Reporting non-compliance
71G Reporting non-compliance
This section applies in relation to—
the supervising principal of a law practice retained by either of the following—
the respondent to a claim;
the respondent’s insurer; and
the insurer for the respondent.
If the supervising principal reasonably believes a person is contravening a law practice certificate requirement, the supervising principal must, within 14 days after forming the belief, or a longer period agreed by the commissioner, give the commissioner the information the principal has in relation to the contravention.
Note—
A supervising principal’s failure to comply with this section may constitute unsatisfactory professional conduct or professional misconduct under the Legal Profession Act 2007, chapter 4.
The supervising principal is taken to have formed the reasonable belief under subsection (2) if an associate of the law practice knows or ought reasonably to have known that a person is contravening a law practice certificate requirement.
If the insurer reasonably believes a person is contravening a law practice certificate requirement or section 71 or 71B, the insurer may give the commissioner the information the insurer has in relation to the contravention.
This section applies both within and outside Queensland.
This section applies outside Queensland to the full extent of the extraterritorial legislative power of the Parliament.
In this section—
law practice certificate requirement means a requirement under the following sections—
section 8C;
section 8E;
section 8F;
section 9C;
section 13A;
section 61.
supervising principal, of a law practice acting for a respondent to a claim or the respondent’s insurer, means the principal of the law practice who has primary responsibility for the conduct of the matter for the respondent or the respondent’s insurer.
This Act’s bill:Explanatory memorandum
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