Temporary engagement of supervising legal practitioner
229 Temporary engagement of supervising legal practitioner
(1) A complying community legal centre may apply to the Law Society for approval to temporarily engage the legal practitioner named in the application to be the centre's supervising legal practitioner.
The Society may give written approval only if it is satisfied:
(a) the practitioner is an Australian legal practitioner who holds an unrestricted practising certificate; and
(b) it is not practicable for the centre to employ a supervising legal practitioner; and
(c) the person will be able to properly supervise the provision of legal services at the centre; and
(d) the benefits of the temporary engagement to the centre's clients or potential clients will outweigh the disadvantage that would be caused to the clients if the centre were unable to provide legal services.
(3) The approval is for the period, not exceeding 12 weeks, specified in it.
(4) The centre may apply to the Society for further approvals under this section.
(5) If the Society refuses to give an approval under this section it must, as soon as practicable:
publish particulars of the refusal in the Gazette; and
give notice of the refusal to the Statutory Supervisor.
Within 30 days after receiving the notice, the Supervisor:
must review the Society's decision; and
must:
refuse to revoke the decision; or
revoke the decision and approve the application.
(7) The Supervisor may revoke the decision and approve the application only if satisfied it is in the public interest to do so.
(8) If the Supervisor revokes the decision and approves the application, the Supervisor must:
publish notice of the decision in the Gazette; and
give the Society written reasons for the decision.
This Act’s bill:Explanatory statementSecond reading speech
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