Legal Profession Act 2006

This Act may be cited as the Legal Profession Act 2006.

This Act commences on the date fixed by the Administrator by Gazette notice.

The main purposes of this Act are as follows:

to promote the administration of justice;

to provide for the protection of consumers of legal services and the public generally;

to regulate legal practice in this jurisdiction, including the legal practice of foreign law by foreign lawyers;

to facilitate the regulation of legal practice on a national basis.

Part 1.2 Interpretation

For this Act:

an Australian lawyer is a person who is admitted to the legal profession under this Act or a corresponding law; and

a local lawyer is a person who is admitted to the legal profession under this Act (whether or not the person is also admitted under a corresponding law); and

an interstate lawyer is a person who is admitted to the legal profession under a corresponding law, but not under this Act.

For this Act:

an Australian legal practitioner is an Australian lawyer who holds a current local practising certificate or a current interstate practising certificate; and

a local legal practitioner is an Australian lawyer who holds a current local practising certificate; and

an interstate legal practitioner is an Australian lawyer who holds a current interstate practising certificate, but not a local practising certificate.

For this Act, an associate of a law practice is:

an Australian legal practitioner who is:

a sole practitioner (in the case of a law practice constituted by the practitioner); or

a partner in the law practice (in the case of a law firm); or

a legal practitioner director in the law practice (in the case of an incorporated legal practice); or

a legal practitioner partner in the law practice (in the case of a multi-disciplinary partnership); or

an employee of, or consultant to, the law practice; or

an agent of the law practice who is not an Australian legal practitioner; or

an employee of the law practice who is not an Australian legal practitioner; or

an Australian-registered foreign lawyer who is a partner in the law practice; or

a person (not being an Australian legal practitioner) who is a partner in a multi-disciplinary partnership; or

an Australian-registered foreign lawyer who has a relationship with the law practice, being a relationship that is of a class prescribed by the regulations.

For this Act:

a legal practitioner associate of a law practice is an associate of the practice who is an Australian legal practitioner; and

a lay associate of a law practice is an associate of the practice who is not an Australian legal practitioner.

For this Act, a principal of a law practice is an Australian legal practitioner who is:

a sole practitioner (in the case of a law practice constituted by the practitioner); or

a partner in the law practice (in the case of a law firm); or

a legal practitioner director in the law practice (in the case of an incorporated legal practice); or

a legal practitioner partner in the law practice (in the case of a multi-disciplinary partnership).

This section has effect for this Act.

The home jurisdiction for an Australian legal practitioner is the jurisdiction in which the practitioner's only or most recent current Australian practising certificate was granted.

The home jurisdiction for an Australian-registered foreign lawyer is the jurisdiction in which the lawyer's only or most recent current registration was granted.

The home jurisdiction for an associate of a law practice who is neither an Australian legal practitioner nor an Australian-registered foreign lawyer is:

where only one jurisdiction is the home jurisdiction for the only associate of the practice who is an Australian legal practitioner or for all the associates of the practice who are Australian legal practitioners – that jurisdiction; or

where no one jurisdiction is the home jurisdiction for all the associates of the practice who are Australian legal practitioners:

the jurisdiction in which the office is situated at which the associate performs most of the associate's duties for the law practice; or

if a jurisdiction cannot be determined under subparagraph (i) –

the jurisdiction in which the associate is enrolled under a law of the jurisdiction to vote at elections for the jurisdiction; or

if a jurisdiction cannot be determined under subparagraph (i) or (ii) – the jurisdiction decided in accordance with criteria specified or referred to in the regulations.

Admission to the legal profession is admission under this Act or a corresponding law by a Supreme Court as:

a lawyer; or

a legal practitioner; or

a barrister; or

a solicitor; or

a barrister and solicitor; or

a solicitor and barrister.

However, admission to the legal profession does not include the grant of a practising certificate under this Act or a corresponding law.

Approved academic qualifications are academic qualifications approved, under the admission rules, for admission to the legal profession in this jurisdiction.

Approved practical legal training requirements are legal training requirements approved, under the admission rules, for admission to the legal profession in this jurisdiction.

Corresponding academic qualifications are academic qualifications that would qualify the person for admission to the legal profession in another jurisdiction if the Admission Board is satisfied substantially the same minimum criteria apply for the approval of academic qualifications for admission in the other jurisdiction as apply in this jurisdiction.

