VersionNo. 005
Legal Profession Uniform Law Application Act 2014
No. 17 of 2014
Version incorporating amendments as at
1 August 2015
TABLE OF PROVISIONS
SectionPage
1
SectionPage
Part 1—Preliminary
1Purposes
2Commencement
3Definitions
Part 2—Application of Uniform Law
Division 1—General application provisions
4Application of Legal Profession Uniform Law
5Exclusion of legislation of this jurisdiction
6Override of Charter of Human Rights and Responsibilities Act2006
7Disallowance of Uniform Regulations
8No double jeopardy
Division 2—Further application provisions
9Meaning of various terms used in Legal Profession Uniform Law (Victoria)
9AMeaning of law firm
10Designation of local authorities and tribunals
11Declaration of nominated fund and nominated trust authority
12Dealing with unclaimed money
13Approved insurance policy
14Fidelity fund and fidelity authority
15Dispute resolution and professional discipline for lawyers who are judicial officers in relation to previous conduct
16Referral for costs assessment to be to Costs Court
17Issuing authority for search warrants
18Pecuniary penalties to be paid into Public Purpose Fund
18APart 3 of Schedule 4 applies
Part 3—Local regulatory authorities
Division 1—Victorian Legal Admissions Board
19Establishment
20Functions and powers
21Membership
22Judge or retired judge appointed as member
23Resignation and removal
24Meetings
25Validity of acts or decisions
26Staff and consultants
27Delegation
Division 2—Victorian Legal Services Board
28Continuation of board under new name
29Relationship to the Crown
30Objectives
31Functions and powers
32Membership
33Chairperson and deputy chairperson
34Judge or former judge appointed as chairperson
35Appointed members
36Payment of members
37Acting appointments
38When does a member's office become vacant?
39Meetings
40Conflicts of interest
41Resolutions without meetings
42Validity of acts or decisions
43Immunity
44Delegation
45Performance targets etc.
46Annual report
47Other reports
Division 3—Victorian Legal Services Commissioner
48Establishment
49Functions and powers
50Relationship to Victorian Legal Services Board
51Appointment of Victorian Commissioner
52Acting Victorian Commissioner
53Vacancy of Victorian Commissioner's office
54Validity of acts and decisions
55Immunity
56Delegation
57Annual report
58Other reports
Division 4—General provisions for the Victorian Legal Services Board and Victorian Commissioner
59Staff and consultants
60Mediators
61Immunity for mediators
Division 5—Victorian Legal Services Board elections
62Elected members
63Electoral rolls
64Enrolment
65Eligibility to stand and vote
66Elections
67Preferential voting for advocate member
68Exhaustive preferential voting for non-advocate members
69Casual vacancies of elected members
70Arrangements with Victorian Electoral Commission
71Regulations
Part 4—Admission, practising certificates and registration certificates
Division 1—Admission
72Admission fees
Division 2—Australian practising certificates
73Australian practising certificate fees and fidelity fund contributions
74Timing of application for renewal of local practising certificate
75Late application for renewal of practising certificate
Division 3—Australian registration certificates
76Australian registration certificate fees and costs
Division 4—General
77Time limit for review applications in relation to certificates
Part 5—Trust accounts
Division 1—Statutory deposits into Public Purpose Fund
78Definitions
79Required deposit amount
80Determination of required deposit amount
81Requirement to deposit with the Victorian Legal Services Board
82Deposit amounts to be paid to Public Purpose Fund
83Repayment by Victorian Legal Services Board
84Division does not apply to controlled money accounts
85Exemption by Victorian Legal Services Board
86Multiple trust accounts
Division 2—Authorised deposit-taking institutions
87Arrangements with ADIs
Division 3—Approved clerks
88Approval of clerks
89Application of the Uniform Law to approved clerks
90Rules for approved clerks
Division 4—External examinations and investigations
91Costs of external examinations and investigations
Part 6—Legal costs
Division 1—Legal Costs Committee
92Legal Costs Committee
93Functions of the Legal Costs Committee
Division 2—Practitioner remuneration orders
94Practitioner remuneration orders
95Publication and availability of practitioner remuneration order
96Disallowance by Parliament and application of Subordinate Legislation Act 1994
Division 3—Costs assessment
97Appeal from decision of Costs Court
Division 4—Costs disputes
98Definitions
99Determination of costs disputes by VCAT
Part 7—Professional indemnity insurance
Division 1—Legal Practitioners' Liability Committee
100Legal Practitioners' Liability Committee
101Liability Committee not to represent the Crown
102Functions and powers
103Membership
104Qualifications for membership
105Payment of members
106Acting members
107Meetings
108Resolutions without meetings
109Validity of acts or decisions
110Conflicts of interest
111Staff and consultants
112Confidentiality
113Annual report
Division 2—Legal Practitioners' Liability Fund
114Requirement for Liability Fund
115Payments into Liability Fund
116Payments out of Liability Fund
117Investment of Liability Fund
118Levies
Division 3—Professional indemnity insurance
119Competition and Consumer Act 2010
120Terms and conditions of insurance
Part 8—Fidelity cover
Division 1—Fidelity fund
121Requirement for fidelity fund
122Purpose of fidelity fund
123Payments into the fidelity fund
124Payments out of the fidelity fund
125Solvency
126Payments to liquidators etc.
