Conduct to which this chapter applies—generally
423 Conduct to which this chapter applies—generally
Subject to subsection (3), this chapter applies to conduct of an Australian legal practitioner happening in this jurisdiction whether before or after the commencement of this section.
Also, this chapter applies to an Australian legal practitioner’s conduct happening outside this jurisdiction, whether or not the conduct was engaged in before or after the commencement of this section, but only—
if the conduct is part of a course of conduct that happened partly in this jurisdiction and partly in another jurisdiction, and either—
the corresponding authority of each other jurisdiction in which the conduct happened consents to it being dealt with under this Act; or
the practitioner and, if a complaint is made by a person about the practitioner, the complainant consent to it being dealt with under this Act; or
if the conduct happened in Australia but entirely outside this jurisdiction and the practitioner is a local lawyer or a local legal practitioner, and either—
the corresponding authority of each jurisdiction in which the conduct happened consents to it being dealt with under this Act; or
the practitioner and, if a complaint is made by a person about the practitioner, the complainant consent to it being dealt with under this Act; or
if the conduct happened entirely or partly outside Australia and the practitioner is a local lawyer or a local legal practitioner.
This chapter does not apply to conduct happening in this jurisdiction if—
the commissioner consents to the conduct being dealt with under a corresponding law; or
the Australian legal practitioner and, if a complaint is made by a person about the practitioner, the complainant consent to the conduct being dealt with under a corresponding law.
Subsection (3) does not apply if the conduct is not capable of being dealt with under a corresponding law.
The commissioner may give consent for subsection (3)(a), and may do so conditionally or unconditionally.
Note—
Conduct before the commencement of this provision, that contravened the Personal Injuries Proceedings Act 2002, chapter 3, part 1, and had not been dealt with, or finally dealt with, under that Act, may be dealt with under this Act. See the Personal Injuries Proceedings Act 2002, section 85 (Provision for advertising of personal injury services and touting).
This Act’s bill:Explanatory memorandum
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