -- Registers Division 1 -- Certificate registers 215. Register of Australian practising certificates granted by the Board 114 216. Register of Australian registration certificates granted by the Board 115 Division 2 -- Disciplinary action register 217. Terms used 115 218. Register of disciplinary action 116 219. Public availability of register of disciplinary action 118 220. Publicising disciplinary action 118 221. Effect of quashing of disciplinary action 118 222. Publicising disciplinary action taken because of injury, infirmity or illness 118 223. Effect of secrecy provisions and non-disclosure orders 119 224. Liability for publicising disciplinary action 120 Division 3 -- Disqualification orders and approvals register 225. Disqualification orders and approvals register 121 page xi Legal Profession Uniform Law Application Bill 2020 Contents Part 11 -- Enforcement Division 1 -- Search warrants under Legal Profession Uniform Law (WA) 226. Application for search warrants under Uniform Law s. 377 122 227. Provisions for search warrants issued under Uniform Law s. 377 122 228. Use of force when executing search warrants issued under Uniform Law s. 377 123 229. Executed search warrants issued under Uniform Law s. 377 to be endorsed 123 230. Receipt for items seized under search warrants 124 Division 2 -- Contraventions of Act or Legal Profession Uniform Law (WA) 231. Board may appoint person to investigate contravention of Act or Uniform Law 124 232. Who may commence proceedings for offence against Act or Uniform Law 125 233. When prosecution may be commenced for offence against Uniform Law s. 10 or 11 125 234. Enforcement of orders to pay fines under Uniform Law 126 235. Board may recover pecuniary penalty to be paid under Uniform Law 126 Division 3 -- Notices under Legal Profession Uniform Law (WA) s. 371(1)(a) or (b) 236. Effect of notice under Uniform Law s. 371(1)(a) or (b) 126 Part 12 -- Law Society Public Purposes Trust 237. Terms used 128 238. Remaining interest on trust accounts to be paid to Law Society 128 239. Application of funds paid to Law Society 128 240. Legal Contribution Trust must provide copy of arrangements to Law Society 129 241. Tabling of instruments varying Law Society Public Purposes Trust Deed 129 page xii Legal Profession Uniform Law Application Bill 2020 Contents Part 13 -- Law library 242. Law library 130 243. Law library contributions 130 244. Local regulations for law library 132 Part 14 -- Miscellaneous 245. Information sharing 133 246. Conduct that constitutes unsatisfactory professional conduct or professional misconduct 133 247. Powers of Supreme Court unaffected 134 248. Liability of principals for contravention of Act 134 249. Defect or irregularity in person's appointment 134 250. Local regulations 134 251. Local approved forms 136 252. Delegation 136 253. Protection from liability 137 254. Certain witnesses compellable despite Uniform Law s. 468 138 255. Review of Act and Uniform Law 138 256. Laying documents before House of Parliament not sitting 139 257. Giving of documents generally 139 Part 15 -- Repeals 258. Repeals 142 259. Interpretation Act 1984 not affected 142 Part 16 -- Transitional provisions Division 1 -- Preliminary 260. Terms used 143 261. Interaction between this Part and Uniform Law Sch. 4 143 Division 2 -- Provisions about Legal Profession Uniform Law (WA) 262. Application of particular amending Acts enacted after 17 March 2020 but before commencement day 143 263. Application of s. 15 and 16 to Uniform Regulations and Uniform Rules made after 17 March 2020 but before commencement day 144 page xiii Legal Profession Uniform Law Application Bill 2020 Contents 264. Application of particular provisions of Uniform Law Sch. 4 Pt. 3 144 Division 3 -- Local regulatory bodies 265. Continuation of Legal Practice Board 145 266. Members of Legal Practice Board 145 267. Complaints Committee continues as Legal Services and Complaints Committee under this Act 146 268. Members of Complaints Committee 146 269. Continuation of other Legal Practice Board committees 147 270. Continuation of Law Complaints Officer 147 271. Continuation and membership of Legal Costs Committee 148 272. Continuation of Legal Costs Committee Account 148 273. Continuation and membership of Legal Contribution Trust 149 Division 4 -- Admission 274. Admission applications under old Act taken to be admission applications under this Act 149 275. Notice of objection to admission under old Act taken to be objection under Uniform Law 150 276. Status of academic qualifications obtained under old Act for Uniform Law s. 17 150 277. Status of approved practical legal training requirements under old Act for Uniform Law s. 17 150 278. Application for early consideration of suitability continues under Uniform Law 151 279. Decision of Legal Practice Board or State Administrative Tribunal about suitability continues under Uniform Law 151 280. Compliance certificate under old Act taken to be issued under Uniform Law 152 281. Applications to State Administrative Tribunal under old Act may be decided by Tribunal or Supreme Court 152 Division 5 -- Practitioners 282. Government lawyers taken to hold Australian practising certificates under Uniform Law for particular period 154 page xiv Legal Profession Uniform Law Application Bill 2020 Contents 283. Persons engaging in exempt work taken to have Australian practising certificates under Uniform Law for particular period 155 284. Continuing professional development 156 285. Persons approved as QA providers under former Legal Profession Rules 2009 taken to be accredited under s. 124 157 286. Approvals of law courses and legal training courses continued 157 287. Experience acquired before commencement day taken to be supervised legal practice under Uniform Law s. 49 158 288. Exemption or reduction of requirement to engage in restricted legal practice continues under Uniform Law 158 289. Order made under s. 77 of old Act continued 159 290. State Administrative Tribunal to decide how review of particular Legal Practice Board decisions about practising certificates to be dealt with 159 291. Reviews of particular Legal Practice Board decisions about registration certificates 161 Division 6 -- Trust accounts 292. Interest earned on trust account prior to commencement 162 293. Legal Contribution Trust and ADI taken to have entered into arrangement with nominated trust authority 163 294. Investigator under old Act taken to be appointed as external investigator under Uniform Law 163 295. Current investigations and external examinations under Pt. 9 of old Act to be dealt with under old Act 164 296. External investigations of actions before commencement day 164 Division 7 -- Legal costs 297. Continuation of legal costs determinations 165 Division 8 -- Professional indemnity insurance 298. Continuation and membership of PII management committee 165 page xv Legal Profession Uniform Law Application Bill 2020 Contents 299. Continuation of PII arrangement and certificates of insurance under PII regulations 166 300. Annual contribution under old Act taken to be contribution under this Act 167 301. Policy of professional indemnity insurance approved by Bar Association taken to be Bar-approved policy 167 302. Professional indemnity insurance scheme under old Act taken to be PII scheme 167 303. Method of assessment of annual contribution under old Act taken to be method of assessment determined under this Act 168 304. Review of or appeal against annual contribution continued under this Act 168 305. Legal Practice Board taken to have granted exemption from requirement to obtain professional indemnity insurance continued in particular cases 169 306. Insurance taken out under previous legislation continues 170 Division 9 -- Fidelity cover 307. Solicitors' Guarantee Fund continued 170 308. Continuation of Attorney General's approvals of investments under s. 342 of old Act 171 309. Contributions to Solicitors' Guarantee Fund 171 310. Agreed amount under s. 388 of old Act taken to be agreed amount for s. 199 171 Division 10 -- Complaints and discipline 311. Investigations not finalised before commencement day to be dealt with under old Act 172 312. Audit of incorporated legal practice under old Act continues under Uniform Law 173 313. Pre-commencement conduct may be investigated under Uniform Law 173 314. Review of summary conclusion decision under s. 426 of old Act after commencement day 174 315. Current reviews of Complaints Committee's summary conclusion decision under s. 426 of old Act 174 316. Review of Complaints Committee's decision to dismiss complaint 175 page xvi Legal Profession Uniform Law Application Bill 2020 Contents 317. State Administrative Tribunal to deal with review of Complaints Committee's decision to dismiss complaint before commencement day 176 318. Enforcing compensation orders under old Act 177 319. Compensation order under old Act taken into account in compensation under Uniform Law s. 311 177 Division 11 -- Registers 320. Local roll maintained under old Act taken to be Supreme Court roll for Uniform Law s. 22 177 321. Continuation of register of local practising certificates kept under old Act 177 322. Continuation of register of locally registered foreign lawyers kept under old Act 178 323. Continuation of Register of Disciplinary Action kept under old Act 178 Division 12 -- Law library 324. Continuation of law library 178 325. Law library contributions paid under old Act taken to be contributions under this Act 178 Division 13 -- Law Society Public Purposes Trust 326. Reference to repealed Law Society Public Purposes Trust Act 1985 taken to be to Pt. 12 179 327. Arrangements between Law Society and ADI under repealed Law Society Public Purposes Trust Act 1985 179 Division 14 -- Transitional regulations 328. Transitional regulations 179 Part 17 -- Consequential amendments to other Acts Division 1 -- Children and Community Services Act 2004 amended 329. Act amended 181 330. Section 148 amended 181 Division 2 -- Civil Judgments Enforcement Act 2004 amended 331. Act amended 181 page xvii Legal Profession Uniform Law Application Bill 2020 Contents 332. Section 30 amended 181 Division 3 -- Civil Liability Act 2002 amended 333. Act amended 182 334. Section 15L amended 182 335. Section 16 amended 182 336. Section 17 amended 183 337. Various references to "legal practitioner" amended 183 Division 4 -- Commercial Arbitration Act 2012 amended 338. Act amended 183 339. Section 24A amended 184 340. Section 33C amended 184 Division 5 -- Community Titles Act 2018 amended 341. Act amended 184 342. Section 3 amended 184 343. Section 117 amended 184 344. Section 137 amended 185 345. Section 182 amended 185 Division 6 -- District Court of Western Australia Act 1969 amended 346. Act amended 185 347. Section 6 amended 185 348. Section 10 amended 186 349. Section 64 amended 186 350. Section 66 amended 186 351. Section 88 amended 186 Division 7 -- Energy Arbitration and Review Act 1998 amended 352. Act amended 186 353. Section 49 replaced 187 49. Term used: Board 187 Division 8 -- Interpretation Act 1984 amended 354. Act amended 187 355. Section 5 amended 187 Division 9 -- Juries Act 1957 amended 356. Act amended 187 357. Section 3 amended 187 page xviii Legal Profession Uniform Law Application Bill 2020 Contents 358. Section 56A amended 188 359. Section 56B amended 188 360. Section 56C amended 189 361. Schedule 1 clause 3 replaced 189 3. Legal practitioners 189 Division 10 -- Law Reform Commission Act 1972 amended 362. Act amended 189 363. Section 6 amended 189 Division 11 -- Legal Aid Commission Act 1976 amended 364. Act amended 189 365. Section 4 amended 190 366. Section 7 amended 190 367. Section 14 amended 191 368. Section 17 amended 191 369. Section 18 amended 192 370. Section 19 amended 192 371. Section 20 amended 192 372. Section 25 amended 192 373. Section 39 amended 193 374. Section 40 amended 193 375. Section 50 amended 193 376. Section 52 amended 194 377. Section 56 amended 194 378. Section 61 amended 194 379. Section 64 amended 195 Division 12 -- Magistrates Court Act 2004 amended 380. Act amended 195 381. Schedule 1 clause 1 amended 195 Division 13 -- Prohibited Behaviour Orders Act 2010 amended 382. Act amended 196 383. Section 36 amended 196 Division 14 -- Public Trustee Act 1941 amended 384. Act amended 196 385. Section 2 amended 196 386. Section 47A amended 196 page xix Legal Profession Uniform Law Application Bill 2020 Contents Division 15 -- Registration of Deeds Act 1856 amended 387. Act amended 197 388. Section 6 amended 197 Division 16 -- Sale of Goods (Vienna Convention) Act 1986 amended 389. Act amended 197 390. Section 7 amended 198 Division 17 -- Spent Convictions Act 1988 amended 391. Act amended 198 392. Schedule 3 clause 1 amended 198 Division 18 -- State Administrative Tribunal Act 2004 amended 393. Act amended 199 394. Section 3 amended 199 395. Section 93 amended 200 396. Section 117 amended 200 397. Schedule 1 amended 200 Division 19 -- Strata Titles Act 1985 amended 398. Act amended 200 399. Repeal of certain provisions of this Division contingent on commencement of Strata Titles Amendment Act 2018 s. 84 200 400. Section 3 amended 201 401. Section 129B amended 201 402. Section 143 amended 201 403. Section 163 amended 201 404. Section 219 amended 202 Division 20 -- Workers' Compensation and Injury Management Act 1981 amended 405. Act amended 202 406. Section 5 amended 202 407. Section 5B inserted 202 5B. Meaning of prohibited person 202 408. Section 87 amended 204 409. Section 182S amended 204 410. Section 195 amended 204 411. Section 263 amended 204 page xx Legal Profession Uniform Law Application Bill 2020 Contents 412. Section 264 amended 204 413. Section 268 amended 205 414. Section 269 amended 205 415. Section 271 amended 205 416. Section 277 amended 206 Division 21 -- Young Offenders Act 1994 amended 417. Act amended 206 418. Section 37A amended 206 419. Section 152 amended 206 Division 22 -- Other amendments 420. Other Acts amended 206 Defined terms page xxi Western Australia LEGISLATIVE ASSEMBLY Legal Profession Uniform Law Application Bill 2020 A Bill for An Act to --  apply the Legal Profession Uniform Law (with modifications) as a law of Western Australia; and  provide for the tabling and disallowance of amendments made to the Legal Profession Uniform Law; and  provide for local matters that are ancillary to, or affect the operation of, the Legal Profession Uniform Law as a law of Western Australia; and  otherwise provide for the regulation of legal practice in Western Australia; and  repeal the Legal Profession Act 2008 and the Law Society Public Purposes Trust Act 1985; and  make savings and transitional arrangements; and  make consequential amendments to various Acts, and for related purposes. The Parliament of Western Australia enacts as follows: page 1 Legal Profession Uniform Law Application Bill 2020 Part 1 Preliminary s. 1 1 Part 1 -- Preliminary 2 1. Short title 3 This is the Legal Profession Uniform Law Application Act 2020. 4 2. Commencement 5 (1) This Act comes into operation as follows -- 6 (a) Part 1 -- on the day on which this Act receives the 7 Royal Assent; 8 (b) section 400 -- 9 (i) if the Strata Titles Amendment Act 2018 10 section 7 comes into operation on or before the 11 day fixed under paragraph (d) -- on the day 12 fixed under paragraph (d); or 13 (ii) otherwise -- immediately after the Strata Titles 14 Amendment Act 2018 section 7 comes into 15 operation; 16 (c) sections 402 and 403 -- 17 (i) if the Strata Titles Amendment Act 2018 18 section 83 comes into operation on or before the 19 day fixed under paragraph (d) -- on the day 20 fixed under paragraph (d); or 21 (ii) otherwise -- immediately after the Strata Titles 22 Amendment Act 2018 section 83 comes into 23 operation; 24 (d) the rest of the Act -- on a day fixed by proclamation. 25 (2) Subsection (1)(d) is subject to section 399. page 2 Legal Profession Uniform Law Application Bill 2020 Preliminary Part 1 s. 3 1 3. Terms used 2 (1) In this Act -- 3 accountant means a member of -- 4 (a) Chartered Accountants Australia and New Zealand 5 (ARBN 084 642 571); or 6 (b) CPA Australia Ltd (ACN 008 392 452); or 7 (c) the Institute of Public Accountants Ltd 8 (ACN 004 130 643); 9 amend, in relation to a Victorian Act, includes replace a 10 provision of the Act; 11 amending Act means a Victorian Act, other than the Legal 12 Profession Uniform Law Application Amendment Act 2019 13 (Victoria), that amends -- 14 (a) the Legal Profession Uniform Law Application Act 2014 15 (Victoria) Schedule 1; or 16 (b) the Uniform Regulations; or 17 (c) the Uniform Rules; 18 Board means the Legal Practice Board established under 19 section 30(1); 20 community representative has the meaning given in 21 section 61(1)(b); 22 contentious business means legal services by an Australian 23 legal practitioner in or for the purposes of any action, suit or 24 proceedings before a court, but does not include the 25 administration of estates and trusts; 26 costs determination means a legal costs determination made 27 under section 132; 28 department means the department of the Public Service 29 principally assisting the Attorney General in the administration 30 of this Act; 31 elected Board member has the meaning given in section 37(e); page 3 Legal Profession Uniform Law Application Bill 2020 Part 1 Preliminary s. 3 1 Guarantee Fund means the Solicitors' Guarantee Fund 2 established under section 192(1); 3 judicial officer means a person empowered to exercise 4 jurisdiction in a court, whether or not the person is sitting as a 5 court; 6 law library means the library that may be established under 7 section 242(1); 8 Law Mutual Fund means the fund continued under 9 section 177(1); 10 Law Society means the Law Society of Western Australia (Inc.); 11 Legal Aid Commission means the Legal Aid Commission of 12 Western Australia established under the Legal Aid Commission 13 Act 1976 section 6(1); 14 Legal Contribution Trust means the Legal Contribution Trust 15 established under section 100(1); 16 Legal Costs Committee means the Legal Costs Committee 17 established under section 82; 18 legal member has the meaning given in section 61(1)(a); 19 Legal Profession Uniform Framework means the uniform 20 framework for regulation of the legal profession as described in 21 the Intergovernmental Agreement or any uniform or national 22 framework for regulation of the legal profession that succeeds 23 that framework; 24 Legal Profession Uniform Law (WA) means the provisions 25 applying in the State because of section 6; 26 Legal Services and Complaints Committee means the Legal 27 Services and Complaints Committee established under 28 section 56(1); 29 Legal Services and Complaints Officer means the person 30 appointed to the office of Legal Services and Complaints 31 Officer established under section 78(1); 32 local approved form means a form approved for the purposes of 33 this Act under section 251(1); page 4 Legal Profession Uniform Law Application Bill 2020 Preliminary Part 1 s. 3 1 local legal practitioner means an Australian legal practitioner 2 whose home jurisdiction is this State; 3 non-contentious business means legal services other than 4 contentious business; 5 old Act means the Legal Profession Act 2008 -- 6 (a) as in force immediately before the day on which 7 section 258(a) comes into operation; and 8 (b) repealed under section 258(a); 9 PII management committee means the PII management 10 committee that may be established under section 182; 11 PII scheme means a PII scheme approved under the local 12 regulations made under section 160; 13 Principal Registrar has the meaning given in the Supreme 14 Court Act 1935 section 4(1); 15 registered company auditor has the meaning given in the 16 Corporations Act section 9; 17 statutory body means a body established or continued under a 18 written law for a public purpose; 19 trust account arrangement has the meaning given in 20 section 198(1); 21 Trust Interest Account means the account referred to in 22 section 199(2); 23 Uniform Regulations means -- 24 (a) the Legal Profession Uniform Regulations as in force 25 under the Legal Profession Uniform Law Application 26 Act 2014 (Victoria) Schedule 1 Part 9.1 immediately 27 before the day on which this definition comes into 28 operation (as amended or repealed by regulations to 29 which paragraph (b), or an Act to which paragraph (c), 30 applies); and 31 (b) the Legal Profession Uniform Regulations made under 32 the Legal Profession Uniform Law (WA) Part 9.1 on and page 5 Legal Profession Uniform Law Application Bill 2020 Part 1 Preliminary s. 4 1 after the day on which this definition comes into 2 operation; and 3 (c) the Legal Profession Uniform Regulations made by a 4 provision of an amending Act; 5 Uniform Rules means -- 6 (a) the Legal Profession Uniform Rules as in force under 7 the Legal Profession Uniform Law Application Act 2014 8 (Victoria) Schedule 1 Part 9.2 immediately before the 9 day on which this definition comes into operation (as 10 amended or repealed by rules to which paragraph (b), or 11 an Act to which paragraph (c), applies); and 12 (b) the Legal Profession Uniform Rules made under the 13 Legal Profession Uniform Law (WA) Part 9.2 on and 14 after the day on which this definition comes into 15 operation; and 16 (c) the Legal Profession Uniform Rules made by a 17 provision of an amending Act; 18 Uniform Rules (WA) means the Legal Profession Uniform 19 Rules (WA) applying as subsidiary legislation of the State under 20 section 14(2); 21 Western Australian Bar Association means the Western 22 Australian Bar Association (Inc.). 23 (2) Terms used in this Act and also in the Legal Profession Uniform 24 Law (WA) have the same meanings in this Act as they have in 25 the Law unless the contrary intention appears. 26 4. Act binds Crown 27 This Act binds the Crown in right of Western Australia and, so 28 far as the legislative power of the Parliament permits, the Crown 29 in all its other capacities. page 6 Legal Profession Uniform Law Application Bill 2020 Preliminary Part 1 s. 5 1 5. Application of Interpretation Act 1984 to Act and Uniform 2 Law 3 The Interpretation Act 1984 -- 4 (a) applies to this Act; but 5 (b) does not apply to the Legal Profession Uniform Law 6 (WA). 7 Note for paragraph (b): 8 See the Legal Profession Uniform Law (WA) section 7. page 7 Legal Profession Uniform Law Application Bill 2020 Part 2 Legal Profession Uniform Law Division 1 Application of Legal Profession Uniform Law in the State s. 6 1 Part 2 -- Legal Profession Uniform Law 2 Division 1 -- Application of Legal Profession Uniform Law in 3 the State 4 6. Application of Uniform Law as law of the State 5 (1) In this section -- 6 Legal Profession Uniform Law means the Legal Profession 7 Uniform Law set out in the Legal Profession Uniform Law 8 Application Act 2014 (Victoria) Schedule 1 as in force on 9 17 March 2020 -- 10 (a) as amended by -- 11 (i) the Legal Profession Uniform Law Application 12 Amendment Act 2019 (Victoria) Part 2 (when 13 that Part comes into operation in the State under 14 section 7(2)); and 15 (ii) all amending Acts that have effect for the 16 purposes of this Part under section 9 and have 17 come into operation under section 10; 18 and 19 (b) as modified by Part 7 Division 3 Subdivision 1 and the 20 local regulations made under section 126(1)(b). 21 (2) The Legal Profession Uniform Law -- 22 (a) applies as a law of the State; and 23 (b) as so applying, may be referred to as the Legal 24 Profession Uniform Law (WA); and 25 (c) so applies as if it were an Act. 26 Notes for this section: 27 1. See section 12 for how this Act interacts with the Legal Profession 28 Uniform Law (WA) in the event of an inconsistency. 29 2. See also Part 16 Division 2. page 8 Legal Profession Uniform Law Application Bill 2020 Legal Profession Uniform Law Part 2 Application of Legal Profession Uniform Law in the State Division 1 s. 7 1 7. Commencement of Uniform Law as law of the State 2 (1) For the purposes of the Legal Profession Uniform Law (WA) 3 section 2, the Law as in force on 17 March 2020 comes into 4 operation in the State on the day (commencement day) on 5 which this section comes into operation. 6 (2) For the purposes of paragraph (a)(i) of the definition of Legal 7 Profession Uniform Law in section 6(1), a provision of the 8 Legal Profession Uniform Law Application Amendment 9 Act 2019 (Victoria) Part 2 comes into operation in the State -- 10 (a) if the provision has come into operation in Victoria 11 before commencement day -- on commencement day; 12 or 13 (b) in any other case -- on the day on which the provision 14 comes into operation in Victoria under section 2(2) of 15 that Act. 16 8. Tabling amending Acts 17 An amending Act must be laid before each House of Parliament 18 within 18 sitting days of the House after the day on which the 19 Act receives the Royal Assent. 20 9. Disallowance of amending Acts 21 (1) In this section -- 22 disallowance period, in relation to a disallowance resolution 23 notice of which is given in a House of Parliament, means the 24 period of 30 sitting days of the House after the day on which the 25 notice is given; 26 disallowance resolution means a resolution that an amending 27 Act, or part of an amending Act, be disallowed; 28 notice period, in relation to an amending Act laid before a 29 House of Parliament under section 8, means the period of 30 14 sitting days of the House after the day on which the 31 amending Act is laid before it; page 9 Legal Profession Uniform Law Application Bill 2020 Part 2 Legal Profession Uniform Law Division 1 Application of Legal Profession Uniform Law in the State s. 9 1 partial disallowance resolution means a resolution that part of 2 an amending Act be disallowed. 3 (2) Subject to subsection (3), an amending Act has effect for the 4 purposes of this Part if the amending Act is laid before each 5 House of Parliament under section 8 and either -- 6 (a) no notice of a disallowance resolution is given in either 7 House within the notice period; or 8 (b) if at least 1 notice of a disallowance resolution is given 9 within the notice period then, for each such notice, 1 of 10 the following applies -- 11 (i) the notice is withdrawn or discharged within the 12 disallowance period; 13 (ii) the disallowance resolution is lost in the House 14 or not agreed to within the disallowance period; 15 (iii) the disallowance resolution is a partial 16 disallowance resolution and is agreed to within 17 the disallowance period. 18 (3) If a partial disallowance resolution is agreed to within the 19 disallowance period, the part of the amending Act to which the 20 resolution relates does not have effect for the purposes of this 21 Part. 22 (4) For the purposes of this section -- 23 (a) the period specified in section 8, a notice period or a 24 disallowance period continues to run even though a 25 House of Parliament is prorogued or dissolved or 26 expires; and 27 (b) notice of a disallowance resolution given in a House of 28 Parliament, or a motion that an amending Act be 29 disallowed in the House, does not lapse even though the 30 House is prorogued or dissolved or expires. page 10 Legal Profession Uniform Law Application Bill 2020 Legal Profession Uniform Law Part 2 Application of Legal Profession Uniform Law in the State Division 1 s. 10 1 10. Commencement of amending Acts 2 (1) In this section -- 3 amending provision means a provision of an amending Act that 4 amends -- 5 (a) the Legal Profession Uniform Law Application Act 2014 6 (Victoria) Schedule 1; or 7 (b) the Uniform Regulations; or 8 (c) the Uniform Rules. 9 (2) If, under section 9(2), an amending Act has effect for the 10 purposes of this Part, the Governor must declare that fact by 11 proclamation as soon as practicable. 12 (3) However, if part of the amending Act does not have effect for 13 the purposes of this Part under section 9(3), the Governor must 14 declare in the proclamation the extent that the amending Act 15 does not have effect. 16 (4) If an amending provision has come into operation in Victoria 17 before the proclamation is published in the Gazette, the 18 amending provision comes into operation, other than to the 19 extent that the provision does not have effect under section 9(3), 20 on a day fixed by the proclamation. 21 (5) If an amending provision has not come into operation in 22 Victoria before the proclamation is published in the Gazette, the 23 amending provision comes into operation, other than to the 24 extent that the provision does not have effect under section 9(3), 25 when the amending provision comes into operation in Victoria 26 in accordance with the amending Act. 27 11. Tabling of amending Act taken to be publication for 28 Standing Orders 29 (1) In this section -- 30 parliamentary committee means a committee established by 31 either or both Houses of Parliament. page 11 Legal Profession Uniform Law Application Bill 2020 Part 2 Legal Profession Uniform Law Division 2 Application of Uniform Regulations and Uniform Rules s. 12 1 (2) If a Standing Order of a House of Parliament provides that on 2 the publication of an instrument under a written law the 3 instrument is referred to a parliamentary committee for 4 consideration, the laying of an amending Act under section 8 is 5 taken to be publication of the amending Act for the purposes of 6 the Standing Order. 7 (3) This section does not apply if the Standing Orders of the House 8 provide specifically for how an amending Act may be 9 considered by a parliamentary committee. 10 12. Interaction between Uniform Law and this Act 11 If a provision of this Act is inconsistent with the Legal 12 Profession Uniform Law (WA), the provision of this Act 13 prevails to the extent of the inconsistency. 14 13. No double jeopardy 15 A person is not liable to be punished for an offence against the 16 Legal Profession Uniform Law (WA) if -- 17 (a) the act or omission that constitutes the offence also 18 constitutes an offence against a law of another 19 participating jurisdiction; and 20 (b) the person has been punished for the offence under the 21 law of the other jurisdiction. 22 Division 2 -- Application of Uniform Regulations and Uniform 23 Rules 24 14. Application of Uniform Regulations and Uniform Rules as 25 laws of the State for Uniform Law and Act 26 (1) The Uniform Regulations -- 27 (a) subject to subsections (3) and (4), apply as subsidiary 28 legislation of the State; and page 12 Legal Profession Uniform Law Application Bill 2020 Legal Profession Uniform Law Part 2 Application of Uniform Regulations and Uniform Rules Division 2 s. 14 1 (b) as so applying -- 2 (i) may be referred to as the Legal Profession 3 Uniform Regulations (WA); and 4 (ii) are the Uniform Regulations for the purposes of 5 the Legal Profession Uniform Law (WA) (despite 6 the definition of Uniform Regulations in 7 section 6(1) of the Law). 8 (2) The Uniform Rules -- 9 (a) subject to subsections (3) and (4), apply as subsidiary 10 legislation of the State; and 11 (b) as so applying -- 12 (i) may be referred to as the Legal Profession 13 Uniform Rules (WA); and 14 (ii) are the Uniform Rules for the purposes of the 15 Legal Profession Uniform Law (WA) (despite the 16 definition of Uniform Rules in section 6(1) of 17 the Law). 18 (3) The Uniform Regulations made under the Legal Profession 19 Uniform Law (WA) Part 9.1, and the Uniform Rules made under 20 the Legal Profession Uniform Law (WA) Part 9.2, on and after 21 the day on which this section comes into operation apply as 22 subsidiary legislation of the State subject to subsection (5) and 23 section 16. 24 (4) The Uniform Regulations or Uniform Rules made by a 25 provision of an amending Act apply as subsidiary legislation of 26 the State if the amending Act has effect for the purposes of this 27 Part under section 9 and has come into operation under 28 section 10. page 13 Legal Profession Uniform Law Application Bill 2020 Part 2 Legal Profession Uniform Law Division 2 Application of Uniform Regulations and Uniform Rules s. 15 1 (5) If a provision of the Uniform Regulations or Uniform Rules (the 2 subsidiary provision) is made under or for the purposes of a 3 provision inserted into the Legal Profession Uniform Law 4 Application Act 2014 (Victoria) Schedule 1 by a provision of an 5 amending Act (the amending Act provision) -- 6 (a) the subsidiary provision does not come into operation 7 for the purposes of its application as subsidiary 8 legislation of the State under subsection (1) or (2) until 9 the later of -- 10 (i) the day on which the amending Act provision 11 comes into operation for the purposes of this Part 12 under section 10; or 13 (ii) the day on which the subsidiary provision comes 14 into operation in Victoria; 15 and 16 (b) if the amending Act provision does not come into 17 operation for the purposes of this Part under section 10 18 because the provision is the subject of a disallowance 19 resolution or partial disallowance resolution under 20 section 9 -- the subsidiary provision does not apply as 21 subsidiary legislation of the State. 22 15. Publication of Uniform Regulations and Uniform Rules 23 (1) The Uniform Regulations and Uniform Rules made on or after 24 the day on which this section comes into operation must be 25 published in the Gazette no later than 18 days after the day on 26 which the regulations or rules are made. 27 (2) However, subsection (1) does not apply to a provision of an 28 amending Act that amends the Uniform Regulations or Uniform 29 Rules. page 14 Legal Profession Uniform Law Application Bill 2020 Legal Profession Uniform Law Part 2 Application of Uniform Regulations and Uniform Rules Division 2 s. 16 1 16. Tabling and disallowance of Uniform Regulations and 2 Uniform Rules 3 (1) The Uniform Regulations or Uniform Rules (the published 4 legislation) published under section 15(1) must be laid before 5 each House of Parliament within 6 sitting days of the House 6 after the day on which the published legislation is published in 7 the Gazette. 8 (2) Subsections (3) and (4) apply if -- 9 (a) the published legislation is not laid before each House of 10 Parliament in accordance with subsection (1); or 11 (b) both of the following apply -- 12 (i) notice of a resolution to disallow the published 13 legislation laid before a House of Parliament 14 under subsection (1), or part of the published 15 legislation, is given within 14 sitting days of the 16 House after the published legislation is laid 17 before the House under subsection (1); 18 (ii) the resolution to disallow the published 19 legislation or part of the published legislation is 20 agreed to by the House. 21 (3) The published legislation, or the part of the published 22 legislation, ceases to have effect as subsidiary legislation of the 23 State on the day on which subsection (2) starts to apply. 24 (4) If the published legislation amended or repealed the Uniform 25 Regulations or Uniform Rules that were in operation 26 immediately before the published legislation came into 27 operation, the Uniform Regulations or Uniform Rules amended 28 or repealed are revived on the day on which subsection (2) starts 29 to apply. 30 (5) For the purposes of this section -- 31 (a) the period specified in subsection (2)(b) continues to run 32 even though a House of Parliament is prorogued or 33 dissolved or expires; and page 15 Legal Profession Uniform Law Application Bill 2020 Part 2 Legal Profession Uniform Law Division 3 Matters specified for Legal Profession Uniform Law (WA) s. 17 1 (b) notice of the resolution to disallow the published 2 legislation, or the part of the published legislation, does 3 not lapse even though the House is prorogued or 4 dissolved or expires. 5 (6) If a resolution is agreed to under subsection (2)(b), notice of the 6 resolution must be published in the Gazette within 21 days after 7 the day on which the motion is passed. 8 17. Interpretation Act 1984 s. 41 and 42 do not apply to Uniform 9 Regulations and Uniform Rules 10 The Interpretation Act 1984 sections 41 and 42 do not apply to 11 the Uniform Regulations and Uniform Rules. 12 Division 3 -- Matters specified for Legal Profession Uniform 13 Law (WA) 14 18. Meaning of this jurisdiction in Uniform Law 15 In the Legal Profession Uniform Law (WA) -- 16 this jurisdiction means the State of Western Australia. 17 19. Costs assessor: Uniform Law s. 6 18 For the purposes of paragraph (b) of the definition of costs 19 assessor in the Legal Profession Uniform Law (WA) 20 section 6(1), each taxing officer of the Supreme Court has the 21 responsibility of conducting costs assessments. 22 20. Designated local regulatory authorities: Uniform Law s. 6 23 For the purposes of the definition of designated local regulatory 24 authority in the Legal Profession Uniform Law (WA) 25 section 6(1), a person or body specified in column 2 of the 26 Table is the designated local regulatory authority for the 27 provision of the Law specified opposite it in column 1. page 16 Legal Profession Uniform Law Application Bill 2020 Legal Profession Uniform Law Part 2 Matters specified for Legal Profession Uniform Law (WA) Division 3 s. 20 1 Table Column 1 Column 2 Provision of Legal Designated local regulatory Profession Uniform Law authority (WA) Section 14 Board Part 2.2 Board Chapter 3, other than Board section 82(4) Section 82(4) Legal Services and Complaints Committee Chapters 4, 5, 6 and 7 Board Section 421(2)(f) Board Section 436(1) Board or Legal Services and Complaints Committee Sections 436(2) and 437(1) Board Section 437(2) Board or Legal Services and Complaints Committee Section 446 Board Part 9.6 Board or Legal Services and Complaints Committee Sections 453(1) and 466(7) Board or Legal Services and Complaints Committee Schedule 3 Board page 17 Legal Profession Uniform Law Application Bill 2020 Part 2 Legal Profession Uniform Law Division 3 Matters specified for Legal Profession Uniform Law (WA) s. 21 1 21. Designated local roll authority: Uniform Law s. 6 2 For the purposes of the definition of designated local roll 3 authority in the Legal Profession Uniform Law (WA) 4 section 6(1), the Principal Registrar is the designated local roll 5 authority for the purposes of sections 23, 24 and 462 of the 6 Law. 7 22. Designated tribunals: Uniform Law s. 6 8 For the purposes of the definition of designated tribunal in the 9 Legal Profession Uniform Law (WA) section 6(1), a court or 10 tribunal specified in column 2 of the Table is the designated 11 tribunal for the provision of the Law specified opposite it in 12 column 1. 13 Table Column 1 Column 2 Provision of Legal Designated tribunal Profession Uniform Law (WA) Sections 23, 100, 101, 119, State Administrative 120 and 198 Tribunal Sections 247 and 248 Supreme Court Part 5.4 Division 3 and State Administrative Part 5.5 Tribunal Section 314 State Administrative Tribunal Parts 6.5 and 6.6 State Administrative Tribunal page 18 Legal Profession Uniform Law Application Bill 2020 Legal Profession Uniform Law Part 2 Matters specified for Legal Profession Uniform Law (WA) Division 3 s. 23 Column 1 Column 2 Provision of Legal Designated tribunal Profession Uniform Law (WA) Sections 453, 456 and 457 A court that would have jurisdiction to order payment of the pecuniary penalty if it were a debt Section 474(2) Any designated tribunal referred to in this Table 1 23. Fidelity authority: Uniform Law s. 6 2 For the purposes of the definition of fidelity authority in the 3 Legal Profession Uniform Law (WA) section 6(1), the specified 4 entity is the Legal Contribution Trust. 5 24. Nominated fund and nominated trust authority: Uniform 6 Law s. 149 7 For the purposes of the Legal Profession Uniform Law (WA) 8 section 149(6) -- 9 (a) the Trust Interest Account is the nominated fund for the 10 purposes of section 149 of the Law; and 11 (b) the Legal Contribution Trust is the nominated trust 12 authority for the purposes of section 149 of the Law. 13 25. Unclaimed money to be dealt with under Unclaimed Money 14 Act 1990: Uniform Law s. 167 15 For the purposes of the Legal Profession Uniform Law (WA) 16 section 167, unclaimed money is to be dealt with in accordance 17 with the Unclaimed Money Act 1990. page 19 Legal Profession Uniform Law Application Bill 2020 Part 2 Legal Profession Uniform Law Division 3 Matters specified for Legal Profession Uniform Law (WA) s. 26 1 26. Fidelity fund: Uniform Law s. 222 2 For the purposes of the Legal Profession Uniform Law (WA) 3 section 222, the Guarantee Fund is the fidelity fund for the 4 purposes of Part 4.5 of the Law. 5 27. Specified fund: Uniform Law s. 365 6 For the purposes of the Legal Profession Uniform Law (WA) 7 section 365(3), the Guarantee Fund is the specified fund. 8 28. Issuing authority: Uniform Law s. 377 9 For the purposes of the Legal Profession Uniform Law (WA) 10 section 377(1), a magistrate is an issuing authority authorised to 11 issue search warrants. 12 29. Specified manner for payment of pecuniary penalties: 13 Uniform Law s. 456 14 (1) For the purposes of the Legal Profession Uniform Law (WA) 15 section 456(a), a pecuniary penalty ordered under the Law is to 16 be paid to the Board. 17 (2) Despite the Legal Profession Uniform Law (WA) 18 section 299(1)(f), a specified amount ordered to be paid under 19 that section is to be paid to the Board. page 20 Legal Profession Uniform Law Application Bill 2020 Local authorities Part 3 Legal Practice Board Division 1 s. 30 1 Part 3 -- Local authorities 2 Division 1 -- Legal Practice Board 3 Subdivision 1 -- Establishment and functions 4 30. Establishment of Board 5 (1) The Legal Practice Board is established. 6 (2) The Board is a body corporate with perpetual succession. 7 (3) Proceedings may be taken by or against the Board in its 8 corporate name. 9 31. Relationship to Crown 10 The Board does not represent, and is not an agent of, the Crown. 11 32. Functions 12 The Board has the functions conferred on it by this Act, the 13 Legal Profession Uniform Law (WA) or another Act. 14 33. Powers 15 (1) The Board has all the powers it needs to perform its functions. 16 (2) Without limiting subsection (1), the Board may for the purpose 17 of performing its functions -- 18 (a) acquire, hold, manage, improve, develop and dispose of 19 any real or personal property; and 20 (b) enter into leases, contracts and arrangements; and 21 (c) provide, take and arrange security; and 22 (d) employ and engage staff; and 23 (e) do anything incidental to any of its powers. page 21 Legal Profession Uniform Law Application Bill 2020 Part 3 Local authorities Division 1 Legal Practice Board s. 34 1 34. Board to pay State contribution to fund the Legal Profession 2 Uniform Framework 3 Each financial year the Board must pay the Legal Services 4 Council the State's contribution to the funding of the Legal 5 Profession Uniform Framework as required by the 6 Intergovernmental Agreement. 7 35. Delegation of powers and duties under this Act 8 (1) The Board may delegate any of the Board's powers or duties 9 under another provision of this Act to -- 10 (a) a Board member; or 11 (b) a committee appointed under section 52(2)(a); or 12 (c) a person employed or engaged by the Board; or 13 (d) a person or class of persons prescribed by the local 14 regulations. 15 (2) The delegation must be in writing executed by the Board. 16 (3) A committee or person to whom a power or duty is delegated 17 under this section cannot delegate that power or duty. 18 (4) A committee or person exercising or performing a power or 19 duty that has been delegated to that committee or person under 20 this section is taken to do so in accordance with the terms of the 21 delegation unless the contrary is shown. 22 (5) Nothing in this section limits the ability of the Board to perform 23 a function through an officer or agent. 24 (6) This section does not apply to a power to execute documents. 25 Note for this subsection: 26 Authority to execute documents on behalf of the Board can be given 27 under section 54. page 22 Legal Profession Uniform Law Application Bill 2020 Local authorities Part 3 Legal Practice Board Division 1 s. 36 1 36. Delegation of functions under Uniform Law: Uniform Law 2 s. 406 3 For the purposes of the Legal Profession Uniform Law (WA) 4 section 406, the Board may delegate -- 5 (a) any of its Chapter 5 functions to -- 6 (i) the Legal Services and Complaints Committee; 7 or 8 (ii) the Legal Services and Complaints Officer; 9 or 10 (b) any of its other functions under the Law to a person, or 11 class of persons, prescribed by the local regulations. 12 Subdivision 2 -- Membership 13 37. Board members 14 The Board consists of -- 15 (a) the Attorney General; and 16 (b) the Solicitor General or, if there is no Solicitor General, 17 the State Solicitor; and 18 (c) a current or former judge of the Supreme Court 19 appointed by the Attorney General; and 20 (d) subject to section 40, each Queen's Counsel, and each 21 Senior Counsel -- 22 (i) whose home jurisdiction is this State; and 23 (ii) who is not a full-time judicial officer; and 24 (iii) who has, in writing, nominated themselves as a 25 member; 26 and 27 (e) 12 local legal practitioners of at least 3 years' standing 28 and practice who are elected as members (elected Board 29 members). page 23 Legal Profession Uniform Law Application Bill 2020 Part 3 Local authorities Division 1 Legal Practice Board s. 38 1 38. Term of office 2 Subject to section 40 and the local regulations, an elected Board 3 member holds office for a term of 2 years from the date of 4 becoming a member and is eligible for re-election. 5 39. Who may vote in election 6 Any local legal practitioner is eligible to vote in an election for 7 an elected Board member. 8 40. Removal or resignation 9 (1) The Attorney General may remove an elected Board member 10 from office if the member is absent without leave of the Board 11 from 3 consecutive meetings of the Board of which the member 12 has had notice. 13 (2) The Board may grant leave of absence to a Board member on 14 such terms and conditions as it considers appropriate. 15 (3) A Board member may resign from office by notice in writing 16 given to the Board. 17 41. Chairperson and deputy chairperson 18 (1) The Board members must elect -- 19 (a) a member to be chairperson of the Board; and 20 (b) a member to be deputy chairperson of the Board. 21 (2) A chairperson or deputy chairperson holds office for 1 year 22 unless they resign or cease to be a Board member. 23 (3) A Board member must not hold office as -- 24 (a) chairperson for more than 5 consecutive annual terms; 25 or 26 (b) deputy chairperson for more than 5 consecutive annual 27 terms. page 24 Legal Profession Uniform Law Application Bill 2020 Local authorities Part 3 Legal Practice Board Division 1 s. 42 1 (4) The deputy chairperson may act as chairperson -- 2 (a) if the chairperson is unable to act because of illness, 3 absence or other cause; or 4 (b) if requested to do so by the chairperson; or 5 (c) during a vacancy in the office of chairperson. 6 (5) While acting as chairperson of the Board the deputy chairperson 7 has, and may perform, the functions of chairperson. 