Legal Profession Act 2007

This Act may be cited as the Legal Profession Act 2007.

This Act, other than the following provisions, commences on a day to be fixed by proclamation—

• part 3.2, divisions 1 to 4, other than sections 217, 223 and 226

• part 7.6, division 6, other than section 698.

The main purposes of this Act are as follows—

to provide for the regulation of legal practice in this jurisdiction in the interests of the administration of justice and for the protection of consumers of the services of the legal profession and the public generally;

to facilitate the regulation of legal practice on a national basis across State borders.

The dictionary in schedule 2 defines particular words used in this Act.

An Australian lawyer is a person who is admitted to the legal profession under this Act or a corresponding law.

A local lawyer is a person who is admitted to the legal profession under this Act, whether or not the person is also admitted under a corresponding law.

An interstate lawyer is a person who is admitted to the legal profession under a corresponding law, but not under this Act.

In this section—this Act includes a previous Act.

An Australian legal practitioner is an Australian lawyer who holds a current local practising certificate or a current interstate practising certificate.

A local legal practitioner is an Australian lawyer who holds a current local practising certificate.

An interstate legal practitioner is an Australian lawyer who holds a current interstate practising certificate, but not a local practising certificate.

An associate, of a law practice, is—

an Australian legal practitioner who is—

a sole practitioner if the law practice is constituted by the practitioner; or

a partner in the law practice if the law practice is a law firm; or

a legal practitioner director in the law practice if the law practice is an incorporated legal practice; or

a legal practitioner partner in the law practice if the law practice is a multi-disciplinary partnership; or

an employee of, or consultant to, the law practice; or

an agent of the law practice who is not an Australian legal practitioner; or

an employee of the law practice who is not an Australian legal practitioner; or

an Australian-registered foreign lawyer who is a partner in the law practice; or

a person who is a partner in the multi-disciplinary partnership but who is not an Australian legal practitioner; or

an Australian-registered foreign lawyer who has a relationship with the law practice, that is a class of relationship prescribed under a regulation.

A legal practitioner associate, of a law practice, is an associate of the practice who is an Australian legal practitioner.

A lay associate, of a law practice, is an associate of the practice who is not an Australian legal practitioner.

A principal, of a law practice, is an Australian legal practitioner who is—

a sole practitioner if the law practice is constituted by the practitioner; or

a partner in the law practice if the law practice is a law firm; or

a legal practitioner director in the law practice if the law practice is an incorporated legal practice; or

a legal practitioner partner in the law practice if the law practice is a multi-disciplinary partnership.

The home jurisdiction, for an Australian legal practitioner, is the jurisdiction in which the practitioner’s only or most recent current Australian practising certificate was granted.

The home jurisdiction, for an Australian-registered foreign lawyer, is the jurisdiction in which the lawyer’s only or most recent current registration was granted.

The home jurisdiction, for an associate of a law practice who is neither an Australian legal practitioner nor an Australian-registered foreign lawyer, is—

if only 1 jurisdiction is the home jurisdiction for the only associate of the practice who is an Australian legal practitioner or for all the associates of the practice who are Australian legal practitioners—that jurisdiction; or

if no 1 jurisdiction is the home jurisdiction for all the associates of the practice who are Australian legal practitioners—

the jurisdiction in which the office is situated at which the associate performs most of his or her duties for the practice; or

if a jurisdiction can not be decided under subparagraph (i)—the jurisdiction in which the associate is enrolled under a law of the jurisdiction to vote at elections for the jurisdiction; or

if a jurisdiction can not be decided under subparagraph (i) or (ii)—the jurisdiction decided under criteria prescribed under a regulation.

Each of the following is a suitability matter in relation to a natural person—

whether the person is currently of good fame and character;

whether the person is or has been an insolvent under administration;

whether the person is or has been a legal practitioner director of an incorporated legal practice while the practice is or was a chapter 5 body corporate;

whether the person is or has been a director of a corporation while the corporation is or was a chapter 5 body corporate;

whether the person has been convicted of an offence in Australia or a foreign country, and if so—

the nature of the offence; and

how long ago the offence was committed; and

the person’s age when the offence was committed;

whether the person engaged in legal practice in Australia—

when not admitted to the legal profession, or not holding a practising certificate, as required under a relevant law or a corresponding law; or

if admitted to the legal profession, in contravention of a condition on which admission was granted; or

if holding an Australian practising certificate, in contravention of a condition applicable to the certificate or while the certificate was suspended;

whether the person has practised law in a foreign country—

when not permitted under a law of that country to do so; or

if permitted to do so, in contravention of a condition of the permission;

whether the person is currently subject to an unresolved complaint, investigation, charge or order under any of the following—

a relevant law;

a corresponding law;

a corresponding foreign law;

whether the person—

is the subject of current disciplinary action, however expressed, in another profession or occupation in Australia or a foreign country; or

has been the subject of disciplinary action, however expressed, relating to another profession or occupation that involved a finding of guilt;

whether the person’s name has been removed from—

a local roll but has not since been restored to or entered on a local roll; or

an interstate roll, but has not since been restored to or entered on an interstate roll; or

a foreign roll;

whether the person’s right to engage in legal practice has been suspended or cancelled in Australia or a foreign country;

whether the person has contravened, in Australia or a foreign country, a law about trust money or trust accounts;

whether, under a relevant law, a law of the Commonwealth or a corresponding law, a supervisor, manager or receiver, however described, is or has been appointed in relation to any legal practice engaged in by the person;

whether the person is or has been subject to an order under this Act, a previous Act, a law of the Commonwealth or a corresponding law, disqualifying the person from being employed by, or a partner of, an Australian legal practitioner or from managing a corporation that is an incorporated legal practice;

whether the person currently is unable to satisfactorily carry out the inherent requirements of practice as an Australian legal practitioner;

a matter declared under an Act to be a suitability matter.

