Legal Profession Uniform Law Application Amendment Act 2015 · Legal Profession Uniform Law Application ... incorporated legal practice that forms part of ... Legal Profession Uniform

Authorised Version

Legal Profession Uniform Law Application Amendment Act 2015

No. 8 of 2015

TABLE OF PROVISIONS Section Page

Part 1—Preliminary 1

1 Purpose 1 2 Commencement 2 3 Principal Act 2

Part 2—Legal 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 1984—Definitions 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 3—Legal 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 4—Repeal of amending Act 14 29 Repeal of amending Act 14

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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 1—Preliminary 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 1—Preliminary

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.

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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

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(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 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

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Column 1 Item No.



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 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

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Column 1 Item No.



15 Section 446 Section 447 Section 453 Section 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.

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Table 2—Designated tribunals

Column 1 Item No.


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

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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".

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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.

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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)".

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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)".

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(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.

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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.

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Part 4—Repeal of amending Act


Part 4—Repeal of amending Act 29 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).

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Endnotes


Endnotes 1 General information

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

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

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Legal Profession Uniform Law Application Amendment Act 2015 · Legal Profession Uniform Law Application ... incorporated legal practice that forms part of ... Legal Profession Uniform