127Payments to Public Purpose Fund
Division 2—Contributions by and levies on approved clerks and community legal services
128Annual contributions
129Levies
130Victorian Legal Services Board may recover contribution or levy
Division 3—Supplementary provisions for contributions and levies
131Contributions and levies not to exceed prescribed amount
132Employer must pay contribution or levy or reimburse employee
Part 9—Public Purpose Fund
133Public Purpose Fund
134Financial arrangements for Public Purpose Fund
135Accounts in Public Purpose Fund
136General Account
137Statutory Deposit Account
138Distribution Account
139Funding of Legal Profession Uniform Framework
140Expenses of Victorian Legal Services Board
141Expenses of Victorian Commissioner
142Expenses of VCAT
143Legal aid funding
144Funding of law-related services and activities
145Victorian Legal Services Board may take into account previous funding
146Further legal aid funding
147Payments to fidelity fund
148Payments to local professional associations for continuing legal education programsetc.
149Timing of payments and instalments
Part 10—General
150Victorian legal profession register
151Information sharing
152Liability of principals
153Investigation of offences and contraventions
154Prosecution of offences
155Judicial review by Supreme Court
156Regulations
Part 11—Repeals and amendments
Division 1—Repeal
157Legal Profession Act 2004
Division 2—Amendments
158Interpretation of Legislation Act 1984—Definitions
159Interpretation of Legislation Act 1984—New section38L inserted
160Consequential amendments
161Repeal of amending provisions
Part 12—Transitional provisions
Division 1—Preliminary
162Definitions
163General transitional provisions
164Regulations dealing with transitional matters
Division 2—Local regulatory authorities
165Legal Services Board
166Legal Services Commissioner
Division 3—Admission, certificates and business practice
167Admission fees
168Barristers' practising certificates
169Government lawyers
170Managed investment schemes
Division 4—Trust accounts
171Approved clerks
Division 5—Legal costs
172Practitioner remuneration orders and Legal Costs Committee
Division 6—Fidelity cover
173Fidelity fund
174Contributions to fidelity fund
Division 7—Professional indemnity insurance
175Legal Practitioners' Liability Committee
176Insurance terms and conditions
177Exemptions
178Liability Fund
Division 8—Public Purpose Fund
179Public Purpose Fund
Division 9—General
180References to old Act
181Community legal centres
182Time limits
Schedules
Schedule 1—Legal Profession Uniform Law
Schedule 1—Provisions relating to Council
Schedule 2—Provisions relating to Commissioner
Schedule 3—Provisions applying in relation to nonparticipating jurisdictions
Schedule 4—Savings and transitional provisions
Schedule 2—Consequential amendments
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Endnotes
1General information
2Table of Amendments
3Amendments Not in Operation
4Explanatory details
1
VersionNo. 005
Legal Profession Uniform Law Application Act 2014
No. 17 of 2014
Version incorporating amendments as at
1 August 2015
1
Part 1—Preliminary
Legal Profession Uniform Law Application Act 2014
No. 17 of 2014
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purposes
The purposes of this Act are—
(a)to apply the Legal Profession Uniform Law as a law of Victoria; and
(b)to provide for certain local matters to complement that Law; and
(c) to repeal the Legal Profession Act 2004; and
(d) to make transitional arrangements; and
(e) to make consequential amendments to other Acts.
