Legal Profession Uniform Law Application Amendment Act 2015FILE/15-008a.docx · Web view2015-04-21 · Legal Profession Uniform Law Application Amendment ... who is a principal

Legal Profession Uniform Law Application Amendment Act 2015

No. 8 of 2015

TABLE OF PROVISIONSSection Page

Part 1—Preliminary 1

1 Purpose 12 Commencement 23 Principal Act 2

Part 2—Legal Profession Uniform Law Application Act 2014 amended 3

4 Definitions 35 New section 9A inserted 36 Designation of local authorities and tribunals 47 New section 18A inserted 88 Interpretation of Legislation Act 1984—Definitions 89 General transitional provisions 810 Insurance terms and conditions 811 Accident Compensation Act 1985 912 Co-operatives Act 1996 and Information Privacy Act 2000 913 Legal Aid Act 1978 914 Mental Health Act 1986 and Police Regulation Act 1958 915 Supreme Court Act 1986 916 Wills Act 1997 10

Part 3—Legal Profession Uniform Law amended 11

17 Legal Profession Uniform Law 1118 Definitions 1119 Withdrawal of trust money 1120 Disclosure obligations of law practice regarding clients 1121 Decisions of Standing Committee 1222 Provisions relating to Council 1223 Development of Admission Rules 1224 Service of notices on Council, Commissioner, Admissions

Committee, local regulatory authority or delegate 1225 Terms of office of members 1226 Diversity of membership 1327 New clause 17 inserted into Schedule 3 1328 Standing Committee and First operational term of Council 13

1

Part 4—Repeal of amending Act 14

29 Repeal of amending Act 14═══════════════

Endnotes 15

1 General information 15

Legal Profession Uniform Law Application Amendment Act 2015†

No. 8 of 2015

[Assented to 21 April 2015]

The Parliament of Victoria enacts:

Part 1—Preliminary1 Purpose

The purpose of this Act is to make a range of minor and technical amendments to the Legal Profession Uniform Law Application Act 2014, including a number of amendments to the Legal Profession Uniform Law set out in Schedule 1 to that Act.

Victoria

1

2 Commencement

This Act comes into operation on the day after the day on which it receives the Royal Assent.

3 Principal Act

In this Act, the Legal Profession Uniform Law Application Act 2014 is called the Principal Act.

Section Page

2

Part 2—Legal Profession Uniform Law Application Act 2014 amended

4 Definitions

In section 3(1) of the Principal Act, in the definition of Legal Profession Uniform Framework, for "Inter-Governmental" substitute "Intergovernmental".

5 New section 9A inserted

After section 9 of the Principal Act insert—

'9A Meaning of law firm

(1) The Legal Profession Uniform Law (Victoria) applies as if for the definition of law firm in section 6(1) there were substituted—

"law firm means a partnership consisting only of—

(a) Australian legal practitioners; or

(b) one or more Australian legal practitioners and one or more Australian-registered foreign lawyers; or

(c) incorporated legal practices; or

(d) one or more incorporated legal practices and one or more Australian legal practitioners; or

(e) one or more incorporated legal practices and one or more Australian-registered foreign lawyers; or

Part 4—Repeal of amending Act

Legal Profession Uniform Law Application Amendment Act 2015No. 8 of 2015

3

(f) one or more incorporated legal practices, one or more Australian legal practitioners and one or more Australian-registered foreign lawyers;".

(2) For the purposes of this Act and the Legal Profession Uniform Law (Victoria), a principal of a law practice that is referred to in paragraph (c) to (f) of the definition of law firm in subsection (1) includes an Australian legal practitioner who is a principal of an incorporated legal practice that forms part of the partnership.'.

6 Designation of local authorities and tribunals

(1) For section 10(1) of the Principal Act substitute—

"(1) The person or body specified in column 3 of Table 1 is the designated local regulatory authority for the purposes of a provision of the Legal Profession Uniform Law (Victoria) specified in the corresponding entry of column 2 of that Table.Note

See section 6 of the Legal Profession Uniform Law (Victoria) for the definition of designated local regulatory authority.