8 (6) An act or omission of the deputy chairperson acting in the 9 chairperson's place cannot be questioned on the ground that the 10 occasion to act in the chairperson's place had not arisen or had 11 ceased. 12 (7) The chairperson of the Board is to be paid such remuneration 13 and allowances as the Board may determine. 14 42. Casual vacancies 15 If a casual vacancy occurs in the office of an elected Board 16 member, the Board may appoint a local legal practitioner to act 17 as a Board member for the balance of the term of that elected 18 member. 19 Subdivision 3 -- Practice and procedures 20 43. Meetings 21 (1) Meetings of the Board may be convened at the times and places 22 that the Board determines. 23 (2) Unless the Board determines otherwise, the presence of a person 24 at a meeting of the Board need not be by attendance in person 25 but may be by telephone or other means of instantaneous 26 communication. 27 (3) The chairperson of the Board, if present, is to preside at a 28 meeting of the Board. page 25 Legal Profession Uniform Law Application Bill 2020 Part 3 Local authorities Division 1 Legal Practice Board s. 44 1 (4) If neither the chairperson, nor the deputy chairperson acting as 2 the chairperson, is presiding under subsection (3), the members 3 present at the meeting are to appoint 1 of their number to 4 preside. 5 (5) A person appointed under subsection (4) has, and may perform, 6 the functions of chairperson. 7 44. Quorum 8 A quorum for a meeting of the Board is 4 Board members. 9 45. Voting 10 (1) Each Board member at a meeting of the Board has 1 vote. 11 (2) All questions at a meeting of the Board are to be decided by a 12 majority of the votes of the members present. 13 (3) In the case of an equality of votes, the person presiding has a 14 casting vote in addition to a deliberative vote. 15 46. Procedures 16 (1) The Board must ensure that minutes of its meetings are kept. 17 (2) Subject to this Act, the Board may determine its own 18 procedures. 19 (3) The Board is not required to conduct any proceedings in a 20 formal manner. 21 Subdivision 4 -- Financial and reporting provisions 22 47. Application of funds 23 The money received by the Board under this Act and the Legal 24 Profession Uniform Law (WA) must be applied by the Board for 25 the purposes of this Act and the Law, which include -- 26 (a) paying the funding contribution under section 34; and page 26 Legal Profession Uniform Law Application Bill 2020 Local authorities Part 3 Legal Practice Board Division 1 s. 48 1 (b) providing services and facilities for the purposes of 2 section 59; and 3 (c) the administration and enforcement of the local 4 regulations and the Uniform Rules (WA); and 5 (d) the payment of the law library contribution under 6 section 243(2). 7 48. Accounts and records 8 (1) The Board must -- 9 (a) cause to be kept proper accounts of the financial 10 transactions of the Board; and 11 (b) cause to be kept proper records of the business of the 12 Board; and 13 (c) prepare financial statements in accordance with 14 Australian Accounting Standards. 15 (2) Unless the Board determines otherwise, the financial statements 16 must be prepared on an accrual basis. 17 49. Audit 18 The accounts and financial statements of the Board must be 19 audited at least once a year, at the expense of the Board, by an 20 auditor appointed by the Board with the approval of the 21 Attorney General. 22 50. Annual reports 23 (1) The Board must, on or before 31 December in each year -- 24 (a) cause an annual report to be prepared in relation to the 25 activities of the Board in the year ending on the 26 preceding 30 June; and 27 (b) give a copy of the report to the Attorney General 28 together with a copy of the financial statements and the 29 auditor's report for the year. page 27 Legal Profession Uniform Law Application Bill 2020 Part 3 Local authorities Division 1 Legal Practice Board s. 51 1 (2) The annual report must include details of -- 2 (a) the number, nature and outcome of -- 3 (i) inquiries undertaken by the Board; and 4 (ii) matters that have been brought before the State 5 Administrative Tribunal by the Board under this 6 Act or the Legal Profession Uniform Law (WA); 7 and 8 (iii) any appeals that have been made from decisions 9 of the State Administrative Tribunal referred to 10 in subparagraph (ii); 11 and 12 (b) the number and nature of inquiries and matters referred 13 to in paragraph (a) that are outstanding; and 14 (c) any trends or special problems that may have emerged; 15 and 16 (d) a forecast of the workload of the Board in the year after 17 the year to which the report relates; and 18 (e) any proposals for improving the operation of the Board. 19 (3) The executive officer of the State Administrative Tribunal must 20 provide the Board with information it may request for the 21 purpose of preparing its annual report. 22 (4) The Attorney General must, within 14 days after the day on 23 which a copy of an annual report, financial statement and 24 auditor's report is given to the Attorney General by the Board, 25 cause a copy of the reports and statement to be laid before each 26 House of Parliament or dealt with under section 256. 27 51. Reports relating to operation and effectiveness of aspects of 28 Uniform Law 29 The Board, on its own initiative, may prepare and give a report 30 to the Attorney General on its views as to the operation and 31 effectiveness of the Legal Profession Uniform Law (WA) page 28 Legal Profession Uniform Law Application Bill 2020 Local authorities Part 3 Legal Practice Board Division 1 s. 52 1 Chapter 5, the carrying out of Chapter 5 functions, or any other 2 matter connected with those functions or with the Law. 3 Subdivision 5 -- Miscellaneous 4 52. Committees 5 (1) This section does not apply in relation to the Legal Services and 6 Complaints Committee. 7 (2) The Board may -- 8 (a) appoint committees of Board members; and 9 (b) discharge, alter or reconstitute any committee. 10 (3) A committee must comply with any direction or requirement of 11 the Board. 12 (4) A committee may, with the approval of the Board, invite any 13 person, including a member of staff, to participate in a meeting 14 of the committee but such a person cannot vote on any 15 resolution before the committee. 16 (5) Subject to subsections (2) to (4), a committee may determine its 17 own procedures. 18 53. Secretary of Board 19 (1) The Board may employ or engage a person to be the secretary 20 of the Board. 21 (2) The secretary has the functions that the Board directs the 22 secretary to perform. 23 54. Execution of documents by Board 24 (1) The Board must have a common seal. 25 (2) A document is duly executed by the Board if -- 26 (a) the common seal of the Board is affixed to it in 27 accordance with subsections (3) and (4); or page 29 Legal Profession Uniform Law Application Bill 2020 Part 3 Local authorities Division 2 Legal Services and Complaints Committee s. 55 1 (b) it is signed on behalf of the Board by a person or 2 persons authorised to do so under subsection (5). 3 (3) The common seal of the Board must not be affixed to any 4 document except as authorised by the Board. 5 (4) The common seal of the Board must be affixed to a document in 6 the presence of 2 Board members, each of whom must sign the 7 document to attest that the common seal was so affixed. 8 (5) The Board may, by writing under its seal, authorise 1 or more of 9 its members or staff members to sign documents on behalf of 10 the Board, either generally or subject to the conditions or 11 restrictions that are specified in the authorisation. 12 (6) A document purporting to be executed in accordance with this 13 section is taken to be duly executed unless the contrary is 14 shown. 15 (7) When a document is produced bearing a seal purporting to be 16 the common seal of the Board, the seal is taken to be the 17 common seal of the Board unless the contrary is shown. 18 55. Local regulations may be made about matters for Board 19 The local regulations may make provision for or in relation to 20 the following -- 21 (a) the election of Board members; 22 (b) the annual election of the chairperson and deputy 23 chairperson of the Board; 24 (c) the meetings and proceedings of the Board or a 25 committee of the Board. 26 Division 2 -- Legal Services and Complaints Committee 27 Subdivision 1 -- Establishment and functions 28 56. Establishment of Legal Services and Complaints Committee 29 (1) The Legal Services and Complaints Committee is established. page 30 Legal Profession Uniform Law Application Bill 2020 Local authorities Part 3 Legal Services and Complaints Committee Division 2 s. 57 1 (2) The Legal Services and Complaints Committee is a committee 2 of the Board. 3 57. Functions of Legal Services and Complaints Committee 4 (1) The Legal Services and Complaints Committee has the 5 functions conferred on it by this Act, the Legal Profession 6 Uniform Law (WA) or another Act. 7 (2) Without limiting subsection (1), it is a function of the Legal 8 Services and Complaints Committee -- 9 (a) to carry out a Chapter 5 function delegated to the 10 Committee by the Board under section 36(a)(i); and 11 (b) to supervise and direct the Legal Services and 12 Complaints Officer in the performance of the functions 13 of that office; and 14 (c) to comment on, and make recommendations in respect 15 of, this Act and the Legal Profession Uniform Law (WA) 16 to the extent that they may affect the functions of the 17 Legal Services and Complaints Committee. 18 (3) A community representative may also report independently, as 19 an individual, to the Attorney General on any aspect of -- 20 (a) a complaint under consideration by the Legal Services 21 and Complaints Committee under functions delegated 22 under section 36(a)(i); or 23 (b) the Uniform Rules (WA) as they relate to disciplinary 24 matters or the conduct of legal practice; or 25 (c) the activities of the Legal Services and Complaints 26 Officer or the Legal Services and Complaints 27 Committee. 28 (4) The Board must not direct or impose any requirement on the 29 Legal Services and Complaints Committee as to the 30 performance of its functions, unless directing or imposing the 31 requirement is permitted by the Legal Profession Uniform Law 32 (WA) section 408 or 411. page 31 Legal Profession Uniform Law Application Bill 2020 Part 3 Local authorities Division 2 Legal Services and Complaints Committee s. 58 1 58. Powers 2 The Legal Services and Complaints Committee has all the 3 powers it needs to perform its functions. 4 59. Support 5 The Board must ensure that the Legal Services and Complaints 6 Committee is provided with any services and facilities that are 7 reasonably necessary to enable the Committee to perform its 8 functions. 9 60. Delegation to Legal Services and Complaints Officer 10 (1) The Legal Services and Complaints Committee may delegate 11 any power or duty of the Committee under another provision of 12 this Act or the Legal Profession Uniform Law (WA) to the Legal 13 Services and Complaints Officer. 14 (2) The delegation must be in writing signed by the chairperson of 15 the Legal Services and Complaints Committee. 16 (3) The delegation may expressly authorise the Legal Services and 17 Complaints Officer to further delegate the power or duty to a 18 member of staff referred to in section 81. 19 (4) A person to whom a power or duty is delegated as authorised 20 under subsection (3) cannot delegate that power or duty. 21 (5) A person exercising or performing a power or duty that has been 22 delegated to the person under, or as authorised under, this 23 section is taken to do so in accordance with the terms of the 24 delegation unless the contrary is shown. 25 (6) A person exercising or performing a power or duty that has been 26 delegated to the person under, or as authorised under, this 27 section must do so in accordance with -- 28 (a) in the case of a delegation to the Legal Services and 29 Complaints Officer -- any directions given to the Legal 30 Services and Complaints Officer by the Legal Services 31 and Complaints Committee; or page 32 Legal Profession Uniform Law Application Bill 2020 Local authorities Part 3 Legal Services and Complaints Committee Division 2 s. 61 1 (b) in the case of a delegation to a member of staff -- any 2 directions given to the member of staff by the Legal 3 Services and Complaints Officer. 4 (7) Nothing in this section limits the ability of the Legal Services 5 and Complaints Committee to perform a function through an 6 officer or agent. 7 Subdivision 2 -- Membership 8 61. Legal Services and Complaints Committee members 9 (1) The Legal Services and Complaints Committee consists of -- 10 (a) at least 7 Australian legal practitioners (legal members) 11 appointed in writing by the Board, a majority of whom 12 are Board members; and 13 (b) at least 2 representatives of the community (community 14 representatives) appointed in writing by the Attorney 15 General, none of whom is to be a person who is or has 16 been an Australian lawyer. 17 (2) The Attorney General must consult with the Minister 18 responsible for the administration of the Fair Trading Act 2010 19 before appointing a community representative. 20 (3) A person must not be appointed as a community representative 21 if the appointment would result in the number of community 22 representatives on the Legal Services and Complaints 23 Committee exceeding one-quarter of the total membership of 24 the Committee. 25 62. Term of office of legal members 26 (1) A legal member -- 27 (a) holds office for a term specified in the instrument of 28 appointment; and 29 (b) is eligible for reappointment. page 33 Legal Profession Uniform Law Application Bill 2020 Part 3 Local authorities Division 2 Legal Services and Complaints Committee s. 63 1 (2) However -- 2 (a) subject to section 64, a legal member is not eligible to 3 hold office for more than 6 years in total; and 4 (b) a legal member's term is otherwise subject to this Act. 5 63. Term of office of community representatives 6 (1) A community representative -- 7 (a) holds office for a term of not more than 3 years 8 specified in the instrument of appointment; and 9 (b) is eligible for reappointment. 10 (2) However -- 11 (a) subject to section 64, a community representative is not 12 eligible to hold office for more than 6 years in total; and 13 (b) a community representative's term is otherwise subject 14 to this Act. 15 64. Termination of office may be deferred 16 Despite the term of office of a Legal Services and Complaints 17 Committee member having expired by effluxion of time, unless 18 the Attorney General otherwise directs, the member continues in 19 office -- 20 (a) until the member is reappointed, or a successor is 21 appointed; and 22 (b) in any event for the purpose of completing any 23 part-heard proceedings. 24 65. Deputies of community representatives 25 (1) The Attorney General may appoint 1 or more persons as 26 deputies of the community representatives (deputy community 27 representatives) on the Legal Services and Complaints 28 Committee. page 34 Legal Profession Uniform Law Application Bill 2020 Local authorities Part 3 Legal Services and Complaints Committee Division 2 s. 66 1 (2) A person appointed as a deputy community representative -- 2 (a) must be eligible for appointment as a community 3 representative; and 4 (b) is appointed on the terms applicable to a community 5 representative. 6 (3) A person appointed as a deputy community representative may, 7 with the concurrence of the chairperson of the Legal Services 8 and Complaints Committee, act in the place of a community 9 representative at a meeting of the Committee. 10 (4) While acting as a community representative, a deputy 11 community representative has and may perform the functions of 12 a community representative. 13 (5) An act or omission of a deputy community representative acting 14 in a community representative's place cannot be questioned on 15 the ground that the occasion to act in the community 16 representative's place had not arisen or had ceased. 17 66. Chairperson and deputy chairperson 18 (1) The Board -- 19 (a) must appoint a legal member who is a Board member as 20 chairperson of the Legal Services and Complaints 21 Committee; and 22 (b) may appoint a Legal Services and Complaints 23 Committee member who is a Board member as deputy 24 chairperson of the Legal Services and Complaints 25 Committee. 26 (2) The deputy chairperson may act as chairperson -- 27 (a) if the chairperson is unable to act because of illness, 28 absence or other cause; or 29 (b) if requested to do so by the chairperson; or 30 (c) during a vacancy in the office of chairperson. page 35 Legal Profession Uniform Law Application Bill 2020 Part 3 Local authorities Division 2 Legal Services and Complaints Committee s. 67 1 (3) While acting as chairperson of the Legal Services and 2 Complaints Committee the deputy chairperson has, and may 3 perform, the functions of chairperson. 4 (4) An act or omission of the deputy chairperson acting in the 5 chairperson's place cannot be questioned on the ground that the 6 occasion to act in the chairperson's place had not arisen or had 7 ceased. 8 67. Removal or resignation 9 (1) The Board may remove a legal member from office if the 10 member is absent without leave of the Attorney General or the 11 Legal Services and Complaints Committee from 3 consecutive 12 meetings of the Committee of which the member has had notice. 13 (2) The Attorney General may remove a community representative 14 from office -- 15 (a) if the community representative is a bankrupt or a 16 person whose affairs are under insolvency laws; or 17 (b) on the grounds of -- 18 (i) mental or physical incapacity to carry out the 19 community representative's duties in a 20 satisfactory manner; or 21 (ii) neglect of duty; or 22 (iii) misconduct; 23 or 24 (c) if the community representative is absent without leave 25 of the Attorney General or the Legal Services and 26 Complaints Committee from 3 consecutive meetings of 27 the Committee of which the representative has had 28 notice. 29 (3) A Legal Services and Complaints Committee member may 30 resign from office by notice in writing given to -- 31 (a) for a legal member -- the Board; or page 36 Legal Profession Uniform Law Application Bill 2020 Local authorities Part 3 Legal Services and Complaints Committee Division 2 s. 68 1 (b) for a community representative -- the Attorney General. 2 (4) A reference in this section (other than in subsection (2)(c)) to a 3 community representative includes a reference to a deputy 4 community representative appointed under section 65(1). 5 68. Leave of absence 6 (1) The Attorney General may grant leave of absence to a Legal 7 Services and Complaints Committee member on such terms and 8 conditions as the Attorney General considers appropriate. 9 (2) The Legal Services and Complaints Committee may grant leave 10 of absence to a Committee member on such terms and 11 conditions as the Committee considers appropriate. 12 69. Remuneration and allowances 13 A community representative is to be paid such remuneration and 14 allowances as the Attorney General from time to time, after 15 consultation with the Public Sector Commissioner, may 16 determine. 17 Subdivision 3 -- Practice and procedures 18 70. Meetings 19 (1) Meetings of the Legal Services and Complaints Committee may 20 be convened -- 21 (a) by the chairperson of the Committee; or 22 (b) by the Legal Services and Complaints Officer; or 23 (c) at the times and places that the Committee determines. 24 (2) The chairperson of the Legal Services and Complaints 25 Committee, if present, is to preside at a meeting of the 26 Committee. 27 (3) If neither the chairperson, nor the deputy chairperson acting as 28 the chairperson, is presiding under subsection (2), the members page 37 Legal Profession Uniform Law Application Bill 2020 Part 3 Local authorities Division 2 Legal Services and Complaints Committee s. 71 1 present at the meeting are to appoint 1 of their number to 2 preside. 3 (4) A person appointed under subsection (3) has, and may perform, 4 the functions of the chairperson. 5 71. Quorum 6 (1) A quorum for a meeting of the Legal Services and Complaints 7 Committee is 3 members, of whom -- 8 (a) 2 are legal members; and 9 (b) 1 is a community representative. 10 (2) Subsection (3) applies if -- 11 (a) an investigation by the Legal Services and Complaints 12 Committee under the Legal Profession Uniform Law 13 (WA) Chapter 5 has commenced; and 14 (b) either -- 15 (i) a Legal Services and Complaints Committee 16 member present at that commencement fails to 17 continue to participate in the proceedings; or 18 (ii) because a community representative fails to 19 continue to participate in the proceedings, no 20 quorum can be convened. 21 (3) The determination of the matter may be completed by the 22 remaining members. 23 72. Divisions 24 (1) The Legal Services and Complaints Committee may sit and 25 exercise jurisdiction as 1 or more Divisions if a quorum is 26 present. 27 (2) A reference in this Act to a meeting of the Legal Services and 28 Complaints Committee includes, unless the context otherwise 29 requires, a reference to a meeting when the Committee is 30 constituted by a Division. page 38 Legal Profession Uniform Law Application Bill 2020 Local authorities Part 3 Legal Services and Complaints Committee Division 2 s. 73 1 (3) A determination made by the Legal Services and Complaints 2 Committee when sitting as a Division is taken to be a 3 determination of the Committee as a whole. 4 73. Voting 5 (1) Each Legal Services and Complaints Committee member at a 6 meeting of the Committee has 1 vote. 7 (2) All questions at a meeting of the Legal Services and Complaints 8 Committee are to be decided by a majority of the votes of the 9 members present. 10 (3) In the case of an equality of votes, the person presiding has a 11 casting vote in addition to a deliberative vote. 12 74. Procedures 13 (1) The Legal Services and Complaints Committee must ensure that 14 minutes of its meetings are kept. 15 (2) Subject to this Act, the Legal Services and Complaints 16 Committee may determine its own procedures. 17 (3) The Legal Services and Complaints Committee is not required 18 to conduct any proceedings in a formal manner. 19 Subdivision 4 -- Reporting provisions 20 75. Annual reports 21 (1) The chairperson of the Legal Services and Complaints 22 Committee must, on or before 31 December in each year -- 23 (a) cause an annual report to be prepared in relation to the 24 activities of the Committee in the year ending on the 25 preceding 30 June; and 26 (b) give a copy of the report to the Attorney General. page 39 Legal Profession Uniform Law Application Bill 2020 Part 3 Local authorities Division 2 Legal Services and Complaints Committee s. 75 1 (2) The annual report must include details of -- 2 (a) the number, nature and outcome of -- 3 (i) inquiries undertaken by the Legal Services and 4 Complaints Committee; and 5 (ii) matters that have been brought before the State 6 Administrative Tribunal by the Legal Services 7 and Complaints Committee under this Act or the 8 Legal Profession Uniform Law (WA); and 9 (iii) any appeals that have been made from decisions 10 of the State Administrative Tribunal referred to 11 in subparagraph (ii); 12 and 13 (b) the number and nature of inquiries and matters referred 14 to in paragraph (a) that are outstanding; and 15 (c) any trends or special problems that may have emerged; 16 and 17 (d) a forecast of the workload of the Legal Services and 18 Complaints Committee in the year after the year to 19 which the report relates; and 20 (e) any proposals for improving the operation of the Legal 21 Services and Complaints Committee. 22 (3) The Legal Services and Complaints Officer must provide the 23 Legal Services and Complaints Committee with information it 24 may request for the purpose of preparing its annual report. 25 (4) The Attorney General must, within 14 days after the day on 26 which a copy of an annual report is given to the Attorney 27 General by the chairperson of the Legal Services and 28 Complaints Committee, cause a copy of the report to be laid 29 before each House of Parliament or dealt with under 30 section 256. page 40 Legal Profession Uniform Law Application Bill 2020 Local authorities Part 3 Legal Services and Complaints Committee Division 2 s. 76 1 76. Reports relating to functions 2 (1) In this section -- 3 function report means a report about -- 4 (a) matters relating to the Legal Services and Complaints 5 Committee's functions; and 6 (b) the operation and effectiveness of the provisions of this 7 Act or the Legal Profession Uniform Law (WA) 8 regulating the conduct and discipline of Australian legal 9 practitioners. 10 (2) The Legal Services and Complaints Committee must, when 11 requested by the Attorney General or the Board -- 12 (a) prepare a function report; and 13 (b) give the report to the Attorney General or the Board at 14 the time, and in the manner, requested. 15 (3) If a function report must be prepared under subsection (2)(a) -- 16 (a) a Legal Services and Complaints Committee member 17 may request that the report include certain matters that 18 the member considers appropriate; and 19 (b) the Legal Services and Complaints Committee must 20 comply with the request. 21 (4) The Legal Services and Complaints Committee may prepare 22 and give a function report to the Attorney General or the Board 23 on its own initiative. 24 Subdivision 5 -- Local regulations 25 77. Local regulations about Legal Services and Complaints 26 Committee 27 The local regulations may make provision for or in relation to 28 the functions of the Legal Services and Complaints Committee. page 41 Legal Profession Uniform Law Application Bill 2020 Part 3 Local authorities Division 3 Legal Services and Complaints Officer s. 78 1 Division 3 -- Legal Services and Complaints Officer 2 78. Legal Services and Complaints Officer 3 (1) An office of Legal Services and Complaints Officer is 4 established. 5 (2) The Board must appoint an Australian legal practitioner with 6 experience in the conduct of a law practice to the office of Legal 7 Services and Complaints Officer. 8 79. Term of appointment 9 A person appointed to the office of Legal Services and 10 Complaints Officer -- 11 (a) holds office for a term of not more than 5 years 12 specified in the instrument of appointment; and 13 (b) is eligible for reappointment. 14 80. Functions 15 (1) The Legal Services and Complaints Officer has the following 16 functions -- 17 (a) carrying out a Chapter 5 function delegated to the 18 Officer by the Board under section 36(a)(ii); 19 (b) carrying out any power or duty delegated to the Officer 20 under section 60; 21 (c) another function conferred on the Officer by this Act, 22 the Legal Profession Uniform Law (WA) or another Act. 23 (2) The Legal Services and Complaints Officer may -- 24 (a) appear at any investigation, inquiry or hearing under the 25 Legal Profession Uniform Law (WA) Chapter 5; and 26 (b) appear in person or be represented by an Australian 27 legal practitioner at the investigation, inquiry or hearing. page 42 Legal Profession Uniform Law Application Bill 2020 Local authorities Part 3 Staff of Legal Services and Complaints Committee and Legal Division 4 Services and Complaints Officer s. 81 1 Division 4 -- Staff of Legal Services and Complaints 2 Committee and Legal Services and Complaints Officer 3 81. Staff 4 The Board may employ or engage staff for the purpose of 5 assisting the Legal Services and Complaints Committee and the 6 Legal Services and Complaints Officer in the performance of 7 their functions. 8 Division 5 -- Legal Costs Committee 9 Subdivision 1 -- Establishment and functions 10 82. Establishment of Legal Costs Committee 11 The Legal Costs Committee is established. 12 83. Functions 13 The Legal Costs Committee has the functions conferred on it by 14 this Act or another Act. 15 84. Powers 16 The Legal Costs Committee has all the powers it needs to 17 perform its functions. 18 Subdivision 2 -- Membership 19 85. Legal Costs Committee members 20 (1) The Legal Costs Committee consists of the following members 21 appointed by the Governor -- 22 (a) a chairperson who is -- 23 (i) a judge of the Supreme Court or the District 24 Court; or 25 (ii) an Australian legal practitioner of at least 26 8 years' standing and practice; page 43 Legal Profession Uniform Law Application Bill 2020 Part 3 Local authorities Division 5 Legal Costs Committee s. 86 1 (b) 2 local Australian legal practitioners in private practice 2 nominated by the Attorney General under section 86; 3 (c) 3 persons who are not Australian lawyers, at least 1 of 4 whom must be an accountant. 5 (2) At least 1 Australian legal practitioner Legal Costs Committee 6 member must have experience in contentious business. 7 (3) At least 1 Australian legal practitioner Legal Costs Committee 8 member must have experience in non-contentious business. 9 86. Nominations 10 (1) If a nomination for appointment under section 85(1)(b) 11 or 89(2)(b) is required to be made, the Attorney General must, 12 by written notice -- 13 (a) request the Law Society to submit to the Attorney 14 General a list containing the names of not fewer than 15 twice the number of Australian legal practitioners in 16 private practice to be appointed; and 17 (b) specify a time within which the list must be submitted, 18 which must be at least 28 days after the day on which 19 the notice is given. 20 (2) If the Law Society has been requested by notice under 21 subsection (1) to submit a list, the Attorney General -- 22 (a) must, if the list is submitted within the time specified in 23 the notice, nominate for appointment 1 or more, as the 24 case requires, of the practitioners whose names appear 25 on the list; and 26 (b) may, if the list is not submitted within the time specified 27 in the notice, nominate for appointment a practitioner or 28 practitioners that the Attorney General considers 29 appropriate. page 44 Legal Profession Uniform Law Application Bill 2020 Local authorities Part 3 Legal Costs Committee Division 5 s. 87 1 87. Term of office 2 (1) Subject to section 90, a Legal Costs Committee member -- 3 (a) holds office for a term of not more than 3 years 4 specified in the instrument of appointment; and 5 (b) is eligible for reappointment. 6 (2) Subject to section 90, the deputy chairperson appointed under 7 section 88(1) or a deputy member appointed under 8 section 89(1) -- 9 (a) holds office for a term specified in the instrument of 10 appointment; and 11 (b) is eligible for reappointment. 12 88. Deputy chairperson 13 (1) The Governor may appoint a Legal Costs Committee member as 14 deputy chairperson of the Committee if the member is eligible 15 to be appointed as the chairperson of the Committee under 16 section 85(1)(a). 17 (2) The deputy chairperson may act as chairperson -- 18 (a) if the chairperson is unable to act because of illness, 19 absence or other cause; or 20 (b) if requested to do so by the chairperson; or 21 (c) during a vacancy in the office of chairperson. 22 (3) While acting as chairperson of the Legal Costs Committee the 23 deputy chairperson has, and may perform, the functions of 24 chairperson. 25 (4) An act or omission of the deputy chairperson acting in the 26 chairperson's place cannot be questioned on the ground that the 27 occasion to act in the chairperson's place had not arisen or had 28 ceased. page 45 Legal Profession Uniform Law Application Bill 2020 Part 3 Local authorities Division 5 Legal Costs Committee s. 89 1 89. Deputy members 2 (1) The Governor may appoint a person as a deputy of a Legal 3 Costs Committee member. 4 (2) A deputy member appointed under subsection (1) must be -- 5 (a) eligible to be appointed as the member for whom the 6 person is a deputy; and 7 (b) in the case of a deputy of a member appointed under 8 section 85(1)(b) -- nominated under section 86. 9 (3) A deputy of a member is, if the member is unable to act because 10 of illness, absence or other cause, entitled to act in the place of 11 that member and while so acting is taken to be a Legal Costs 12 Committee member. 13 (4) An act or omission of a deputy member acting in the place of a 14 Legal Costs Committee member cannot be questioned on the 15 ground that the occasion to act in the member's place had not 16 arisen or had ceased. 17 90. Removal or resignation 18 (1) In this section -- 19 member includes a deputy member appointed under 20 section 89(1). 21 (2) The Governor may remove a Legal Costs Committee member 22 from office -- 23 (a) if the member is a bankrupt or a person whose affairs 24 are under insolvency laws; or 25 (b) on the grounds of -- 26 (i) mental or physical incapacity to carry out the 27 member's duties in a satisfactory manner; or 28 (ii) neglect of duty; or 29 (iii) misconduct. page 46 Legal Profession Uniform Law Application Bill 2020 Local authorities Part 3 Legal Costs Committee Division 5 s. 91 1 (3) A Legal Costs Committee member may resign office by notice 2 in writing given to the Governor. 3 91. Leave of absence 4 The Attorney General may grant leave of absence to a Legal 5 Costs Committee member or deputy member on such terms and 6 conditions as the Attorney General considers appropriate. 7 92. Remuneration and allowances 8 A Legal Costs Committee member or deputy member is to be 9 paid such remuneration and allowances as the Attorney General 10 from time to time, after consultation with the Public Sector 11 Commissioner, may determine. 12 Subdivision 3 -- Practice and procedures 13 93. Meetings 14 (1) Meetings of the Legal Costs Committee may be convened at the 15 times and places that the Committee determines. 16 (2) The presence of a person at a meeting of the Legal Costs 17 Committee need not be by attendance in person but may be by 18 telephone or other means of instantaneous communication. 19 (3) The chairperson of the Legal Costs Committee, if present, is to 20 preside at a meeting of the Committee. 21 (4) If neither the chairperson, nor the deputy chairperson acting as 22 the chairperson, is presiding under subsection (3), the members 23 present at the meeting are to appoint 1 of their number to 24 preside. 25 (5) A person appointed under subsection (4) has, and may perform, 26 the functions of chairperson. page 47 Legal Profession Uniform Law Application Bill 2020 Part 3 Local authorities Division 5 Legal Costs Committee s. 94 1 94. Quorum 2 A quorum for a meeting of the Legal Costs Committee is 3 4 members, of whom -- 4 (a) 2 are Australian legal practitioners; and 5 (b) 2 are members appointed under section 85(1)(c). 6 95. Voting 7 (1) Each Legal Costs Committee member has 1 vote. 8 (2) All questions at a meeting of the Legal Costs Committee are to 9 be decided by a majority of the votes of the members present. 10 (3) In the case of an equality of votes -- 11 (a) if the chairperson is present -- the chairperson has a 12 casting vote in addition to a deliberative vote; or 13 (b) if the chairperson is not present but the deputy 14 chairperson is present -- the deputy chairperson has a 15 casting vote in addition to a deliberative vote; or 16 (c) if the chairperson and deputy chairperson are not 17 present -- the question remains unresolved until the 18 next meeting at which either the chairperson or deputy 19 chairperson is present. 20 96. Procedures 21 (1) The Legal Costs Committee must ensure that minutes of its 22 meetings are kept. 23 (2) Subject to this Act, the Legal Costs Committee may determine 24 its own procedures. page 48 Legal Profession Uniform Law Application Bill 2020 Local authorities Part 3 Legal Costs Committee Division 5 s. 97 1 Subdivision 4 -- Financial provisions 2 97. Funds 3 (1) The funds available for the purpose of enabling the Legal Costs 4 Committee to perform its functions consist of -- 5 (a) money from time to time appropriated by Parliament; 6 and 7 (b) other money lawfully made available to the Legal Costs 8 Committee. 9 (2) Funds referred to in subsection (1) are to be credited to the 10 Legal Costs Committee Account established under 11 subsection (3). 12 (3) An account called the Legal Costs Committee Account is to be 13 established -- 14 (a) as an agency special purpose account under the 15 Financial Management Act 2006 section 16; or 16 (b) with the approval of the Treasurer, at a bank as defined 17 in the Financial Management Act 2006 section 3. 18 (4) The Legal Costs Committee Account is to be charged with -- 19 (a) the remuneration and allowances payable under 20 section 92; and 21 (b) all other expenditure lawfully incurred by the Legal 22 Costs Committee in the performance of its functions. 23 98. Application of Financial Management Act 2006 and Auditor 24 General Act 2006 25 The provisions of the Financial Management Act 2006 and the 26 Auditor General Act 2006 regulating the financial 27 administration, audit and reporting of statutory authorities apply 28 to and in respect of the Legal Costs Committee and its 29 operations. page 49 Legal Profession Uniform Law Application Bill 2020 Part 3 Local authorities Division 5 Legal Costs Committee s. 99 1 Subdivision 5 -- Staff and facilities 2 99. Use of staff and facilities of departments 3 (1) In this section -- 4 administered statutory body means a body established or 5 continued for a public purpose under a written law administered 6 by the Attorney General; 7 employing authority has the meaning given in the Public Sector 8 Management Act 1994 section 5(1); 9 government entity means -- 10 (a) the department; or 11 (b) an administered statutory body. 12 (2) The Legal Costs Committee may make use of the services of 13 any officer or employee in a government entity -- 14 (a) by arrangement with the employing authority of the 15 officer or employee; and 16 (b) with the approval of the Attorney General. 17 (3) The Legal Costs Committee may make use of any facilities of a 18 government entity -- 19 (a) by arrangement with -- 20 (i) if the entity is the department -- the chief 21 executive officer of the department; or 22 (ii) if the entity is an administered statutory body -- 23 the administered statutory body; 24 and 25 (b) with the approval of the Attorney General. page 50 Legal Profession Uniform Law Application Bill 2020 Local authorities Part 3 Legal Contribution Trust Division 6 s. 100 1 Division 6 -- Legal Contribution Trust 2 Subdivision 1 -- Establishment and functions 3 100. Establishment of Legal Contribution Trust 4 (1) The Legal Contribution Trust is established. 5 (2) The Legal Contribution Trust is a body corporate with perpetual 6 succession. 7 (3) Proceedings may be taken by or against the Legal Contribution 8 Trust in its corporate name. 9 101. Relationship to Crown 10 The Legal Contribution Trust does not represent, and is not an 11 agent of, the Crown. 12 102. Functions 13 (1) The Legal Contribution Trust has the following functions -- 14 (a) to receive and invest money paid to it under this Act, the 15 Legal Profession Uniform Law (WA) or another Act; 16 (b) to apply money resulting from investments in the 17 manner and for the purposes provided for by Part 8; 18 (c) to administer and control the Guarantee Fund; 19 (d) another function conferred or imposed on it by this Act, 20 the Legal Profession Uniform Law (WA) or another Act. 21 (2) The Legal Contribution Trust may employ or engage persons to 22 provide any professional, technical or other assistance that the 23 Trust considers necessary to enable it to perform its functions. 24 103. Powers 25 The Legal Contribution Trust has all the powers it needs to 26 perform its functions. page 51 Legal Profession Uniform Law Application Bill 2020 Part 3 Local authorities Division 6 Legal Contribution Trust s. 104 1 Subdivision 2 -- Membership 2 104. Constitution of Legal Contribution Trust 3 (1) The Legal Contribution Trust consists of the following 4 3 trustees appointed by the Governor -- 5 (a) 1 Australian lawyer nominated in writing by the Law 6 Society to represent the Law Society; 7 (b) 1 Australian lawyer nominated in writing by the Board 8 to represent the Board; 9 (c) 1 person who is not an Australian lawyer and is 10 nominated in writing by the Attorney General. 11 (2) A trustee holds office during the pleasure of the person by 12 whom the trustee was nominated. 13 (3) The Attorney General must, as the occasion requires, give a 14 written notice to the Law Society or the Board (as the case 15 requires) that states they must nominate an Australian lawyer 16 for the purposes of this section. 17 (4) A nomination must be made within the period specified in the 18 notice under subsection (3) (being a period of at least 1 month) 19 or within any further period that the Attorney General may 20 allow. 21 (5) If the Attorney General has not been given the required 22 nomination at the expiry of the period specified in the notice 23 under subsection (3) or any further period allowed by the 24 Attorney General, the Attorney General must nominate a person 25 that the Attorney General considers appropriate, having regard 26 to the body the nominee is to represent. 27 (6) Subsections (1) and (2) and sections 105 and 107(3) apply to a 28 trustee nominated by the Attorney General under subsection (5) 29 as if that trustee had been nominated by the body that the trustee 30 is nominated to represent on the Legal Contribution Trust. page 52 Legal Profession Uniform Law Application Bill 2020 Local authorities Part 3 Legal Contribution Trust Division 6 s. 105 1 105. Chairperson 2 (1) The trustee nominated by the Law Society is to be chairperson 3 of the Legal Contribution Trust. 4 (2) If there is no trustee nominated by the Law Society, the 5 Attorney General must appoint a trustee to act as chairperson. 6 106. Deputy trustees 7 (1) The Governor may appoint a person to be a deputy of a trustee 8 of the Legal Contribution Trust and may terminate such an 9 appointment at any time. 10 (2) The provisions of this Division that apply to and in relation to 11 the appointment of a trustee apply, with any necessary 12 modification, to and in relation to the appointment of the deputy 13 of that trustee. 14 (3) A deputy of a trustee may perform the functions of the trustee 15 when the trustee is unable to do so by reason of illness, absence 16 or other cause, and while so acting is taken to be a trustee. 17 (4) No act or omission of a person acting in place of another under 18 this section is to be questioned on the ground that the occasion 19 for acting had not arisen or had ceased. 20 107. Removal or resignation 21 (1) A trustee of the Legal Contribution Trust may resign from 22 office by notice in writing given to the person or body who 23 nominated the trustee. 24 (2) A trustee who resigns under subsection (1) must give a copy of 25 the notice of resignation to the Legal Contribution Trust. 26 (3) The Governor may, at the request of the person who nominated 27 a trustee, remove that trustee from office and appoint a person 28 eligible to be a trustee instead. page 53 Legal Profession Uniform Law Application Bill 2020 Part 3 Local authorities Division 6 Legal Contribution Trust s. 108 1 108. Meetings and procedures 2 (1) The chairperson of the Legal Contribution Trust must -- 3 (a) convene such meetings of the Legal Contribution Trust 4 as the chairperson considers necessary for the efficient 5 conduct of its business; and 6 (b) on the written request of a trustee of the Legal 7 Contribution Trust, convene a meeting of the Legal 8 Contribution Trust. 9 (2) The chairperson of the Legal Contribution Trust, if present, is to 10 preside at a meeting of the Legal Contribution Trust. 11 (3) If neither the chairperson, nor the deputy of the chairperson, is 12 presiding under subsection (2), the trustees present at the 13 meeting are to appoint 1 of their number to preside. 14 (4) A trustee appointed under subsection (3) has, and may perform, 15 the functions of chairperson. 16 (5) The Legal Contribution Trust must ensure that minutes of its 17 meetings are kept. 18 (6) Subject to this Act, the Legal Contribution Trust may determine 19 its own procedures. 20 109. Quorum 21 A quorum for a meeting of the Legal Contribution Trust is 22 2 trustees. 23 110. Voting 24 (1) Each trustee at a meeting of the Legal Contribution Trust has 25 1 vote. 26 (2) All questions at a meeting of the Legal Contribution Trust are to 27 be decided by a majority of the votes of the trustees present. 28 (3) In the case of an equality of votes, the question is resolved in 29 the negative. page 54 Legal Profession Uniform Law Application Bill 2020 Local authorities Part 3 Legal Contribution Trust Division 6 s. 111 1 Subdivision 3 -- Execution of documents 2 111. Execution of documents by Legal Contribution Trust 3 (1) The Legal Contribution Trust must have a common seal. 4 (2) A document is duly executed by the Legal Contribution Trust 5 if -- 6 (a) the common seal of the Trust is affixed to it in 7 accordance with subsections (3) and (4); or 8 (b) it is signed on behalf of the Trust by a person or persons 9 authorised to do so under subsection (5). 10 (3) The common seal of the Legal Contribution Trust must not be 11 affixed to any document except as authorised by the Trust. 12 (4) The common seal of the Legal Contribution Trust must be 13 affixed to a document in the presence of 2 trustees, each of 14 whom must sign the document to attest that the common seal 15 was so affixed. 16 (5) The Legal Contribution Trust may, by writing under its seal, 17 authorise 1 or more trustees or staff members to sign documents 18 on behalf of the Trust, either generally or subject to the 19 conditions or restrictions that are specified in the authorisation. 20 (6) A document purporting to be executed in accordance with this 21 section is taken to be duly executed unless the contrary is 22 shown. 23 (7) When a document is produced bearing a seal purporting to be 24 the common seal of the Legal Contribution Trust, the seal is 25 taken to be the common seal of the Trust unless the contrary is 26 shown. page 55 Legal Profession Uniform Law Application Bill 2020 Part 4 Admission, practising certificates and registration certificates Division 1 Admission s. 112 1 Part 4 -- Admission, practising certificates and 2 registration certificates 3 Division 1 -- Admission 4 112. Requirements for applications for admission under Uniform 5 Law s. 16 6 An individual may apply for admission by the Supreme Court 7 under the Legal Profession Uniform Law (WA) section 16 -- 8 (a) in accordance with -- 9 (i) the local regulations; and 10 (ii) the Supreme Court's rules of court; and 11 (iii) a practice direction of the Supreme Court; 12 and 13 (b) by paying the fee (if any) prescribed by the local 14 regulations. 15 113. Full Bench of Supreme Court to admit individuals under 16 Uniform Law s. 16 17 The Supreme Court must be constituted by at least 3 judges 18 when admitting an individual under the Legal Profession 19 Uniform Law (WA) section 16. 