Legal Profession Uniform Law Application Amendment Act .Legal Profession Uniform Law Application

  • View
    212

  • Download
    0

Embed Size (px)

Text of Legal Profession Uniform Law Application Amendment Act .Legal Profession Uniform Law Application

  • Authorised Version

    Legal Profession Uniform Law Application Amendment Act 2015

    No. 8 of 2015

    TABLE OF PROVISIONS Section Page

    Part 1Preliminary 1

    1 Purpose 1 2 Commencement 2 3 Principal Act 2

    Part 2Legal Profession Uniform Law Application Act 2014 amended 3

    4 Definitions 3 5 New section 9A inserted 3 6 Designation of local authorities and tribunals 4 7 New section 18A inserted 8 8 Interpretation of Legislation Act 1984Definitions 8 9 General transitional provisions 8 10 Insurance terms and conditions 8 11 Accident Compensation Act 1985 9 12 Co-operatives Act 1996 and Information Privacy Act 2000 9 13 Legal Aid Act 1978 9 14 Mental Health Act 1986 and Police Regulation Act 1958 9 15 Supreme Court Act 1986 9 16 Wills Act 1997 10

    Part 3Legal Profession Uniform Law amended 11

    17 Legal Profession Uniform Law 11 18 Definitions 11 19 Withdrawal of trust money 11 20 Disclosure obligations of law practice regarding clients 11 21 Decisions of Standing Committee 12 22 Provisions relating to Council 12 23 Development of Admission Rules 12 24 Service of notices on Council, Commissioner, Admissions

    Committee, local regulatory authority or delegate 12 25 Terms of office of members 12 26 Diversity of membership 13 27 New clause 17 inserted into Schedule 3 13 28 Standing Committee and First operational term of Council 13

    Authorised by the Chief Parliamentary Counsel i

  • Section Page

    Part 4Repeal of amending Act 14 29 Repeal of amending Act 14

    Endnotes 15 1 General information 15

    ii

    Authorised by the Chief Parliamentary Counsel

  • Authorised Version

    Legal Profession Uniform Law

    Application Amendment Act 2015 No. 8 of 2015

    [Assented to 21 April 2015]

    The Parliament of Victoria enacts:

    Part 1Preliminary 1 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

    Authorised by the Chief Parliamentary Counsel 1

  • Part 1Preliminary

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

    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.

    2

    Authorised by the Chief Parliamentary Counsel

  • Part 2Legal Profession Uniform Law Application Act 2014 amended

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

    Part 2Legal 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

    3

    Authorised by the Chief Parliamentary Counsel

  • Part 2Legal Profession Uniform Law Application Act 2014 amended

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

    (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 1Designated local regulatory authorities

    Column 1 Item No.

    Column 2 Provision 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

    Authorised by the Chief Parliamentary Counsel

  • Part 2Legal Profession Uniform Law Application Act 2014 amended

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

    Column 1 Item No.

    Column 2 Provision of Legal Profession Uniform Law (Victoria)

    Column 3 Local regulatory authority

    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)

    Victorian Legal Services Board

    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 Board Victorian Legal Services Board Victorian Commissioner

    13 Section 436(2) Victorian Legal Admissions Board

    14 Section 437 Victorian Legal Admissions Board Victorian Legal Services Board Victorian Commissioner

    5

    Authorised by the Chief Parliamentary Counsel

  • Part 2Legal Profession Uniform Law Application Act 2014 amended

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

    Column 1 Item No.

    Column 2 Provision of Legal Profession Uniform Law (Victoria)

    Column 3 Local regulatory authority

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

    Schedule 3 (except clause 14)

    Victorian Legal Services Board

    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

    Authorised by the Chief Parliamentary Counsel

  • Part 2Legal Profession Uniform Law Application Act 2014 amended

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

    Table 2Designated tribunals

    Column 1 Item No.

    Column 2 Provision of Legal Profession Uniform Law (Victoria)

    Column 3 Designated tribunal

    1 Section 23 Section 100 Section 101 Section 119

    VCAT

    2 Section 120 Section 198

    Supreme Court

    3 Section 247 Section 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 5.4 Part 5.5 Section 314

    VCAT

    5 Part 6.5 Section 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

    Authorised by the Chief Parliamentary Counsel

  • Part 2Legal Profession Uniform Law Application Act 2014 amended

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

    Column 1 Item No.

    Column 2 Provision of Legal Profession Uniform Law (Victoria)

    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 1984Definitions 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

    Authorised by the Chief Parliamentary Counsel

  • Part 2Legal Profession Uniform Law Application Act 2014 ame