Table 1—Designated local regulatory authorities

Column 1

Item No.

Column 2Provision of Legal Profession Uniform Law (Victoria)

Column 3

Local regulatory authority

1 Section 14 Victorian Legal Services Board

2 Part 2.2 (except section 23)

Victorian Legal Admissions Board



4

Column 1

Item No.


Column 3


3 Section 23 Victorian Legal Services Board

4 Chapter 3 (except section 50(1))

Victorian Legal Services Board

5 Section 50(1) Victorian Bar

6 Chapter 4 Victorian Legal Services Board

7 Chapter 5 Victorian Commissioner

8 Chapter 6 Victorian Legal Services Board

9 Chapter 7 (except to the extent that it applies to complaint investigations)


10 Chapter 7 to the extent that it applies to complaint investigations

Victorian Commissioner

11 Section 421(2)(f) Victorian Legal Admissions Board

12 Section 436(1) Victorian Legal Admissions BoardVictorian Legal Services BoardVictorian Commissioner

13 Section 436(2) Victorian Legal Admissions Board

14 Section 437 Victorian Legal Admissions BoardVictorian Legal Services BoardVictorian Commissioner



5

Column 1

Item No.


Column 3


15 Section 446Section 447Section 453Section 466(7)

Schedule 3 (except clause 14)


16 Schedule 3, clause 14

Victorian Commissioner

".

(2) For section 10(3) of the Principal Act substitute—

"(3) The body specified in column 3 of Table 2 is the designated tribunal for the purposes of a provision of the Legal Profession Uniform Law (Victoria) specified in the corresponding entry of column 2 of that Table.Note

See section 6 of the Legal Profession Uniform Law (Victoria) for the definition of designated tribunal.



6

Table 2—Designated tribunals

Column 1

Item No.


Column 3

Designated tribunal

1 Section 23Section 100Section 101Section 119

VCAT

2 Section 120Section 198

Supreme Court

3 Section 247Section 248

A court that would have jurisdiction to determine the claim if it were a claim for a debt owing to the claimant

4 Division 3 of Part 5.4Part 5.5Section 314

VCAT

5 Part 6.5Section 356(4)(b)Section 358 to the extent that it applies in respect of a supervisor or manager

Supreme Court

6 Section 358 to the extent that it applies in respect of a receiver

Court of Appeal



7

Column 1

Item No.


Column 3

Designated tribunal

7 Section 453 A court that would have jurisdiction to order payment of the pecuniary penalty if it were a debt

8 Section 474(2) Any designated tribunal referred to in this table

".

7 New section 18A inserted

After section 18 of the Principal Act insert—

"18A Part 3 of Schedule 4 applies

Part 3 of Schedule 4 to the Legal Profession Uniform Law (Victoria) applies in Victoria.".

8 Interpretation of Legislation Act 1984—Definitions

In section 158 of the Principal Act, in paragraph (b) of the definition of Australian legal practitioner being inserted into section 38 of the Interpretation of Legislation Act 1984, for "non-participating" substitute "non-participant".

9 General transitional provisions

In section 163(1) and (2) of the Principal Act, for "Schedule" substitute "Part".

10 Insurance terms and conditions

In section 176 of the Principal Act, for "Service" substitute "Services".



8

11 Accident Compensation Act 1985

Items 1.1 and 1.3 of Schedule 2 to the Principal Act are repealed.

12 Co-operatives Act 1996 and Information Privacy Act 2000

Items 20 and 50 of Schedule 2 to the Principal Act are repealed.

13 Legal Aid Act 1978

In item 55.5 of Schedule 2 to the Principal Act, in the words being substituted into section 32(3) of the Legal Aid Act 1978, after "Part 4.3 of" insert "the".

14 Mental Health Act 1986 and Police Regulation Act 1958

Items 62 and 72 of Schedule 2 to the Principal Act are repealed.

