Disclosure obligations
130 Disclosure obligations
(1) A person (the legal practitioner) is guilty of an offence if:
(a) someone else (the client) engages an incorporated legal practice to provide services (the required services) that the client might reasonably assume to be legal services; and
(b) the practice provides services other than legal services in this jurisdiction; and
the legal practitioner is:
a legal practitioner director of the practice; or
(ii) an employee of the practice who is an Australian legal practitioner and provides the required services on behalf of the practice; and
(d) the legal practitioner fails to ensure a disclosure, complying with the requirements of this section and the regulations made for this section, is made to the client about the required services.
Maximum penalty: 100 penalty units.
The disclosure must be made by giving the person written notice:
specifying the services to be provided; and
(b) specifying whether or not all the legal services to be provided will be provided by an Australian legal practitioner; and
(c) if some or all of the legal services to be provided will not be provided by an Australian legal practitioner – identifying the services and indicating the status or qualifications of the person or persons who will provide the services; and
(d) specifying that this Act applies to the provision of legal services but not to the provision of the non-legal services.
Example of status of person for subsection (2)(c)
A conveyancing agent as defined in the Agents Licensing Act 1979.
The regulations may provide for any of the following:
how a disclosure must be made;
(b) additional matters required to be disclosed in relation to the provision of legal services or non-legal services by an incorporated legal practice.
(4) Without limiting subsection (3), the additional matters may include the kind of services provided by the incorporated legal practice and whether the services are or are not covered by the insurance or other provisions of this Act.
(5) A disclosure under this section to a person about the provision of legal services may relate to the provision of legal services on one occasion or on more than one occasion or on an on-going basis.
This provision refers to the regulations (the regulations
, The regulations may provide
). Made under this Act:
This Act’s bill:Explanatory statementSecond reading speech
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