2Commencement
This Act comes into operation on a day or days to be proclaimed.
3Definitions
(1)In this Act—
advocate member, of the Victorian Legal Services Board—see section 62(1)(a);
approved clerk means a person approved under section 88;
Costs Court means the Costs Court established under Division 2B of Part 2 of the Supreme Court Act 1986;
General Account means the General Account in the Public Purpose Fund—see section135(a);
Law Institute means the Law Institute of Victoria Limited ACN 075 475 731;
Legal Costs Committee means the Legal Costs Committee continued under section 92;
S. 3(1) def. of Legal Profession Uniform Framework amended by No. 8/2015 s.4.
Legal Profession Uniform Framework means the uniform framework for regulation of the legal profession as described in the Intergovernmental Agreement or any uniform or national framework for regulation of the legal profession that succeeds that framework;
Legal Profession Uniform Law (Victoria) means the provisions applying in this jurisdiction because of section 4;
Liability Committee means the Legal Practitioners' Liability Committee continued under section 100;
Liability Fund means the Legal Practitioners' Liability Fund maintained by the Liability Committee under section 114(1);
local professional association means the following professional associations—
(a)the Law Institute; and
(b)the Victorian Bar;
non-advocate member, of the Victorian Legal Services Board—see section 62(1)(b);
S. 3(1) def. of police officer substituted by No. 37/2014 s.10(Sch. item 95.1).
police officer has the same meaning as in the Victoria Police Act 2013;
Public Purpose Fund means the fund maintained under section 133;
Victorian Bar means Victorian Bar Inc, an association incorporated under the Associations Incorporation Reform Act 2012;
Victorian Commissioner means the Victorian Legal Services Commissioner appointed under section 51;
Victorian Legal Admissions Board means the body established by section 19;
Victorian Legal Services Board means the body continued under section 28.
(2)Terms used in this Act and also in the Legal Profession Uniform Law (Victoria) have the same meanings in this Act as they have in that Law.
Part 2—Application of Uniform Law
Division 1—General application provisions
4Application of Legal Profession Uniform Law
The Legal Profession Uniform Law set out in Schedule 1—
(a)applies as a law of this jurisdiction; and
(b)as so applying may be referred to as the Legal Profession Uniform Law (Victoria); and
(c)so applies as if it were an Act.
5Exclusion of legislation of this jurisdiction
(1)The following Acts of this jurisdiction do not apply to the Legal Profession Uniform Law (Victoria) or to instruments made under that law—
(a)the Audit Act 1994;
(b)the Financial Management Act 1994;
(c)the Freedom of Information Act 1982;
(d)the Ombudsman Act 1973;
(e)the Public Administration Act 2004;
(f)the Public Records Act 1973;
(g)the Subordinate Legislation Act 1994 (except as provided by section 7).
(2)However, the Acts referred to in subsection (1)(a), (b), (c), (d), (e) and (f) apply to a public sector body or a public sector employee exercising a function under the Legal Profession Uniform Law (Victoria).
(3)For the avoidance of doubt, subsection (1)(g) does not limit the application of the SubordinateLegislation Act 1994 to regulations made under section156 or 164 of this Act.
(4) In this section—
public sector body has the same meaning as in the Public Administration Act 2004;
public sector employee has the same meaning as in the Public Administration Act 2004.
6Override of Charter of Human Rights and Responsibilities Act2006
(1)The Charter of Human Rights and Responsibilities Act 2006 has no application to—
(a)Schedule 1 to this Act; or
(b)the Legal Profession Uniform Law (Victoria).
(2)Without limiting subsection (1), section 31(7) of the Charter of Human Rights and Responsibilities Act 2006 does not apply to this section.