20 114. Local regulations may prescribe matters about admission 21 under Uniform Law 22 (1) The local regulations may make provision for or in relation to 23 the following -- 24 (a) providing practical legal training for the purposes of the 25 Legal Profession Uniform Law (WA) section 17(1)(b), 26 including the accreditation and reaccreditation of 27 practical legal training providers in accordance with the 28 Admission Rules under the Legal Profession Uniform 29 Law (WA) section 29; page 56 Legal Profession Uniform Law Application Bill 2020 Admission, practising certificates and registration certificates Part 4 Practising certificates Division 2 s. 115 1 (b) exempting persons under the Legal Profession Uniform 2 Law (WA) section 18 from the specified academic 3 qualifications prerequisite or the specified practical legal 4 training prerequisite (as referred to in section 17 of the 5 Law) or both; 6 (c) issuing compliance certificates under the Legal 7 Profession Uniform Law (WA) section 19; 8 (d) making declarations of early assessment of suitability 9 under the Legal Profession Uniform Law (WA) 10 section 21; 11 (e) having a law course accredited or reaccredited, in 12 accordance with the Admission Rules under the Legal 13 Profession Uniform Law (WA) section 29. 14 (2) Without limiting subsection (1), the local regulations may make 15 provision for or in relation to -- 16 (a) applications in relation to the matters listed in 17 subsection (1); and 18 (b) fees payable in relation to those matters. 19 Division 2 -- Practising certificates 20 115. Requirements for applications for grant or renewal of 21 Australian practising certificates under Uniform Law s. 44 22 (1) An application for an Australian practising certificate under the 23 Legal Profession Uniform Law (WA) section 44 must be -- 24 (a) in the local approved form; and 25 (b) accompanied by the documents or other information 26 required by the local approved form; and 27 (c) accompanied by the fee (if any) prescribed by the local 28 regulations; and 29 (d) accompanied by any contribution to the Guarantee Fund 30 required by section 225 of the Law; and page 57 Legal Profession Uniform Law Application Bill 2020 Part 4 Admission, practising certificates and registration certificates Division 2 Practising certificates s. 116 1 (e) accompanied by an amount (if any) required by the local 2 regulations as a contribution towards the cost of funding 3 the State's contribution to the Legal Profession Uniform 4 Framework to be paid under section 34. 5 (2) Different fees may be prescribed for Australian practising 6 certificates under subsection (1)(c) according to different factors 7 prescribed by the local regulations. 8 116. Provisions about renewing Australian practising certificates 9 under Uniform Law s. 44 10 (1) An application for the renewal of an Australian practising 11 certificate under the Legal Profession Uniform Law (WA) 12 section 44 must be made within -- 13 (a) the period prescribed by the local regulations as the 14 standard renewal period; or 15 (b) the later period prescribed by the local regulations as the 16 late fee period. 17 (2) Those periods must be within the currency of the Australian 18 practising certificate. 19 (3) The Board -- 20 (a) may reject an application for renewal made during the 21 late fee period; and 22 (b) must reject an application for renewal that is not made 23 during the standard renewal period or the late fee period 24 unless the application is accepted under subsection (4). 25 (4) Despite subsection (1), the Board may accept an application 26 made within 6 months after the end of the late fee period (even 27 after the expiry of the Australian practising certificate to which 28 the application relates) if the Board is satisfied that -- 29 (a) the delay was caused by matters beyond the control of 30 the applicant; or 31 (b) there are other circumstances warranting acceptance of 32 the application. page 58 Legal Profession Uniform Law Application Bill 2020 Admission, practising certificates and registration certificates Part 4 Practising certificates Division 2 s. 117 1 (5) If an application is accepted under subsection (4) after the 2 expiry of the Australian practising certificate to which the 3 application relates, the certificate -- 4 (a) is taken to have continued in force on and from the 5 1 July immediately following its expiry until the Board 6 renews or refuses to renew the certificate or the 7 applicant withdraws the application for renewal, unless 8 the certificate is sooner suspended or cancelled; and 9 (b) if renewed, is taken to have been renewed on and from 10 that 1 July. 11 (6) Subsection (7) applies if an application for renewal of an 12 Australian practising certificate is made during or after the late 13 fee period prescribed by the local regulations. 14 (7) Payment of a late fee prescribed by the local regulations may, if 15 the Board considers appropriate, be required as a condition of 16 acceptance of the application. 17 117. Provisions about decisions on granting or renewing 18 Australian practising certificates under Uniform Law s. 44 19 (1) If the Board grants or renews an Australian practising certificate 20 under the Legal Profession Uniform Law (WA) section 44(1), 21 the Board must, as soon as practicable, give the applicant -- 22 (a) in the case of the grant of a certificate -- an Australian 23 practising certificate; or 24 (b) in the case of the renewal of a certificate -- a new 25 Australian practising certificate. 26 (2) If the Board refuses to grant or renew an Australian practising 27 certificate under the Legal Profession Uniform Law (WA) 28 section 44(1) or renews a certificate subject to a condition to 29 which the applicant does not agree, the Board must, as soon as 30 practicable, give the applicant a notice stating the matters 31 required by section 464(1) of the Law. page 59 Legal Profession Uniform Law Application Bill 2020 Part 4 Admission, practising certificates and registration certificates Division 3 Registration certificates s. 118 1 (3) The Board is taken to have refused to grant or renew an 2 Australian practising certificate if the certificate has not been 3 granted, renewed or refused within 6 months after -- 4 (a) if the Board has given the applicant a notice under the 5 Legal Profession Uniform Law (WA) section 95 -- the 6 day specified in the notice by which the applicant was 7 required to comply with the notice; or 8 (b) if paragraph (a) does not apply -- the day on which the 9 application for grant or renewal was lodged. 10 118. Local regulations may modify operation of Legal Profession 11 Conduct Rules for barristers 12 (1) In this section -- 13 Western Australian Barristers' Rules means the Western 14 Australian Barristers' Rules as in force on 23 February 2017. 15 (2) The local regulations may modify the operation of the Legal 16 Profession Conduct Rules as subsidiary legislation of the State 17 so that a barrister may act in a way contemplated by the 18 Western Australian Barristers' Rules rule 18A without 19 breaching the Legal Profession Conduct Rules. 20 Division 3 -- Registration certificates 21 119. Requirements for applications for grant or renewal of 22 Australian registration certificates under Uniform Law s. 62 23 (1) An application for an Australian registration certificate under 24 the Legal Profession Uniform Law (WA) section 62 must be -- 25 (a) in the local approved form; and 26 (b) accompanied by the documents or other information 27 required by the local approved form; and 28 (c) accompanied by the fee (if any) prescribed by the local 29 regulations. page 60 Legal Profession Uniform Law Application Bill 2020 Admission, practising certificates and registration certificates Part 4 Registration certificates Division 3 s. 120 1 (2) Different fees may be prescribed for Australian registration 2 certificates under subsection (1)(c) according to different factors 3 prescribed by the local regulations. 4 120. Provisions about renewing Australian registration 5 certificates under Uniform Law s. 62 6 (1) An application for the renewal of an Australian registration 7 certificate under the Legal Profession Uniform Law (WA) 8 section 62 must be made within -- 9 (a) the period prescribed by the local regulations as the 10 standard renewal period; or 11 (b) the later period prescribed by the local regulations as the 12 late fee period. 13 (2) Those periods must be within the currency of the Australian 14 registration certificate. 15 (3) The Board -- 16 (a) may reject an application for renewal made during the 17 late fee period; and 18 (b) must reject an application for renewal that is not made 19 during the standard renewal period or the late fee period 20 unless the Board accepts the application under 21 subsection (4). 22 (4) Despite subsection (1), the Board may accept an application 23 made within 6 months after the end of the late fee period (even 24 after the expiry of the Australian registration certificate to which 25 the application relates) if the Board is satisfied that -- 26 (a) the delay was caused by matters beyond the control of 27 the applicant; or 28 (b) there are other circumstances warranting acceptance of 29 the application. page 61 Legal Profession Uniform Law Application Bill 2020 Part 4 Admission, practising certificates and registration certificates Division 3 Registration certificates s. 121 1 (5) If the application is accepted under subsection (4) after the 2 expiry of the Australian registration certificate to which the 3 application relates, the certificate -- 4 (a) is taken to have continued in force on and from the 5 1 July immediately following its expiry until the Board 6 renews or refuses to renew the certificate or the 7 applicant withdraws the application for renewal, unless 8 the certificate is sooner suspended or cancelled; and 9 (b) if renewed, is taken to have been renewed on and from 10 that 1 July. 11 (6) Subsection (7) applies if an application for renewal of an 12 Australian registration certificate is made during or after the late 13 fee period prescribed by the local regulations. 14 (7) Payment of a late fee prescribed by the local regulations may, if 15 the Board considers appropriate, be required as a condition of 16 acceptance of the application. 17 121. Provisions about decisions on granting or renewing 18 Australian registration certificates under Uniform Law s. 62 19 (1) If the Board grants or renews an Australian registration 20 certificate under the Legal Profession Uniform Law (WA) 21 section 62(1), the Board must, as soon as practicable, give the 22 applicant -- 23 (a) in the case of the grant of a certificate -- an Australian 24 registration certificate; or 25 (b) in the case of the renewal of a certificate -- a notice of 26 renewal. 27 (2) If the Board refuses to grant or renew an Australian registration 28 certificate under the Legal Profession Uniform Law (WA) 29 section 62(4) or renews a certificate subject to a condition to 30 which the applicant does not agree, the Board must, as soon as 31 practicable, give the applicant a notice stating the matters 32 required by section 464(1) of the Law. page 62 Legal Profession Uniform Law Application Bill 2020 Admission, practising certificates and registration certificates Part 4 Interjurisdictional action Division 4 s. 122 1 (3) A notice of renewal may be in the form of an Australian 2 registration certificate or another form the Board considers 3 appropriate. 4 Division 4 -- Interjurisdictional action 5 122. Requirements for written notice of interjurisdictional action 6 under Uniform Law s. 24 and 80 7 A written notice required to be given under the Legal Profession 8 Uniform Law (WA) section 24 or 80 must be -- 9 (a) in the local approved form; and 10 (b) accompanied by the documents or other information 11 required by the local approved form. 12 Division 5 -- Miscellaneous 13 123. Functions of State Solicitor 14 (1) The State Solicitor may act as solicitor for -- 15 (a) the State; or 16 (b) a person suing, or being sued, on behalf of the State; or 17 (c) a Minister in their official capacity; or 18 (d) a statutory body; or 19 (e) an officer or employee in a department of the Public 20 Service, a State agency or instrumentality, or a statutory 21 body; or 22 (f) another person or body, or class of persons or bodies, 23 approved by the Attorney General. 24 (2) The State Solicitor may act under subsection (1) -- 25 (a) with or without charge; and 26 (b) for a party in a matter that is not the subject of litigation, 27 even if also acting under that subsection for another 28 party in the matter. page 63 Legal Profession Uniform Law Application Bill 2020 Part 4 Admission, practising certificates and registration certificates Division 5 Miscellaneous s. 124 1 (3) The State Solicitor may act as agent for -- 2 (a) another State or a Territory; or 3 (b) at the request of another State or a Territory -- an 4 instrumentality of, or a person in the service of, that 5 State or Territory. 6 124. Accreditation for person offering continuing professional 7 development activity 8 (1) The Board may make rules (Board Rules) for accrediting 9 persons who may provide -- 10 (a) a continuing professional development activity under the 11 Continuing Professional Development Rules; and 12 (b) other legal education or training. 13 (2) Without limiting subsection (1), the Board may make Board 14 Rules about -- 15 (a) how the Board may grant accreditation, including who 16 may apply for accreditation in relation to a continuing 17 professional development activity; and 18 (b) how an application is to be made; and 19 (c) what information the Board may require to support the 20 application; and 21 (d) the fees (if any) for applying for accreditation. 22 (3) The Board Rules must be published in the Gazette. 23 (4) The Interpretation Act 1984 section 42 applies to and in relation 24 to the Board Rules as if the Rules were regulations. 25 (5) Despite the Continuing Professional Development Rules, an 26 Australian lawyer does not complete a continuing professional 27 development activity under those Rules unless the lawyer 28 completes a continuing professional development activity 29 provided by -- 30 (a) a person accredited by the Board in accordance with the 31 Board Rules; or page 64 Legal Profession Uniform Law Application Bill 2020 Admission, practising certificates and registration certificates Part 4 Miscellaneous Division 5 s. 125 1 (b) an entity that is 1 of the following and is exempt from 2 the requirement to be accredited by the Board under the 3 local regulations prescribed for the purposes of this 4 paragraph -- 5 (i) a court, tribunal or commission established by 6 the Commonwealth or a State or Territory; 7 (ii) a State, the Commonwealth or a Territory or a 8 government authority. 9 (6) If the Board imposes a condition on an Australian legal 10 practitioner's Australian practising certificate that the 11 practitioner must undertake further legal education or training, 12 the practitioner does not complete the education or training 13 unless the practitioner completes the education or training by a 14 person accredited by the Board in accordance with the Board 15 Rules. 16 125. Local regulations may provide contract legislative drafters 17 are government lawyers 18 (1) In this section -- 19 contract legislative drafter means a person who engages in 20 legal practice that is legislative drafting work under -- 21 (a) a contract for services with the State; and 22 (b) the direction of the Parliamentary Counsel. 23 (2) The local regulations may provide that a contract legislative 24 drafter is a government lawyer for the purposes of this Act and 25 the Legal Profession Uniform Law (WA) in relation to legal 26 practice that is legislative drafting. 27 (3) The local regulations made under subsection (2) apply despite 28 the definition of government lawyer in the Legal Profession 29 Uniform Law (WA) section 6(1). page 65 Legal Profession Uniform Law Application Bill 2020 Part 4 Admission, practising certificates and registration certificates Division 5 Miscellaneous s. 126 1 126. Local regulations in relation to government lawyers 2 (1) The local regulations may -- 3 (a) make provision for or in relation to exemptions of 4 persons or classes of persons from the requirement to 5 hold Australian practising certificates, either generally 6 or for specified periods, in respect of their official 7 functions as government lawyers; and 8 (b) without limitation, exclude or modify the operation of 9 specified provisions of the Legal Profession Uniform 10 Law (WA) (including the provisions of Part 2.2 of the 11 Law) to the extent that any of those provisions would 12 otherwise be applicable to any persons, or classes of 13 persons, as government lawyers; and 14 (c) make provision for or in relation to exemptions of 15 persons or classes of persons who are government 16 lawyers from the requirement to pay fees in relation to 17 the issuing of Australian practising certificates. 18 Note for this subsection: 19 See the Legal Profession Uniform Law (WA) section 56. 20 (2) Without limiting subsection (1), the local regulations may -- 21 (a) confer a discretion on a person in relation to a matter 22 listed in subsection (1); and 23 (b) impose conditions, or authorise or permit a person to 24 impose conditions, in relation to a matter listed in 25 subsection (1). page 66 Legal Profession Uniform Law Application Bill 2020 Trust accounts Part 5 s. 127 1 Part 5 -- Trust accounts 2 127. Application for exemption under Uniform Law s. 130 3 (1) A person may apply to the Board for an exemption to be granted 4 to a law practice under the Legal Profession Uniform Law (WA) 5 section 130(4). 6 (2) The application must be -- 7 (a) in the local approved form; and 8 (b) accompanied by the documents or other information 9 required by the local approved form; and 10 (c) accompanied by the fee (if any) prescribed by the local 11 regulations. 12 128. Decision on exemption from complying with Uniform Law 13 Pt. 4.2 14 If the Board grants an exemption to a law practice under the 15 Legal Profession Uniform Law (WA) section 130(4), the Board 16 must give the law practice a written notice that states -- 17 (a) the particulars of the law practice; and 18 (b) the provisions of Part 4.2 of the Law from which the law 19 practice is exempted; and 20 (c) if the exemption from a provision is subject to 21 conditions -- the conditions. 22 129. Local regulations about receipt or holding of money by 23 barristers: Uniform Law s. 133 24 For the purposes of the Legal Profession Uniform Law (WA) 25 section 133, the local regulations may include provisions 26 prohibiting, regulating or otherwise providing for the receipt or 27 holding of money by or on behalf of a barrister, on account of 28 legal costs for legal services, in advance of the provision by the 29 barrister of the legal services. page 67 Legal Profession Uniform Law Application Bill 2020 Part 5 Trust accounts s. 130 1 130. Review of decisions referred to in Uniform Law s. 160 and 2 166 3 For the purposes of the Legal Profession Uniform Law (WA) 4 sections 160(3) and 166(3), a person may apply to the State 5 Administrative Tribunal for a review of a decision under 6 section 160 or 166 of the Law. page 68 Legal Profession Uniform Law Application Bill 2020 Legal costs Part 6 Legal costs determinations Division 1 s. 131 1 Part 6 -- Legal costs 2 Division 1 -- Legal costs determinations 3 131. Term used: court 4 In this Division -- 5 court includes an arbitrator, a tribunal or a person, with the 6 power to require the production of documents or the answering 7 of questions. 8 132. Legal costs determinations 9 (1) The Legal Costs Committee may make legal costs 10 determinations regulating the costs that may be charged by law 11 practices in respect of -- 12 (a) non-contentious business; and 13 (b) contentious business before -- 14 (i) the Supreme Court; or 15 (ii) the District Court; or 16 (iii) the Magistrates Court; or 17 (iv) a court of summary jurisdiction; or 18 (v) the State Administrative Tribunal; or 19 (vi) the Family Court of Western Australia; or 20 (vii) any other court declared by the Attorney General 21 under section 133(1) to be a court to which this 22 section applies. 23 (2) A costs determination may provide that law practices may 24 charge -- 25 (a) according to a scale of rates of commission or 26 percentages; or 27 (b) a specified amount; or 28 (c) a maximum amount; or 29 (d) in any other way or combination of ways. page 69 Legal Profession Uniform Law Application Bill 2020 Part 6 Legal costs Division 1 Legal costs determinations s. 133 1 (3) A costs determination -- 2 (a) may differ according to different classes of legal 3 services; and 4 (b) may confer a discretionary authority or impose a duty on 5 a specified person or class of persons. 6 (4) Subsection (5) applies if -- 7 (a) another written law refers to a costs determination under 8 this section or as defined in this Act; and 9 (b) the law refers to a determination in relation to a matter 10 not listed in subsection (1). 11 (5) The Legal Costs Committee may make the determination for the 12 purposes of that written law. 13 133. Declaration of court in respect of which costs 14 determinations may be made 15 (1) For the purposes of section 132(1)(b)(vii), the Attorney General 16 may, by order published in the Gazette, declare any court to be a 17 court in respect of which the Legal Costs Committee may make 18 a costs determination. 19 (2) A declaration must not be made under subsection (1) in respect 20 of a dispute resolution authority as defined in the Workers' 21 Compensation and Injury Management Act 1981 section 5(1). 22 (3) The Attorney General may, by order published in the Gazette, 23 vary or revoke an order made under subsection (1). 24 134. Costs determinations may be amended or revoked 25 A costs determination may be amended or revoked by a 26 subsequent costs determination. page 70 Legal Profession Uniform Law Application Bill 2020 Legal costs Part 6 Legal costs determinations Division 1 s. 135 1 135. Costs determinations are fixed costs legislative provisions: 2 Uniform Law s. 6 3 For the purposes of the definition of fixed costs legislative 4 provision in the Legal Profession Uniform Law (WA) 5 section 6(1), a costs determination is a fixed costs legislative 6 provision. 7 136. Review of costs determinations 8 (1) The Legal Costs Committee must review each costs 9 determination in force -- 10 (a) at least once in the period of 2 years beginning on the 11 day on which it was made; and 12 (b) at least once in each subsequent 2-year period. 13 (2) The Attorney General may at any time direct the Legal Costs 14 Committee to review a costs determination in force and the 15 Legal Costs Committee must carry out that review as soon as 16 practicable after being so directed. 17 137. Inquiries by Legal Costs Committee 18 (1) Before making or reviewing a costs determination the Legal 19 Costs Committee must -- 20 (a) give public notice under section 138 of its intention to 21 make or review the determination; and 22 (b) if the determination to be made or reviewed relates to 23 proceedings before a court -- consult with that court; 24 and 25 (c) make such other inquiries as it considers necessary to 26 facilitate the making or review of the determination. 27 (2) Subject to subsection (1), the Legal Costs Committee -- 28 (a) may inform itself as it considers appropriate; and 29 (b) must take into consideration submissions given to it in 30 relation to legal costs, whether or not those submissions page 71 Legal Profession Uniform Law Application Bill 2020 Part 6 Legal costs Division 1 Legal costs determinations s. 138 1 are received in response to a notice under section 138; 2 and 3 (c) is not required to conduct proceedings in a formal 4 manner; and 5 (d) is not bound by the rules of evidence. 6 138. Notice and submissions in respect of costs determination 7 (1) The Legal Costs Committee must -- 8 (a) give written notice of its intention to make or review a 9 costs determination to the Law Society; and 10 (b) publish the notice of its intention on the Committee's 11 website. 12 (2) A written notice under subsection (1)(a) must -- 13 (a) state that submissions on the intended costs 14 determination or review may be made to the Legal Costs 15 Committee; and 16 (b) specify the manner in which the submissions must be 17 made; and 18 (c) specify the period within which the submissions must be 19 made (being a period of at least 30 days after the day on 20 which the notice is last published under 21 subsection (1)(b)). 22 139. Report and publication of costs determination 23 (1) As soon as practicable after making a costs determination the 24 Legal Costs Committee must prepare and give a report to the 25 Attorney General consisting of -- 26 (a) the determination; and 27 (b) the reasons for its decisions in respect of the 28 determination. 29 (2) The report must be published in the Gazette as soon as 30 practicable after it is given to the Attorney General. page 72 Legal Profession Uniform Law Application Bill 2020 Legal costs Part 6 Legal costs determinations Division 1 s. 140 1 (3) A costs determination comes into force on -- 2 (a) the day on which the report of the determination is 3 published under subsection (2); or 4 (b) if a later day is specified in the report -- that day. 5 (4) Judicial notice must be taken of -- 6 (a) a costs determination; and 7 (b) the day of publication of the report of the determination. 8 140. Effect of costs determinations 9 (1) The following are regulated by an applicable costs 10 determination -- 11 (a) the taxation of bills of law practices; 12 (b) any other aspect of the costs charged by law practices. 13 (2) Subsection (1) is subject to -- 14 (a) any costs agreement made in accordance with the Legal 15 Profession Uniform Law (WA) Part 4.3 Division 4 or the 16 corresponding provision of a corresponding law; and 17 (b) section 145; and 18 (c) the Legal Aid Commission Act 1976 section 14. 19 Note for this subsection: 20 See the Civil Liability Act 2002 section 15L and the Motor Vehicle 21 (Third Party Insurance) Act 1943 section 27A, which affect costs under 22 particular agreements between a law practice and client. 23 (3) Despite subsection (1), if a court or judicial officer is of the 24 opinion that the amount of costs allowable in respect of a matter 25 under a costs determination is inadequate because of the unusual 26 difficulty, complexity or importance of the matter, the court or 27 officer may do any or all of the following -- 28 (a) order the payment of costs above those fixed by the 29 determination; 30 (b) fix higher limits of costs than those fixed in the 31 determination; page 73 Legal Profession Uniform Law Application Bill 2020 Part 6 Legal costs Division 1 Legal costs determinations s. 141 1 (c) remove limits on costs fixed in the determination; 2 (d) make any order or give any direction for the purposes of 3 enabling costs above those in the determination to be 4 ordered or assessed. 5 (4) Subsection (1) does not limit the power of a court, a judicial 6 officer or a taxing officer of a court to determine in any 7 particular case before that court, judicial officer or taxing officer 8 the amount of costs allowed. 9 (5) If a costs determination is in force in respect of any business 10 referred to in section 132(1), any subsidiary legislation fixing or 11 purporting to regulate the remuneration of law practices in 12 respect of that kind of business is of no force or effect. 13 141. Reports 14 The Legal Costs Committee may investigate, report and make 15 recommendations to the Attorney General on any matter 16 relating to -- 17 (a) bills generally and, in particular, the desirability of the 18 use of scales in the calculation and fixing of bills; and 19 (b) the basis on which costs are or should be calculated and 20 fixed; and 21 (c) any other aspect of the remuneration of law practices. 22 142. Law practice to disclose whether costs determination applies 23 to calculating costs under Uniform Law s. 174 24 When a law practice provides a client with information under 25 the Legal Profession Uniform Law (WA) section 174(1)(a), the 26 law practice must provide the client with information about 27 whether the legal costs are subject to a costs determination. page 74 Legal Profession Uniform Law Application Bill 2020 Legal costs Part 6 Costs assessments Division 2 s. 143 1 Division 2 -- Costs assessments 2 143. Functions of costs assessors 3 A costs assessor has the functions conferred by this Act, the 4 Legal Profession Uniform Law (WA) or another Act. 5 144. Requirements for applications for costs assessment: 6 Uniform Law s. 198 7 (1) For the purposes of the Legal Profession Uniform Law (WA) 8 section 198(2), an application under section 198 is to be made in 9 accordance with the requirements of the following (if 10 applicable) -- 11 (a) the local regulations; 12 (b) the Supreme Court's rules of court; 13 (c) a practice direction of the Supreme Court. 14 (2) If an application for a costs assessment is made and costs may 15 be chargeable against the assets of a trust estate, the costs 16 assessor must cause a copy of the application to be given to -- 17 (a) the persons mentioned in the Legal Profession Uniform 18 Law (WA) section 198(8); and 19 (b) any beneficiary of the trust estate. 20 145. Assessment of Legal Aid Commission bill 21 If a costs assessor taxes a bill of costs with which the Legal Aid 22 Commission is charged for services by way of legal assistance 23 under the Legal Aid Commission Act 1976 Part V Division 3 -- 24 (a) the costs assessor must give effect to section 14(1) of 25 that Act, other than the requirement of 26 section 14(1)(a)(ii) that fees be approved, in determining 27 the amount allowed in the bill; and 28 (b) the amount certified by the costs assessor, or an order 29 made after review of a decision under the Legal 30 Profession Uniform Law (WA) section 205, is conclusive page 75 Legal Profession Uniform Law Application Bill 2020 Part 6 Legal costs Division 2 Costs assessments s. 146 1 and binding on the Legal Aid Commission and the law 2 practice despite the provisions of the Legal Aid 3 Commission Act 1976. 4 146. Determining and issuing certificate of costs assessment 5 When a costs assessor completes a costs assessment under the 6 Legal Profession Uniform Law (WA) section 199, the costs 7 assessor must issue a certificate to all parties to the costs 8 assessment setting out -- 9 (a) the costs of the costs assessment determined under the 10 section 204(1) of the Law (including the amount of any 11 GST that is payable); and 12 (b) the amount of interest to be paid on unpaid legal costs 13 for the purposes of section 195 of the Law. 14 147. Costs assessment binding on parties 15 A costs assessment is binding on all parties to the costs 16 assessment and, except as provided by section 148, is not 17 subject to appeal or review. 18 148. Review of costs assessment: Uniform Law s. 205 19 (1) For the purposes of the Legal Profession Uniform Law (WA) 20 section 205, a party to a costs assessment may apply to the 21 Supreme Court for a review of the assessment. 22 (2) The application must be made -- 23 (a) within 28 days after the day on which the party is 24 notified of the costs assessment; and 25 (b) otherwise in accordance with the Supreme Court's rules 26 of court. 27 (3) An order made upon review may be enforced in the same way 28 as the certificate of a costs assessor under section 149. page 76 Legal Profession Uniform Law Application Bill 2020 Legal costs Part 6 Costs assessments Division 2 s. 149 1 149. Enforcement of, and interest on, costs assessment 2 (1) A certificate issued under section 146 may be enforced against 3 any person liable to pay as if it were a judgment of the Supreme 4 Court for the payment of the amount specified in the certificate. 5 (2) Interest is payable on the amounts set out in a certificate issued 6 under section 146. 7 (3) The rate of interest for the period the interest is payable under 8 subsection (2) is equal to that prescribed for that period under 9 the Civil Judgments Enforcement Act 2004 section 8(1)(a). 10 150. Local regulations about costs assessments 11 The local regulations may make provision for or in relation 12 to -- 13 (a) how the Board may arrange for an assessment of costs 14 under the Legal Profession Uniform Law (WA) 15 section 284; and 16 (b) how costs assessments may, or must, be carried out; and 17 (c) the referral of matters by a costs assessor to the Board. page 77 Legal Profession Uniform Law Application Bill 2020 Part 7 Professional indemnity insurance Division 1 Preliminary s. 151 1 Part 7 -- Professional indemnity insurance 2 Division 1 -- Preliminary 3 151. Terms used 4 (1) In this Part -- 5 approved insurance policy has the meaning given in 6 section 152; 7 arrangement insurance means professional indemnity 8 insurance provided in accordance with a PII arrangement; 9 Bar-approved policy means a policy of professional indemnity 10 insurance approved under section 159(1); 11 PII arrangement has the meaning given in section 154; 12 PII entity means -- 13 (a) an Australian legal practitioner; or 14 (b) a community legal service; or 15 (c) an incorporated legal practice; or 16 (d) a law firm; or 17 (e) an unincorporated legal practice; 18 PII scheme means a scheme approved under the local 19 regulations made under section 160; 20 scheme policy means a policy of professional indemnity 21 insurance given in accordance with a PII scheme. 22 (2) A reference in this Part to the Law Society includes, where 23 appropriate, a reference to the Law Society in its capacity as 24 trustee of the Law Mutual Fund. 25 152. Approved insurance policies for Act and Uniform Law 26 (1) Arrangement insurance, a Bar-approved policy or a scheme 27 policy is taken to be an approved insurance policy for the 28 purposes of this Act and the Legal Profession Uniform Law page 78 Legal Profession Uniform Law Application Bill 2020 Professional indemnity insurance Part 7 Preliminary Division 1 s. 153 1 (WA) if the insurance or policy complies with section 210(1)(b) 2 of the Law. 3 (2) Also, if arrangement insurance, a Bar-approved policy or a 4 scheme policy does not comply with the Legal Profession 5 Uniform Law (WA) section 210(1)(b), the insurance or policy is 6 taken to be an approved insurance policy for a financial year 7 for the purposes of this Act and the Law if the insurance or 8 policy is the subject of an approval under section 153(2) for the 9 financial year. 10 (3) This section applies despite the Legal Profession Uniform Law 11 (WA) section 210. 12 153. Attorney General's approval of insurance for Uniform Law 13 (1) This section applies if arrangement insurance, a Bar-approved 14 policy or a scheme policy does not comply with the Legal 15 Profession Uniform Law (WA) section 210(1)(b). 16 (2) The Attorney General may approve the insurance or policy for a 17 financial year if the Attorney General considers that it is 18 appropriate for the insurance or policy to be an approved 19 insurance policy for the purposes of the Legal Profession 20 Uniform Law (WA). 21 (3) In making a decision under subsection (2), the Attorney General 22 may have regard to the matters the Attorney General considers 23 appropriate, including -- 24 (a) the reason the insurance or policy does not comply with 25 the Legal Profession Uniform Law (WA) 26 section 210(1)(b); and 27 (b) the objectives of Part 4.4 of the Law. 28 (4) If the Attorney General approves the insurance or policy under 29 subsection (2), the Attorney General must give written notice of 30 the decision to -- 31 (a) for arrangement insurance -- the Law Society; or page 79 Legal Profession Uniform Law Application Bill 2020 Part 7 Professional indemnity insurance Division 2 Insurance and insurance policies s. 154 1 (b) for a Bar-approved policy -- the Western Australian Bar 2 Association; or 3 (c) for a scheme policy -- the person who holds the 4 approval given under the local regulations made under 5 section 160 for the PII scheme under which the policy is 6 granted. 7 (5) The person who receives written notice under subsection (4) 8 must publish the notice on the person's website. 9 Division 2 -- Insurance and insurance policies 10 Subdivision 1 -- Obtaining professional indemnity insurance and 11 certificates 12 154. Meaning of PII arrangement 13 (1) A PII arrangement is an arrangement entered into by the Law 14 Society with 1 or more insurers to provide professional 15 indemnity insurance to PII entities to whom a certificate of 16 insurance is issued under section 156(5), 157(3) or 158(5). 17 (2) Without limiting subsection (1), a PII arrangement may require 18 the Law Society to pay an amount in respect of a professional 19 indemnity insurance claim in relation to a PII entity to whom 20 arrangement insurance is provided. 21 155. Law Society authorised to enter into PII arrangement 22 For the purposes of the Competition and Consumer Act 2010 23 (Commonwealth) section 51(1)(b), the Law Society is 24 authorised to enter into a PII arrangement under this Act. page 80 Legal Profession Uniform Law Application Bill 2020 Professional indemnity insurance Part 7 Insurance and insurance policies Division 2 s. 156 1 156. Application for arrangement insurance for whole financial 2 year 3 (1) In this section -- 4 renewal day means -- 5 (a) a day fixed by the Law Society in respect of a particular 6 financial year by notice published in the Gazette not 7 later than 15 April in that year; or 8 (b) if no day is fixed under paragraph (a) -- 15 May. 9 (2) A PII entity may, on or before the renewal day in a financial 10 year, apply to the Law Society for arrangement insurance -- 11 (a) in the local approved form; and 12 (b) by providing the documents or other information 13 required by the local approved form; and 14 (c) by paying to the Law Society -- 15 (i) the annual contribution assessed under 16 Subdivision 2; and 17 (ii) any other amount prescribed by the local 18 regulations; and 19 (iii) if the Law Society fixes an administration levy 20 under section 167(1) in relation to the PII 21 entity -- the levy; and 22 (iv) if the PII entity owes any amount payable in 23 relation to a previous period of insurance -- the 24 owed amount. 25 (3) A PII entity may, after the renewal day in a financial year and 26 on or before 30 June in that financial year, apply to the Law 27 Society for arrangement insurance -- 28 (a) by complying with subsection (2)(a) to (c); and 29 (b) by paying to the Law Society any late fee prescribed by 30 the local regulations. page 81 Legal Profession Uniform Law Application Bill 2020 Part 7 Professional indemnity insurance Division 2 Insurance and insurance policies s. 157 1 (4) If the PII entity applies in accordance with subsection (2) or (3), 2 the Law Society must grant the application for arrangement 3 insurance for the financial year. 4 (5) If the Law Society grants a PII entity's application under 5 subsection (4), the Law Society must give the PII entity a 6 certificate of insurance. 7 157. Application for arrangement insurance for part of financial 8 year in particular circumstances 9 (1) If a PII entity does not have a policy of professional indemnity 10 insurance in this State for a financial year, the PII entity may 11 apply to the Law Society during the financial year for 12 arrangement insurance for the remainder of the financial year -- 13 (a) in the local approved form; and 14 (b) by providing the documents or other information 15 required by the local approved form; and 16 (c) by paying to the Law Society -- 17 (i) the annual contribution assessed under 18 Subdivision 2; and 19 (ii) any other amount prescribed by the local 20 regulations; and 21 (iii) if the Law Society fixes an administration levy 22 under section 167(1) in relation to the PII 23 entity -- the levy; and 24 (iv) if the PII entity owes any amount payable in 25 relation to a previous period of insurance -- the 26 owed amount. 27 (2) If the PII entity applies in accordance with subsection (1), the 28 Law Society must grant the application for arrangement 29 insurance for the remainder of the financial year. 30 (3) If the Law Society grants a PII entity's application under 31 subsection (2), the Law Society must give the PII entity a 32 certificate of insurance. page 82 Legal Profession Uniform Law Application Bill 2020 Professional indemnity insurance Part 7 Insurance and insurance policies Division 2 s. 158 1 158. Application by restructured law practices for arrangement 2 insurance for part of financial year 3 (1) In this section -- 4 new law practice means a law practice that exists after the 5 occurrence of a restructuring event; 6 restructuring event means any of the following events in a 7 financial year -- 8 (a) 2 or more law practices combining to form a single law 9 practice; 10 (b) a law practice becoming an unincorporated legal 11 practice; 12 (c) a law practice becoming an incorporated legal practice; 13 (d) a law practice otherwise changing its business structure. 14 (2) If a restructuring event occurs in a financial year, the new law 15 practice may apply to the Law Society for arrangement 16 insurance for the remainder of the financial year -- 17 (a) in the local approved form; and 18 (b) by providing the documents or other information 19 required by the local approved form; and 20 (c) by paying to the Law Society -- 21 (i) subject to subsection (3), the annual contribution 22 assessed under Subdivision 2; and 23 (ii) any other amount prescribed by the local 24 regulations; and 25 (iii) if the Law Society fixes an administration levy 26 under section 167(1) in relation to the new law 27 practice -- the levy; and 28 (iv) if the new law practice owes any amount payable 29 in relation to a previous period of insurance -- 30 the owed amount. 31 (3) If, before the restructuring event, each law practice involved in 32 the event had a certificate of insurance issued under page 83 Legal Profession Uniform Law Application Bill 2020 Part 7 Professional indemnity insurance Division 2 Insurance and insurance policies s. 159 1 section 156(5) or 157(3) for the financial year in which the 2 event occurred, the Law Society may reduce or waive the 3 annual contribution to be paid by the new law practice under 4 subsection (2)(c)(i) to reflect the amount of annual contributions 5 paid by each law practice under those sections for the financial 6 year. 7 (4) If the new law practice applies in accordance with 8 subsection (2), the Law Society must grant the application for 9 arrangement insurance. 10 (5) If the Law Society grants a new law practice's application under 11 subsection (4), the Law Society must give the new law practice 12 a certificate of insurance. 13 159. Bar-approved insurance policy 14 (1) The Western Australian Bar Association may, by resolution of 15 the Council of the Western Australian Bar Association, approve 16 a policy of professional indemnity insurance for barristers. 17 (2) If the Western Australian Bar Association passes a resolution 18 under subsection (1), the Bar Association must give a copy of 19 the resolution to the Board. 20 160. Local regulations may provide for approval of PII schemes 21 (1) The local regulations may make provision for or in relation to 22 the approval of a scheme setting out how a policy of 23 professional indemnity insurance may be obtained that covers 24 particular PII entities. 25 (2) Without limiting subsection (1), the local regulations may make 26 provision for or in relation to -- 27 (a) approving a PII scheme; and 28 (b) applications for approval of a PII scheme; and 29 (c) applications to obtain insurance under a PII scheme, 30 including who may approve the application; and page 84 Legal Profession Uniform Law Application Bill 2020 Professional indemnity insurance Part 7 Insurance and insurance policies Division 2 s. 161 1 (d) fees that may be charged in relation to a PII scheme, 2 including fees for -- 3 (i) an application for a PII scheme approval; and 4 (ii) approval of a PII scheme; and 5 (iii) an application to obtain insurance under a PII 6 scheme; 7 and 8 (e) requiring information to be provided to a person in 9 relation to an application for a PII scheme approval or 10 an approved PII scheme; and 11 (f) issuing certificates relating to the approval of a PII 12 scheme and insurance under the scheme. 13 (3) Without limiting subsection (1), the local regulations may -- 14 (a) confer discretionary powers on a person -- 15 (i) to do such acts and things as may be necessary or 16 expedient for giving effect to the PII scheme; and 17 (ii) in relation to the administration of the PII 18 scheme; 19 and 20 (b) confer powers on a person to investigate whether the 21 regulations are being complied with; and 22 (c) contain incidental, procedural and supplementary 23 provisions. 24 Subdivision 2 -- Annual contribution for PII arrangement 25 161. Assessing annual contribution for PII entities 26 (1) The Law Society must assess a PII entity's annual contribution 27 for the purposes of section 156, 157 or 158 in accordance with 28 the method of assessment determined under section 162. 29 (2) If a PII entity applies for arrangement insurance for part only of 30 a financial year under section 157 or 158, the annual page 85 Legal Profession Uniform Law Application Bill 2020 Part 7 Professional indemnity insurance Division 2 Insurance and insurance policies s. 162 1 contribution payable by the PII entity for that year is to be 2 assessed on a pro rata basis. 3 162. Method of assessing annual contribution for PII 4 arrangement 5 (1) In this section -- 6 unrestricted legal practitioner means an Australian legal 7 practitioner who holds a practising certificate that is not subject 8 to a condition that the practitioner must engage in supervised 9 legal practice only. 10 (2) The Law Society must determine a method of assessment of 11 annual contributions of PII entities. 