Professional conduct by officers of commission
13 Professional conduct by officers of commission
An officer of the commission, when practising as, or exercising any of the functions of, a solicitor, or exercising a right of audience in a court or before a tribunal, under this Act—
shall observe the same rules and standards of professional conduct and ethics as those that a private legal practitioner is, by law or the custom of the legal profession, required to observe in the practice of the practitioner’s profession; and
is subject to the same professional duties as those to which a private legal practitioner is subject, by law or the custom of the legal profession, in the practice of the practitioner’s profession.
Subject to section 92AA, the like privileges as those that arise from the relationship of client and solicitor acting in the solicitor’s professional capacity and in the course of the solicitor’s professional employment shall arise between a person who has applied for legal assistance, or to whom legal assistance is being provided, under this Act and a statutory officer of the commission who practises as, or exercises any of the functions of, a solicitor for the person under this Act.
For the application of subsection (1) in respect of an officer of the commission who is practising as, or exercising any of the functions of, a solicitor, or is exercising a right of audience in a court or before a tribunal, in the ACT on behalf of a legally assisted person—
if there are no assistant executive officers—
the chief executive officer shall be deemed to be a solicitor lawfully practising on the officer’s own account in the ACT and retained by the person to act on the person’s behalf; and
the members of the staff of the commission shall be deemed to be employed by the chief executive officer; or
if there is an assistant executive officer or there are assistant executive officers—
the chief executive officer and the assistant executive officer or assistant executive officers shall be deemed to be a firm of solicitors lawfully practising in partnership in the ACT and retained by the person to act on the person’s behalf; and
the members of the staff of the commission shall be deemed to be employed by that firm.
Part 3 Board of commission
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