South Australian Consolidated Acts South Australian Consolidated Acts (1) The Society must
continue to maintain the legal practitioners' guarantee fund.
(2) The Society may
from time to time invest any of the money constituting, or forming part of,
the guarantee fund in any manner in which trustees are authorised by statute
to invest trust funds, and may advance, on such terms and conditions as
the Society thinks fit, money from the guarantee fund to
the statutory interest account.
(3) The guarantee fund
consists of—
(a) the
money paid into it from the statutory interest account; and
(b) all
money recovered by the Society under Part 5; and
(c) a
prescribed proportion of the fees paid in respect of the issue or renewal of
practising certificates; and
(ca) a
prescribed proportion of the fees paid by interstate practitioners on giving
notice of the establishment of an office in this State; and
(d)
costs recovered by the Attorney-General, the Board or the Society in
disciplinary proceedings against legal practitioners or former legal
practitioners; and
(da) any
fee paid to the Board; and
(e) any
money that the Society thinks fit to include in the guarantee fund; and
(f) the
income and accretions arising from the investment of the money constituting
the guarantee fund.
(4) Subject to
subsection (5), money in the guarantee fund may be applied for any of the
following purposes:
(aa)
meeting any expenses incurred by LPEAC in exercising its functions and powers
under this Act; and
(aab)
the costs incurred by the Society in appointing a legal practitioner to appear
in proceedings in which a person seeks admission as a legal practitioner; and
(a) the
costs of investigating complaints against legal practitioners or former
legal practitioners and of disciplinary proceedings against legal
practitioners or former legal practitioners; and
(ab) the
costs of proceedings instituted by the Board for the taxation of legal costs;
and
(b) the
costs of prosecutions for offences against this Act; and
(c)
costs consequent on the appointment of a supervisor or manager under this Act;
and
(d) the
costs of an examination conducted at the direction of the Attorney-General or
the Society under Division 5 of Part 3; and
(e) the
payment of honoraria, approved by the Attorney-General, to members of the
Board and the Tribunal; and
(ea) the
legal costs payable by—
(i)
a member of the Board in relation to any action against
the member arising from an honest act or omission in the performance or
purported performance of a duty imposed by or under this Act; or
(ii)
any person in relation to any action arising from an
honest act or omission in the exercise or purported exercise of powers or
functions under Division 5 of Part 3 or delegated by the Board; and
(f) the
payment of money towards the costs of an arrangement under Division 13 of Part
3 to the extent that those costs are, in accordance with the terms of the
scheme and with the approval of the Attorney-General, to be paid from
the guarantee fund; and
(g) the
costs of processing claims under Part 5 and of paying out those claims to the
extent authorised by that Part; and
(h)
defraying any management fee or other expenditure relating to the management
or administration of the guarantee fund; and
(i)
educational or publishing programs conducted for the
benefit of legal practitioners or members of the public.
(5) No payment may be
made from the guarantee fund except with the authorisation of the
Attorney-General.
(6) The
Attorney-General may, before authorising a payment from the guarantee fund,
require the Society, the Tribunal, the Board or any person engaged in the
administration of this Act to provide such information and explanations as to
the reason for the proposed payment as the Attorney-General may reasonably
require.