(3)A body performing functions or exercising powers under the Legal Profession Uniform Law (Victoria) is not a public authority within the meaning of the Charter of Human Rights and Responsibilities Act 2006 in respect of its performance of those functions or exercise of those powers.
7Disallowance of Uniform Regulations
(1)Section 15(1) and Part 5 (except sections 21(1)(ha) and (j)) of the Subordinate Legislation Act 1994 apply to a Uniform Regulation as if—
(a)the Uniform Regulation were a statutory rule within the meaning of that Act; and
(b)a reference in section 15(1) or 23(2)(a)(ii) of that Act to the publication of notice of the making of the statutory rule in the Government Gazette under section 17(2) of that Act were a reference to the later of—
(i)the publication of the Uniform Regulation under section 418 of the Legal Profession Uniform Law (Victoria); and
(ii)the day this section comes into operation.
Note
Section 15(1) of the Subordinate Legislation Act 1994 requires that a statutory rule be laid before each House of Parliament. Part 5 of that Act provides for the suspension or disallowance of statutory rules in certain circumstances.
(2) If a Uniform Regulation is disallowed in whole or in part under the Subordinate Legislation Act 1994, then despite anything to the contrary in that Act, the disallowed Regulation does not, or the disallowed part does not, cease to have effect in this jurisdiction unless the disallowed Regulation, or disallowed part, is disallowed in a majority of the participating jurisdictions.
(3)In such a case, the disallowed Regulation, or disallowed part, ceases to have effect on the date that Regulation or part is disallowed in the last of the participating jurisdictions forming the majority of participating jurisdictions.
8No double jeopardy
If—
(a)an act or omission is an offence against the Legal Profession Uniform Law (Victoria)and is also an offence against a law of another participating jurisdiction; and
(b)the offender has been punished for the offence under the law of the other jurisdiction—
the offender is not liable to be punished for the offence against the Legal Profession Uniform Law (Victoria).
Division 2—Further application provisions
9Meaning of various terms used in Legal Profession Uniform Law (Victoria)
In the Legal Profession Uniform Law (Victoria)—
Commissioner of Police includes the Chief Commissioner of Police;
S. 9 def. of member of the police force
inserted by No. 37/2014 s.10(Sch. item 95.2).
member of the police force, in relation to this jurisdiction, means a police officer;
this jurisdiction means Victoria.
S. 9A insertedby No. 8/2015 s.5.
9AMeaning of law firm
(1)The Legal Profession Uniform Law (Victoria) applies as if for the definition of law firm in section 6(1) there were substituted—
"law firm means a partnership consisting only of—
(a)Australian legal practitioners; or
(b)one or more Australian legal practitioners and one or more Australian-registered foreign lawyers; or
(c)incorporated legal practices; or
(d)one or more incorporated legal practices and one or more Australian legal practitioners; or
(e)one or more incorporated legal practices and one or more Australian-registered foreign lawyers; or
(f)one or more incorporated legal practices, one or more Australian legal practitioners and one or more Australian-registered foreign lawyers;".
(2)For the purposes of this Act and the Legal Profession Uniform Law (Victoria), a principal of a law practice that is referred to in paragraph (c) to (f) of the definition of law firm in subsection (1) includes an Australian legal practitioner who is a principal of an incorporated legal practice that forms part of the partnership.
10Designation of local authorities and tribunals
S. 10(1) substitutedby No. 8/2015 s.6(1).
(1)The person or body specified in column 3 of Table1 is the designated local regulatory authority for the purposes of a provision of the Legal Profession Uniform Law (Victoria) specified in the corresponding entry of column 2 of that Table.
Note
See section 6 of the Legal Profession Uniform Law (Victoria) for the definition of designatedlocal regulatory authority.
