Conduct to which this Chapter applies – generally
468 Conduct to which this Chapter applies – generally
(1) Subject to subsection (3), this Chapter applies to conduct of an Australian legal practitioner occurring in this jurisdiction.
(2) This Chapter also applies to an Australian legal practitioner's conduct occurring outside this jurisdiction, but only:
(a) if it is part of a course of conduct that has occurred partly in this jurisdiction and partly in another jurisdiction, and either:
(i) the regulatory authority of each other jurisdiction in which the conduct has occurred consents to its being dealt with under this Act; or
(ii) the complainant and the practitioner consent to its being dealt with under this Act; or
(b) if it occurs in Australia but wholly outside this jurisdiction and the practitioner is a local lawyer or local legal practitioner, and either:
(i) the regulatory authority of each jurisdiction in which the conduct has occurred consents to its being dealt with under this Act; or
(ii) the complainant and the practitioner consent to its being dealt with under this Act; or
if:
it occurs wholly or partly outside Australia; and
(ii) the practitioner is a local lawyer or a local legal practitioner.
(3) This Chapter does not apply to conduct occurring in this jurisdiction if:
(a) the Law Society consents to its being dealt with under a corresponding law; or
(b) the complainant and the Australian legal practitioner consent to its being dealt with under a corresponding law.
(4) Subsection (3) does not apply if the conduct is not capable of being dealt with under the corresponding law.
(5) The Society may give consent for subsection (3)(a), and may do so conditionally or unconditionally.
This Act’s bill:Explanatory statementSecond reading speech
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