Legal Profession Uniform Law Application Amendment Act 2015
No. 8 of 2015
table of provisions
SectionPage
SectionPage
Part 1—Preliminary
1Purpose
2Commencement
3Principal Act
Part 2—Legal Profession Uniform Law Application Act 2014 amended
4Definitions
5New section 9A inserted
6Designation of local authorities and tribunals
7New section 18A inserted
8Interpretation of Legislation Act 1984—Definitions
9General transitional provisions
10Insurance terms and conditions
11Accident Compensation Act 1985
12Co-operatives Act 1996 and Information Privacy Act 2000
13Legal Aid Act 1978
14Mental Health Act 1986 and Police Regulation Act 1958
15Supreme Court Act 1986
16Wills Act 1997
Part 3—Legal Profession Uniform Law amended
17Legal Profession Uniform Law
18Definitions
19Withdrawal of trust money
20Disclosure obligations of law practice regarding clients
21Decisions of Standing Committee
22Provisions relating to Council
23Development of Admission Rules
24Service of notices on Council, Commissioner, Admissions Committee, local regulatory authority or delegate
25Terms of office of members
26Diversity of membership
27New clause 17 inserted into Schedule 3
28Standing Committee and First operational term of Council
Part 4—Repeal of amending Act
29Repeal of amending Act
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Endnotes
1General information
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Victoria
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Legal Profession Uniform Law Application Amendment Act 2015[†]
No. 8 of 2015
[Assented to 21 April 2015]
1
Legal Profession Uniform Law Application Amendment Act 2015
No. 8 of 2015
1
Part 1—Preliminary
Legal Profession Uniform Law Application Amendment Act 2015
No. of 2015
The Parliament of Victoriaenacts:
1
Part 4—Repeal of amending Act
Legal Profession Uniform Law Application Amendment Act 2015
No. 8 of 2015
Part 1—Preliminary
1Purpose
The purpose of this Act is to make a range of minor and technical amendments to the Legal Profession Uniform Law Application Act 2014, including a number of amendments to the Legal Profession Uniform Law set out in Schedule 1 to that Act.
2Commencement
This Act comes into operation on the day after the day on which it receives the Royal Assent.
3Principal Act
In this Act, the Legal Profession Uniform Law Application Act 2014 is called the Principal Act.
Part 2—Legal Profession Uniform Law Application Act 2014 amended
4Definitions
In section 3(1) of the Principal Act, in the definition of Legal Profession Uniform Framework, for "Inter-Governmental" substitute "Intergovernmental".
5New section 9A inserted
After section 9 of the Principal Act insert—
'9A Meaning 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.'.
6Designation of local authorities and tribunals
(1)For section 10(1) of the Principal Actsubstitute—
"(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 (exceptto 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
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)For section 10(3) of the Principal Act substitute—
"(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
".
7New section 18A inserted
After section 18 of the Principal Act insert—
"18A Part 3 of Schedule 4 applies
Part 3 of Schedule 4 to the Legal Profession Uniform Law (Victoria) applies in Victoria.".
8Interpretation of Legislation Act 1984—Definitions
In section 158 of the Principal Act, in paragraph(b) of the definition of Australian
legal practitioner being inserted into section 38 of the Interpretation of Legislation Act 1984, for "non-participating" substitute "non-participant".
9General transitional provisions
In section 163(1) and (2) of the Principal Act, for "Schedule" substitute "Part".
10Insurance terms and conditions
In section 176 of the Principal Act, for "Service" substitute "Services".
11Accident Compensation Act 1985
Items 1.1 and 1.3 of Schedule 2 to the Principal Act arerepealed.
12Co-operatives Act 1996 and Information Privacy Act 2000
Items 20 and 50 of Schedule 2 to the Principal Act arerepealed.
13Legal Aid Act 1978
In item 55.5 of Schedule 2 to the Principal Act, in the words being substituted into section 32(3) of the Legal Aid Act 1978, after "Part 4.3 of" insert "the".
14Mental Health Act 1986 and Police Regulation Act 1958
Items62 and 72 of Schedule 2 to the Principal Act arerepealed.