12 (3) The method of assessment determined under subsection (2) may 13 take into account any matter the Law Society considers relevant, 14 including -- 15 (a) the gross past or estimated future fee income of a PII 16 entity; and 17 (b) the professional indemnity insurance claims history of a 18 PII entity; and 19 (c) the amount of excess a PII entity will pay in relation to a 20 claim; and 21 (d) the area of practice of a PII entity; and 22 (e) if a PII entity is an Australian legal practitioner -- 23 whether the practitioner has implemented and observed 24 good risk management practices, including attending 25 risk management seminars; and 26 (f) if a PII entity is not an Australian legal practitioner -- 27 (i) whether the PII entity has implemented and 28 observed good risk management practices, 29 including the attendance of the principals and 30 employees of the PII entity at risk management 31 seminars; and page 86 Legal Profession Uniform Law Application Bill 2020 Professional indemnity insurance Part 7 Insurance and insurance policies Division 2 s. 162 1 (ii) if the PII entity has not previously paid an annual 2 contribution -- the professional indemnity 3 insurance claims history of the principals and 4 employees of the PII entity; 5 and 6 (g) if a PII entity is a law firm -- 7 (i) the types of services provided by the law firm 8 and the proportion of those services that are legal 9 services; and 10 (ii) the business structure of the law firm; and 11 (iii) the number of principals in the law firm; and 12 (iv) the number of Australian legal practitioners 13 employed by the law firm; and 14 (v) the number of persons employed by the law firm; 15 and 16 (h) if a PII entity is an unincorporated legal practice -- 17 (i) the number of lay associates of the legal practice; 18 and 19 (ii) the number of associates of the legal practice 20 who are Australian legal practitioners; and 21 (iii) the number of partners or other persons in 22 control of the legal practice who are not 23 Australian legal practitioners; and 24 (iv) the types of services provided by the legal 25 practice and the proportion of those services that 26 are legal services; 27 and 28 (i) if a PII entity is an incorporated legal practice -- 29 (i) the number of directors of the legal practice who 30 are not unrestricted legal practitioners; and 31 (ii) the number of officers of the legal practice and 32 how many are Australian legal practitioners. page 87 Legal Profession Uniform Law Application Bill 2020 Part 7 Professional indemnity insurance Division 2 Insurance and insurance policies s. 163 1 163. Review of annual contribution assessment 2 (1) A PII entity that is not satisfied with the assessment of its 3 annual contribution under section 161(1) may apply to the Law 4 Society for a review of the assessment. 5 (2) On an application under subsection (1), the Law Society may -- 6 (a) confirm the assessment; or 7 (b) revoke the assessment and make another assessment that 8 has effect for the purposes of section 161(1). 9 (3) A PII entity's obligation to pay an annual contribution under 10 section 156, 157 or 158 assessed for the PII entity under 11 section 161(1) or subsection (2)(b) is not affected because the 12 PII entity has applied for a review of the assessment under this 13 section. 14 164. Appeal against review of annual contribution assessment 15 (1) If, after a review under section 163, the PII entity is still not 16 satisfied with the assessment under section 161(1) or 163(2)(b), 17 the PII entity may appeal against the assessment to a person 18 nominated by the Attorney General. 19 (2) On an appeal under subsection (1), the nominated person 20 may -- 21 (a) confirm the assessment; or 22 (b) revoke the assessment and make another assessment that 23 has effect for the purposes of section 161(1). 24 (3) A PII entity's obligation to pay an annual contribution under 25 section 156, 157 or 158 assessed for the PII entity under 26 section 161(1) is not affected because the PII entity has 27 appealed against the assessment under this section. 28 (4) A PII entity cannot apply for a review of, or an appeal against, a 29 determination under subsection (2). 30 (5) Subsection (4) does not limit judicial review for jurisdictional 31 error. page 88 Legal Profession Uniform Law Application Bill 2020 Professional indemnity insurance Part 7 Insurance and insurance policies Division 2 s. 165 1 (6) The local regulations may make provision for how a person, 2 including the nominated person, may recover the costs of an 3 appeal under subsection (1). 4 165. Refund after review of, or appeal against, annual 5 contribution assessment 6 (1) If the annual contribution of a PII entity is reduced on review 7 under section 163 or appeal under section 164, the amount of 8 the reduction is to be refunded to the PII entity, together with 9 interest at a rate equal to the rate prescribed under the Civil 10 Judgments Enforcement Act 2004 section 8(1)(a) when the 11 refund is made. 12 (2) Despite subsection (1), interest is not required to be paid if the 13 annual contribution of a PII entity is reduced on review or 14 appeal because of a change in the particular circumstances of 15 the PII entity that arose between the application being made 16 under section 156, 157 or 158 and the assessment being issued. 17 166. Recovery of additional amount if incorrect information 18 given for annual contribution assessment 19 (1) If an assessment of the annual contribution of a PII entity is 20 made under section 161(1) on the basis of information supplied 21 by the PII entity that is subsequently found to be incorrect, the 22 PII entity must pay to the Law Society any additional amount 23 that would have been payable if the annual contribution had 24 been assessed on the basis of the correct information. 25 (2) The additional amount must be paid within 21 days after the day 26 on which the Law Society issues an invoice for the additional 27 amount. page 89 Legal Profession Uniform Law Application Bill 2020 Part 7 Professional indemnity insurance Division 2 Insurance and insurance policies s. 167 1 Subdivision 3 -- Financial matters 2 167. Administration levy for PII arrangement 3 (1) The Law Society may fix an administration levy to be paid to 4 the Law Society by a PII entity applying for arrangement 5 insurance. 6 (2) For the purposes of subsection (1), the Law Society may fix 7 different administration levies for different PII entities or 8 classes of PII entities. 9 (3) An amount received by the Law Society under this section must 10 be paid into the Law Mutual Fund. 11 168. Interest payable on amounts overdue under this Part 12 (1) Interest is payable on an amount that is payable to the Law 13 Society under this Part for the period beginning on the day after 14 the day on which the amount is due and ending on the day on 15 which the amount is paid. 16 (2) The rate of interest for the period for which interest is payable 17 under subsection (1) is equal to that prescribed for that period 18 under the Civil Judgments Enforcement Act 2004 19 section 8(1)(a). 20 (3) The Law Society may waive payment of the interest on amounts 21 payable to the Law Society in whole or in part. 22 169. Recovery of unpaid money 23 An amount payable to the Law Society under this Part is 24 recoverable in a court of competent jurisdiction as a debt due to 25 the Law Society. page 90 Legal Profession Uniform Law Application Bill 2020 Professional indemnity insurance Part 7 Exemptions from obtaining professional indemnity insurance Division 3 under Legal Profession Uniform Law (WA) s. 170 1 Division 3 -- Exemptions from obtaining professional 2 indemnity insurance under Legal Profession Uniform Law (WA) 3 Subdivision 1 -- Modification of Legal Profession Uniform Law 4 Application Act 2014 (Victoria) Schedule 1 s. 215 and 216 5 170. Modification of Uniform Law 6 For the purposes of the definition of Legal Profession Uniform 7 Law in section 6(1), the Legal Profession Uniform Law 8 Application Act 2014 (Victoria) Schedule 1 applies as if 9 amended as set out in this Subdivision. 10 171. Section 215 modified 11 (1) Delete section 215(2)(b) and insert: 12 13 (b) the practitioner is an Australian legal 14 practitioner associate of a law practice that 15 maintains a permanent office in this jurisdiction 16 and only 1 other jurisdiction; and 17 (ba) the other jurisdiction is the home jurisdiction of 18 a majority of the principals of the law practice; 19 and 20 (bb) the law practice's permanent office in the other 21 jurisdiction is where a majority of the principals 22 of the law practice engage solely or principally 23 in legal practice; and 24 25 (2) After section 215(3)(b) insert: 26 27 (ba) the other jurisdictions are the home 28 jurisdictions of a majority of the principals of 29 the law practice; and 30 (bb) the law practice's permanent offices in those 31 other jurisdictions are where a majority of the page 91 Legal Profession Uniform Law Application Bill 2020 Part 7 Professional indemnity insurance Division 3 Exemptions from obtaining professional indemnity insurance under Legal Profession Uniform Law (WA) s. 172 1 principals of the law practice engage solely or 2 principally in legal practice; and 3 4 172. Section 216 modified 5 After section 216(1)(b) insert: 6 7 (ba) the other jurisdictions are the home 8 jurisdictions of a majority of the principals of 9 the law practice; and 10 (bb) the law practice's permanent offices in those 11 other jurisdictions are where a majority of the 12 principals of the law practice engage solely or 13 principally in legal practice; and 14 15 Subdivision 2 -- Obtaining exemptions under Legal Profession 16 Uniform Law (WA) 17 173. Requirements for application to be exempted under 18 Uniform Law s. 215 19 (1) An Australian legal practitioner, community legal service or 20 incorporated legal practice (an applicant) may apply to the 21 Board for an exemption in relation to the whole or part of a 22 financial year under the Legal Profession Uniform Law (WA) 23 section 215(2), (4) or (6) or under the Uniform Rules (WA) 24 made under section 215(8) of the Law -- 25 (a) in the local approved form; and 26 (b) by providing the documents or other information 27 required by the local approved form; and 28 (c) by paying the fee (if any) prescribed by the local 29 regulations. page 92 Legal Profession Uniform Law Application Bill 2020 Professional indemnity insurance Part 7 Exemptions from obtaining professional indemnity insurance Division 3 under Legal Profession Uniform Law (WA) s. 174 1 (2) If the Board decides to grant an applicant an exemption, the 2 Board must give the applicant a certificate of exemption setting 3 out -- 4 (a) the provision under which the applicant is exempt; and 5 (b) the financial year to which the exemption relates; and 6 (c) if the Board decides the applicant is exempt for a part of 7 the financial year -- the part of the financial year to 8 which the exemption relates. 9 (3) If the Board refuses to grant an applicant an exemption, the 10 Board must give the applicant a written notice stating the 11 Board's reasons for the decision. 12 174. Certificates of exemption if exempt under Uniform Law 13 s. 215 14 (1) If an Australian legal practitioner, community legal service or 15 incorporated legal practice (the applicant) is exempt under the 16 Legal Profession Uniform Law (WA) section 215(1), (3) or (5) 17 or under the Uniform Rules (WA) made under section 215(8) of 18 the Law, the applicant may apply to the Board for a certificate 19 of exemption in relation to the whole or part of a financial year. 20 (2) The application must be -- 21 (a) in the local approved form; and 22 (b) accompanied by the documents or other information 23 required by the local approved form; and 24 (c) accompanied by the fee (if any) prescribed by the local 25 regulations. 26 (3) If the Board is satisfied that the applicant is exempt under the 27 Legal Profession Uniform Law (WA) section 215(1), (3) or (5) 28 or under the Uniform Rules (WA) made under section 215(8) of 29 the Law, the Board must give the applicant a certificate of 30 exemption setting out -- 31 (a) the provision under which the applicant is exempt; and 32 (b) the financial year to which the exemption relates; and page 93 Legal Profession Uniform Law Application Bill 2020 Part 7 Professional indemnity insurance Division 4 Law Mutual (WA) and Law Mutual Fund s. 175 1 (c) if the Board is satisfied that the applicant is exempt for a 2 part of the financial year -- the part of the financial year 3 for which the Board is satisfied the applicant is exempt. 4 (4) If the Board is not satisfied that the applicant is exempt under 5 the Legal Profession Uniform Law (WA) section 215(1), (3) or 6 (5) or under the Uniform Rules (WA) made under 7 section 215(8) of the Law, the Board must give the applicant a 8 written notice stating the Board's reasons for the decision. 9 175. Person to notify Board when exemption no longer applies 10 (1) This section applies if, due to a change in the circumstances of 11 an Australian legal practitioner, community legal service or 12 incorporated legal practice (the exempt entity), the exempt 13 entity is -- 14 (a) no longer entitled to be granted an exemption under the 15 Legal Profession Uniform Law (WA) section 215(2), (4) 16 or (6) or under the Uniform Rules (WA) made under 17 section 215(8) of the Law; or 18 (b) no longer exempt under the Legal Profession Uniform 19 Law (WA) section 215(1), (3) or (5) or under the 20 Uniform Rules (WA) made under section 215(8) of the 21 Law. 22 (2) The exempt entity must notify the Board of the change in 23 circumstances in writing. 24 Division 4 -- Law Mutual (WA) and Law Mutual Fund 25 176. Continuation of Law Mutual (WA) 26 The entity called Law Mutual (WA) is continued under this Act. 27 177. Continuation of Law Mutual Fund 28 (1) The Law Mutual Fund is continued under this Act. page 94 Legal Profession Uniform Law Application Bill 2020 Professional indemnity insurance Part 7 Law Mutual (WA) and Law Mutual Fund Division 4 s. 178 1 (2) The Law Mutual Fund consists of -- 2 (a) money forming part of the Fund immediately before the 3 repeal of section 330(1) of the old Act; and 4 (b) money paid into the Fund, whether as required to be 5 paid under this Act or otherwise; and 6 (c) costs recovered in consequence of the successful 7 defence of an action; and 8 (d) any interest or other income earned on money forming 9 part of the Fund. 10 (3) The Law Mutual Fund is held on trust by the Law Society as 11 trustee in accordance with the Deed of Acknowledgment of 12 Trust made by the Law Society on 22 June 2009, as varied from 13 time to time. 14 178. Provisions about Law Mutual Fund 15 (1) The Law Society must keep the Law Mutual Fund in a separate 16 ADI account in the State with the name "Law Mutual Fund". 17 (2) The Law Mutual Fund must be maintained on an annual basis in 18 relation to a financial year. 19 179. Application of money in Law Mutual Fund 20 (1) The Law Society may apply the money in the Law Mutual Fund 21 only to -- 22 (a) pay the premiums for an insurance policy for a PII 23 arrangement; and 24 (b) pay claims under the PII arrangement, including 25 amounts in respect of claims referred to in 26 section 154(2); and 27 (c) pay expenses that the Law Society or PII management 28 committee incurs in managing the Fund or the PII 29 arrangement, including costs incurred when performing 30 functions under this Act, the Legal Profession Uniform 31 Law (WA) or the Trustees Act 1962; and page 95 Legal Profession Uniform Law Application Bill 2020 Part 7 Professional indemnity insurance Division 5 PII management committee s. 180 1 (d) despite section 178(1), invest the money not 2 immediately required for the purposes of the Fund in 3 accordance with the Deed of Acknowledgment of Trust 4 made by the Law Society on 22 June 2009, as amended 5 from time to time. 6 (2) If the Law Mutual Fund contains a surplus of money, the Law 7 Society may manage and apply any surplus funds in the Fund 8 from each financial year as it considers appropriate, including 9 by amalgamating the surplus funds into a pool with other funds 10 for the benefit of the PII entities who hold, or are covered by, 11 arrangement insurance. 12 180. Audit of Law Mutual Fund 13 The Law Society must ensure that the Law Mutual Fund is 14 audited in each financial year by a registered company auditor. 15 181. Local regulations about winding up Law Mutual Fund 16 The local regulations may make provision for or in relation to 17 the winding up of the Law Mutual Fund. 18 Division 5 -- PII management committee 19 182. Law Society may establish PII management committee 20 The Law Society may establish a PII management committee. 21 183. Delegation of Law Society's functions to PII management 22 committee 23 (1) The Law Society may delegate any of the Law Society's powers 24 or duties under another provision of this Part, or local 25 regulations made under this Part, to the PII management 26 committee. 27 (2) The delegation must be made by resolution of the Law Society 28 Council. page 96 Legal Profession Uniform Law Application Bill 2020 Professional indemnity insurance Part 7 PII management committee Division 5 s. 184 1 (3) The PII management committee cannot delegate a power or 2 duty delegated to it under this section. 3 (4) The PII management committee exercising or performing a 4 power or duty that has been delegated to it under this section is 5 taken to do so in accordance with the terms of the delegation 6 unless the contrary is shown. 7 (5) Nothing in this section limits the ability of the Law Society to 8 perform a power or duty through an officer or agent. 9 184. Membership 10 (1) A PII management committee must consist of at least 7 11 members. 12 (2) The members of the PII management committee -- 13 (a) are to be appointed by the Law Society; and 14 (b) may include persons who are not members of the Law 15 Society; and 16 (c) are to include -- 17 (i) at least 1 person who has knowledge and 18 experience in the insurance industry; and 19 (ii) at least 2 persons who have knowledge and 20 experience in the insurance industry or who have 21 accounting or financial expertise. 22 185. Procedures 23 Subject to this Act and any directions of the Law Society, the 24 PII management committee may determine its own procedures. 25 186. Dissolution of PII management committee 26 The Law Society may dissolve the PII management committee. page 97 Legal Profession Uniform Law Application Bill 2020 Part 7 Professional indemnity insurance Division 6 Miscellaneous s. 187 1 Division 6 -- Miscellaneous 2 187. Undertakings about professional indemnity insurance 3 (1) This section applies to a PII entity -- 4 (a) applying under section 156, 157 or 158 to the Law 5 Society for arrangement insurance; or 6 (b) applying under section 173(1) for an exemption under 7 the Legal Profession Uniform Law (WA) section 215(2), 8 (4) or (6) or under the Uniform Rules (WA) made under 9 section 215(8) of the Law. 10 (2) The Law Society or the Board may require the PII entity to 11 provide an undertaking in relation to the application. 12 (3) The PII entity must -- 13 (a) provide any undertaking required under subsection (2); 14 and 15 (b) comply with the undertaking, unless previously released 16 from that undertaking by the person that required the 17 undertaking under subsection (2). 18 188. Requiring information about professional indemnity 19 insurance 20 (1) The Law Society or Board may, by written notice, require a PII 21 entity to provide the Law Society or Board, as the case requires, 22 with information specified in the notice for the purposes of -- 23 (a) performing functions under this Part or the Legal 24 Profession Uniform Law (WA) Part 4.4; or 25 (b) administering the PII arrangement. 26 (2) Without limiting subsection (1), a notice under that subsection 27 may require a PII entity doing any of the following actions to 28 set out the facts and circumstances supporting the action -- 29 (a) claiming any matter that affects the assessment of the 30 PII entity's annual contribution under section 161(1); page 98 Legal Profession Uniform Law Application Bill 2020 Professional indemnity insurance Part 7 Miscellaneous Division 6 s. 189 1 (b) applying for a certificate of exemption under 2 section 174(1); 3 (c) claiming that the PII entity is exempt, or applying for an 4 exemption, under the Legal Profession Uniform Law 5 (WA) section 215 or the Uniform Rules (WA) made 6 under section 215(8) of the Law. 7 (3) A notice under subsection (1) may require the information 8 specified in the notice to be -- 9 (a) verified by statutory declaration; and 10 (b) provided within a reasonable specified time. 11 (4) A PII entity must comply with a notice given under this section. 12 189. Sharing information about professional indemnity insurance 13 (1) The Board may, by written notice, require the Law Society to 14 provide the Board with specified information about arrangement 15 insurance in respect of a PII entity. 16 (2) The Law Society must comply with a notice under 17 subsection (1). 18 (3) The Board and Law Society may disclose to each other 19 information about the following -- 20 (a) applications for arrangement insurance; 21 (b) applications under section 173(1) for exemptions under 22 the Legal Profession Uniform Law (WA) section 215(2), 23 (4) or (6) or the Uniform Rules (WA) made under 24 section 215(8) of the Law, including -- 25 (i) information or documents provided in support of 26 the applications; and 27 (ii) whether the applications are granted; 28 (c) applications under section 174(1) for certificates of 29 exemption, including -- 30 (i) information or documents provided in support of 31 the applications; and page 99 Legal Profession Uniform Law Application Bill 2020 Part 7 Professional indemnity insurance Division 6 Miscellaneous s. 190 1 (ii) whether the applications are granted. 2 190. Evidence of exemption or insurance for Uniform Law 3 (1) For the purposes of this Act and the Legal Profession Uniform 4 Law (WA), a person to whom a certificate of exemption is given 5 under section 173 or 174 is taken to be, in the absence of 6 evidence to the contrary, exempt under the provision of the Law 7 stated in the certificate from the requirement to hold, obtain or 8 be covered by an approved insurance policy for the period 9 stated in the certificate. 10 (2) For the purposes of the Legal Profession Uniform Law (WA), 11 the Board may be satisfied that an applicant for the grant or 12 renewal of an Australian practising certificate has professional 13 indemnity insurance if the applicant provides the Board with 14 evidence that the applicant has -- 15 (a) a certificate of insurance issued under 16 section 156(5), 157(3) or 158(5); or 17 (b) a certificate of approval issued under the local 18 regulations made under section 160. page 100 Legal Profession Uniform Law Application Bill 2020 Fidelity cover Part 8 Guarantee Fund Division 1 s. 191 1 Part 8 -- Fidelity cover 2 Division 1 -- Guarantee Fund 3 191. Term used: claim 4 In this Division -- 5 claim has the meaning given in the Legal Profession Uniform 6 Law (WA) section 219. 7 192. Solicitors' Guarantee Fund 8 (1) The Solicitors' Guarantee Fund is established. 9 (2) The Guarantee Fund consists of -- 10 (a) money paid into the Fund under section 336(2) of the 11 old Act that remains in the Fund immediately before this 12 section comes into operation; and 13 (b) money paid out of the Trust Interest Account into the 14 Fund under section 199; and 15 (c) any interest or other income earned from investments 16 under section 195(1); and 17 (d) money paid to, or recovered by or on behalf of, the 18 Legal Contribution Trust in respect of fees, costs and 19 expenses, whether under the right of action conferred on 20 the Trust by the Legal Profession Uniform Law (WA) 21 Part 4.5 or otherwise; and 22 (e) money, other than money received under an 23 arrangement entered into with an ADI under the Legal 24 Profession Uniform Law (WA) section 149(1)(b), paid to 25 the Legal Contribution Trust under this Act or the Law, 26 including under Part 4.5 of the Law; and 27 (f) any other money that is lawfully paid into the Fund. 28 (3) Pending its investment under section 195(1), money in the 29 Guarantee Fund must be deposited in an ADI account or 30 ADI accounts in the State. page 101 Legal Profession Uniform Law Application Bill 2020 Part 8 Fidelity cover Division 1 Guarantee Fund s. 193 1 193. Payments out of Guarantee Fund 2 The Legal Contribution Trust may pay out of the Guarantee 3 Fund -- 4 (a) the amount of any claim, including costs, expenses and 5 interest allowed or established against the Trust, or 6 allowed by the Trust, in respect of the Fund; and 7 (b) the legal and other expenses incurred in investigating or 8 defending claims against the Trust in respect of, or 9 otherwise incurred in relation to, the Fund or in the 10 exercise by the Trust of functions conferred upon it by 11 this Act, the Legal Profession Uniform Law (WA) or 12 another Act; and 13 (c) the premiums in respect of insurance of the Fund; and 14 (d) the costs and expenses of the administration of the Fund; 15 and 16 (e) money required to be paid as a result of the annual audit 17 under the Legal Profession Uniform Law (WA) 18 section 232; and 19 (f) any other money that is payable out of the Fund under 20 this Act, the Legal Profession Uniform Law (WA) or 21 another Act. 22 194. Application of Guarantee Fund for claims 23 (1) In this section -- 24 claimant has the meaning given in the Legal Profession 25 Uniform Law (WA) section 219. 26 (2) The Guarantee Fund must be applied by the Legal Contribution 27 Trust for the purposes of compensating claimants in respect of 28 claims allowed under the Legal Profession Uniform Law (WA) 29 Part 4.5 in respect of defaults to which that Part applies. 30 (3) An amount payable from the Guarantee Fund in respect of a 31 claim is payable to -- 32 (a) the claimant; or page 102 Legal Profession Uniform Law Application Bill 2020 Fidelity cover Part 8 Guarantee Fund Division 1 s. 195 1 (b) another person at the claimant's direction. 2 195. Investment of Guarantee Fund 3 (1) The Legal Contribution Trust may, with the approval of the 4 Attorney General, invest any portion of the Guarantee Fund that 5 is not immediately required for the purposes of this Part -- 6 (a) on deposit with an ADI in the State, bearing interest at a 7 rate agreed between the ADI and the Trust; or 8 (b) on loan to the Treasurer at a rate of interest that is 9 agreed with the Treasurer; or 10 (c) in any way in which trust funds may be invested under 11 the Trustees Act 1962 Part III. 12 (2) The Legal Contribution Trust must apply the money resulting 13 from investment under subsection (1) in the manner provided 14 for by section 199. 15 196. Notice of levy to supplement Guarantee Fund imposed 16 under Uniform Law s. 226 17 If the Legal Contribution Trust imposes a levy under the Legal 18 Profession Uniform Law (WA) section 226, the Trust must, as 19 soon as practicable after imposing it -- 20 (a) cause notice of the levy to be published in the Gazette; 21 and 22 (b) give written notice of the levy to the Board and the Law 23 Society. 24 197. Audit under Uniform Law s. 232 25 (1) An audit required under the Legal Profession Uniform Law 26 (WA) section 232 must be carried out by accountants approved 27 by the Attorney General. 28 (2) The Legal Contribution Trust must give a copy of the audit 29 report to the Attorney General and the Law Society. page 103 Legal Profession Uniform Law Application Bill 2020 Part 8 Fidelity cover Division 2 Interest on trust accounts s. 198 1 Division 2 -- Interest on trust accounts 2 198. Trust account arrangements to pay no more than 51% of 3 interest to Legal Contribution Trust 4 (1) The Legal Contribution Trust must not enter into an 5 arrangement (a trust account arrangement) with an ADI under 6 the Legal Profession Uniform Law (WA) section 149(1)(b) for 7 the payment of interest on the whole or any part of deposits in 8 trust accounts to the Trust that provides for more than 51% of 9 the interest on deposits in a trust account to be paid to the Trust. 10 (2) A trust account arrangement that provides for more than 51% of 11 the interest on deposits in a trust account to be paid to the Legal 12 Contribution Trust in contravention of subsection (1) is taken to 13 require the payment of only 51% of the interest. 14 Note for this section: 15 Part 12 provides for the payment of the remainder of the interest 16 earned on deposits in trust accounts. 17 199. Application of interest 18 (1) In this section -- 19 agreed amount means an amount that is -- 20 (a) at least $100 000 or another amount prescribed by the 21 local regulations; and 22 (b) agreed by the Attorney General and Law Society; 23 Legal Aid Fund means the Legal Aid Fund of Western 24 Australia referred to in the Legal Aid Commission Act 1976 25 section 52(1); 26 peak organisation means an incorporated body that provides 27 representation, coordination or support services to advance the 28 purposes of community legal services. 29 (2) The Legal Contribution Trust must pay all money received 30 under a trust account arrangement to the credit of an account 31 called the Trust Interest Account. page 104 Legal Profession Uniform Law Application Bill 2020 Fidelity cover Part 8 Interest on trust accounts Division 2 s. 199 1 (3) Money in the Trust Interest Account must -- 2 (a) firstly, be applied in payment of the costs and expenses, 3 other than those mentioned in section 193, of 4 administering the Legal Contribution Trust; and 5 (b) secondly, be paid to the Guarantee Fund until the Fund 6 is in credit to the agreed amount. 7 (4) If the Guarantee Fund is in credit to the agreed amount, money 8 in the Trust Interest Account must be paid as follows -- 9 (a) 50% of the balance to the Legal Aid Commission to be 10 applied to the Legal Aid Fund; and 11 (b) 50% of the balance in such amounts or in such 12 proportions as the Attorney General may, after 13 consultation with the Law Society, approve or 14 determine -- 15 (i) to the Legal Aid Commission, to be applied to 16 the Legal Aid Fund; or 17 (ii) to the Law Society, to be applied to law reform, 18 legal research and legal education, or any of 19 those things; or 20 (iii) to a body, whether corporate or not, for the 21 purposes of which money has been appropriated 22 by Parliament and which is charged with the 23 functions of law reform; or 24 (iv) to any community legal service prescribed by the 25 local regulations, to be substantially applied to 26 funding the provision by that service of legal 27 services or community legal education; or 28 (v) to any peak organisation prescribed by the local 29 regulations, to be substantially applied to funding 30 the provision by that organisation of 31 representation, coordination or support services 32 to advance the purposes of community legal 33 services. page 105 Legal Profession Uniform Law Application Bill 2020 Part 8 Fidelity cover Division 2 Interest on trust accounts s. 200 1 (5) Despite subsections (3) and (4), if the Legal Contribution Trust 2 enters into a policy or policies of insurance indemnifying the 3 Guarantee Fund in the amount of $100 000 or any lesser amount 4 that may, taking into account the amount in which the 5 Guarantee Fund is in credit, be required to indemnify the 6 Guarantee Fund in the balance of the amount of $100 000, the 7 money in the Trust Interest Account must -- 8 (a) firstly, be applied as provided by subsection (3)(a); and 9 (b) secondly, be applied in payment of the premiums 10 payable under the policy or policies of insurance; and 11 (c) thirdly, be paid to the credit of the Guarantee Fund in 12 such amounts as the Attorney General and the Law 13 Society may, from time to time, by agreement, 14 determine; and 15 (d) fourthly, be paid and applied as provided in 16 subsection (4)(a) and (b). 17 (6) The costs and expenses of administering the Legal Contribution 18 Trust include any fees and allowances payable to the trustees, or 19 any of the trustees, that may be prescribed by the local 20 regulations. 21 200. Audit of expenditure 22 (1) A person to whom money is paid under section 199(4)(a) or (b) 23 must -- 24 (a) maintain accounts of the money received and of its 25 expenditure; and 26 (b) at the end of each financial year cause those accounts to 27 be audited by a registered company auditor; and 28 (c) give a copy of the audit report to the Attorney General, 29 the Legal Contribution Trust and the Board. 30 Penalty for this subsection: a fine of $5 000. 31 (2) The Attorney General must, within 14 days after the day on 32 which a copy of an audit report is received by the Attorney page 106 Legal Profession Uniform Law Application Bill 2020 Fidelity cover Part 8 Interest on trust accounts Division 2 s. 200 1 General, cause a copy of the report to be laid before each House 2 of Parliament or dealt with under section 256. page 107 Legal Profession Uniform Law Application Bill 2020 Part 9 Proceedings s. 201 1 Part 9 -- Proceedings 2 201. Terms used 3 In this Part -- 4 alleged conduct means conduct that would, if the conduct 5 concerned were established, amount to unsatisfactory 6 professional conduct or professional misconduct; 7 disciplinary proceeding -- 8 (a) means a proceeding initiated under the Legal Profession 9 Uniform Law (WA) section 300; but 10 (b) does not include a proceeding of the type described in 11 the Commonwealth Constitution section 75(iv). 12 202. Constitution of State Administrative Tribunal 13 (1) Subject to subsection (2), for the purposes of exercising 14 jurisdiction conferred under this Act or the Legal Profession 15 Uniform Law (WA), the State Administrative Tribunal is to be 16 constituted -- 17 (a) by -- 18 (i) the President of the Tribunal; and 19 (ii) a Deputy President of the Tribunal or a senior 20 member who is a legally qualified member as 21 defined in the State Administrative Tribunal 22 Act 2004 section 3(1); and 23 (iii) a person who is not an Australian legal 24 practitioner but has knowledge and 25 understanding of the interests of persons dealing 26 with Australian legal practitioners; 27 or 28 (b) by -- 29 (i) a Deputy President of the Tribunal; and page 108 Legal Profession Uniform Law Application Bill 2020 Proceedings Part 9 s. 203 1 (ii) a senior member who is a legally qualified 2 member as defined in the State Administrative 3 Tribunal Act 2004 section 3(1); and 4 (iii) a person who is not an Australian legal 5 practitioner but has knowledge and 6 understanding of the interests of persons dealing 7 with Australian legal practitioners. 8 (2) In a hearing for the purposes of section 208 or a directions 9 hearing or other procedural hearing, the State Administrative 10 Tribunal is to be constituted by, or so as to include, the 11 President or a Deputy President of the Tribunal. 12 203. Procedure of State Administrative Tribunal 13 Subject to this Act and the Legal Profession Uniform Law (WA), 14 the State Administrative Tribunal must conduct proceedings 15 initiated under this Act or the Law in accordance with the State 16 Administrative Tribunal Act 2004. 17 204. Disciplinary proceedings may involve 1 or more matters 18 Disciplinary proceedings initiated in the State Administrative 19 Tribunal may relate to 1 or more matters that involve, or may 20 involve, unsatisfactory professional conduct or professional 21 misconduct. 22 205. Time for initiating disciplinary proceedings under Uniform 23 Law s. 300 24 (1) The Board must initiate a disciplinary proceeding in the State 25 Administrative Tribunal within 6 months after the day on which 26 the Board decides to initiate proceedings in the Tribunal with 27 respect to the alleged conduct. 28 (2) However, the Board may apply in writing to the State 29 Administrative Tribunal for leave to initiate proceedings after 30 the 6-month period under subsection (1). page 109 Legal Profession Uniform Law Application Bill 2020 Part 9 Proceedings s. 206 1 (3) The State Administrative Tribunal may grant leave to initiate 2 proceedings later than the 6-month period. 3 (4) In making a decision under subsection (3), the State 4 Administrative Tribunal may have regard to all of the 5 circumstances of the case, including -- 6 (a) the public interest; and 7 (b) the extent to which, having regard to the delay, there is 8 or may be prejudice to the Australian lawyer concerned 9 because evidence that would have been available if the 10 application had been made within the 6-month period is 11 no longer available; and 12 (c) whether the Board's explanation for the delay in 13 initiating the proceedings is reasonable. 14 (5) An official record or notification of the Board stating the 15 Board's decision to initiate proceedings referred to in 16 subsection (1) is sufficient evidence of the Board's decision. 17 206. State Administrative Tribunal to conduct hearing for 18 disciplinary proceeding 19 The State Administrative Tribunal must conduct a hearing into 20 each allegation made in an application initiating a disciplinary 21 proceeding. 22 207. Variation of application initiating disciplinary proceeding 23 (1) In this section -- 24 vary, in relation to an application initiating a disciplinary 25 proceeding, includes adding an allegation to, or removing an 26 allegation from, the application. 27 (2) The Board may apply to vary an application initiating a 28 disciplinary proceeding. 29 (3) The State Administrative Tribunal may vary the application if 30 satisfied that it is reasonable to do so, having regard to all the page 110 Legal Profession Uniform Law Application Bill 2020 Proceedings Part 9 s. 208 1 circumstances, including whether varying the application would 2 affect the fairness of the proceedings. 3 (4) If the variation of an application initiating a disciplinary 4 proceeding is to add an allegation to the application, the State 5 Administrative Tribunal must not decline to vary the application 6 only because -- 7 (a) the additional allegation has not been the subject of a 8 complaint; or 9 (b) the additional allegation has not been the subject of an 10 investigation; or 11 (c) the alleged conduct concerned occurred more than 12 3 years ago. 13 208. Interlocutory and interim orders in relation to disciplinary 14 proceedings 15 The State Administrative Tribunal may make any interlocutory 16 or interim orders that it considers appropriate before making its 17 final decision for a disciplinary proceeding. 18 209. State Administrative Tribunal not bound by rules of 19 evidence 20 (1) This section applies to -- 21 (a) a disciplinary proceeding; and 22 (b) a proceeding under the Legal Profession Uniform 23 Law (WA) section 453. 24 (2) For the purposes of the Legal Profession Uniform Law (WA) 25 sections 301(3) and 453(6), the State Administrative Tribunal is 26 not bound by the rules of evidence. 27 210. Notification of particular State Administrative Tribunal 28 orders 29 The Board must ensure that persons and bodies having relevant 30 functions under a corresponding law of another participating page 111 Legal Profession Uniform Law Application Bill 2020 Part 9 Proceedings s. 211 1 jurisdiction (a relevant jurisdiction) are notified of the making 2 and contents of any order of the State Administrative Tribunal 3 under section 208 or the Legal Profession Uniform Law (WA) 4 Part 5.4 Division 3 that -- 5 (a) needs to be, or is capable of being, given effect to in the 6 relevant jurisdiction; and 7 (b) relates to the Australian legal practitioner's practice of 8 law in the relevant jurisdiction. 9 211. Provisions about fines imposed under Uniform Law s. 302 10 If the State Administrative Tribunal makes an order under the 11 Legal Profession Uniform Law (WA) section 302(1)(l), the 12 amount must be paid to the Board within the period specified by 13 the Tribunal. 14 212. Giving effect to State Administrative Tribunal orders 15 Persons and bodies having relevant functions under this Act or 16 the Legal Profession Uniform Law (WA) must -- 17 (a) give effect to an order of the State Administrative 18 Tribunal under section 208; and 19 (b) enforce an order that requires compliance by an 20 Australian legal practitioner (except to the extent that 21 the order relates to the practitioner's practice of law in 22 another jurisdiction). 23 213. State Administrative Tribunal to give order recommending 24 removal of lawyer from roll or register to Principal 25 Registrar 26 If the State Administrative Tribunal makes an order under the 27 Legal Profession Uniform Law (WA) section 302(1)(f), the 28 Tribunal must give the following to the Principal Registrar -- 29 (a) a copy of the order; 30 (b) a record of the evidence taken at the hearing; page 112 Legal Profession Uniform Law Application Bill 2020 Proceedings Part 9 s. 214 1 (c) a copy of the Tribunal's reasons for the final decision to 2 make the order. 3 214. Official notification to Board and Legal Services and 4 Complaints Committee of removal from roll under Uniform 5 Law s. 23 6 If a person's name and other particulars are removed from the 7 Supreme Court roll under the Legal Profession Uniform 8 Law (WA) section 23, the Principal Registrar must, as soon as 9 practicable, give written notice of the removal to the Board and 10 the Legal Services and Complaints Committee. page 113 Legal Profession Uniform Law Application Bill 2020 Part 10 Registers Division 1 Certificate registers s. 215 1 Part 10 -- Registers 2 Division 1 -- Certificate registers 3 215. Register of Australian practising certificates granted by the 4 Board 5 (1) The Board must keep a register of the names of Australian 6 lawyers to whom the Board grants Australian practising 7 certificates. 8 (2) The register must -- 9 (a) state the conditions (if any) imposed on an Australian 10 practising certificate in relation to engaging in legal 11 practice; and 12 (b) include any other particulars prescribed by the local 13 regulations. 14 (3) If a condition is imposed on an Australian practising certificate 15 because of an injury to, or the infirmity or mental or physical 16 illness of, the holder of the practising certificate, the Board may 17 omit from the register any part of the condition that includes -- 18 (a) the reason for the imposition of the condition; and 19 (b) other information in relation to the injury, infirmity or 20 mental or physical illness. 21 (4) Subject to the Legal Profession Uniform Law (WA) section 435, 22 the Board may keep the register in the manner the Board 23 decides. 24 (5) The register -- 25 (a) must be available for inspection, without charge, at the 26 Board's principal place of business during normal 27 business hours; and 28 (b) may otherwise be published by the Board in the manner 29 and circumstances it considers appropriate, including by page 114 Legal Profession Uniform Law Application Bill 2020 Registers Part 10 Disciplinary action register Division 2 s. 216 1 publishing the names of persons in the register and other 2 information included in the register about the persons. 3 216. Register of Australian registration certificates granted by 4 the Board 5 (1) The Board must keep a register of the names of persons to 6 whom the Board grants Australian registration certificates. 7 (2) The register must -- 8 (a) state the conditions (if any) imposed on an Australian 9 registration certificate; and 10 (b) include any other particulars prescribed by the local 11 regulations. 12 (3) Subject to the Legal Profession Uniform Law (WA) section 435, 13 the Board may keep the register in the manner the Board 14 decides. 15 (4) The register -- 16 (a) must be available for inspection, without charge, at the 17 Board's principal place of business during normal 18 business hours; and 19 (b) may otherwise be published by the Board in the manner 20 and circumstances it considers appropriate, including by 21 publishing the names of persons in the register and other 22 information included in the register about the persons. 23 Division 2 -- Disciplinary action register 24 217. Terms used 25 In this Division -- 26 disciplinary action means -- 27 (a) the making of an order by a court or tribunal for or 28 following a finding of unsatisfactory professional 29 conduct or professional misconduct by an Australian page 115 Legal Profession Uniform Law Application Bill 2020 Part 10 Registers Division 2 Disciplinary action register s. 218 1 lawyer under this Act, the Legal Profession Uniform 2 Law (WA) or a corresponding law; or 3 (b) any of the following actions taken under the Legal 4 Profession Uniform Law (WA) or a corresponding law, 5 following a finding by a court, tribunal or other person 6 of professional misconduct by an Australian lawyer -- 7 (i) the removal of the name of the lawyer from a 8 Supreme Court roll; 9 (ii) the suspension, variation or cancellation of the 10 lawyer's Australian practising certificate or 11 Australian registration certificate; 12 (iii) the refusal to grant or renew an Australian 13 practising certificate or Australian registration 14 certificate to the lawyer; 15 (iv) the appointment of a receiver of all or any of the 16 lawyer's property or the appointment of a 17 manager of the lawyer's practice; 18 (v) the making of an order under Part 5.4 of the Law, 19 other than an order cautioning or reprimanding 20 the lawyer; 21 register of disciplinary action means the register kept under 22 section 218(2). 23 218. Register of disciplinary action 24 (1) In this section -- 25 former register means the Register of Disciplinary Action kept 26 under section 452(1) of the old Act; 27 previous disciplinary action means disciplinary action as 28 defined in section 451 of the old Act. 29 (2) The Board must keep a register of the following -- 30 (a) disciplinary action taken under the Legal Profession 31 Uniform Law (WA); page 116 Legal Profession Uniform Law Application Bill 2020 Registers Part 10 Disciplinary action register Division 2 s. 218 1 (b) disciplinary action taken under a corresponding law in 2 respect of an Australian lawyer admitted or practising in 3 the State; 4 (c) previous disciplinary action recorded in the former 5 register in relation to an Australian lawyer admitted or 6 practising in the State. 7 (3) The register of disciplinary action may also include previous 8 disciplinary action that occurred before the day on which this 9 section comes into operation but was not recorded in the former 10 register. 11 (4) The register of disciplinary action must include -- 12 (a) the full name of the person (the disciplined person) 13 against whom the disciplinary action, or previous 14 disciplinary action, was taken; and 15 (b) the disciplined person's business address or former 16 business address; and 17 (c) the disciplined person's home jurisdiction or most recent 18 home jurisdiction; and 19 (d) particulars of the disciplinary action, or previous 20 disciplinary action, taken; and 21 (e) other particulars prescribed by the local regulations. 22 (5) The register of disciplinary action may be kept in a form 23 determined by the Board and form part of other registers. 24 (6) The Board may cause any error in or omission from the register 25 of disciplinary action to be corrected. 26 (7) The Legal Services and Complaints Committee, the State 27 Administrative Tribunal and the Principal Registrar must 28 provide to the Board sufficient information to enable the Board 29 to exercise the Board's functions in respect of the register of 30 disciplinary action. page 117 Legal Profession Uniform Law Application Bill 2020 Part 10 Registers Division 2 Disciplinary action register s. 219 1 219. Public availability of register of disciplinary action 2 (1) The register of disciplinary action must be made available for 3 public inspection on -- 4 (a) the Board's website; or 5 (b) another website identified on the Board's website. 6 (2) Information recorded in the register of disciplinary action may 7 be provided to members of the public in any other manner 8 approved by the Board. 9 220. Publicising disciplinary action 10 Without limiting other provisions of this Division dealing with 11 publication of disciplinary action, the Board may publicise 12 disciplinary action taken against a person in any manner the 13 Board considers appropriate. 