Particulars for register of locally-registered foreign lawyers—Act, s 201
28 Particulars for register of locally-registered foreign lawyers—Act, s 201
The particulars mentioned in subsections (2) and (3) are prescribed as particulars to be included in the register under the Act, section 201 (Register of locally-registered foreign lawyers) in relation to a locally-registered foreign lawyer, unless the relevant council is required under subsection (5) not to include them.
The following are the particulars:
the name of the foreign lawyer;
the contact details of the office of the foreign lawyer in the ACT;
any other particulars that the relevant council considers should be included.
For a foreign lawyer who practices in the manner of a solicitor, the following are additional particulars:
the name of the partnership of which the lawyer is a member or employee or, if the lawyer is not a member or employee of a partnership, the name of the entity of which the lawyer is a director, officer or employee or with which the lawyer is otherwise engaged in legal practice;
by way of separate entry, the name of the partnership or other entity and the contact details of the office of the partnership or other entity—
in the ACT; and
in any other jurisdictions where it has an office, except if the relevant council considers those particulars need not be included for an entity that is not a law practice;
details of the foreign registration authority or authorities by which the lawyer is registered to engage in legal practice in a foreign country or foreign countries;
any other particulars about the lawyer, partnership or other entity that the relevant council considers should be included.
A locally-registered foreign lawyer may ask the relevant council, in writing, not to include in the register stated particulars about the lawyer, partnership or other entity, on the ground that special circumstances justify the particulars not being publicly available.
Example—special circumstances
if the safety or wellbeing of someone would be substantially affected by making the particulars publicly available
If the relevant council is satisfied that the special circumstances exist, the relevant council is required not to include the particulars in the register unless the relevant council considers that the public interest in maintaining public access to the particulars outweighs any individual interest in the particulars not being publicly available.
In this section:
contact details for an office means—
its street address, that is, the address where it is physically located; and
its postal address, that is, its post office box number (if any) and the location and postcode of the post office where the box is kept; and
its DX address, that is, the number of its exchange box (if any) in a document exchange.
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