15Supreme Court Act 1986
(1)For item 93.2 of Schedule 2 to the Principal Act substitute—
'93.2In section 17D(1)—
(a)after paragraph (e) insert—
"(ea)must conduct costs assessments under Division 7 of Part 4.3 of the Legal Profession Uniform Law (Victoria);";
(b)insert the following note at the foot of paragraph (f)—
"Note
See clause 18 of Schedule 4 to the Legal Profession Uniform Law (Victoria)."'.
(2)Item 93.3 of Schedule 2 to the Principal Act is repealed.
16Wills Act 1997
In item 111 of Schedule 2 to the Principal Act,
for "sections 19C(1)(a) and 29(b)" substitute "section 19C(1)(a)".
Part 3—Legal Profession Uniform Law amended
17Legal Profession Uniform Law
In this Part, Uniform Law means the Legal Profession Uniform Law set out in Schedule 1 to the Principal Act.
18Definitions
In section 6(1) of the Uniform Law—
(a)in the definition of home jurisdiction, for "(d) in any" substitute "(e) in any";
(b) in the definition of Inter-Governmental Agreement, for "Inter-Governmental" substitute "Intergovernmental";
(c)in the note at the foot of the definition of Legal Profession Uniform Law Act, for "Inter-Governmental" substitute "Intergovernmental";
(d) in paragraph (a) of the definition of participating jurisdiction, for "InterGovernmental" substitute "Intergovernmental";
(e)the note at the foot of the definition of Standing Committee is repealed.
19Withdrawal of trust money
In section 144(2)(c)(i) of the Uniform Law, for "practice, and" substitute "practice; and".
20Disclosure obligations of law practice regarding clients
(1)In section 174(4) and (5)of the Uniform Law, after "matter" insert "(excluding GST and disbursements)".
(2)After section 174(5) of the Uniform Law insert—
"(5A)To avoid doubt, the uniform standard disclosure form prescribed by the Uniform Rules for the purposes of subsection (5) may require the disclosure of GST or disbursements or both.".
(3)In section 174(7) and (8) of the Uniform Law, for "the legal costs" substitute "the total legal costs (excluding GST and disbursements)".
(4)Section 174(9) of the Uniform Law is repealed.
21Decisions of Standing Committee
The note at the foot of section 392(3) of the Uniform Law is repealed.
22Provisions relating to Council
The note at the foot of section 395(4) of the Uniform Law is repealed.
23Development of Admission Rules
In section 426(3)(b) of the Uniform Law omit
"or to the Law Council of Australia or Australian Bar Association or both (as the case requires)".
24Service of notices on Council, Commissioner, Admissions Committee, local regulatory authority or delegate
In section 443 of the Uniform Law, after "any" insert "of".
25Terms of office of members
Clause 3(2) of Schedule 1 to the Uniform Law is repealed.
26Diversity of membership
In clause 4(1) of Schedule 1 to the Uniform Law—
(a)paragraph (a) is repealed;
(b)in paragraph (b) omit "(other than the first operational term of the Council)".
27New clause 17 inserted into Schedule 3
After clause 16 of Schedule 3 to the Uniform Lawinsert—
"17 Disclosure of information
A relevant person within the meaning of section 439 may disclose information obtained in the administration of this Law or the Uniform Rules to a person or body in a non-participating jurisdiction in relation to a function of that person or body under a corresponding law.".
28Standing Committee and First operational term of Council
Clauses 6 and 7 of Schedule 4 to the Uniform Law arerepealed.
Part 4—Repeal of amending Act
29Repeal of amending Act
This Act is repealed on the first anniversary of its commencement.
Note
The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
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1
Endnotes
Legal Profession Uniform Law Application Amendment Act 2015
No. 8 of 2015
Endnotes
1General information
See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.
1
[†] Minister's second reading speech—
Legislative Assembly: 25 February 2015
Legislative Council: 19 March 2015
The long title for the Bill for this Act was "A Bill for an Act to amend the Legal Profession Uniform Law Application Act 2014 and for other purposes."