14 221. Effect of quashing of disciplinary action 15 (1) If disciplinary action is quashed on appeal or review, any 16 reference to that disciplinary action must be removed from the 17 register of disciplinary action. 18 (2) If disciplinary action is quashed on appeal or review after the 19 action was publicised by the Board under section 220, the result 20 of the appeal or review must be publicised with equal 21 prominence by the Board. 22 222. Publicising disciplinary action taken because of injury, 23 infirmity or illness 24 (1) In this section -- 25 relevant disciplinary action, in relation to a person, means 26 disciplinary action that is -- 27 (a) the suspension or cancellation of the person's Australian 28 practising certificate; or 29 (b) a refusal to grant or renew an Australian practising 30 certificate applied for by the person; or page 118 Legal Profession Uniform Law Application Bill 2020 Registers Part 10 Disciplinary action register Division 2 s. 223 1 (c) a restriction or prohibition on the person's right to 2 engage in legal practice. 3 (2) If relevant disciplinary action is taken against a person because 4 of the person's injury, infirmity or physical or mental illness, 5 the relevant disciplinary action may be recorded in the register 6 of disciplinary action but any other information relating to the 7 person's injury, infirmity or physical or mental illness must not 8 be recorded in the register or otherwise publicised under this 9 Division without the person's consent. 10 (3) Disciplinary action must not be recorded in the register of 11 disciplinary action or otherwise publicised under this Division 12 if -- 13 (a) the disciplinary action is taken against a person because 14 of the person's injury, infirmity or physical or mental 15 illness; and 16 (b) the disciplinary action is not relevant disciplinary action. 17 223. Effect of secrecy provisions and non-disclosure orders 18 (1) The provisions of this Division are subject to any order made by 19 any of the following so far as the order prohibits or restricts the 20 disclosure of information -- 21 (a) the Supreme Court or the State Administrative Tribunal; 22 (b) a corresponding authority in relation to disciplinary 23 action taken under provisions of a corresponding law; 24 (c) another court or tribunal of this State or another 25 jurisdiction. 26 (2) Despite subsection (1), the name and other identifying 27 particulars of a person against whom disciplinary action is 28 taken, and the kind of disciplinary action taken, must be 29 recorded in the register of disciplinary action in accordance with 30 the requirements of this Division and may be otherwise 31 publicised under this Division. page 119 Legal Profession Uniform Law Application Bill 2020 Part 10 Registers Division 2 Disciplinary action register s. 224 1 224. Liability for publicising disciplinary action 2 (1) In this section -- 3 protected person means -- 4 (a) the State; or 5 (b) the Board; or 6 (c) a person responsible for keeping the whole or any part 7 of the register of disciplinary action; or 8 (d) an Internet service provider or Internet content host; or 9 (e) a member of staff of, or a person acting at the direction 10 of, a statutory body or any person or body referred to in 11 this definition. 12 (2) No liability is incurred by a protected person in respect of 13 anything done or omitted to be done in good faith for the 14 purpose of -- 15 (a) publicising disciplinary action taken against a person; or 16 (b) exercising functions of the Board under this Division; or 17 (c) keeping, publishing, or enabling access to, the register 18 of disciplinary action. 19 (3) Without limiting subsection (2), no liability (including liability 20 in defamation) is incurred by a protected person publishing in 21 good faith -- 22 (a) information about disciplinary action -- 23 (i) recorded in the register of disciplinary action; or 24 (ii) otherwise publicised by the Board under this 25 Division; 26 or 27 (b) matters purporting to contain information mentioned in 28 paragraph (a) that is incorrect in any respect; or 29 (c) a fair report or summary of information mentioned in 30 paragraph (a). page 120 Legal Profession Uniform Law Application Bill 2020 Registers Part 10 Disqualification orders and approvals register Division 3 s. 225 1 Division 3 -- Disqualification orders and approvals register 2 225. Disqualification orders and approvals register 3 (1) The Board may keep a register of -- 4 (a) orders made under the Legal Profession Uniform 5 Law (WA) section 119 or 120 on application by the 6 Board; and 7 (b) approvals of persons as lay associates for the purposes 8 of the Legal Profession Uniform Law (WA) section 121 9 given by the Board under section 121(2) of the Law. 10 (2) If the Board keeps a register under subsection (1), the 11 register -- 12 (a) must include the information required by the local 13 regulations; and 14 (b) if the Uniform Rules (WA) specify details that may or 15 must not be included in the register and the Rules are 16 not inconsistent with the local regulations made for the 17 purposes of paragraph (a) -- must be consistent with the 18 Uniform Rules (WA); and 19 (c) may otherwise be kept in a form determined by the 20 Board. 21 (3) The register -- 22 (a) must be available for inspection by an Australian legal 23 practitioner, without charge, at the Board's principal 24 place of business during normal business hours; and 25 (b) must not be made available for inspection by a person 26 who is not an Australian legal practitioner. page 121 Legal Profession Uniform Law Application Bill 2020 Part 11 Enforcement Division 1 Search warrants under Legal Profession Uniform Law (WA) s. 226 1 Part 11 -- Enforcement 2 Division 1 -- Search warrants under Legal Profession Uniform 3 Law (WA) 4 226. Application for search warrants under Uniform Law s. 377 5 (1) An application for a search warrant under the Legal Profession 6 Uniform Law (WA) section 377 must be made to a magistrate 7 under subsection (2) and the Criminal Investigation Act 2006 8 section 13. 9 (2) The application, or the written record of the application, must 10 state -- 11 (a) the investigator's full name; and 12 (b) the details of the investigator's appointment for 13 inspection; and 14 (c) details of the premises in relation to which the warrant 15 will be issued; and 16 (d) a description of the relevant material the investigator 17 suspects is located at the premises; and 18 (e) the reasonable grounds upon which the investigator 19 suspects the relevant material is located at the premises; 20 and 21 (f) whether the investigator knows another application for a 22 search warrant has been made, and whether the warrant 23 was issued, in relation to the premises for which the 24 warrant is being applied for. 25 227. Provisions for search warrants issued under Uniform Law 26 s. 377 27 (1) A search warrant issued under the Legal Profession Uniform 28 Law (WA) section 377 must state -- 29 (a) the name of the magistrate who issued the warrant; and 30 (b) the time and day when the warrant was issued; and page 122 Legal Profession Uniform Law Application Bill 2020 Enforcement Part 11 Search warrants under Legal Profession Uniform Law (WA) Division 1 s. 228 1 (c) the investigator's full name and the details of the 2 investigator's appointment for inspection; and 3 (d) details of the premises in relation to which the warrant is 4 issued; and 5 (e) a description of the relevant material the investigator 6 suspects is located at the premises; and 7 (f) the period, beginning on the day on which the warrant is 8 issued and ending no more than 30 days after that day, 9 during which the warrant must be executed; and 10 (g) any restrictions on the powers that may be exercised 11 under section 228 of this Act or section 375 of the Law. 12 (2) A search warrant comes into force when it is issued by the 13 magistrate. 14 (3) The Criminal Investigation Act 2006 section 13(8) applies in 15 relation to a search warrant issued under the Legal Profession 16 Uniform Law (WA) section 377. 17 228. Use of force when executing search warrants issued under 18 Uniform Law s. 377 19 An investigator executing a search warrant issued under the 20 Legal Profession Uniform Law (WA) section 377 may, in 21 addition to the powers that may be exercised under section 375 22 of the Law, use force under the Criminal Investigation Act 2006 23 section 16 as if the powers exercised under section 375 of the 24 Law were a power exercised under that Act. 25 229. Executed search warrants issued under Uniform Law s. 377 26 to be endorsed 27 An investigator executing a search warrant issued under the 28 Legal Profession Uniform Law (WA) section 377 must endorse 29 the warrant, or a copy or form of the warrant referred to in the 30 Criminal Investigation Act 2006 section 13(8), with the time 31 and day when the warrant was executed. page 123 Legal Profession Uniform Law Application Bill 2020 Part 11 Enforcement Division 2 Contraventions of Act or Legal Profession Uniform Law (WA) s. 230 1 230. Receipt for items seized under search warrants 2 If an investigator executing a search warrant issued under the 3 Legal Profession Uniform Law (WA) section 377 retains a 4 document or other thing seized during the search under 5 section 380 of the Law, the investigator must -- 6 (a) issue a receipt in the form approved by the Board; and 7 (b) either -- 8 (i) if the occupier of the premises from which the 9 thing is seized, or a person other than the 10 occupier, is present -- give the receipt to the 11 person; or 12 (ii) in any other case -- leave the receipt on the 13 premises in an envelope addressed to the 14 occupier of the premises. 15 Division 2 -- Contraventions of Act or Legal Profession 16 Uniform Law (WA) 17 231. Board may appoint person to investigate contravention of 18 Act or Uniform Law 19 (1) This section applies if the Board suspects on reasonable grounds 20 that a person has -- 21 (a) committed an offence under this Act; or 22 (b) committed an offence against the Legal Profession 23 Uniform Law (WA) or contravened a civil penalty 24 provision, other than an offence or civil penalty 25 provision in Part 4.2 of the Law. 26 (2) The Board may appoint a person to investigate the suspected 27 commission of the offence or contravention of the penalty 28 provision. 29 Note for this subsection: 30 See the Legal Profession Uniform Law (WA) section 469. page 124 Legal Profession Uniform Law Application Bill 2020 Enforcement Part 11 Contraventions of Act or Legal Profession Uniform Law (WA) Division 2 s. 232 1 (3) The Legal Profession Uniform Law (WA) Chapter 7 applies in 2 relation to the investigation carried out under this section as if a 3 reference in Chapter 7 to -- 4 (a) a trust records investigation were a reference to the 5 investigation carried out under this section; and 6 (b) an investigator were a reference to a person appointed 7 under subsection (2). 8 (4) The Legal Profession Uniform Law (WA) sections 462, 465 and 9 467 apply to a person appointed under subsection (2) as if they 10 were a relevant person for the purposes of those sections of the 11 Law. 12 232. Who may commence proceedings for offence against Act or 13 Uniform Law 14 The Board, or a person authorised by the Board, may commence 15 a prosecution for an offence against this Act or the Legal 16 Profession Uniform Law (WA). 17 233. When prosecution may be commenced for offence against 18 Uniform Law s. 10 or 11 19 (1) A prosecution for an offence against the Legal Profession 20 Uniform Law (WA) section 10 or 11 may be commenced within 21 24 months after the day on which the alleged offence was 22 committed. 23 (2) However, if a prosecution notice specifies the day on which 24 evidence of the alleged offence against the Legal Profession 25 Uniform Law (WA) section 10 or 11 first came to the attention 26 of the Board, or a person authorised to commence a prosecution 27 under section 232 -- 28 (a) the prosecution may be commenced within 24 months 29 after the day specified in the notice; and 30 (b) the prosecution notice need not contain particulars of the 31 day on which the offence is alleged to have been 32 committed. page 125 Legal Profession Uniform Law Application Bill 2020 Part 11 Enforcement Division 3 Notices under Legal Profession Uniform Law (WA) s. 371(1)(a) or (b) s. 234 1 (3) The day on which evidence first came to the attention of the 2 Board, or a person authorised by the Board is the day specified 3 in the prosecution notice, unless the contrary is shown. 4 234. Enforcement of orders to pay fines under Uniform Law 5 (1) This section applies to -- 6 (a) an order under the Legal Profession Uniform Law (WA) 7 section 299(1)(f); or 8 (b) an order under the Legal Profession Uniform Law (WA) 9 section 302(1)(l). 10 (2) The order may be filed in the registry of the court that would 11 have jurisdiction to order payment of the fine as if it were a 12 debt. 13 (3) An order filed in the registry of the court under subsection (2) 14 may be enforced by the Board as if the order were an order of 15 the court. 16 235. Board may recover pecuniary penalty to be paid under 17 Uniform Law 18 For the purposes of the Legal Profession Uniform Law (WA) 19 section 456(a), the Board may enforce an order to pay a 20 pecuniary penalty made under the Law. 21 Division 3 -- Notices under Legal Profession Uniform Law (WA) 22 s. 371(1)(a) or (b) 23 236. Effect of notice under Uniform Law s. 371(1)(a) or (b) 24 (1) A notice served under the Legal Profession Uniform Law (WA) 25 section 371(1)(a) or (b) has the same effect as a subpoena to 26 produce documents or attend to give evidence, as the case may 27 be, issued by the Supreme Court for the attendance of a witness 28 for examination or production of documents in a civil action. 29 (2) Obedience to, or non-observance of, a notice served under the 30 Legal Profession Uniform Law (WA) section 371(1)(a) or (b) page 126 Legal Profession Uniform Law Application Bill 2020 Enforcement Part 11 Notices under Legal Profession Uniform Law (WA) s. 371(1)(a) Division 3 or (b) s. 236 1 may be enforced and punished by a judge in chambers in the 2 same manner as in the case of obedience to, or non-observance 3 of, a subpoena issued by the Supreme Court. 4 (3) However -- 5 (a) if a person is punished by a judge in chambers under 6 subsection (2), the person may be charged and convicted 7 of an offence against the Legal Profession Uniform Law 8 (WA) section 371(3) but not sentenced for the offence; 9 and 10 (b) if a person is charged, convicted of and sentenced for an 11 offence against the Legal Profession Uniform Law (WA) 12 section 371(3), the person may not be punished by a 13 judge in chambers under subsection (2). 14 Note for this subsection: 15 See also the Legal Profession Uniform Law (WA) section 466. page 127 Legal Profession Uniform Law Application Bill 2020 Part 12 Law Society Public Purposes Trust s. 237 1 Part 12 -- Law Society Public Purposes Trust 2 237. Terms used 3 In this Part -- 4 Law Society Public Purposes Trust Deed means the Deed of 5 Trust dated 22 August 1985 made by the Law Society as varied 6 from time to time and published on the Law Society's website; 7 vary, in relation to the Law Society Public Purposes Trust Deed, 8 means to vary, add to, or revoke part of, the Deed in accordance 9 with the Deed. 10 238. Remaining interest on trust accounts to be paid to Law 11 Society 12 If interest is earned on money in a trust account maintained with 13 an authorised ADI in this State, the authorised ADI must -- 14 (a) if a trust account arrangement provides for a proportion 15 of the interest to be paid to the Legal Contribution 16 Trust -- pay the remainder of the interest to the Law 17 Society when the ADI pays the Legal Contribution 18 Trust; or 19 (b) in any other case -- pay the interest to the Law Society 20 after the end of the month in which it is earned. 21 Penalty: a fine of $5 000. 22 Note for this section: 23 See section 198 for the limitation on amounts that can be paid to the 24 Legal Contribution Trust under a trust account arrangement. 25 239. Application of funds paid to Law Society 26 The Law Society must hold and apply the amounts received 27 under section 238 in accordance with the Law Society Public 28 Purposes Trust Deed. page 128 Legal Profession Uniform Law Application Bill 2020 Law Society Public Purposes Trust Part 12 s. 240 1 240. Legal Contribution Trust must provide copy of 2 arrangements to Law Society 3 The Legal Contribution Trust must give the Law Society a copy 4 of each trust account arrangement. 5 241. Tabling of instruments varying Law Society Public Purposes 6 Trust Deed 7 (1) If the Law Society Public Purposes Trust Deed is varied, the 8 Law Society must, within 14 days after the variation -- 9 (a) publish the instrument varying the Deed on the Law 10 Society's website; and 11 (b) give the Attorney General a copy of the instrument 12 varying the Deed. 13 (2) The Attorney General must, within 14 days after the day on 14 which a copy of an instrument is given to the Attorney General 15 under subsection (1), cause a copy of the instrument to be laid 16 before each House of Parliament or dealt with under 17 section 256. page 129 Legal Profession Uniform Law Application Bill 2020 Part 13 Law library s. 242 1 Part 13 -- Law library 2 242. Law library 3 (1) The State may establish and manage a law library for the use 4 of -- 5 (a) the judiciary; and 6 (b) Australian lawyers whose home jurisdiction is this State; 7 and 8 (c) other persons prescribed by the local regulations. 9 (2) Any assets acquired after the day on which this section comes 10 into operation for the purposes of the law library are vested in 11 and are the property of the State. 12 243. Law library contributions 13 (1) In this section -- 14 calculation regulations means the local regulations specifying a 15 method by which the amount of contribution is to be calculated 16 in any year; 17 CPI means -- 18 (a) the All Groups Consumer Price Index for Perth 19 published by the Bureau of Statistics established by the 20 Australian Bureau of Statistics Act 1975 21 (Commonwealth) section 5(1); or 22 (b) if the Bureau of Statistics does not publish the All 23 Groups Consumer Price Index for Perth -- another 24 similar index nominated by the Attorney General. 25 (2) The Board must pay to the State an amount each year, in 26 accordance with the local regulations, as a contribution towards 27 the cost of providing and maintaining the law library. 28 (3) The local regulations must specify -- 29 (a) the amount of the contribution or the method by which 30 the amount of the contribution is to be calculated; and page 130 Legal Profession Uniform Law Application Bill 2020 Law library Part 13 s. 243 1 (b) when payment becomes due. 2 (4) An amendment to the local regulations mentioned in 3 subsection (3) must be made at least 7 months before the 4 beginning of the financial year to which the amendment will 5 apply. 6 (5) Before an amendment to the local regulations mentioned in 7 subsection (3) is made, the Attorney General must -- 8 (a) obtain the written agreement of the Board, the Law 9 Society and the Western Australian Bar Association to 10 the proposed amendment; or 11 (b) notify the Board, the Law Society and the Western 12 Australian Bar Association of the proposed amendment 13 at least 9 months before the beginning of the first 14 financial year to which the proposed amendment is 15 intended to apply and have regard to any submissions 16 made by those bodies. 17 (6) Unless agreement is obtained as mentioned in subsection (5)(a), 18 neither the local regulations specifying an amount of 19 contribution to be paid nor the calculation regulations can be 20 amended so as to increase the amount required to be paid in any 21 year to an amount that is greater than the amount that would 22 have been payable in that year, if calculated under the 23 calculation regulations and adjusted for any CPI increase plus 24 2.5% per annum, pro rata, from the day on which the calculation 25 regulations were made or last amended (whichever is later) to 26 the day of the proposed amendment. 27 (7) The payment must be credited to an agency special purpose 28 account, named the Law Library Fund, established under the 29 Financial Management Act 2006 section 16 and administered 30 by the department. 31 (8) The money in the Law Library Fund must be applied -- 32 (a) to provide and maintain the law library; and page 131 Legal Profession Uniform Law Application Bill 2020 Part 13 Law library s. 244 1 (b) to provide library services to the persons mentioned in 2 section 242(1); and 3 (c) for other purposes prescribed by the local regulations. 4 244. Local regulations for law library 5 (1) The local regulations may provide for the provision, operation 6 and management of the law library, including -- 7 (a) access to and use of the law library; and 8 (b) the terms on which persons may be given access to and 9 use of the law library facilities (including the payment 10 of fees); and 11 (c) the borrowing of law library resources; and 12 (d) the manner of securing a law library resource if it has 13 been loaned. 14 (2) The local regulations made for the purposes of subsection (1) 15 may provide for the making of rules or administrative 16 procedures by a person or body. page 132 Legal Profession Uniform Law Application Bill 2020 Miscellaneous Part 14 s. 245 1 Part 14 -- Miscellaneous 2 245. Information sharing 3 The Board, the Legal Services and Complaints Committee and 4 the Legal Contribution Trust (each of which is a relevant 5 authority) may disclose information to -- 6 (a) another relevant authority about any matter relating to or 7 arising under this Act, the Legal Profession Uniform 8 Law (WA) or another Act; or 9 (b) a corresponding authority about any matter relating to or 10 arising under an Act, the Legal Profession Uniform Law 11 (WA) or a corresponding law; or 12 (c) a person or class of persons prescribed by the local 13 regulations about any matter relating to or arising under 14 an Act, the Legal Profession Uniform Law (WA) or a 15 corresponding law, subject to any conditions prescribed 16 by the local regulations. 17 246. Conduct that constitutes unsatisfactory professional conduct 18 or professional misconduct 19 Without limiting the Legal Profession Uniform Law (WA) 20 section 298, the following conduct by an Australian lawyer may 21 constitute unsatisfactory professional conduct or professional 22 misconduct -- 23 (a) if the local regulations provide that a consequence for 24 contravening a requirement under the local regulations 25 constitutes unsatisfactory professional conduct or 26 professional misconduct -- contravening the 27 requirement; 28 (b) failing to notify the Board of a change in circumstances 29 under section 175; 30 (c) failing to comply with a notice under section 188; 31 (d) providing false or misleading information to the Law 32 Society or the Board under section 188; page 133 Legal Profession Uniform Law Application Bill 2020 Part 14 Miscellaneous s. 247 1 (e) failing to comply with an order made by the Board or 2 the Legal Services and Complaints Committee under 3 this Act. 4 247. Powers of Supreme Court unaffected 5 (1) Subject to section 236(3)(b), the imposition of a penalty for a 6 contravention of a provision of this Act or the Legal Profession 7 Uniform Law (WA) does not affect the power of the Supreme 8 Court to punish for a contempt of the Court. 9 (2) Despite anything to the contrary in the Legal Profession 10 Uniform Law (WA), nothing in the Law excludes or restricts 11 judicial review by the Supreme Court of a decision of another 12 court, tribunal, body or person. 13 248. Liability of principals for contravention of Act 14 The Legal Profession Uniform Law (WA) section 35 applies in 15 relation to a contravention by a law practice of a provision of 16 this Act imposing an obligation on the law practice in the same 17 way as it applies in relation to a contravention by a law practice 18 of a provision of the Law imposing an obligation on the law 19 practice. 20 249. Defect or irregularity in person's appointment 21 (1) A defect or irregularity in the appointment of any person 22 exercising, or purporting to exercise, a function under this Act 23 or the Legal Profession Uniform Law (WA) does not invalidate 24 an act done by the person in good faith. 25 (2) In this section a reference to the doing of anything includes a 26 reference to the omission to do anything. 27 250. Local regulations 28 (1) The Governor may make regulations prescribing matters -- 29 (a) required or permitted by this Act to be prescribed; or page 134 Legal Profession Uniform Law Application Bill 2020 Miscellaneous Part 14 s. 250 1 (b) necessary or convenient to be prescribed for giving 2 effect to this Act. 3 (2) Without limiting subsection (1), the local regulations may make 4 provision for or in relation to -- 5 (a) fees in respect of functions of -- 6 (i) the Supreme Court under this Act; and 7 (ii) the State Administrative Tribunal under this Act; 8 and 9 (iii) the Board, Legal Services and Complaints 10 Committee or another person under this Act; and 11 (iv) a designated tribunal or local regulatory authority 12 under the Legal Profession Uniform Law (WA) 13 or the Uniform Rules (WA), to the extent that 14 fees are not specified in, or otherwise provided 15 for by, the Law or the Uniform Rules (WA); 16 and 17 (b) the payment, collection, waiver, postponement or refund 18 of fees paid under this Act or the Legal Profession 19 Uniform Law (WA); and 20 (c) the giving of information to the Board by a local legal 21 practitioner if information previously given to the Board 22 is no longer correct; and 23 (d) the exempting of persons, or classes of persons, in 24 whole or part from provisions of this Act. 25 (3) Without limiting subsection (1), the local regulations may -- 26 (a) provide that a contravention of a provision of the local 27 regulations is an offence and provide for a penalty for 28 the offence not exceeding a fine of $5 000; and 29 (b) confer a discretion on a person; and 30 (c) impose conditions, or authorise or permit a person to 31 impose conditions, in relation to a matter. page 135 Legal Profession Uniform Law Application Bill 2020 Part 14 Miscellaneous s. 251 1 251. Local approved forms 2 (1) If this Act provides that a local approved form may or must be 3 given to a person under or for the purposes of this Act or the 4 Legal Profession Uniform Law (WA), the person to whom the 5 form may or must be given may approve that form. 6 (2) The local regulations may include provision for or in relation to 7 local approved forms. 8 (3) Local approved forms must be published on the website of the 9 person who approved it. 10 252. Delegation 11 (1) In this section -- 12 prescribed person, in relation to a power or duty under this Act, 13 means a person, or a person in a class of persons, prescribed by 14 the local regulations as a person or class of persons to whom 15 that power or duty may be delegated under this section. 16 (2) The Law Society may delegate to a prescribed person any 17 power or duty of the Law Society under another provision of 18 this Act, other than a power or duty under Part 7. 19 (3) A delegation under subsection (2) must be in writing and 20 executed by the Law Society. 21 (4) A person, other than the Law Society, the Board or the Legal 22 Services and Complaints Committee, who has a power or duty 23 under this Act may delegate any power or duty that person has 24 under another provision of this Act to a prescribed person. 25 (5) A delegation under subsection (4) must be in writing and be 26 signed by the person. 27 (6) A prescribed person to whom a power or duty is delegated 28 under this section cannot delegate that power or duty. 29 (7) A person exercising or performing a power or duty that has been 30 delegated to the person under this section is taken to do so in page 136 Legal Profession Uniform Law Application Bill 2020 Miscellaneous Part 14 s. 253 1 accordance with the terms of the delegation unless the contrary 2 is shown. 3 (8) Nothing in this section limits the ability of a person who may 4 delegate a power or duty under this section to perform a 5 function through an officer or agent. 6 253. Protection from liability 7 (1) No liability is incurred by any of the following persons in 8 respect of anything done in good faith in the performance or 9 purported performance of a function under this Act -- 10 (a) the Attorney General; 11 (b) the Board; 12 (c) a Board member; 13 (d) the secretary of the Board employed or engaged under 14 section 53(1); 15 (e) a member of staff of the Board; 16 (f) the Legal Services and Complaints Committee; 17 (g) a Legal Services and Complaints Committee member; 18 (h) the Legal Services and Complaints Officer; 19 (i) the Legal Costs Committee; 20 (j) a Legal Costs Committee member; 21 (k) the Legal Contribution Trust; 22 (l) a trustee of the Legal Contribution Trust; 23 (m) a person employed or engaged by the Legal 24 Contribution Trust under section 102(2); 25 (n) the Law Society, including the Law Society in its 26 capacity as trustee of the Law Mutual Fund; 27 (o) a person employed or engaged by the Law Society; 28 (p) the PII management committee or any member of that 29 committee; page 137 Legal Profession Uniform Law Application Bill 2020 Part 14 Miscellaneous s. 254 1 (q) any committee, or member of a committee, of the Board, 2 the Legal Contribution Trust or the Law Society. 3 (2) The protection given by subsection (1) applies even though the 4 thing done as described in that subsection may have been 5 capable of being done whether or not this Act had been enacted. 6 (3) In this section a reference to the doing of anything includes a 7 reference to the omission to do anything. 8 (4) Subsection (5) applies to a person who -- 9 (a) performs any function in relation to an investigation 10 under section 231; or 11 (b) is otherwise concerned in an inquiry before the Board 12 under this Act or the Legal Profession Uniform Law 13 (WA). 14 (5) The person has, in respect of the function or concern, the same 15 protection and immunity that a member or an officer of the 16 Supreme Court, or a witness or a party before the Supreme 17 Court, would have in respect of a function or concern of a like 18 nature related to the jurisdiction of the Supreme Court. 19 254. Certain witnesses compellable despite Uniform Law s. 468 20 For the purposes of the Legal Profession Uniform Law (WA) 21 section 468(2), section 468(1) of the Law does not apply to a 22 legal proceeding (however described), including a proceeding 23 for an offence, under -- 24 (a) the Corruption, Crime and Misconduct Act 2003; or 25 (b) the Parliamentary Commissioner Act 1971; or 26 (c) the Royal Commissions Act 1968. 27 255. Review of Act and Uniform Law 28 (1) The Attorney General must review the operation and 29 effectiveness of this Act and the Legal Profession Uniform Law 30 (WA), and prepare a report based on the review, as soon as page 138 Legal Profession Uniform Law Application Bill 2020 Miscellaneous Part 14 s. 256 1 practicable after the 5th anniversary of the day on which this 2 section comes into operation. 3 (2) The Attorney General must cause the report to be laid before 4 each House of Parliament as soon as practicable after it is 5 prepared, but not later than 12 months after the 5th anniversary. 6 256. Laying documents before House of Parliament not sitting 7 (1) This section applies if -- 8 (a) a provision of this Act requires the Attorney General to 9 cause a document to be laid before each House of 10 Parliament, or dealt with under this section, within a 11 period; and 12 (b) at the beginning of the period, a House of Parliament is 13 not sitting; and 14 (c) in the Attorney General's opinion, the House will not sit 15 during the period. 16 (2) The Attorney General must send the document to the Clerk of 17 the House. 18 (3) When the document is sent to the Clerk of the House it is taken 19 to have been laid before the House. 20 (4) The laying of the document that is taken to have occurred under 21 subsection (3) must be recorded in the Minutes, or Votes and 22 Proceedings, of the House on the first sitting day of the House 23 after the Clerk receives the document. 24 257. Giving of documents generally 25 (1) A person or body having a function under this Act may give a 26 document required or authorised under this Act to another 27 person by -- 28 (a) giving it to the other person personally; or page 139 Legal Profession Uniform Law Application Bill 2020 Part 14 Miscellaneous s. 257 1 (b) sending it by prepaid post (including document 2 exchange) addressed to the other person -- 3 (i) to the address provided by the other person for 4 the giving or service of documents; or 5 (ii) if no address is specified by the other person -- 6 to the last known address of the person; 7 or 8 (c) leaving it at the other person's usual or last known place 9 of residence or business; or 10 (d) emailing it to an email address or faxing it to a fax 11 number -- 12 (i) provided by the other person for the giving or 13 service of documents; or 14 (ii) if no email address or fax number is provided as 15 referred to in subparagraph (i) -- to the email 16 address or fax number appearing on recent 17 correspondence addressed by or on behalf of the 18 other person; 19 or 20 (e) communicating it in some other way agreed with the 21 other person; or 22 (f) if the other person is a corporation or an association of 23 persons (whether incorporated or not) -- by delivering 24 or leaving the document or posting it as a letter, 25 addressed in each case to the corporation or association, 26 at its principal place of business or principal office in the 27 State. 28 (2) A document required to be given under this Act to a partnership 29 is taken to have been given to all members of the partnership if 30 it is given to any member of the partnership in accordance with 31 subsection (1). page 140 Legal Profession Uniform Law Application Bill 2020 Miscellaneous Part 14 s. 257 1 (3) The use of a particular method for giving a document to a 2 particular person does not prevent the giving of other documents 3 to the same person in a different way. page 141 Legal Profession Uniform Law Application Bill 2020 Part 15 Repeals s. 258 1 Part 15 -- Repeals 2 258. Repeals 3 The following Acts are repealed -- 4 (a) the Legal Profession Act 2008; 5 (b) the Law Society Public Purposes Trust Act 1985. 6 259. Interpretation Act 1984 not affected 7 Except where the contrary intention appears, this Part and 8 Part 16 do not prejudice or affect the application of the 9 Interpretation Act 1984 to and in relation to the repeal of the old 10 Act or the Law Society Public Purposes Trust Act 1985 under 11 section 258. page 142 Legal Profession Uniform Law Application Bill 2020 Transitional provisions Part 16 Preliminary Division 1 s. 260 1 Part 16 -- Transitional provisions 2 Division 1 -- Preliminary 3 260. Terms used 4 In this Part -- 5 commencement day means the day on which this section comes 6 into operation; 7 Complaints Committee means the Legal Profession Complaints 8 Committee established under section 555(1) of the old Act; 9 PII regulations means regulations made under section 328(1) of 10 the old Act as in force immediately before commencement day; 11 working day means a day other than a Saturday, Sunday or 12 public holiday throughout the State. 13 261. Interaction between this Part and Uniform Law Sch. 4 14 This Part -- 15 (a) states the extent to which the Legal Profession Uniform 16 Law (WA) Schedule 4 Part 3 applies as a law of this 17 State; and 18 (b) provides for savings and transitional provisions in 19 addition to those in Parts 1 and 2 of that Schedule. 20 Division 2 -- Provisions about Legal Profession Uniform 21 Law (WA) 22 262. Application of particular amending Acts enacted after 23 17 March 2020 but before commencement day 24 If an amending Act receives the Royal Assent after 25 17 March 2020 but before commencement day, sections 8 to 10 26 apply to the amending Act as if the amending Act received the 27 Royal Assent on commencement day. page 143 Legal Profession Uniform Law Application Bill 2020 Part 16 Transitional provisions Division 2 Provisions about Legal Profession Uniform Law (WA) s. 263 1 263. Application of s. 15 and 16 to Uniform Regulations and 2 Uniform Rules made after 17 March 2020 but before 3 commencement day 4 (1) If the Uniform Regulations or Uniform Rules are made after 5 17 March 2020 but before commencement day, sections 15 6 and 16 apply to the regulations or rules as if they were made on 7 commencement day. 8 (2) However, subsection (1) does not apply to a provision of an 9 amending Act that amends the Uniform Regulations or Uniform 10 Rules. 11 264. Application of particular provisions of Uniform Law Sch. 4 12 Pt. 3 13 (1) This section states, for the purposes of the Legal Profession 14 Uniform Law (WA) Schedule 4 clause 10(1), the extent to which 15 Schedule 4 Part 3 of the Law applies as a law of this State. 16 (2) The following provisions of the Legal Profession Uniform Law 17 (WA) Schedule 4 Part 3 apply as a law of this State without 18 modification -- 19 (a) clauses 11 to 18; 20 (b) clauses 20 to 23; 21 (c) clauses 29 and 30. 22 (3) The Legal Profession Uniform Law (WA) Schedule 4 clause 28 23 applies as a law of this State as if -- 24 (a) the reference in clause 28(1)(a) to old Chapter 5 were a 25 reference to Part 14 of the old Act; and 26 (b) the reference in clause 28(1)(b) to that Chapter were a 27 reference to that Part. page 144 Legal Profession Uniform Law Application Bill 2020 Transitional provisions Part 16 Local regulatory bodies Division 3 s. 265 1 Division 3 -- Local regulatory bodies 2 265. Continuation of Legal Practice Board 3 (1) The Board established under this Act is the same entity as, and a 4 continuation of, the Legal Practice Board established under 5 section 534 of the old Act. 6 (2) The rights and liabilities of or in relation to the Legal Practice 7 Board established under the old Act continue as rights and 8 liabilities of or in relation to the Board established under this 9 Act. 10 266. Members of Legal Practice Board 11 (1) A person who was elected as a member of the Legal Practice 12 Board under the old Act and holds that office immediately 13 before commencement day continues on and after that day to be 14 a member of the Board under this Act until the expiry of the 15 term for which the member was elected, subject to this Act. 16 (2) A Queen's Counsel or Senior Counsel who was a member of the 17 Legal Practice Board under the old Act immediately before 18 commencement day continues on and after that day to be a 19 member of the Board under this Act, subject to this Act. 20 (3) A member of the Legal Practice Board under the old Act who 21 was chairperson or deputy chairperson of that Board 22 immediately before commencement day continues on and after 23 that day to be chairperson or deputy chairperson of the Board 24 under this Act as if they were elected under this Act until the 25 expiry of the term for which they were elected as chairperson or 26 deputy chairperson. 27 (4) However -- 28 (a) section 41(3) applies to the chairperson or deputy 29 chairperson; and 30 (b) the period the member served as chairperson or deputy 31 chairperson of the Legal Practice Board under the old page 145 Legal Profession Uniform Law Application Bill 2020 Part 16 Transitional provisions Division 3 Local regulatory bodies s. 267 1 Act is taken, on and from commencement day, to be a 2 period of service as chairperson or deputy chairperson of 3 the Board under this Act; and 4 (c) the member's position is otherwise subject to this Act. 5 267. Complaints Committee continues as Legal Services and 6 Complaints Committee under this Act 7 The Legal Services and Complaints Committee established 8 under this Act is the same entity as, and a continuation of, the 9 Complaints Committee. 10 268. Members of Complaints Committee 11 (1) A person who was a member of the Complaints Committee 12 under the old Act immediately before commencement day 13 continues on and after that day to be a Legal Services and 14 Complaints Committee member under this Act until the expiry 15 of the term for which the member was appointed. 16 (2) If the member of the Complaints Committee was not a 17 representative of the community -- 18 (a) the member is taken, on and from commencement day, 19 to be a legal member under this Act; and 20 (b) the period the member served as a member of the 21 Complaints Committee is taken, on and from 22 commencement day, to be a period of service as a legal 23 member under this Act; and 24 (c) if, before commencement day, the member served as a 25 member of the Complaints Committee for 5 or more 26 years, the member's term ends on the earlier of the 27 following -- 28 (i) a day determined by the Attorney General; 29 (ii) the day that is 1 year after commencement day; 30 and page 146 Legal Profession Uniform Law Application Bill 2020 Transitional provisions Part 16 Local regulatory bodies Division 3 s. 269 1 (d) if, before commencement day, the member served as a 2 member of the Complaints Committee for less than 3 5 years, the member's term ends on the day that is 4 6 years after the day on which the member was 5 appointed as a member of the Complaints Committee. 6 (3) If the member of the Complaints Committee was a 7 representative of the community -- 8 (a) the member is taken, on and from commencement day, 9 to be a community representative under this Act; and 10 (b) section 63 applies to the member's appointment; and 11 (c) the period the member served as a member of the 12 Complaints Committee is taken, on and from 13 commencement day, to be a period of service as a 14 community representative under this Act. 15 269. Continuation of other Legal Practice Board committees 16 (1) A committee of the Legal Practice Board appointed under 17 section 552(1) of the old Act and operating immediately before 18 commencement day is taken on and after that day to be a 19 committee appointed under section 52(2). 20 (2) A Board member who was, immediately before commencement 21 day, a member of a committee appointed under section 552(1) 22 of the old Act continues on and after that day as a member of 23 the committee as continued under subsection (1), subject to this 24 Act or the expiry of the member's term. 25 270. Continuation of Law Complaints Officer 26 (1) The person who occupied the office of Law Complaints Officer 27 under the old Act immediately before commencement day is 28 taken, on and from commencement day, to be appointed to the 29 office of Legal Services and Complaints Officer under 30 section 78(2) until the expiry of the term for which the person 31 was appointed. page 147 Legal Profession Uniform Law Application Bill 2020 Part 16 Transitional provisions Division 3 Local regulatory bodies s. 271 1 (2) For the purposes of subsection (1) -- 2 (a) the person who occupied the office of Law Complaints 3 Officer under the old Act holds office for a term of not 4 more than 5 years specified in the instrument of 5 appointment; and 6 (b) the period the person occupied the office of Law 7 Complaints Officer under the old Act is taken, on and 8 from commencement day, to be a period of service as 9 the Legal Services and Complaints Officer under this 10 Act; and 11 (c) the person is eligible for reappointment; and 12 (d) the person's appointment is otherwise subject to this 13 Act. 14 271. Continuation and membership of Legal Costs Committee 15 (1) The Legal Costs Committee established under this Act is the 16 same entity as, and a continuation of, the Legal Costs 17 Committee established under section 310(1) of the old Act. 18 (2) A person who was a Legal Costs Committee member under the 19 old Act immediately before commencement day continues on 20 and from that day to be a Legal Costs Committee member under 21 this Act, subject to this Act or the expiry of the term for which 22 the member was appointed. 23 272. Continuation of Legal Costs Committee Account 24 The Legal Costs Committee Account established under 25 section 323(2) of the old Act -- 26 (a) is taken to be the Legal Costs Committee Account 27 established under section 97(3); and 28 (b) continues under this Act as the Legal Costs Committee 29 Account. page 148 Legal Profession Uniform Law Application Bill 2020 Transitional provisions Part 16 Admission Division 4 s. 273 1 273. Continuation and membership of Legal Contribution Trust 2 (1) The Legal Contribution Trust established under this Act is the 3 same entity as, and a continuation of, the Trust established 4 under section 391(1) of the old Act. 5 (2) The rights and liabilities of or in relation to the Trust established 6 under the old Act continue as rights and liabilities of or in 7 relation to the Legal Contribution Trust established under this 8 Act. 9 (3) A person who was a trustee of the Trust under the old Act 10 immediately before commencement day continues on and from 11 that day to be a trustee of the Legal Contribution Trust under 12 this Act, subject to sections 104(2) and 107. 13 Division 4 -- Admission 14 274. Admission applications under old Act taken to be admission 15 applications under this Act 16 (1) This section applies if -- 17 (a) a person applied to the Supreme Court (full bench) to be 18 admitted to the legal profession under section 25(1) of 19 the old Act; and 20 (b) the application was not decided under the old Act before 21 commencement day. 22 (2) The application is taken, on and from commencement day, to be 23 an application under section 112 for admission under the Legal 24 Profession Uniform Law (WA) section 16 made in accordance 25 with -- 26 (a) the local regulations; and 27 (b) the Supreme Court's rules of court; and 28 (c) a practice direction of the Supreme Court. page 149 Legal Profession Uniform Law Application Bill 2020 Part 16 Transitional provisions Division 4 Admission s. 275 1 275. Notice of objection to admission under old Act taken to be 2 objection under Uniform Law 3 A notice under section 27 of the old Act lodged in relation to the 4 admission of a person under the old Act whose application for 5 admission was not decided under the old Act before 6 commencement day is taken, on and from commencement day, 7 to be an objection to the admission of the person made in 8 accordance with the applicable rules of court under the Legal 9 Profession Uniform Law (WA) section 16(3). 10 276. Status of academic qualifications obtained under old Act for 11 Uniform Law s. 17 12 If a person obtained approved academic qualifications or 13 corresponding academic qualifications (as those terms were 14 defined in section 21(1) of the old Act) before commencement 15 day, the person is taken, on and from commencement day, to 16 have attained the academic qualifications referred to in the 17 Legal Profession Uniform Law (WA) section 17(1)(a). 