Table 1—Designated local regulatory authorities
Column 1Item No. / Column 2
Provision of Legal Profession Uniform Law (Victoria) / Column 3
Local regulatory authority
1 / Section 14 / Victorian Legal Services Board
2 / Part 2.2 (except section 23) / Victorian Legal Admissions Board
3 / Section 23 / Victorian Legal Services Board
4 / Chapter 3 (except section50(1)) / Victorian Legal Services Board
5 / Section 50(1) / Victorian Bar
6 / Chapter 4 / Victorian Legal Services Board
7 / Chapter 5 / Victorian Commissioner
8 / Chapter 6 / Victorian Legal Services Board
9 / Chapter 7 (except to the extent that it applies to complaint investigations) / Victorian Legal Services Board
10 / Chapter 7 to the extent that it applies to complaint investigations / Victorian Commissioner
11 / Section 421(2)(f) / Victorian Legal Admissions Board
12 / Section 436(1) / Victorian Legal Admissions Board
Victorian Legal Services Board
Victorian Commissioner
Column 1
Item No. / Column 2
Provision of Legal Profession Uniform Law (Victoria) / Column 3
Local regulatory authority
13 / Section 436(2) / Victorian Legal Admissions Board
14 / Section 437 / Victorian Legal Admissions Board
Victorian Legal Services Board
Victorian Commissioner
15 / Section 446
Section 447
Section 453
Section 466(7)
Schedule 3 (except clause14) / Victorian Legal Services Board
16 / Schedule 3, clause14 / Victorian Commissioner
(2) The Prothonotary is the designated local roll authority for the purposes of sections 23, 24 and462 of the Legal Profession Uniform Law (Victoria).
Note
See section 6 of the Legal Profession Uniform Law (Victoria) for the definition of designatedlocal roll authority.
S. 10(3) substitutedby No. 8/2015 s.6(2).
(3)The body specified in column 3 of Table2 is the designated tribunal for the purposes of a provision of the Legal Profession Uniform Law (Victoria) specified in the corresponding entry of column 2 of that Table.
Note
See section 6 of the Legal Profession Uniform Law (Victoria) for the definition of designated tribunal.
Table 2—Designated tribunals
Column 1Item No. / Column 2
Provision of Legal Profession Uniform Law (Victoria) / Column 3
Designated tribunal
1 / Section 23
Section 100
Section 101
Section 119 / VCAT
2 / Section 120
Section 198 / Supreme Court
3 / Section 247
Section 248 / A court that would have jurisdiction to determine the claim if it were a claim for a debt owing to the claimant
4 / Division 3 of Part5.4
Part 5.5
Section 314 / VCAT
5 / Part 6.5
Section 356(4)(b)
Section 358 to the extent that it applies in respect of a supervisor or manager / Supreme Court
6 / Section 358 to the extent that it applies in respect of a receiver / Court of Appeal
7 / Section 453 / A court that would have jurisdiction to order payment of the pecuniary penalty if it were a debt
8 / Section 474(2) / Any designated tribunal referred to in this table
11Declaration of nominated fund and nominated trust authority
For the purposes of section 149(6) of the Legal Profession Uniform Law (Victoria)—
(a)the nominated fund is the Public Purpose Fund; and
(b)the nominated trust authority is the Victorian Legal Services Board.
12Dealing with unclaimed money
For the purposes of section 167 of the Legal Profession Uniform Law (Victoria), unclaimed money is to be dealt with in accordance with the Unclaimed Money Act 2008.
13Approved insurance policy
(1) A policy of professional indemnity insurance is an approved insurance policy for this jurisdiction for the purposes of Part 4.4 of the Legal Profession Uniform Law (Victoria) if the policy is issued or provided by the Liability Committee.
(2)A policy of professional indemnity insurance the terms and conditions of which are approved by the Victorian Legal Services Board is an approved insurance policy for this jurisdiction for the purposes of Part 4.4 of the Legal Profession Uniform Law (Victoria) in relation to—
(a)a community legal service; or
(b)an Australian legal practitioner who is engaged in practice for or on behalf of a community legal service; or
(c)a corporate legal practitioner or government legal practitioner who provides legal services on a pro bono basis (other than as a volunteer at a community legal service); or
(d)an Australian-registered foreign lawyer.
(3)This section applies despite anything to the contrary in section210(1) of the Legal Profession Uniform Law (Victoria).
Note
Section 210(1) of the Legal Profession Uniform Law (Victoria) defines an approved insurance policy for a participating jurisdiction for the purposes of Part 4.4 of that Law.