15 Supreme Court Act 1986

(1) For item 93.2 of Schedule 2 to the Principal Act substitute—

'93.2 In section 17D(1)—

(a) after paragraph (e) insert—

"(ea) must conduct costs assessments under Division 7 of Part 4.3 of the Legal Profession Uniform Law (Victoria);";

(b) insert the following note at the foot of paragraph (f)—"Note

See clause 18 of Schedule 4 to the Legal Profession Uniform Law (Victoria)."'.

(2) Item 93.3 of Schedule 2 to the Principal Act is repealed.



9

16 Wills Act 1997

In item 111 of Schedule 2 to the Principal Act, for "sections 19C(1)(a) and 29(b)" substitute "section 19C(1)(a)".



10

Part 3—Legal Profession Uniform Law amended

17 Legal Profession Uniform Law

In this Part, Uniform Law means the Legal Profession Uniform Law set out in Schedule 1 to the Principal Act.

18 Definitions

In section 6(1) of the Uniform Law—

(a) in the definition of home jurisdiction, for "(d) in any" substitute "(e) in any";

(b) in the definition of Inter-Governmental Agreement, for "Inter-Governmental" substitute "Intergovernmental";

(c) in the note at the foot of the definition of Legal Profession Uniform Law Act, for "Inter-Governmental" substitute "Intergovernmental";

(d) in paragraph (a) of the definition of participating jurisdiction, for "Inter-Governmental" substitute "Intergovernmental";

(e) the note at the foot of the definition of Standing Committee is repealed.

19 Withdrawal of trust money

In section 144(2)(c)(i) of the Uniform Law, for "practice, and" substitute "practice; and".

20 Disclosure obligations of law practice regarding clients

(1) In section 174(4) and (5) of the Uniform Law, after "matter" insert "(excluding GST and disbursements)".



11

(2) After section 174(5) of the Uniform Law insert—

"(5A) To avoid doubt, the uniform standard disclosure form prescribed by the Uniform Rules for the purposes of subsection (5) may require the disclosure of GST or disbursements or both.".

(3) In section 174(7) and (8) of the Uniform Law, for "the legal costs" substitute "the total legal costs (excluding GST and disbursements)".

(4) Section 174(9) of the Uniform Law is repealed.

21 Decisions of Standing Committee

The note at the foot of section 392(3) of the Uniform Law is repealed.

22 Provisions relating to Council

The note at the foot of section 395(4) of the Uniform Law is repealed.

23 Development of Admission Rules

In section 426(3)(b) of the Uniform Law omit "or to the Law Council of Australia or Australian Bar Association or both (as the case requires)".

24 Service of notices on Council, Commissioner, Admissions Committee, local regulatory authority or delegate

In section 443 of the Uniform Law, after "any" insert "of".

25 Terms of office of members

Clause 3(2) of Schedule 1 to the Uniform Law is repealed.



12

26 Diversity of membership

In clause 4(1) of Schedule 1 to the Uniform Law—

(a) paragraph (a) is repealed;

(b) in paragraph (b) omit "(other than the first operational term of the Council)".

27 New clause 17 inserted into Schedule 3

After clause 16 of Schedule 3 to the Uniform Law insert—

"17 Disclosure of information

A relevant person within the meaning of section 439 may disclose information obtained in the administration of this Law or the Uniform Rules to a person or body in a non-participating jurisdiction in relation to a function of that person or body under a corresponding law.".

28 Standing Committee and First operational term of Council

Clauses 6 and 7 of Schedule 4 to the Uniform Law are repealed.



13

Part 4—Repeal of amending Act29 Repeal of amending Act

This Act is repealed on the first anniversary of its commencement.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

═══════════════



14

Endnotes1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

Endnotes


15

http://www.legislation.vic.gov.au/

† Minister's second reading speech—

Legislative Assembly: 25 February 2015

Legislative Council: 19 March 2015

The long title for the Bill for this Act was "A Bill for an Act to amend the Legal Profession Uniform Law Application Act 2014 and for other purposes."

Documents

Legal Profession Uniform Law Application Amendment Act 2015FILE/15-008a.docx · Web view2015-04-21 · Legal Profession Uniform Law Application Amendment ... who is a principal