18 277. Status of approved practical legal training requirements 19 under old Act for Uniform Law s. 17 20 (1) In this section -- 21 corresponding PLT requirements means corresponding 22 practical legal training requirements as defined in section 21(1) 23 of the old Act; 24 PLT requirements means the approved practical legal training 25 requirements as defined in section 21(1) of the old Act. 26 (2) If a person has satisfactorily completed the PLT requirements or 27 corresponding PLT requirements before commencement day, 28 the person is taken, on and from commencement day, to have 29 satisfactorily completed the practical legal training requirements 30 referred to in the Legal Profession Uniform Law (WA) 31 section 17(1)(b). page 150 Legal Profession Uniform Law Application Bill 2020 Transitional provisions Part 16 Admission Division 4 s. 278 1 (3) Subsection (4) applies if a person -- 2 (a) has partially completed PLT requirements or 3 corresponding PLT requirements before commencement 4 day; and 5 (b) the person satisfactorily completes those requirements 6 within the period of 12 months beginning on 7 commencement day. 8 (4) The person is taken, from when the person completes the 9 requirements, to have completed the practical legal training 10 requirements referred to in the Legal Profession Uniform Law 11 (WA) section 17(1)(b). 12 278. Application for early consideration of suitability continues 13 under Uniform Law 14 If a relevant person (as defined in section 23(1) of the old Act) 15 applied for a declaration under section 23(2) of the old Act and 16 the Legal Practice Board has not, before commencement day, 17 made or refused to make the declaration, the application is 18 taken, on and from commencement day, to be an application for 19 a declaration under the Legal Profession Uniform Law (WA) 20 section 21(1). 21 279. Decision of Legal Practice Board or State Administrative 22 Tribunal about suitability continues under Uniform Law 23 (1) A decision of the Legal Practice Board made under 24 section 23(3) of the old Act before commencement day 25 continues, on and from commencement day, as if it were a 26 decision of the Board made under the Legal Profession Uniform 27 Law (WA) section 21(2). 28 (2) If the Legal Practice Board's decision under section 23(3) of the 29 old Act was made during the 6-month period before 30 commencement day, the Legal Profession Uniform Law (WA) 31 section 27 applies to the decision to the extent that an appeal 32 could be sought under that provision. page 151 Legal Profession Uniform Law Application Bill 2020 Part 16 Transitional provisions Division 4 Admission s. 280 1 (3) The Legal Profession Uniform Law (WA) applies to a decision 2 of the State Administrative Tribunal on a matter referred under 3 section 24(1) of the old Act as if the decision were a decision of 4 the Supreme Court under section 27(2) of the Law. 5 280. Compliance certificate under old Act taken to be issued 6 under Uniform Law 7 A compliance certificate filed by the Legal Practice Board under 8 section 31(1) of the old Act before commencement day is taken, 9 on and from commencement day, to be a compliance certificate 10 issued and provided to the Supreme Court under the Legal 11 Profession Uniform Law (WA) section 19(3). 12 281. Applications to State Administrative Tribunal under old Act 13 may be decided by Tribunal or Supreme Court 14 (1) In this section -- 15 compliance certificate review means a review under 16 section 31(3) of the old Act by the State Administrative 17 Tribunal of a decision to refuse to give a person a compliance 18 certificate; 19 early suitability matter means -- 20 (a) a review under section 23(6) of the old Act of the Legal 21 Practice Board's decision made before commencement 22 day to refuse to make a declaration; or 23 (b) a matter referred to the State Administrative Tribunal 24 under section 24 of the old Act; 25 relevant provision of the Legal Profession Uniform Law (WA) 26 means -- 27 (a) in relation to an early suitability matter -- section 27 of 28 the Law; or 29 (b) in relation to a compliance certificate review -- 30 section 26 of the Law; 31 Tribunal matter means an early suitability matter or a 32 compliance certificate review. page 152 Legal Profession Uniform Law Application Bill 2020 Transitional provisions Part 16 Admission Division 4 s. 281 1 (2) If the State Administrative Tribunal has not made a final 2 decision about a Tribunal matter before commencement day, the 3 Tribunal may decide, having regard to what is appropriate in the 4 circumstances of the case -- 5 (a) to deal with the matter under the old Act as if it had not 6 been repealed; or 7 (b) that the matter should be dealt with by the Supreme 8 Court under the relevant provision of the Legal 9 Profession Uniform Law (WA). 10 (3) If the State Administrative Tribunal decides to deal with a 11 Tribunal matter under the old Act -- 12 (a) the matter may be decided under the old Act as if it had 13 not been repealed; and 14 (b) the Legal Profession Uniform Law (WA) applies to the 15 Tribunal's decision on the matter as if it were a decision 16 made by the Supreme Court under the relevant provision 17 of the Law. 18 (4) If the State Administrative Tribunal decides that a compliance 19 certificate review should be dealt with by the Supreme Court -- 20 (a) the application for a compliance certificate review is 21 taken, on and from commencement day, to be an appeal 22 against a decision to refuse to issue a compliance 23 certificate under the Legal Profession Uniform Law 24 (WA) section 26; and 25 (b) the Supreme Court may make an order on the appeal 26 under the Legal Profession Uniform Law (WA) 27 section 26(4). 28 (5) If the State Administrative Tribunal decides that an early 29 suitability matter should be dealt with by the Supreme Court -- 30 (a) the decision of the Legal Practice Board to refuse to 31 make a declaration under section 23(3) of the old Act is 32 taken, on and from commencement day, to be a decision 33 to refuse to make a declaration of early assessment of page 153 Legal Profession Uniform Law Application Bill 2020 Part 16 Transitional provisions Division 5 Practitioners s. 282 1 suitability for a compliance certificate under the Legal 2 Profession Uniform Law (WA) section 21; and 3 (b) the Supreme Court may make an order under the Legal 4 Profession Uniform Law (WA) section 27(2) as if the 5 relevant person applying for a declaration were a person 6 who appealed a decision to refuse a declaration under 7 section 27(1) of the Law. 8 Division 5 -- Practitioners 9 282. Government lawyers taken to hold Australian practising 10 certificates under Uniform Law for particular period 11 (1) This section applies to a WA government lawyer within the 12 meaning of section 36(1) of the old Act engaged before 13 commencement day in government work within the meaning of 14 section 36(2) of the old Act and who does not, immediately 15 before commencement day, hold an Australian practising 16 certificate under the old Act. 17 (2) The WA government lawyer is taken to hold a current 18 Australian practising certificate issued under the Legal 19 Profession Uniform Law (WA) authorising the holder to engage 20 in legal practice as a government legal practitioner for the 21 period beginning on commencement day and ending on the 22 earlier of the following -- 23 (a) if local regulations are made under section 126 24 exempting WA government lawyers from the 25 requirement to hold Australian practising certificates in 26 respect of their official functions as government 27 lawyers -- the day on which the regulations come into 28 operation; 29 (b) the day a person's current Australian practising 30 certificate issued under the Law comes into operation; 31 (c) the expiry of the period of 6 months beginning on 32 commencement day. page 154 Legal Profession Uniform Law Application Bill 2020 Transitional provisions Part 16 Practitioners Division 5 s. 283 1 283. Persons engaging in exempt work taken to have Australian 2 practising certificates under Uniform Law for particular 3 period 4 (1) In this section -- 5 community legal centre means a not-for-profit body, 1 of the 6 main functions of which is the delivery of free or substantially 7 subsidised legal services to a disadvantaged section of the 8 community or community legal education; 9 exempt work means -- 10 (a) legal practice done under the supervision of an 11 Australian legal practitioner as a paid employee of -- 12 (i) the Legal Aid Commission; or 13 (ii) a community legal centre; or 14 (iii) the Aboriginal Legal Service of Western 15 Australia Limited; or 16 (iv) a corporation other than an incorporated legal 17 practice (as defined in section 3 of the old Act); 18 or 19 (b) legal practice that is legislative drafting work that is 20 done by an Australian lawyer under -- 21 (i) a contract for services with the State; and 22 (ii) the direction of the Parliamentary Counsel; 23 or 24 (c) legal work that is done by an Australian lawyer under -- 25 (i) a contract for services with the State; and 26 (ii) the direction of the State Solicitor. 27 (2) This section applies to a person engaging in exempt work, who 28 is an Australian lawyer and who does not, immediately before 29 commencement day, hold an Australian practising certificate 30 under the old Act. page 155 Legal Profession Uniform Law Application Bill 2020 Part 16 Transitional provisions Division 5 Practitioners s. 284 1 (3) The person is taken to have a current Australian practising 2 certificate issued under the Legal Profession Uniform Law (WA) 3 authorising the holder to engage in legal practice that is exempt 4 work for the period beginning on commencement day and 5 ending on the earlier of the following -- 6 (a) the day on which a person's current Australian 7 practising certificate issued under the Law comes into 8 operation; 9 (b) the expiry of the period of 6 months beginning on 10 commencement day. 11 284. Continuing professional development 12 (1) In this section -- 13 CPD period means a period beginning on 1 April and ending on 14 31 March; 15 CPD point means -- 16 (a) a CPD point earned in accordance with the Legal 17 Profession Rules 2009 rule 9 as in force immediately 18 before commencement day; and 19 (b) a CPD point earned before commencement day under an 20 approved CPD arrangement as defined in the Legal 21 Profession Regulations 2009 regulation 12(1) as in force 22 immediately before commencement day; 23 CPD year has the meaning given in the Continuing Professional 24 Development Rules. 25 (2) If a person earned a CPD point before commencement day in 26 the CPD period in which the old Act is repealed, the CPD point 27 earned by the person is taken, on and from commencement day, 28 to have been earned under the Continuing Professional 29 Development Rules for the CPD year in which the old Act is 30 repealed. page 156 Legal Profession Uniform Law Application Bill 2020 Transitional provisions Part 16 Practitioners Division 5 s. 285 1 285. Persons approved as QA providers under former Legal 2 Profession Rules 2009 taken to be accredited under s. 124 3 If, immediately before commencement day, an approval of a 4 person, body or group of persons as a QA provider is in effect 5 under the Legal Profession Rules 2009 rule 14(2) as in force 6 immediately before commencement day, the approval is taken 7 to be an accreditation under section 124 until the expiry of the 8 period of approval given under those rules. 9 286. Approvals of law courses and legal training courses 10 continued 11 (1) In this section -- 12 LTC approval means an approval of a legal training course 13 under the Legal Profession (Admission) Rules 2009 rule 8(1) as 14 in force immediately before commencement day. 15 (2) If academic qualifications were approved under the Legal 16 Profession (Admission) Rules 2009 as in force immediately 17 before commencement day, the qualifications are taken, on and 18 from commencement day, under the Legal Profession Uniform 19 Law (WA) section 29 to be a law course accredited in 20 accordance with the Admission Rules. 21 (3) If an LTC approval is in force in relation to a legal training 22 course immediately before commencement day, the holder of 23 the LTC approval is, on and from commencement day, taken to 24 be accredited under the Legal Profession Uniform Law (WA) 25 section 29 in accordance with the Admission Rules to provide 26 practical legal training in the form of the legal training course. 27 (4) An accreditation under subsection (2) or (3) is subject to 28 amendment or revocation under the Legal Profession Uniform 29 Law (WA) or the Admission Rules. page 157 Legal Profession Uniform Law Application Bill 2020 Part 16 Transitional provisions Division 5 Practitioners s. 287 1 287. Experience acquired before commencement day taken to be 2 supervised legal practice under Uniform Law s. 49 3 A person who engaged in a period of supervised legal practice 4 (as defined in section 3 of the old Act) before commencement 5 day is taken, on and from commencement day, to have 6 completed the same period of supervised legal practice for the 7 purposes of the Legal Profession Uniform Law (WA) 8 section 49(1). 9 288. Exemption or reduction of requirement to engage in 10 restricted legal practice continues under Uniform Law 11 (1) In this section -- 12 required experience has the meaning given in section 50(1) of 13 the old Act; 14 restricted legal practice has the meaning given in section 50(1) 15 of the old Act; 16 supervision period means a period or periods in which a holder 17 of an Australian practising certificate must engage in supervised 18 legal practice only under the Legal Profession Uniform Law 19 (WA) section 49(1). 20 (2) If the Legal Practice Board exempted a person or class of 21 persons from the requirement to engage in restricted legal 22 practice only under section 50(7) of the old Act and the 23 exemption is in effect immediately before commencement 24 day -- 25 (a) the exemption is taken to be an exemption from the 26 statutory condition to engage in supervised legal 27 practice only under the Legal Profession Uniform Law 28 (WA) section 49(4)(a); and 29 (b) if the exemption is subject to conditions under 30 section 50(8) of the old Act -- the exemption is taken to 31 be subject to those conditions as if they were imposed 32 under the Legal Profession Uniform Law (WA) 33 section 49(5). page 158 Legal Profession Uniform Law Application Bill 2020 Transitional provisions Part 16 Practitioners Division 5 s. 289 1 (3) If the Legal Practice Board reduced the required experience for 2 a person or class of persons under section 50(7) of the old Act 3 and the reduction is in effect immediately before 4 commencement day, the reduction is taken to be a reduction of 5 the supervision period under the Legal Profession Uniform Law 6 (WA) section 49(4)(b). 7 289. Order made under s. 77 of old Act continued 8 If, before commencement day, the State Administrative 9 Tribunal made an order under section 77 of the old Act that an 10 Australian lawyer not contravene a condition imposed under 11 Part 5 of the old Act -- 12 (a) the order continues in effect on its terms on and from 13 commencement day; and 14 (b) while the order is in effect, a failure to comply with the 15 order is taken, on and from commencement day, to be a 16 failure of the Australian lawyer to comply with a 17 condition of an Australian practising certificate under 18 the Legal Profession Uniform Law (WA) section 54. 19 290. State Administrative Tribunal to decide how review of 20 particular Legal Practice Board decisions about practising 21 certificates to be dealt with 22 (1) In this section -- 23 reviewable decision means a decision of the Legal Practice 24 Board made before commencement day -- 25 (a) to refuse to grant or renew a local practising certificate 26 under section 45(1) or 63(1) of the old Act; or 27 (b) to amend, suspend or cancel a local practising certificate 28 under section 56(3) or 63(1) of the old Act; or 29 (c) to refuse a request to amend a local practising certificate 30 under section 59(1) of the old Act; or page 159 Legal Profession Uniform Law Application Bill 2020 Part 16 Transitional provisions Division 5 Practitioners s. 290 1 (d) that a person is not entitled to apply for the grant of a 2 local practising certificate for a specified period under 3 section 64(2) of the old Act. 4 (2) If an application for a review of a reviewable decision was made 5 before commencement day to the State Administrative Tribunal 6 under section 78 of the old Act and the Tribunal has not made a 7 final decision on the application before commencement day, the 8 Tribunal may decide, having regard to what is appropriate in the 9 circumstances of the case -- 10 (a) to continue to deal with the matter under section 78 of 11 the old Act as if it had not been repealed; or 12 (b) to deal with the matter under the Legal Profession 13 Uniform Law (WA) section 100 as if the reviewable 14 decision were a decision to which section 100(1) of the 15 Law applies. 16 (3) Subsection (4) applies if -- 17 (a) before commencement day, a person has not applied for 18 a review of a reviewable decision made before 19 commencement day; and 20 (b) immediately before commencement day, the person was 21 not precluded from seeking a review under the old Act 22 for any reason (including, for example, that the time 23 limit for making the application has expired). 24 (4) The reviewable decision is taken, on and from commencement 25 day, to be a decision referred to in the Legal Profession Uniform 26 Law (WA) section 100(1). page 160 Legal Profession Uniform Law Application Bill 2020 Transitional provisions Part 16 Practitioners Division 5 s. 291 1 291. Reviews of particular Legal Practice Board decisions about 2 registration certificates 3 (1) In this section -- 4 reviewable decision means a decision of the Legal Practice 5 Board made before commencement day to -- 6 (a) refuse to grant or renew registration under 7 section 170(1), 172(2) or 181(1) of the old Act; or 8 (b) impose a condition on registration under section 189(1) 9 of the old Act; or 10 (c) amend, suspend or cancel registration under 11 section 175(3) or 181(1) of the old Act; or 12 (d) suspend registration under section 184(2) of the old Act; 13 or 14 (e) determine under section 182(1) of the old Act that a 15 person is not entitled to apply for registration for a 16 specified period. 17 (2) If an application for a review of a reviewable decision was made 18 before commencement day to the State Administrative Tribunal 19 under section 203 of the old Act and the Tribunal has not made 20 a final decision on the application before commencement day, 21 the Tribunal may decide, having regard to what is appropriate in 22 the circumstances of the case, to -- 23 (a) continue to deal with the matter under section 203 of the 24 old Act as if it had not been repealed; or 25 (b) deal with the matter under the Legal Profession Uniform 26 Law (WA) section 101 as if the reviewable decision were 27 a decision to which section 101(1) of the Law applies. page 161 Legal Profession Uniform Law Application Bill 2020 Part 16 Transitional provisions Division 6 Trust accounts s. 292 1 Division 6 -- Trust accounts 2 292. Interest earned on trust account prior to commencement 3 (1) In this section -- 4 agreed rate, in relation to a relevant trust account, means the 5 rate of interest payable on the money in the trust account 6 immediately before commencement day as agreed between the 7 ADI and the Legal Contribution Trust; 8 pre-commencement period, in relation to a relevant trust 9 account, means the period -- 10 (a) beginning on -- 11 (i) the day after the last day of the most recent 12 period for which interest was paid under 13 section 387 of the old Act in respect of the trust 14 account; or 15 (ii) if interest was not paid in respect of the trust 16 account under section 387 of the old Act before 17 commencement day -- the day on which the 18 trust account was opened; 19 and 20 (b) ending on the day before commencement day; 21 relevant trust account means a trust account maintained by a 22 law practice with an ADI immediately before commencement 23 day. 24 (2) An ADI must pay 51% of the interest earned on the money in a 25 relevant trust account during the pre-commencement period at 26 the agreed rate to the Legal Contribution Trust within 27 10 working days after the last day of the pre-commencement 28 period. 29 Penalty for this subsection: a fine of $5 000. 30 (3) Subsection (2) does not apply in respect of a relevant trust 31 account if the sum of the balances of all trust accounts page 162 Legal Profession Uniform Law Application Bill 2020 Transitional provisions Part 16 Trust accounts Division 6 s. 293 1 maintained by the law practice with the ADI was less than $500 2 at any time during the pre-commencement period. 3 293. Legal Contribution Trust and ADI taken to have entered 4 into arrangement with nominated trust authority 5 (1) An ADI with which a trust account is maintained immediately 6 before commencement day is taken, on and from 7 commencement day, to have entered into a trust account 8 arrangement on the following terms -- 9 (a) the rate of interest payable on the money in trust 10 accounts maintained with the ADI is the rate payable 11 under section 387(4) of the old Act immediately before 12 commencement day; 13 (b) the ADI must pay 51% of the interest earned each month 14 on the money in trust accounts maintained with the ADI 15 to the Legal Contribution Trust within 10 working days 16 after the end of the month. 17 (2) The arrangement taken to have been entered into under 18 subsection (1) continues until a trust account arrangement is 19 agreed to by the ADI and the Legal Contribution Trust that is in 20 accordance with section 198. 21 294. Investigator under old Act taken to be appointed as external 22 investigator under Uniform Law 23 (1) A person who, immediately before commencement day, is an 24 investigator appointed under section 230(1) of the old Act is 25 taken, on and from commencement day, to be an external 26 investigator appointed under the Legal Profession Uniform Law 27 (WA) section 162(1). 28 (2) The person's instrument of appointment as an investigator under 29 the old Act is taken, on and from commencement day, to be the 30 instrument of appointment as an external investigator under the 31 Legal Profession Uniform Law (WA) section 162(1). page 163 Legal Profession Uniform Law Application Bill 2020 Part 16 Transitional provisions Division 6 Trust accounts s. 295 1 (3) The person's appointment as an external investigator is subject 2 to amendment or revocation under the Legal Profession 3 Uniform Law (WA). 4 295. Current investigations and external examinations under 5 Pt. 9 of old Act to be dealt with under old Act 6 (1) If an investigation has commenced under section 231 of the old 7 Act and has not been completed before commencement day, the 8 investigation may be completed under Parts 9 and 15 of the old 9 Act as if those Parts had not been repealed. 10 (2) If an external examination has commenced under section 237, 11 238 or 239 of the old Act and has not been completed before 12 commencement day, the external examination may be continued 13 under Parts 9 and 15 of the old Act as if those Parts had not 14 been repealed. 15 296. External investigations of actions before commencement day 16 (1) In this section -- 17 trust account matter means a matter relating to -- 18 (a) trust money or trust property received by a law practice 19 before commencement day; or 20 (b) a trust account maintained by a law practice before 21 commencement day. 22 (2) An external investigation may be carried out under the Legal 23 Profession Uniform Law (WA) Part 4.2 Division 4 in relation to 24 a trust account matter if the trust account matter -- 25 (a) could be investigated immediately before 26 commencement day under Part 9 of the old Act; and 27 (b) has not been the subject of an investigation under the old 28 Act or an investigation continued under section 295. page 164 Legal Profession Uniform Law Application Bill 2020 Transitional provisions Part 16 Legal costs Division 7 s. 297 1 Division 7 -- Legal costs 2 297. Continuation of legal costs determinations 3 (1) In this section -- 4 LPA determination means a legal costs determination made 5 under section 275(1) of the old Act. 6 (2) An LPA determination is taken, on and from commencement 7 day, to be a legal costs determination made under 8 section 132(1). 9 (3) For the purposes of section 136(1), an LPA determination is 10 taken to be made on the day on which it was made under the old 11 Act. 12 Division 8 -- Professional indemnity insurance 13 298. Continuation and membership of PII management 14 committee 15 If the Law Society established a PII management committee (an 16 LPA Committee) under section 331(1) of the old Act and the 17 committee was in existence immediately before commencement 18 day -- 19 (a) the Law Society is taken, on and from commencement 20 day, to have established a PII management committee 21 under section 182; and 22 (b) the PII management committee is the same entity as, and 23 a continuation of, the LPA Committee; and 24 (c) a person who was a member of the LPA Committee 25 immediately before commencement day continues on 26 and from that day to be a PII management committee 27 member under this Act. page 165 Legal Profession Uniform Law Application Bill 2020 Part 16 Transitional provisions Division 8 Professional indemnity insurance s. 299 1 299. Continuation of PII arrangement and certificates of 2 insurance under PII regulations 3 (1) In this section -- 4 transitioned PII entity means a law practice as defined in 5 section 3(1) of the old Act that is a PII entity as defined in 6 section 151(1); 7 transition year means the financial year that includes 8 commencement day. 9 (2) A PII arrangement that is in force immediately before 10 commencement day made by the Law Society under the PII 11 regulations is taken, on and from commencement day, to be a 12 PII arrangement under section 154. 13 (3) If a certificate of insurance was issued to a transitioned PII 14 entity under the PII regulations before commencement day in 15 relation to the whole of the transition year -- 16 (a) the transitioned PII entity is taken on commencement 17 day to have been granted arrangement insurance under 18 section 156(4) for the transition year; and 19 (b) the certificate of insurance is taken to have been given 20 under section 156(5) for the transition year. 21 (4) If a certificate of insurance was issued to a transitioned PII 22 entity under the PII regulations before commencement day in 23 relation to a part of the transition year -- 24 (a) the transitioned PII entity is taken on commencement 25 day to have been granted arrangement insurance under 26 section 157(2) for the part of the transition year to which 27 the certificate relates; and 28 (b) the certificate of insurance is taken to have been given 29 under section 157(3) for the part of the transition year to 30 which the certificate relates. 31 (5) If a certificate of insurance was issued to a transitioned PII 32 entity under the PII regulations before commencement day in page 166 Legal Profession Uniform Law Application Bill 2020 Transitional provisions Part 16 Professional indemnity insurance Division 8 s. 300 1 relation to a part of the transition year that does not include all 2 of the period between commencement day and the end of the 3 transition year, the transitioned PII entity may apply for 4 arrangement insurance for the remainder of the financial year 5 under section 157(1). 6 300. Annual contribution under old Act taken to be contribution 7 under this Act 8 (1) This section applies if -- 9 (a) a law practice paid an amount before commencement 10 day required as an annual contribution under the PII 11 regulations in relation to a PII arrangement in relation to 12 a financial year; and 13 (b) commencement day is in the financial year. 14 (2) The amount paid by the law practice under the PII regulations 15 before commencement day is taken, on and from 16 commencement day, to be an amount paid under this Act in 17 relation to the PII arrangement under section 154 for the 18 financial year that ends on the same day as the financial year in 19 relation to which the amount was paid under the PII regulations. 20 301. Policy of professional indemnity insurance approved by Bar 21 Association taken to be Bar-approved policy 22 A policy of professional indemnity insurance approved by 23 resolution of the Council of the Western Australian Bar 24 Association that is in force immediately before commencement 25 day is taken, on and from commencement day, to be a 26 Bar-approved policy under section 159(1). 27 302. Professional indemnity insurance scheme under old Act 28 taken to be PII scheme 29 (1) This section applies if -- 30 (a) the Law Society approved a scheme providing 31 professional indemnity insurance under the PII 32 regulations; and page 167 Legal Profession Uniform Law Application Bill 2020 Part 16 Transitional provisions Division 8 Professional indemnity insurance s. 303 1 (b) the approval is in force immediately before 2 commencement day. 3 (2) The approved scheme is taken, on and from commencement 4 day, to be a PII scheme approved under the local regulations 5 made under section 160. 6 303. Method of assessment of annual contribution under old Act 7 taken to be method of assessment determined under this Act 8 If the Law Society determined a method of assessment of 9 annual contributions of law practices for the purposes of the PII 10 arrangement under the PII regulations and the method was in 11 effect immediately before commencement day, the method is 12 taken, on and from commencement day, to be the method of 13 assessment of annual contributions of PII entities determined 14 under section 162(2) until the Law Society determines another 15 method under that section. 16 304. Review of or appeal against annual contribution continued 17 under this Act 18 (1) If a law practice has applied for a review under the PII 19 regulations of an assessment of its annual contribution for the 20 purposes of the PII arrangement under the PII regulations and 21 the review has not been decided before commencement day, the 22 review is taken, on and from commencement day, to have been 23 applied for under section 163(1). 24 (2) If a law practice has appealed under the PII regulations against a 25 review of an assessment of its annual contribution under the PII 26 regulations and the appeal has not been decided before 27 commencement day, the appeal is taken, on and from 28 commencement day, to have been made under section 164(1). page 168 Legal Profession Uniform Law Application Bill 2020 Transitional provisions Part 16 Professional indemnity insurance Division 8 s. 305 1 (3) If a person has been nominated by the Attorney General as a 2 person to whom a law practice may appeal an assessment of the 3 law practice's annual contribution under the PII regulations and 4 the person's nomination is in effect immediately before 5 commencement day -- 6 (a) the person is taken to be nominated under 7 section 164(1); and 8 (b) the person's nomination is on the same terms as the 9 person's nomination under the PII regulations. 10 305. Legal Practice Board taken to have granted exemption from 11 requirement to obtain professional indemnity insurance 12 continued in particular cases 13 (1) This section applies if -- 14 (a) a person was exempt under the PII regulations from the 15 requirement to obtain or maintain professional 16 indemnity insurance under the PII regulations before 17 commencement day -- 18 (i) in relation to particular work or duties carried out 19 by the person; or 20 (ii) because the person did not do particular work or 21 carry out particular duties; 22 and 23 (b) on and after commencement day, the person will 24 continue to do, or not do, that work or those duties; and 25 (c) the basis of the exemption under the PII regulations is 26 substantially the same as an exemption a person may 27 apply to the Board for under the Legal Profession 28 Uniform Law (WA) section 215(2), (4) or (6) or under 29 the Uniform Rules (WA) made under section 215(8) of 30 the Law. 31 (2) The Board is taken to have granted the person an exemption 32 from the requirement to hold or be covered by an approved 33 insurance policy as defined in section 152 under the relevant page 169 Legal Profession Uniform Law Application Bill 2020 Part 16 Transitional provisions Division 9 Fidelity cover s. 306 1 provision of the Legal Profession Uniform Law (WA) 2 section 215 or under the Uniform Rules (WA) made under 3 section 215(8) of the Law in relation to the work or duties -- 4 (a) on and from commencement day until the earlier of the 5 following -- 6 (i) the day on which the Board gives the person a 7 certificate of exemption under section 173(2) 8 or 174(3); 9 (ii) the 30 June following commencement day; 10 and 11 (b) otherwise on the same terms as the exemption under the 12 PII regulations. 13 306. Insurance taken out under previous legislation continues 14 (1) Insurance taken out and maintained in accordance with an 15 arrangement made under the Legal Practitioners (Professional 16 Indemnity Insurance) Regulations 1988 continues to have effect 17 with respect to any matter or thing occurring before 1 July 1995. 18 (2) Insurance taken out and maintained in accordance with 19 arrangements made under the Legal Practice (Professional 20 Indemnity Insurance) Regulations 1995 continues to have effect 21 with respect to any matter or thing occurring before 1 July 2009. 22 (3) Insurance taken out and maintained in accordance with 23 arrangements made under the PII regulations continues to have 24 effect with respect to any matter or thing occurring before 25 commencement day. 26 Division 9 -- Fidelity cover 27 307. Solicitors' Guarantee Fund continued 28 The Guarantee Fund is a continuation of the Solicitors' 29 Guarantee Fund established under section 336(1) of the old Act. page 170 Legal Profession Uniform Law Application Bill 2020 Transitional provisions Part 16 Fidelity cover Division 9 s. 308 1 308. Continuation of Attorney General's approvals of 2 investments under s. 342 of old Act 3 If, immediately before commencement day, the Attorney 4 General's approval of an investment of a portion of the 5 Solicitors' Guarantee Fund under section 342(1) of the old Act 6 was in effect, the approval is taken, on and from 7 commencement day, to be an approval under section 195(1). 8 309. Contributions to Solicitors' Guarantee Fund 9 (1) This section applies to a person who -- 10 (a) before commencement day, paid an amount to the Legal 11 Practice Board for application to the Solicitors' 12 Guarantee Fund under section 337(1) of the old Act for 13 a financial year; and 14 (b) must pay an annual contribution under the Legal 15 Profession Uniform Law (WA) section 225(1) for that 16 financial year. 17 (2) The amount paid by the person under section 337(1) of the old 18 Act is taken, on and from commencement day, to be an amount 19 paid for the purposes of the Legal Profession Uniform Law 20 (WA) section 225(1) for that financial year. 21 310. Agreed amount under s. 388 of old Act taken to be agreed 22 amount for s. 199 23 If, immediately before commencement day, there was an 24 amount determined under section 388(3)(b) of the old Act, that 25 amount is taken, on and from commencement day, to be the 26 amount agreed by the Attorney General and the Law Society 27 under paragraph (b) of the definition of agreed amount in 28 section 199(1). page 171 Legal Profession Uniform Law Application Bill 2020 Part 16 Transitional provisions Division 10 Complaints and discipline s. 311 1 Division 10 -- Complaints and discipline 2 311. Investigations not finalised before commencement day to be 3 dealt with under old Act 4 (1) This section applies to any of the following matters under the 5 old Act that were not completed before commencement day -- 6 (a) a complaint or inquiry being dealt with by the 7 Complaints Committee under the old Act because of 8 section 621 of that Act; 9 (b) a complaint being dealt with by the Complaints 10 Committee under Part 13 of the old Act; 11 (c) an investigation by the Complaints Committee under 12 section 421 of the old Act. 13 (2) Unless the local regulations provide that another person is to 14 deal with the matter, the Legal Services and Complaints 15 Committee may deal with the matter under the provisions of the 16 old Act dealing with the matter, including provisions necessary 17 to give effect to those provisions, as if -- 18 (a) those provisions had not been repealed; and 19 (b) a reference to the Complaints Committee in those 20 provisions were a reference to the Legal Services and 21 Complaints Committee. 22 (3) If the local regulations provide that another person is to deal 23 with the matter -- 24 (a) the person must have regard to the steps taken by the 25 Complaints Committee before the person deals with the 26 matter; and 27 (b) the person must deal with the matter in accordance with 28 the procedure prescribed by the local regulations. page 172 Legal Profession Uniform Law Application Bill 2020 Transitional provisions Part 16 Complaints and discipline Division 10 s. 312 1 312. Audit of incorporated legal practice under old Act continues 2 under Uniform Law 3 (1) This section applies if -- 4 (a) the Legal Practice Board or the Complaints Committee 5 commenced an audit of an incorporated legal practice 6 under section 118 of the old Act before commencement 7 day; and 8 (b) immediately before commencement day, the audit was 9 not completed or had not otherwise ended. 10 (2) The audit is taken to be an audit under the Legal Profession 11 Uniform Law (WA) section 256 and may be continued under 12 that section. 13 313. Pre-commencement conduct may be investigated under 14 Uniform Law 15 (1) This section applies if, before commencement day -- 16 (a) a person to whom Part 13 of the old Act applied 17 engaged, or may have engaged, in -- 18 (i) conduct to which Part 13 of the old Act applied; 19 or 20 (ii) unsatisfactory professional conduct as defined in 21 section 402 of the old Act; or 22 (iii) professional misconduct as defined in 23 section 403(1) of the old Act; 24 and 25 (b) the conduct, or suspected conduct, was not the subject of 26 a complaint or investigation under Part 13 of the old 27 Act; and 28 (c) the conduct, or suspected conduct, could have been the 29 subject of a complaint or investigation under Part 13 of 30 the old Act. page 173 Legal Profession Uniform Law Application Bill 2020 Part 16 Transitional provisions Division 10 Complaints and discipline s. 314 1 (2) The conduct, or suspected conduct, may be the subject of a 2 complaint or investigation under the Legal Profession Uniform 3 Law (WA). 4 314. Review of summary conclusion decision under s. 426 of old 5 Act after commencement day 6 (1) This section applies if, before commencement day -- 7 (a) the Complaints Committee made a decision under 8 section 426(2) of the old Act; and 9 (b) a person aggrieved had not applied for a review of the 10 decision under section 435(1) of the old Act; and 11 (c) the person aggrieved was not precluded from seeking a 12 review under the old Act for any reason including, for 13 example, that the time limit for making the application 14 has expired. 15 (2) The person aggrieved may apply to the State Administrative 16 Tribunal for a review of a decision of the Complaints 17 Committee under the Legal Profession Uniform Law (WA) as if 18 it were a decision under section 290(1) of the Law. 19 315. Current reviews of Complaints Committee's summary 20 conclusion decision under s. 426 of old Act 21 (1) This section applies if, before commencement day -- 22 (a) a person aggrieved by a decision (the Committee 23 decision) of the Complaints Committee under 24 section 426(2) of the old Act made an application for a 25 review of the decision to the State Administrative 26 Tribunal under section 435(1) of the old Act; and 27 (b) the Tribunal has not made a final decision on the 28 application. 29 (2) Section 435 of the old Act applies to the Committee decision as 30 if that section were not repealed. page 174 Legal Profession Uniform Law Application Bill 2020 Transitional provisions Part 16 Complaints and discipline Division 10 s. 316 1 (3) If, under section 435 of the old Act as continued under 2 subsection (2), the State Administrative Tribunal does not 3 affirm the Committee decision -- 4 (a) if the person who sought the review under the old Act is 5 a respondent lawyer, or a legal practitioner associate of a 6 respondent law practice as defined in the Legal 7 Profession Uniform Law (WA) section 6(1) -- the 8 review is taken, on and from commencement day, to be 9 sought under section 314(1) of the Law of a decision 10 referred to in that section; or 11 (b) in any other case -- the Tribunal may make any order it 12 could make on an application under section 435(1) of 13 the old Act. 14 (4) If, under section 435 of the old Act as continued under 15 subsection (2), the State Administrative Tribunal affirms the 16 Committee decision, the decision takes effect as it would as if 17 the Tribunal made the decision under the old Act. 18 316. Review of Complaints Committee's decision to dismiss 19 complaint 20 (1) This section applies if, before commencement day -- 21 (a) the Complaints Committee made a decision to dismiss a 22 complaint under the old Act; and 23 (b) a person aggrieved had not applied for a review of the 24 decision under section 435(1) of the old Act; and 25 (c) the person aggrieved was not precluded from seeking a 26 review under the old Act for any reason including, for 27 example, that the time limit for making the application 28 has ceased. 29 (2) The person aggrieved may apply to the State Administrative 30 Tribunal for a review of the decision of the Complaints 31 Committee under section 317. page 175 Legal Profession Uniform Law Application Bill 2020 Part 16 Transitional provisions Division 10 Complaints and discipline s. 317 1 317. State Administrative Tribunal to deal with review of 2 Complaints Committee's decision to dismiss complaint 3 before commencement day 4 (1) This section applies if -- 5 (a) a person aggrieved by the Complaints Committee's 6 decision to dismiss a complaint under the old Act made 7 an application for a review of the decision -- 8 (i) before commencement day to the State 9 Administrative Tribunal under section 435(1) of 10 the old Act; or 11 (ii) after commencement day under section 316(2); 12 and 13 (b) the Tribunal has not made a final decision before 14 commencement day. 15 (2) Section 435 of the old Act applies to the application for a 16 review of the Complaints Committee's decision as if that 17 section were not repealed. 18 (3) If, under section 435(1) of the old Act as continued under 19 subsection (2), the State Administrative Tribunal sets aside the 20 decision of the Complaints Committee to dismiss the complaint 21 under the old Act -- 22 (a) the complaint is taken, on and from commencement day, 23 to have been made under the Legal Profession Uniform 24 Law (WA) section 266; and 25 (b) the preliminary assessment of the complaint under the 26 Legal Profession Uniform Law (WA) section 276(1) is 27 taken, on and from commencement day, to have been 28 completed; and 29 (c) the complaint must otherwise be dealt with under the 30 Legal Profession Uniform Law (WA) Part 5.2. 31 (4) If, under section 435(1) of the old Act as continued under 32 subsection (2), the State Administrative Tribunal affirms the page 176 Legal Profession Uniform Law Application Bill 2020 Transitional provisions Part 16 Registers Division 11 s. 318 1 decision of the Complaints Committee to dismiss the complaint 2 under the old Act, the whole of the complaint is taken to have 3 been closed under the Legal Profession Uniform Law (WA) 4 section 277. 5 318. Enforcing compensation orders under old Act 6 A compensation order made under section 448(1) of the old Act 7 and not enforced before commencement day may be enforced, 8 on and from commencement day, under the Legal Profession 9 Uniform Law (WA) section 310 as if it were a compensation 10 order made under the Law. 11 319. Compensation order under old Act taken into account in 12 compensation under Uniform Law s. 311 13 For the purposes of the Legal Profession Uniform Law (WA) 14 section 311, a compensation order made under section 448(1) of 15 the old Act before commencement day compensating an 16 aggrieved person as defined in section 307(2) of the Law must 17 be taken into account as compensation awarded to the person in 18 a proceeding, unless the amount has already been taken into 19 account in the proceeding under section 450 of the old Act. 20 Division 11 -- Registers 21 320. Local roll maintained under old Act taken to be Supreme 22 Court roll for Uniform Law s. 22 23 The roll of persons admitted to the legal profession maintained 24 by the Supreme Court under section 28(1) of the old Act 25 continues on and from commencement day as the Supreme 26 Court roll under the Legal Profession Uniform Law (WA) 27 section 22(1). 28 321. Continuation of register of local practising certificates kept 29 under old Act 30 The register of the names of Australian lawyers kept under 31 section 76(1) of the old Act continues, on and from page 177 Legal Profession Uniform Law Application Bill 2020 Part 16 Transitional provisions Division 12 Law library s. 322 1 commencement day, as the register to be kept under 2 section 215(1). 3 322. Continuation of register of locally registered foreign lawyers 4 kept under old Act 5 The register of the names of locally registered foreign lawyers 6 kept under section 198(1) of the old Act continues, on and from 7 commencement day, as the register to be kept under 8 section 216(1). 9 323. Continuation of Register of Disciplinary Action kept under 10 old Act 11 The Register of Disciplinary Action kept under section 452(1) 12 of the old Act continues, on and from commencement day, to be 13 the register to be kept under section 218(2). 14 Division 12 -- Law library 15 324. Continuation of law library 16 The law library established before commencement day under 17 section 596A(1) of the old Act is continued as the law library 18 that may be established under section 242(1). 19 325. Law library contributions paid under old Act taken to be 20 contributions under this Act 21 An amount paid by the Legal Practice Board to the State before 22 commencement day for a year as a contribution to the cost of 23 providing and maintaining the law library under 24 section 548A(2) of the old Act is taken, on and from 25 commencement day, to be an amount paid under section 243(2) 26 for that year. page 178 Legal Profession Uniform Law Application Bill 2020 Transitional provisions Part 16 Law Society Public Purposes Trust Division 13 s. 326 1 Division 13 -- Law Society Public Purposes Trust 2 326. Reference to repealed Law Society Public Purposes Trust 3 Act 1985 taken to be to Pt. 12 4 A reference in a document to the Law Society Public Purposes 5 Trust Act 1985 repealed under section 258(b) is taken, on and 6 from commencement day, to be a reference to Part 12 of this 7 Act. 8 327. Arrangements between Law Society and ADI under 9 repealed Law Society Public Purposes Trust Act 1985 10 (1) In this section -- 11 former arrangement means an arrangement made under the 12 repealed Law Society Public Purposes Trust Act 1985 13 section 3(1). 