A matter under subsection (1) is a suitability matter even though it happened before the commencement of this section.

An information notice is a written notice to a person about a decision relating to the person stating—

if the person may apply to the tribunal for a review of the decision—the matters mentioned in the QCAT Act, section 157(2); or

otherwise—

the decision; and

the reasons for the decision; and

if the person may appeal under this Act, that the person may appeal against the decision to the Supreme Court and the day by which the appeal must be started.

A provision under this Act may provide that an information notice relevant to the provision must include other stated information.

If a person may apply for a review, or appeal, within a number of days after the day the information notice is given to the person, a defect in the notice does not affect the person’s right to apply for review or to appeal in relation to the matters dealt with in the information notice.

A conviction, for an offence, includes either of the following whether or not a conviction is recorded on sentence—

a finding of guilt;

the acceptance of a guilty plea.

Without limiting subsection (1), quashing a conviction, for an offence—

includes quashing—

a finding of guilt for the offence; or

the acceptance of a guilty plea for the offence; and

does not include quashing a conviction if—

a finding of guilt in relation to the offence remains unaffected; or

the acceptance of a guilty plea in relation to the offence remains unaffected.

A conviction includes a conviction before the commencement of this section.

Note—See also the Criminal Law (Rehabilitation of Offenders) Act 1986, section 9A, table, items 24 and 25.

A government legal officer is a person whose employment or appointment in any of the following includes or may include engaging in legal practice—

a department of this jurisdiction, the commission, or an agency prescribed under a regulation;Note—Under the Public Sector Act 2022, section 274, this Act applies to a public service entity mentioned in the Public Sector Act 2022, section 9(b) and its employees as if the entity were a department.

a department of government of the Commonwealth;

a department of government of another jurisdiction;

an agency of another jurisdiction if, under a corresponding law of that jurisdiction, a person engaging in legal practice for the agency is exempted from holding a practising certificate or otherwise does not require a practising certificate.

A government legal officer is engaged in government work when the government legal officer is engaged in legal practice in the course of the officer’s duties for the entity in relation to which the person is an employee or appointee.Example of engaged in government work—A public service officer employed by the Department of Justice and Attorney-General is engaged in legal practice at the Department of Education. The officer’s duties for the Department of Justice and Attorney-General while working at the Department of Education include providing advice to that department as a client of the Department of Justice and Attorney-General.

For an agency prescribed for subsection (1)(a), a regulation may state activities that are, or are not, government work.

If a provision under this Act does not apply to a government legal officer engaged in government work, the provision applies to the person who is the government legal officer if the person is engaging in legal practice other than being engaged in government work.

If a government legal officer holds a practising certificate from the bar association, a condition of the barrister’s practising certificate about only practising as a barrister does not apply to the government legal officer to the extent that the government legal officer practises as a solicitor as part of engaging in government work.

A government legal officer who is an Australian lawyer does not have any fewer rights, privileges, protections or immunities than an Australian lawyer who is not a government legal officer.

A government legal officer who is not an Australian lawyer is subject to the same limitations and obligations to which a government legal officer who is an Australian lawyer is subject.

The provisions of this Act about the fidelity fund do not apply to a government legal officer in his or her capacity as a government legal officer engaged in government work even if the government legal officer is the holder of a practising certificate.

A government legal officer who is an Australian lawyer but does not hold a current local practising certificate may—

if the officer was admitted to the legal profession as a barrister before 1 July 2004 or engages in government work in the manner of a barrister—call himself or herself a barrister or another term that describes the way the officer engages in government work; or

if the officer was admitted to the legal profession as a solicitor before 1 July 2004 or engages in government work in the manner of a solicitor—call himself or herself a solicitor or another term that describes the way the officer engages in government work.

Without limiting another subsection, if under an Act an Australian lawyer is allowed to witness a document even though the lawyer does not hold a current local practising certificate—

nothing in this section prevents a government legal officer who is an Australian lawyer but does not hold a current local practising certificate from witnessing the document; and

when witnessing the document, the government legal officer may include a description or title that is correct at the time, including, for example—

the title of lawyer or Australian lawyer; or

another title involving the government legal officer’s employment or appointment as mentioned subsection (1).

For a person whose employment or appointment in a department of government of the Commonwealth includes or may include engaging in legal practice as mentioned in subsection (1)(b), this Act is subject to the Judiciary Act 1903 (Cwlth).