Professional indemnity insurance required by interstate practitioners etc
52AA Professional indemnity insurance required by interstate practitioners etc
A prescribed practitioner or practice must not engage in legal practice in this jurisdiction unless there is in force approved professional indemnity insurance in respect of that practitioner or practice. Maximum penalty:
for an offence committed by an interstate legal practitioner—$10 000;
in any other case—$50 000.
If an interstate legal practitioner fails to comply with this section, the Supreme Court may, on application by the Attorney‑General or the Society, suspend the practitioner's right to practise the profession of the law in this State until this section is complied with.
If an incorporated legal practice fails to comply with this section, the Supreme Court may, on application by the Attorney‑General or the Society, suspend any legal practitioner director's right to practise the profession of the law in this State until this section is complied with.
The Supreme Court must give notice of a suspension imposed under this section to any regulatory authority that is authorised to seek or impose a corresponding suspension in a State in which the practitioner is admitted as a legal practitioner.
In this section—
approved professional indemnity insurance means insurance—
that has been approved by the Attorney‑General;
or
that is of a class or kind that has been approved by the
Attorney‑General;
prescribed practitioner or practice means—
an interstate legal practitioner who—
establishes an office in this State; and
if he or she were a local legal practitioner, would be covered by a scheme providing professional indemnity insurance; or
an incorporated legal practice that is not required to be insured under a scheme established under section 52.
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