14 (2) This section applies if -- 15 (a) interest was accrued on trust moneys held under the old 16 Act before commencement day; and 17 (b) a former arrangement was in effect immediately before 18 commencement day in relation to the payment of 19 interest accruing on those trust moneys; and 20 (c) the interest was not paid under the former arrangement 21 before commencement day. 22 (3) The former arrangement continues to apply in relation to the 23 interest accrued on the trust moneys. 24 Division 14 -- Transitional regulations 25 328. Transitional regulations 26 (1) In this section -- 27 specified means specified or described in the local regulations; page 179 Legal Profession Uniform Law Application Bill 2020 Part 16 Transitional provisions Division 14 Transitional regulations s. 328 1 transitional matter -- 2 (a) means a matter that needs to be dealt with for the 3 purpose of effecting the transition from the provisions of 4 the Acts repealed under section 258 of this Act and the 5 Legal Profession Uniform Law (WA); and 6 (b) includes a savings or application matter. 7 (2) Without limiting the Legal Profession Uniform Law (WA) 8 Schedule 4 clause 5(2), the local regulations may prescribe all 9 matters that are required, necessary or convenient to be 10 prescribed in relation to that matter if there is no sufficient 11 provision in this Part or Schedule 4 of the Law for dealing with 12 a transitional matter. 13 (3) The local regulations in relation to transitional matters may 14 provide that specified provisions of this Act, the Legal 15 Profession Uniform Law (WA) or another written law -- 16 (a) do not apply to or in relation to any matter; or 17 (b) apply with specified modifications to or in relation to 18 any matter. 19 Note for this section: 20 See the Legal Profession Uniform Law (WA) Schedule 4 clause 5 for 21 the power to make transitional regulations in the local regulations. page 180 Legal Profession Uniform Law Application Bill 2020 Consequential amendments to other Acts Part 17 Children and Community Services Act 2004 amended Division 1 s. 329 1 Part 17 -- Consequential amendments to other Acts 2 Division 1 -- Children and Community Services Act 2004 3 amended 4 329. Act amended 5 This Division amends the Children and Community Services 6 Act 2004. 7 330. Section 148 amended 8 Delete section 148(1). 9 Division 2 -- Civil Judgments Enforcement Act 2004 amended 10 331. Act amended 11 This Division amends the Civil Judgments Enforcement 12 Act 2004. 13 332. Section 30 amended 14 (1) Delete section 30(1). 15 (2) In section 30(6) delete "Legal Profession Act 2008 section 12." 16 and insert: 17 18 Legal Profession Uniform Law (WA) section 10. 19 20 (3) In section 30(7) delete "lawyer," and insert: 21 22 legal practitioner, 23 page 181 Legal Profession Uniform Law Application Bill 2020 Part 17 Consequential amendments to other Acts Division 3 Civil Liability Act 2002 amended s. 333 1 Division 3 -- Civil Liability Act 2002 amended 2 333. Act amended 3 This Division amends the Civil Liability Act 2002. 4 334. Section 15L amended 5 Delete section 15L(1) and insert: 6 7 (1) In this section -- 8 costs determination means a legal costs determination 9 made under the Legal Profession Uniform Law 10 Application Act 2020 section 132; 11 law practice has the meaning given in the Legal 12 Profession Uniform Law (WA) section 6(1). 13 14 335. Section 16 amended 15 (1) In section 16 delete the definition of legal practitioner. 16 (2) In section 16 in the definition of client delete "legal practitioner, 17 includes a person who makes a genuine inquiry of a legal 18 practitioner" and insert: 19 20 lawyer, includes a person who makes a genuine inquiry of a 21 lawyer 22 23 (3) In section 16 in the definition of law practice delete "Legal 24 Profession Act 2008;" and insert: 25 26 Legal Profession Uniform Law (WA) section 6(1); 27 page 182 Legal Profession Uniform Law Application Bill 2020 Consequential amendments to other Acts Part 17 Commercial Arbitration Act 2012 amended Division 4 s. 336 1 336. Section 17 amended 2 In section 17(2)(a)(i) delete "as defined in the Legal Profession 3 Act 2008 section 252; or" and insert: 4 5 made in accordance with the Legal Profession Uniform Law 6 (WA) Part 4.3 Division 4; or 7 8 337. Various references to "legal practitioner" amended 9 In the provisions listed in the Table: 10 (a) delete "legal practitioner" (each occurrence) and insert: 11 12 lawyer 13 14 (b) delete "legal practitioners" (each occurrence) and insert: 15 16 lawyers 17 18 (c) delete "legal practitioner's" (each occurrence) and 19 insert: 20 21 lawyer's 22 23 Table s. 17 s. 18 s. 19 s. 20 24 Division 4 -- Commercial Arbitration Act 2012 amended 25 338. Act amended 26 This Division amends the Commercial Arbitration Act 2012. page 183 Legal Profession Uniform Law Application Bill 2020 Part 17 Consequential amendments to other Acts Division 5 Community Titles Act 2018 amended s. 339 1 339. Section 24A amended 2 In section 24A(2) delete "Legal Profession Act 2008" and 3 insert: 4 5 Legal Profession Uniform Law (WA) 6 7 340. Section 33C amended 8 In section 33C delete "Legal Profession Act 2008 Part 10 9 Division 8" and insert: 10 11 Legal Profession Uniform Law (WA) Part 4.3 Division 7 12 13 Note: The heading to amended section 33C is to read: 14 Application of Legal Profession Uniform Law (WA) 15 Division 5 -- Community Titles Act 2018 amended 16 341. Act amended 17 This Division amends the Community Titles Act 2018. 18 342. Section 3 amended 19 In section 3(1) delete the definition of Australian legal 20 practitioner. 21 343. Section 117 amended 22 Delete section 117(4) and insert: 23 24 (4) A legal practitioner does not act as a scheme manager 25 in providing services that can, under the Legal 26 Profession Uniform Law (WA), be provided only by a 27 legal practitioner. 28 page 184 Legal Profession Uniform Law Application Bill 2020 Consequential amendments to other Acts Part 17 District Court of Western Australia Act 1969 amended Division 6 s. 344 1 344. Section 137 amended 2 In section 137(2)(a) delete "an Australian legal practitioner," 3 and insert: 4 5 a legal practitioner, 6 7 345. Section 182 amended 8 In section 182(6) delete "an Australian lawyer (within the 9 meaning of that term in the Legal Profession Act 2008 10 section 3)." and insert: 11 12 a lawyer. 13 14 Division 6 -- District Court of Western Australia Act 1969 15 amended 16 346. Act amended 17 This Division amends the District Court of Western Australia 18 Act 1969. 19 347. Section 6 amended 20 (1) In section 6(1) delete the definitions of: 21 Australian lawyer 22 legal practitioner 23 (2) In section 6(1) insert in alphabetical order: 24 25 costs determination means a legal costs determination 26 made under the Legal Profession Uniform Law 27 Application Act 2020 section 132; 28 page 185 Legal Profession Uniform Law Application Bill 2020 Part 17 Consequential amendments to other Acts Division 7 Energy Arbitration and Review Act 1998 amended s. 348 1 348. Section 10 amended 2 In section 10(2) delete "an Australian lawyer" and insert: 3 4 a lawyer 5 6 349. Section 64 amended 7 In section 64(1) delete "(as defined in the Legal Profession 8 Act 2008 section 252)". 9 350. Section 66 amended 10 In section 66 delete "costs determination (as defined in the 11 Legal Profession Act 2008 section 252)," and insert: 12 13 costs determination, 14 15 351. Section 88 amended 16 In section 88(2)(b) delete "costs determination (as defined in the 17 Legal Profession Act 2008 section 252);" and insert: 18 19 costs determination; 20 21 Division 7 -- Energy Arbitration and Review Act 1998 amended 22 352. Act amended 23 This Division amends the Energy Arbitration and Review 24 Act 1998. page 186 Legal Profession Uniform Law Application Bill 2020 Consequential amendments to other Acts Part 17 Interpretation Act 1984 amended Division 8 s. 353 1 353. Section 49 replaced 2 Delete section 49 and insert: 3 4 49. Term used: Board 5 In this Division -- 6 Board means the Western Australian Electricity 7 Review Board established by section 50. 8 9 Division 8 -- Interpretation Act 1984 amended 10 354. Act amended 11 This Division amends the Interpretation Act 1984. 12 355. Section 5 amended 13 In section 5 insert in alphabetical order: 14 15 lawyer means an Australian lawyer as defined in the 16 Legal Profession Uniform Law (WA) section 6(1); 17 legal practitioner means an Australian legal 18 practitioner as defined in the Legal Profession Uniform 19 Law (WA) section 6(1); 20 21 Division 9 -- Juries Act 1957 amended 22 356. Act amended 23 This Division amends the Juries Act 1957. 24 357. Section 3 amended 25 In section 3(1) delete the definition of Australian legal 26 practitioner. page 187 Legal Profession Uniform Law Application Bill 2020 Part 17 Consequential amendments to other Acts Division 9 Juries Act 1957 amended s. 358 1 358. Section 56A amended 2 In section 56A(1) in the definition of prosecuting officer: 3 (a) in paragraph (b) delete the passage that begins with "is" 4 and ends with "section 3; or" and insert: 5 6 is a legal practitioner; or 7 8 (b) in paragraph (c) delete "Director of Public Prosecutions 9 Act 1983, as amended from time to time, of the 10 Parliament of the Commonwealth; or" and insert: 11 12 Director of Public Prosecutions Act 1983 13 (Commonwealth); or 14 15 (c) in paragraphs (d) and (e) delete "Director of Public 16 Prosecutions Act 1983, as amended from time to time, 17 of the Parliament of the Commonwealth" and insert: 18 19 Director of Public Prosecutions Act 1983 20 (Commonwealth) 21 22 359. Section 56B amended 23 In section 56B(2)(h) delete "an Australian legal practitioner 24 (within the meaning of that term in the Legal Profession 25 Act 2008 section 3)" and insert: 26 27 a legal practitioner 28 page 188 Legal Profession Uniform Law Application Bill 2020 Consequential amendments to other Acts Part 17 Law Reform Commission Act 1972 amended Division 10 s. 360 1 360. Section 56C amended 2 In section 56C(2)(g) delete "an Australian legal practitioner 3 (within the meaning of that term in the Legal Profession 4 Act 2008 section 3)" and insert: 5 6 a legal practitioner 7 8 361. Schedule 1 clause 3 replaced 9 Delete Schedule 1 clause 3 and insert: 10 11 3. Legal practitioners 12 A person who is a legal practitioner. 13 14 Division 10 -- Law Reform Commission Act 1972 amended 15 362. Act amended 16 This Division amends the Law Reform Commission Act 1972. 17 363. Section 6 amended 18 (1) In section 6(1) and (2) delete "an Australian legal practitioner" 19 (each occurrence) and insert: 20 21 a legal practitioner 22 23 (2) Delete section 6(3). 24 Division 11 -- Legal Aid Commission Act 1976 amended 25 364. Act amended 26 This Division amends the Legal Aid Commission Act 1976. page 189 Legal Profession Uniform Law Application Bill 2020 Part 17 Consequential amendments to other Acts Division 11 Legal Aid Commission Act 1976 amended s. 365 1 365. Section 4 amended 2 (1) In section 4(1) delete the definitions of: 3 Australian lawyer 4 Legal Practice Board 5 legal practitioner 6 (2) In section 4(1) insert in alphabetical order: 7 8 Legal Practice Board means the Legal Practice Board 9 established by the Legal Profession Uniform Law 10 Application Act 2020 section 30(1); 11 12 (3) In section 4(1) in the definition of law practice delete "Legal 13 Profession Act 2008 section 3;" and insert: 14 15 Legal Profession Uniform Law (WA) section 6(1); 16 17 (4) In section 4(1) in the definition of legal advice delete "an 18 Australian lawyer" and insert: 19 20 a lawyer 21 22 366. Section 7 amended 23 (1) In section 7(1)(b)(ii) delete "an Australian lawyer)" and insert: 24 25 a lawyer) 26 page 190 Legal Profession Uniform Law Application Bill 2020 Consequential amendments to other Acts Part 17 Legal Aid Commission Act 1976 amended Division 11 s. 367 1 (2) In section 7(2) delete "an Australian lawyer" and insert: 2 3 a lawyer 4 5 (3) In section 7(3)(a) delete "an Australian lawyer)" and insert: 6 7 a lawyer) 8 9 367. Section 14 amended 10 In section 14(1) delete "Part 10 Division 8 of the Legal 11 Profession Act 2008," and insert: 12 13 the Legal Profession Uniform Law (WA) Part 4.3 Division 7, 14 15 368. Section 17 amended 16 (1) In section 17(3) delete "Part 12 Division 4 of the Legal 17 Profession Act 2008" and insert: 18 19 the Legal Profession Uniform Law Application Act 2020 Part 8 20 Division 2 21 22 (2) In section 17(4) delete "Part 12 Division 4 of the Legal 23 Profession Act 2008)" and insert: 24 25 the Legal Profession Uniform Law Application Act 2020 Part 8 26 Division 2) 27 page 191 Legal Profession Uniform Law Application Bill 2020 Part 17 Consequential amendments to other Acts Division 11 Legal Aid Commission Act 1976 amended s. 369 1 369. Section 18 amended 2 In section 18(2) delete "an Australian lawyer," and insert: 3 4 a lawyer, 5 6 370. Section 19 amended 7 Delete section 19(3) and insert: 8 9 (3) The Director may provide supervised legal training to 10 persons who are staff of the Commission in accordance 11 with the Legal Profession Uniform Law (WA). 12 13 371. Section 20 amended 14 In section 20(2) delete "Australian lawyers" and insert: 15 16 lawyers 17 18 372. Section 25 amended 19 In section 25(6) and (8) delete "an Australian lawyer" and 20 insert: 21 22 a lawyer 23 page 192 Legal Profession Uniform Law Application Bill 2020 Consequential amendments to other Acts Part 17 Legal Aid Commission Act 1976 amended Division 11 s. 373 1 373. Section 39 amended 2 In section 39(1a) delete "Part 10 Division 6 of the Legal 3 Profession Act 2008." and insert: 4 5 the Legal Profession Uniform Law (WA) Part 4.3 Division 4. 6 7 374. Section 40 amended 8 In section 40(6a) delete the passage that begins with "to any" 9 and ends with "(full bench)." and insert: 10 11 to any -- 12 (a) order or finding of fact relating to that 13 practitioner made by the Legal Practice Board 14 or the State Administrative Tribunal under the 15 Legal Profession Uniform Law (WA) Part 5.4; 16 or 17 (b) order relating to that practitioner made by the 18 Supreme Court under the Legal Profession 19 Uniform Law (WA) section 23 or 461 or finding 20 of fact made by the Court in the course of 21 making that order. 22 23 375. Section 50 amended 24 In section 50(2): 25 (a) in paragraph (b) delete "an Australian lawyer" and 26 insert: 27 28 a lawyer 29 page 193 Legal Profession Uniform Law Application Bill 2020 Part 17 Consequential amendments to other Acts Division 11 Legal Aid Commission Act 1976 amended s. 376 1 (b) in paragraph (c) delete "an Australian lawyer." and 2 insert: 3 4 a lawyer. 5 6 376. Section 52 amended 7 In section 52(2)(a) delete "Legal Profession Act 2008" and 8 insert: 9 10 Legal Profession Uniform Law Application Act 2020 11 12 377. Section 56 amended 13 In section 56(2)(e) delete "section 391 of the Legal Profession 14 Act 2008; and" and insert: 15 16 the Legal Profession Uniform Law Application Act 2020 17 section 100(1); and 18 19 378. Section 61 amended 20 (1) In section 61(1) delete "Legal Profession Act 2008 and the legal 21 profession rules made under that Act" and insert: 22 23 Legal Profession Uniform Law (WA) and the Uniform 24 Rules (WA) (as defined in the Legal Profession Uniform Law 25 Application Act 2020 section 3(1)) 26 27 (2) Delete section 61(2)(a) and insert: 28 29 (a) the Director is taken to be, and has all the rights 30 and privileges of, a legal practitioner who is a page 194 Legal Profession Uniform Law Application Bill 2020 Consequential amendments to other Acts Part 17 Magistrates Court Act 2004 amended Division 12 s. 379 1 sole practitioner as defined in the Legal 2 Profession Uniform Law (WA) section 6(1); 3 4 (3) In section 61(4) delete "Part 9 of the Legal Profession 5 Act 2008" and insert: 6 7 The Legal Profession Uniform Law (WA) Part 4.2 8 9 379. Section 64 amended 10 (1) In section 64(2c) delete "Legal Profession Act 2008" and insert: 11 12 Legal Profession Uniform Law (WA) 13 14 (2) In section 64(4)(c) delete "Supreme Court (full bench), under 15 the Legal Profession Act 2008." and insert: 16 17 Supreme Court, under the Legal Profession Uniform Law (WA). 18 19 Division 12 -- Magistrates Court Act 2004 amended 20 380. Act amended 21 This Division amends the Magistrates Court Act 2004. 22 381. Schedule 1 clause 1 amended 23 (1) In Schedule 1 clause 1 delete the definition of legal 24 practitioner. page 195 Legal Profession Uniform Law Application Bill 2020 Part 17 Consequential amendments to other Acts Division 13 Prohibited Behaviour Orders Act 2010 amended s. 382 1 (2) In Schedule 1 clause 1 in the definition of Attorney General 2 paragraph (b) delete "General;" and insert: 3 4 General. 5 6 Note: The heading to amended Schedule 1 clause 1 is to read: 7 Term used: Attorney General 8 Division 13 -- Prohibited Behaviour Orders Act 2010 amended 9 382. Act amended 10 This Division amends the Prohibited Behaviour Orders 11 Act 2010. 12 383. Section 36 amended 13 Delete section 36(1). 14 Division 14 -- Public Trustee Act 1941 amended 15 384. Act amended 16 This Division amends the Public Trustee Act 1941. 17 385. Section 2 amended 18 In section 2 delete the definition of certificated practitioner. 19 386. Section 47A amended 20 (1) In section 47A(1) delete "Legal Practice Act 2003," and insert: 21 22 Legal Profession Uniform Law (WA), 23 page 196 Legal Profession Uniform Law Application Bill 2020 Consequential amendments to other Acts Part 17 Registration of Deeds Act 1856 amended Division 15 s. 387 1 (2) In section 47A(2) and (3) delete "certificated practitioner." and 2 insert: 3 4 legal practitioner. 5 6 Division 15 -- Registration of Deeds Act 1856 amended 7 387. Act amended 8 This Division amends the Registration of Deeds Act 1856. 9 388. Section 6 amended 10 In section 6: 11 (a) delete "an Australian lawyer (within the meaning of that 12 term in the Legal Profession Act 2008 section 3)" and 13 insert: 14 15 a lawyer 16 17 (b) delete "practitioner" and insert: 18 19 lawyer 20 21 (c) delete "his" and insert: 22 23 their 24 25 Division 16 -- Sale of Goods (Vienna Convention) Act 1986 26 amended 27 389. Act amended 28 This Division amends the Sale of Goods (Vienna Convention) 29 Act 1986. page 197 Legal Profession Uniform Law Application Bill 2020 Part 17 Consequential amendments to other Acts Division 17 Spent Convictions Act 1988 amended s. 390 1 390. Section 7 amended 2 Delete section 7(2). 3 Division 17 -- Spent Convictions Act 1988 amended 4 391. Act amended 5 This Division amends the Spent Convictions Act 1988. 6 392. Schedule 3 clause 1 amended 7 (1) In Schedule 3 clause 1(12) in the Table: 8 (a) in item 1 delete "Legal Profession Act 2008." and insert: 9 10 Legal Profession Uniform Law (WA). 11 12 (b) in item 2 delete "Legal Profession Act 2008 section 23." 13 and insert: 14 15 Legal Profession Uniform Law (WA) section 21. 16 17 (c) in item 3 delete "an Australian lawyer within the meaning 18 of the Legal Profession Act 2008." and insert: 19 20 a lawyer. 21 22 (d) in item 4 delete "person who applies for registration as a 23 locally registered foreign lawyer under the Legal Profession 24 Act 2008." and insert: 25 26 foreign lawyer who applies for an Australian registration 27 certificate under the Legal Profession Uniform Law (WA). 28 page 198 Legal Profession Uniform Law Application Bill 2020 Consequential amendments to other Acts Part 17 State Administrative Tribunal Act 2004 amended Division 18 s. 393 1 (e) in item 5 delete "Legal Profession Act 2008." and insert: 2 3 Legal Profession Uniform Law (WA). 4 5 (2) Delete Schedule 3 clause 1(13) and insert: 6 7 (13) The exception in subclause (12) extends to -- 8 (a) the Legal Practice Board established under the 9 Legal Profession Uniform Law Application 10 Act 2020 section 30; and 11 (b) the Legal Services and Complaints Committee 12 established under the Legal Profession Uniform 13 Law Application Act 2020 section 56. 14 15 Division 18 -- State Administrative Tribunal Act 2004 amended 16 393. Act amended 17 This Division amends the State Administrative Tribunal 18 Act 2004. 19 394. Section 3 amended 20 (1) In section 3(1) delete the definitions of: 21 legal practitioner 22 qualified person 23 (2) In section 3(1) in the definition of legally qualified member 24 paragraph (c) delete "qualified person" and insert: 25 26 lawyer 27 page 199 Legal Profession Uniform Law Application Bill 2020 Part 17 Consequential amendments to other Acts Division 19 Strata Titles Act 1985 amended s. 395 1 395. Section 93 amended 2 In section 93(1) in the definition of legally qualified person 3 paragraph (a) delete "an Australian lawyer (within the meaning 4 of that term in the Legal Profession Act 2008 section 3)" and 5 insert: 6 7 a lawyer 8 9 396. Section 117 amended 10 In section 117(3)(a) and (4)(a) delete "qualified person" and 11 insert: 12 13 lawyer 14 15 397. Schedule 1 amended 16 In Schedule 1 delete "Legal Profession Act 2008" and insert: 17 18 Legal Profession Uniform Law Application Act 2020 19 Legal Profession Uniform Law (WA) 20 21 Division 19 -- Strata Titles Act 1985 amended 22 398. Act amended 23 This Division amends the Strata Titles Act 1985. 24 399. Repeal of certain provisions of this Division contingent on 25 commencement of Strata Titles Amendment Act 2018 s. 84 26 Despite section 2(1)(d) -- 27 (a) if the Strata Titles Amendment Act 2018 section 84 28 comes into operation on or before the day fixed under page 200 Legal Profession Uniform Law Application Bill 2020 Consequential amendments to other Acts Part 17 Strata Titles Act 1985 amended Division 19 s. 400 1 subsection 2(1)(d), section 401 of this Act does not 2 come into operation and is repealed; or 3 (b) otherwise -- section 404 of this Act does not come into 4 operation and is repealed. 5 400. Section 3 amended 6 In section 3(1) delete the definition of Australian legal 7 practitioner. 8 401. Section 129B amended 9 In section 129B(1) delete "an Australian lawyer (within the 10 meaning of that term in the Legal Profession Act 2008 11 section 3)." and insert: 12 13 a lawyer. 14 15 402. Section 143 amended 16 Delete section 143(4) and insert: 17 18 (4) A legal practitioner does not act as a strata manager in 19 providing services that can, under the Legal Profession 20 Uniform Law (WA), be provided only by a legal 21 practitioner. 22 23 403. Section 163 amended 24 In section 163(2)(a) delete "an Australian legal practitioner," 25 and insert: 26 27 a legal practitioner, 28 page 201 Legal Profession Uniform Law Application Bill 2020 Part 17 Consequential amendments to other Acts Division 20 Workers' Compensation and Injury Management Act 1981 amended s. 404 1 404. Section 219 amended 2 In section 219(1) delete "an Australian lawyer (within the 3 meaning of that term in the Legal Profession Act 2008 4 section 3)." and insert: 5 6 a lawyer. 7 8 Division 20 -- Workers' Compensation and Injury Management 9 Act 1981 amended 10 405. Act amended 11 This Division amends the Workers' Compensation and Injury 12 Management Act 1981. 13 406. Section 5 amended 14 In section 5(1) insert in alphabetical order: 15 16 prohibited person has the meaning given in section 5B; 17 18 407. Section 5B inserted 19 At the end of Part 1 insert: 20 21 5B. Meaning of prohibited person 22 (1) In this section -- 23 Australian practising certificate -- 24 (a) has the meaning given in the Legal Profession 25 Uniform Law (WA) section 6(1); and 26 (b) includes a local practising certificate granted 27 under the repealed Legal Profession Act 2008 28 before commencement day; page 202 Legal Profession Uniform Law Application Bill 2020 Consequential amendments to other Acts Part 17 Workers' Compensation and Injury Management Act 1981 Division 20 amended s. 407 1 commencement day means the day on which the Legal 2 Profession Uniform Law Application Act 2020 3 section 407 comes into operation; 4 corresponding law has the meaning given in the Legal 5 Profession Uniform Law (WA) section 6(1); 6 Supreme Court roll has the meaning given in the Legal 7 Profession Uniform Law (WA) section 6(1). 8 (2) A person is a prohibited person -- 9 (a) if -- 10 (i) the person's name has been removed 11 from a Supreme Court roll; and 12 (ii) the person's name was not removed 13 from a Supreme Court roll at the 14 person's own request; and 15 (iii) the person has not subsequently been 16 admitted or re-admitted to the legal 17 profession under the Legal Profession 18 Uniform Law (WA) or a corresponding 19 law; 20 or 21 (b) if the person's Australian practising certificate 22 is suspended; or 23 (c) if the person is not a legal practitioner because 24 the person's Australian practising certificate 25 has been cancelled under the repealed Legal 26 Profession Act 2008, the Legal Profession 27 Uniform Law (WA) or a corresponding law. 28 page 203 Legal Profession Uniform Law Application Bill 2020 Part 17 Consequential amendments to other Acts Division 20 Workers' Compensation and Injury Management Act 1981 amended s. 408 1 408. Section 87 amended 2 In section 87(2) delete "costs determination (as defined in the 3 Legal Profession Act 2008 section 252)." and insert: 4 5 legal costs determination made under the Legal Profession 6 Uniform Law Application Act 2020 section 132. 7 8 409. Section 182S amended 9 Delete section 182S(4). 10 410. Section 195 amended 11 Delete section 195(4A). 12 411. Section 263 amended 13 In section 263 delete "Legal Profession Act 2008, and in 14 particular Part 10 of that Act." and insert: 15 16 Legal Profession Uniform Law (WA), and in particular Part 4.3 17 of the Law. 18 19 Note: The heading to amended section 263 is to read: 20 This Part prevails over Legal Profession Uniform Law (WA) 21 412. Section 264 amended 22 In section 264(3) delete "Legal Profession Act 2008 Part 10 23 Division 8 (or in relevant regulations under section 268)" and 24 insert: 25 26 Legal Profession Uniform Law (WA) Part 4.3 Division 7 27 page 204 Legal Profession Uniform Law Application Bill 2020 Consequential amendments to other Acts Part 17 Workers' Compensation and Injury Management Act 1981 Division 20 amended s. 413 1 413. Section 268 amended 2 (1) In section 268(2)(a) and (b) delete "Legal Profession Act 2008 3 Part 10 Division 8; and" and insert: 4 5 Legal Profession Uniform Law (WA) Part 4.3 Division 7; and 6 7 (2) In section 268(3) delete "Legal Profession Act 2008." and 8 insert: 9 10 Legal Profession Uniform Law (WA). 11 12 414. Section 269 amended 13 In section 269(1) in the definition of Legal Costs Committee 14 delete "Legal Profession Act 2008." and insert: 15 16 Legal Profession Uniform Law Application Act 2020 section 82. 17 18 415. Section 271 amended 19 In section 271(2)(b) delete "costs determination (as defined in 20 the Legal Profession Act 2008 section 252)." and insert: 21 22 legal costs determination made under the Legal Profession 23 Uniform Law Application Act 2020 section 132. 24 page 205 Legal Profession Uniform Law Application Bill 2020 Part 17 Consequential amendments to other Acts Division 21 Young Offenders Act 1994 amended s. 416 1 416. Section 277 amended 2 In section 277(1)(d) delete "legal practitioner or an incorporated 3 legal practice;" and insert: 4 5 law practice as defined in the Legal Profession Uniform Law 6 (WA) section 6(1); 7 8 Division 21 -- Young Offenders Act 1994 amended 9 417. Act amended 10 This Division amends the Young Offenders Act 1994. 11 418. Section 37A amended 12 Delete section 37A(1). 13 Note: The heading to amended section 37A is to read: 14 No representation by lawyer or agent 15 419. Section 152 amended 16 In section 152(5)(b) delete "an Australian lawyer (within the 17 meaning of that term in the Legal Profession Act 2008 18 section 3)." and insert: 19 20 a lawyer. 21 22 Division 22 -- Other amendments 23 420. Other Acts amended 24 (1) This section amends the Acts listed in the Table. 25 (2) Amend the provisions listed in the Table as set out in the Table. page 206 Legal Profession Uniform Law Application Bill 2020 Consequential amendments to other Acts Part 17 Other amendments Division 22 s. 420 1 Table Provision Delete Insert 1. Adoption Act 1994 s. 4(1) def. of lawyer def. of legal practitioner 2. Australian Crime Commission (Western Australia) Act 2004 s. 3(1) def. of legal practitioner 3. Children's Court of Western Australia Act 1988 s. 3(1) def. of legal practitioner s. 7(2) an Australian a lawyer lawyer, within the meaning of that term in the Legal Profession Act 2008 section 3, 4. Constitution Acts Amendment Act 1899 Sch. V Pt. 3 item Legal Profession Legal Profession relating to The Legal Act 2008 Uniform Law Contribution Trust Application Act 2020 5. Co-operatives Act 2009 s. 4(1) def. of legal practitioner page 207 Legal Profession Uniform Law Application Bill 2020 Part 17 Consequential amendments to other Acts Division 22 Other amendments s. 420 Provision Delete Insert 6. Coroners Act 1996 s. 6(6) an Australian legal a legal practitioner practitioner (within s. 7(4) the meaning of that s. 44(1) term in the Legal Profession Act 2008 section 3) 7. Corporations (Western Australia) Act 1990 s. 48 an Australian legal a legal practitioner practitioner (within the meaning of that term in the Legal Profession Act 2008 section 3) 8. Corruption, Crime and Misconduct Act 2003 s. 3(1) def. of lawyer def. of legal practitioner 9. Criminal Injuries Compensation Act 2003 s. 3 def. of legal practitioner Sch. 1 cl. 1(1) an Australian lawyer a lawyer Sch. 1 cl. 1(2) def. of Australian lawyer page 208 Legal Profession Uniform Law Application Bill 2020 Consequential amendments to other Acts Part 17 Other amendments Division 22 s. 420 Provision Delete Insert 10. Criminal Investigation Act 2006 s. 3(1) def. of legal practitioner 11. Criminal Investigation (Covert Powers) Act 2012 s. 80 def. of lawyer 12. Criminal Procedure Act 2004 s. 3(1) def. of legal practitioner s. 67(3) Legal Profession Legal Profession Act 2008 section 275 Uniform Law Application Act 2020 section 132 s. 67(3) Legal Profession Legal Profession Act 2008 section 280 Uniform Law Application Act 2020 section 140 s. 172(3)(a) Legal Profession Legal Profession Act 2008 Uniform Law (WA) s. 172(3)(b)(ii) approved practical practical legal legal training training (as defined requirements (as in the Legal defined in the Legal Profession Uniform Profession Act 2008 Law (WA) section 21(1)) section 6(1)) page 209 Legal Profession Uniform Law Application Bill 2020 Part 17 Consequential amendments to other Acts Division 22 Other amendments s. 420 Provision Delete Insert 13. Debt Collectors Licensing Act 1964 s. 4(a) an Australian legal a legal practitioner practitioner within the meaning of that term in the Legal Profession Act 2008 section 3 14. Director of Public Prosecutions Act 1991 s. 3 def. of Australian lawyer def. of legal practitioner s. 5(2) and (3) an Australian lawyer a lawyer 15. Evidence Act 1906 s. 122 an Australian legal a legal practitioner in practitioner (within a participating the meaning of that jurisdiction is term in the Legal entitled to practise as Profession Act 2008 a legal practitioner section 3) in a participating jurisdiction is entitled to practise as an Australian legal practitioner page 210 Legal Profession Uniform Law Application Bill 2020 Consequential amendments to other Acts Part 17 Other amendments Division 22 s. 420 Provision Delete Insert 16. Fair Trading Act 2010 s. 8(4) Legal Profession Legal Profession Act 2008 section 3 Uniform Law (WA) section 6(1) 17. Family Court Act 1997 s. 5(1) def. of Australian legal practitioner s. 5(1) def. of an Australian legal a legal practitioner independent practitioner children's lawyer s. 11(3a) def. of legal experience par. (a) s. 11(3)(a) an Australian lawyer a lawyer s. 11(3a) def. of Australian lawyer 18. Finance Brokers Control Act 1975 s. 5(1)(f) Australian legal legal practitioners practitioners (within the meaning of that term in the Legal Profession Act 2008 section 3) page 211 Legal Profession Uniform Law Application Bill 2020 Part 17 Consequential amendments to other Acts Division 22 Other amendments s. 420 Provision Delete Insert 19. First Home Owner Grant Act 2000 s. 52A(3) Legal Profession Legal Profession Act 2008 section 3 Uniform Law (WA) section 6(1) s. 52A(3)(a) Legal Profession Legal Profession Act 2008 Uniform Law (WA) 20. Gender Reassignment Act 2000 s. 6(2)(a) an Australian legal a legal practitioner practitioner (within the meaning of that term in the Legal Profession Act 2008 section 3) 21. Guardianship and Administration Act 1990 s. 3(1) def. of legal practitioner s. 51(3) Legal Profession Legal Profession Act 2008 Uniform Law (WA) s. 70(3) 22. Industrial Relations Act 1979 s. 7(1) def. of legal practitioner page 212 Legal Profession Uniform Law Application Bill 2020 Consequential amendments to other Acts Part 17 Other amendments Division 22 s. 420 Provision Delete Insert s. 42B(7) For the purposes of Despite the Legal section 12 of the Profession Uniform s. 51Q(4) Legal Profession Law (WA) s. 97UJ(5) Act 2008 section 10, s. 112A(3) 23. Jurisdiction of Courts (Cross-vesting) Act 1987 s. 5(9) an Australian legal a legal practitioner practitioner (within the meaning of that term in the Legal Profession Act 2008 section 3) 24. Land Valuers Licensing Act 1978 s. 4 def. of lawyer def. of legal practitioner 25. Liquor Control Act 1988 s. 3(1) def. of lawyer 26. Long Service Leave Act 1958 s. 37 an Australian legal a legal practitioner practitioner (within the meaning of that term in the Legal Profession Act 2008 section 3) page 213 Legal Profession Uniform Law Application Bill 2020 Part 17 Consequential amendments to other Acts Division 22 Other amendments s. 420 Provision Delete Insert 27. Magistrates Court (Civil Proceedings) Act 2004 s. 3(1) def. of legal practitioner s. 3(1) def. of Legal Profession Legal Profession applicable costs Act 2008 section 275 Uniform Law determination Application Act 2020 section 132 28. Mandatory Testing (Infectious Diseases) Act 2014 s. 15 def. of lawyer 29. Mental Health Act 2014 s. 4 def. of legal practitioner s. 379 def. of lawyer s. 449(1)(b)(i) legal practitioner legal practitioner; 30. Mining Act 1978 s. 162(2)(r) costs determination legal costs (as defined in the determination made Legal Profession under the Legal Act 2008 Profession Uniform section 252) Law Application Act 2020 section 132 page 214 Legal Profession Uniform Law Application Bill 2020 Consequential amendments to other Acts Part 17 Other amendments Division 22 s. 420 Provision Delete Insert 31. Motor Vehicle (Catastrophic Injuries) Act 2016 s. 3(1) def. of legal Legal Profession Legal Profession costs Act 2008 section 3 Uniform Law (WA) section 6(1) s. 3(1) def. of legal services 32. Motor Vehicle (Third Party Insurance) Act 1943 s. 27A(2) costs determination legal costs (as defined in the determination made Legal Profession under the Legal Act 2008 Profession Uniform section 252) Law Application Act 2020 section 132 33. Oaths, Affidavits and Statutory Declarations Act 2005 s. 8 def. of an Australian legal a legal practitioner experienced legal practitioner (within practitioner the meaning of that term in the Legal Profession Act 2008 section 3) Sch. 2 Table it. 20 An Australian lawyer A lawyer within the meaning of that term in the Legal Profession Act 2008 section 3 page 215 Legal Profession Uniform Law Application Bill 2020 Part 17 Consequential amendments to other Acts Division 22 Other amendments s. 420 Provision Delete Insert 34. Official Prosecutions (Accused's Costs) Act 1973 s. 5(5) costs determination legal costs (as defined in the determination made Legal Profession under the Legal Act 2008 Profession Uniform section 252) Law Application Act 2020 section 132 35. Planning and Development Act 2005 s. 4(1) def. of legal practitioner 36. Public Notaries Act 1979 s. 3 def. of Australian lawyer s. 7(2)(a) an Australian lawyer a lawyer s. 15A costs determination legal costs (as defined in the determination made Legal Profession under the Legal Act 2008 Profession Uniform section 252) Law Application Act 2020 section 132 s. 16(2) Legal Profession Legal Profession Act 2008 Uniform Law (WA) page 216 Legal Profession Uniform Law Application Bill 2020 Consequential amendments to other Acts Part 17 Other amendments Division 22 s. 420 Provision Delete Insert 37. Racing Penalties (Appeals) Act 1990 s. 5(1) an Australian lawyer a lawyer (within the meaning of that term in the Legal Profession Act 2008 section 3), s. 16(7) an Australian legal a legal practitioner practitioner (within the meaning of that term in the Legal Profession Act 2008 section 3) s. 25(2)(g) costs determination legal costs (as defined in the determination made Legal Profession under the Legal Act 2008 Profession Uniform section 252) Law Application Act 2020 section 132 38. Real Estate and Business Agents Act 1978 s. 4(1) def. of legal practitioner 39. Residential Tenancies Act 1987 s. 22(6) def. of legal practitioner page 217 Legal Profession Uniform Law Application Bill 2020 Part 17 Consequential amendments to other Acts Division 22 Other amendments s. 420 Provision Delete Insert s. 22(6) def. of an Australian lawyer a lawyer legally qualified within the meaning person of that term in the Legal Profession Act 2008 section 3 s. 24(1)(a) legal practitioners, as legal practitioners defined in section 22(6) 40. Restraining Orders Act 1997 s. 3(1) def. of legal practitioner 41. Sale of Land Act 1970 s. 11 def. of Australian legal practitioner s. 11 def. of deposit an Australian legal a legal practitioner holder par. (b)(i) practitioner s. 14(2)(b)(ii) 42. Security and Related Activities (Control) Act 1996 s. 28(2)(a) Australian legal legal practitioner practitioner (within the meaning of that term in the Legal Profession Act 2008 section 3) page 218 Legal Profession Uniform Law Application Bill 2020 Consequential amendments to other Acts Part 17 Other amendments Division 22 s. 420 Provision Delete Insert 43. Settlement Agents Act 1981 s. 3(1) def. of legal practitioner s. 46(5) Legal Profession Legal Profession Act 2008 Uniform Law (WA) section 10 Sch. 1 cl. 7(c) legal practitioners lawyers 44. Solicitor-General Act 1969 s. 3(2) an Australian lawyer a lawyer s. 3(3) def. of Australian lawyer s. 3(3) def. of legal an Australian legal a legal practitioner experience par. (a) practitioner within the meaning of that term in the Legal Profession Act 2008 section 3 45. Suitors' Fund Act 1964 s. 8(2)(c) Legal Profession Legal Profession Act 2008 Uniform Law Application Act 2020 section 30 page 219 Legal Profession Uniform Law Application Bill 2020 Part 17 Consequential amendments to other Acts Division 22 Other amendments s. 420 Provision Delete Insert 46. Supreme Court Act 1935 s. 4(1) def. of lawyer def. of legal practitioner s. 167(1)(d) and (da) costs determination legal costs (as defined in the determination made Legal Profession under the Legal Act 2008 Profession Uniform section 252) Law Application Act 2020 section 132 47. Taxation Administration Act 2003 s. 43(1)(b) legal practitioner as legal practitioner defined in that subsection 48. Teacher Registration Act 2012 s. 3 def. of lawyer s. 67(2) an Australian legal a legal practitioner practitioner, within does not breach the the meaning of that Legal Profession term in the Legal Uniform Law (WA) Profession Act 2008 section 3, does not breach that Act, 49. Terrorism (Preventative Detention) Act 2006 s. 4(1) def. of lawyer page 220 Legal Profession Uniform Law Application Bill 2020 Consequential amendments to other Acts Part 17 Other amendments Division 22 s. 420 Provision Delete Insert 50. Transfer of Land Act 1893 s. 4(1) def. of Australian lawyer s. 5(2)(b) an Australian lawyer a lawyer s. 6(2)(b) s. 8(4) s. 15(1)(c) s. 180(2)(b)(iii) 51. Wills Act 1970 s. 32A def. of Australian legal practitioner s. 32C(1)(a) an Australian legal a legal practitioner practitioner 52. Witness Protection (Western Australia) Act 1996 s. 33 def. of lawyer 1 2 page 221 Legal Profession Uniform Law Application Bill 2020 Defined terms Defined terms [This is a list of terms defined and the provisions where they are defined. The list is not part of the law.] Defined term Provision(s) accountant ........................................................................................................ 3(1) administered statutory body ........................................................................... 99(1) agreed amount .............................................................................................. 199(1) agreed rate .................................................................................................... 292(1) alleged conduct ................................................................................................. 201 amend ............................................................................................................... 3(1) amending Act ................................................................................................... 3(1) amending Act provision ................................................................................. 14(5) amending provision ........................................................................................ 10(1) applicant .......................................................................................... 173(1), 174(1) approved insurance policy .................................................. 151(1), 152(1) and (2) arrangement insurance ................................................................................. 151(1) Bar-approved policy..................................................................................... 151(1) Board................................................................................................................ 3(1) Board Rules.................................................................................................. 124(1) calculation regulations ................................................................................. 243(1) claim ................................................................................................................. 191 claimant........................................................................................................ 194(1) commencement day ................................................................................. 7(1), 260 Committee decision ..................................................................................... 315(1) community legal centre ................................................................................ 283(1) community representative ................................................................................ 3(1) community representatives ............................................................................ 61(1) Complaints Committee ..................................................................................... 260 compliance certificate review ...................................................................... 281(1) contentious business ........................................................................................ 3(1) contract legislative drafter ............................................................................ 125(1) corresponding PLT requirements ................................................................. 277(1) costs determination .......................................................................................... 3(1) court .................................................................................................................. 131 CPD period .................................................................................................. 284(1) CPD point .................................................................................................... 284(1) CPD year ...................................................................................................... 284(1) CPI ............................................................................................................... 243(1) department ....................................................................................................... 3(1) deputy community representatives ................................................................. 65(1) designated local regulatory authority .................................................................. 20 designated local roll authority ............................................................................. 21 disallowance period ......................................................................................... 9(1) disallowance resolution .................................................................................... 9(1) page 222 Legal Profession Uniform Law Application Bill 2020 Defined terms disciplinary action ............................................................................................. 217 disciplinary proceeding ..................................................................................... 201 disciplined person ........................................................................................ 218(4) early suitability matter ................................................................................. 281(1) elected Board member ..................................................................................... 3(1) elected Board members ....................................................................................... 37 employing authority ....................................................................................... 99(1) exempt entity................................................................................................ 175(1) exempt work ................................................................................................ 283(1) fidelity authority ................................................................................................. 23 fidelity fund......................................................................................................... 26 former arrangement ...................................................................................... 327(1) former register.............................................................................................. 218(1) function report................................................................................................ 76(1) government entity .......................................................................................... 99(1) Guarantee Fund ................................................................................................ 3(1) judicial officer .................................................................................................. 3(1) law library ........................................................................................................ 3(1)

