Disclosure obligations
159 Disclosure obligations
(1) A person (the legal practitioner) is guilty of an offence if:
(a) someone else (the client) engages a multi-disciplinary partnership to provide services (the required services) that the client might reasonably assume to be legal services; and
the legal practitioner is:
a legal practitioner partner of the partnership; or
(ii) an employee of the partnership who is an Australian legal practitioner and provides the required services on behalf of the partnership; and
(c) the legal practitioner fails to ensure a disclosure, complying with the requirements of this section and regulations made for this section, is made to the client in relation to the provision of 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 those 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 for subsection (2)(c)
A conveyancing agent as defined in the Agents Licensing Act 1979.
(3) The regulations may make provision for or with respect to any of the following:
the way in which disclosure is to be made;
(b) additional matters required to be disclosed in connection with the provision of legal services or non-legal services by a multi‑disciplinary partnership.
(4) Without limiting subsection (3), the additional matters may include the kind of services provided by the multi-disciplinary partnership 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 may make
). Made under this Act:
This Act’s bill:Explanatory statementSecond reading speech
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