Practitioners to whom this Chapter applies
467 Practitioners to whom this Chapter applies
(1) This Chapter applies to an Australian legal practitioner in respect of conduct to which this Chapter applies and so applies:
whether or not the practitioner is a local lawyer; and
(b) whether or not the practitioner holds a local practising certificate; and
(c) whether or not the practitioner holds an interstate practising certificate; and
(d) whether or not the practitioner resides or has an office in this jurisdiction; and
(e) whether or not the person making a complaint about the conduct resides, works or has an office in this jurisdiction.
However, this Chapter does not apply to the following people:
a judicial officer;
a justice of the High Court;
a judge of a court created by a Commonwealth Act;
(ca) a member of NTCAT in relation to any matter that may be the subject of a complaint under the Judicial Commission Act 2020;
(d) a judge of a court, or a judicial member of a tribunal, of a State or another Territory.
(3) A provision of this Act or any other Act that protects a person from any action, liability, claim or demand in relation to any act or omission of the person does not affect the application of this Chapter to the person in relation to the act or omission.
(4) For this Chapter, conduct of an Australian legal practitioner in the exercise of a function as an arbitrator is conduct happening in connection with the practice of law.
(5) However, conduct in relation to any justiciable aspect of decision making by an arbitrator is not conduct happening in connection with the practice of law for this Chapter.
(6) For this Chapter, conduct of an Australian legal practitioner is not conduct happening in connection with the practice of law to the extent that it is conduct engaged in the exercise of an executive or administrative function under an Act as:
a government employee or statutory office holder; or
(b) a local government council or a member, officer or employee of a local government council.
In this section:
government agency means:
an Agency; or
(b) a government department (however described) of another jurisdiction or of the Commonwealth;
and includes an entity prescribed by the regulations.
government employee means a person employed in a government agency.
judicial officer means:
a Supreme Court Judge; or
an Associate Judge; or
a Local Court Judge.
This provision refers to the regulations (prescribed by the regulations
). Made under this Act:
This Act’s bill:Explanatory statementSecond reading speech
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