aw Mutual Fund ............................................................................................. 3(1)

aw Society ..................................................................................................... 3(1)

aw Society Public Purposes Trust Deed ......................................................... 237

egal Aid Commission .................................................................................... 3(1)

egal Aid Fund ............................................................................................ 199(1)

egal Contribution Trust.................................................................................. 3(1)

egal Costs Committee .................................................................................... 3(1) legal member.................................................................................................... 3(1) legal members ................................................................................................ 61(1)

egal Profession Uniform Framework............................................................. 3(1)

egal Profession Uniform Law ........................................................................ 6(1)

egal Profession Uniform Law (WA).............................................................. 3(1)

egal Services and Complaints Committee ..................................................... 3(1)

egal Services and Complaints Officer ........................................................... 3(1) local approved form ......................................................................................... 3(1) local legal practitioner...................................................................................... 3(1)

PA Committee ................................................................................................ 298

PA determination ....................................................................................... 297(1)

TC approval ............................................................................................... 286(1) member .......................................................................................................... 90(1) new law practice .......................................................................................... 158(1) nominated fund ................................................................................................... 24 nominated trust authority .................................................................................... 24 non-contentious business ................................................................................. 3(1) notice period .................................................................................................... 9(1) old Act ............................................................................................................. 3(1) parliamentary committee ............................................................................... 11(1) page 223 Legal Profession Uniform Law Application Bill 2020 Defined terms partial disallowance resolution......................................................................... 9(1) peak organisation ......................................................................................... 199(1) PII arrangement ................................................................... 151(1), 154(1) and (2) PII entity ...................................................................................................... 151(1) PII management committee ............................................................................. 3(1) PII regulations ................................................................................................... 260 PII scheme .......................................................................................... 3(1), 151(1) PLT requirements ........................................................................................ 277(1) pre-commencement period........................................................................... 292(1) prescribed person ......................................................................................... 252(1) previous disciplinary action ......................................................................... 218(1) Principal Registrar ........................................................................................... 3(1) protected person ........................................................................................... 224(1) published legislation ...................................................................................... 16(1) register of disciplinary action ............................................................................ 217 registered company auditor .............................................................................. 3(1) relevant authority .............................................................................................. 245 relevant disciplinary action .......................................................................... 222(1) relevant jurisdiction .......................................................................................... 210 relevant provision ........................................................................................ 281(1) relevant trust account ................................................................................... 292(1) renewal day .................................................................................................. 156(1) required experience ...................................................................................... 288(1) restricted legal practice ................................................................................ 288(1) restructuring event ....................................................................................... 158(1) reviewable decision ......................................................................... 290(1), 291(1) scheme policy .............................................................................................. 151(1) specified ....................................................................................................... 328(1) statutory body .................................................................................................. 3(1) subsidiary provision ....................................................................................... 14(5) supervision period ........................................................................................ 288(1) this jurisdiction ................................................................................................... 18 transition year .............................................................................................. 299(1) transitional matter ........................................................................................ 328(1) transitioned PII entity ................................................................................... 299(1) Tribunal matter ............................................................................................ 281(1) trust account arrangement ................................................................... 3(1), 198(1) trust account matter ...................................................................................... 296(1) Trust Interest Account...................................................................................... 3(1) Uniform Regulations ........................................................................................ 3(1) Uniform Rules.................................................................................................. 3(1) Uniform Rules (WA) ....................................................................................... 3(1) unrestricted legal practitioner....................................................................... 162(1) vary ...................................................................................................... 207(1), 237 Western Australian Bar Association ................................................................ 3(1) page 224 Legal Profession Uniform Law Application Bill 2020 Defined terms Western Australian Barristers' Rules ........................................................... 118(1) working day ...................................................................................................... 260

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