Corresponding practical legal training requirements are legal training requirements that would qualify the person for admission to the legal profession in another jurisdiction if the Board is satisfied substantially the same minimum criteria apply for the approval of legal training requirements for admission in the other jurisdiction as apply in this jurisdiction.

For this section, the Board may satisfy itself regarding the minimum criteria for the approval of academic qualifications, or legal training requirements, for admission in another jurisdiction by considering appropriate advice from an authority of the other jurisdiction that the criteria were established consistently with relevant agreed standards.

Accordingly, the Board need not examine (in detail or at all) the content of courses of legal study or legal training requirements prescribed in the other jurisdiction.

The regulations may identify or provide a way of identifying the agreed standards.

Each of the following is a suitability matter in relation to an individual:

whether the person is currently of good fame and character;

whether the person is or has been an insolvent under administration;

whether the person has been convicted of an offence in Australia or a foreign country, and if so:

the nature of the offence; and

how long ago the offence was committed; and

the person's age when the offence was committed;

whether the person engaged in legal practice in Australia:

when not admitted, or not holding a practising certificate, as required under this Act or a previous law of this jurisdiction that corresponds to this Act or under a corresponding law; or

if admitted, in contravention of a condition on which admission was granted; or

if holding an Australian practising certificate, in contravention of a condition of the certificate or while the certificate was suspended;

whether the person has practised law in a foreign country:

when not permitted by or under a law of that country to do so; or

if permitted to do so, in contravention of a condition of the permission;

whether the person is currently subject to an unresolved complaint, investigation, charge or order under any of the following:

this Act or a previous law of this jurisdiction that corresponds to this Act;

a corresponding law or corresponding foreign law;

whether the person:

is the subject of current disciplinary action, however expressed, in another profession or occupation in Australia or a foreign country; or

has been the subject of disciplinary action, however expressed, relating to another profession or occupation that involved a finding of guilt;

whether the person has been found to have engaged in academic dishonesty (including, for example, plagiarism);

whether the person's name has been removed from:

a local roll, and has not since been restored to or entered on a local roll; or

an interstate roll, and has not since been restored to or entered on an interstate roll; or

a foreign roll;

whether the person's right to engage in legal practice has been suspended or cancelled in Australia or a foreign country;

whether the person has contravened, in Australia or a foreign country, a law about trust money or trust accounts;

whether, under this Act, a law of the Commonwealth or a corresponding law, a supervisor, manager or receiver, however described, is or has been appointed in relation to any legal practice engaged in by the person;

whether the person is or has been subject to an order, under this

Act, a law of the Commonwealth or a corresponding law, disqualifying the person from being employed by, or a partner of, an Australian legal practitioner or from managing a corporation that is an incorporated legal practice;

whether the person currently has a material inability to engage in legal practice.

A matter is a suitability matter even if it happened before the commencement of this section.

If a charge or conviction is expunged under the Expungement of Historical Homosexual Offence Records Act 2018 or Part

XI, Division 18, of the Criminal Code:

the person is to be treated under this Act as if the person had never committed or been charged with, prosecuted for, convicted of or sentenced for the offence; and

the expunged charge or conviction is not a suitability matter;

and

section 94 does not apply in respect of the expunged charge or conviction.

A corresponding authority is:

a person or body having powers or functions under a corresponding law; or

when used in the context of a person or body having powers or functions under this Act (the local authority), a person or body having corresponding powers or functions under a corresponding law.

Without limiting subsection (1)(b), if the powers or functions of the local authority relate to local lawyers or local legal practitioners generally or are limited to any particular class of local lawyers or local legal practitioners, a person or body having corresponding powers or functions under a corresponding law is a corresponding authority to the local authority.

Subsection (2) applies regardless of whether the powers or functions relate to interstate lawyers or interstate legal practitioners generally or are limited to any particular class of interstate lawyers or interstate legal practitioners.

A corresponding disciplinary body is:

a court or tribunal having powers or functions under a corresponding law that correspond to any of the powers and functions of the Disciplinary Tribunal; or

the Supreme Court of another jurisdiction exercising:

its inherent jurisdiction or powers in relation to the control and discipline of any Australian lawyers; or

its jurisdiction or powers to make orders under a corresponding law of the other jurisdiction in relation to any Australian lawyers.