LEGAL PROFESSION ACT 2008

Western Australian Consolidated Acts

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LEGAL PROFESSION ACT 2008

TABLE OF PROVISIONS

Long Title
Preamble

PART 1 -- Preliminary

1. Short title
2. Commencement

PART 2 -- Interpretation

3. Terms used in this Act
4. Terms relating to lawyers
5. Terms relating to legal practitioners
6. Terms relating to associates and principals of law practices
7. Home jurisdiction
8. Suitability matters
9. Information notices
10. References to conviction and quashing a conviction

PART 3 -- Reservation of legal work and related matters

Division 1 -- Preliminary

11. Purposes

Division 2 -- General prohibitions on unqualified practice

12. Prohibition on engaging in legal practice when not entitled
13. Prohibition on representing or advertising entitlement to engage in legal practice when not entitled
14. Presumptions about taking or using name, title or description specified in regulations
15. Associates who are disqualified or convicted persons
16. Sharing income with unqualified persons
17. Permitting or assisting unqualified persons to practise

Division 3 -- General

18. Prohibited person must not act as executor or trustee
19. Professional discipline

PART 4 -- Admission of local lawyers

Division 1 -- Preliminary

20. Purposes

Division 2 -- Eligibility and suitability for admission

21. Eligibility for admission
22. Suitability for admission
23. Early consideration of suitability
24. Referral of matters to State Administrative Tribunal

Division 3 -- Admission to the legal profession

25. Application for admission
26. Admission by the Supreme Court
27. Objection to admission
28. Roll of persons admitted to the legal profession
29. Local lawyer is an officer of the Supreme Court

Division 4 -- Functions of Legal Practice Board in relation to admissions

30. Board to advise on applications for admission
31. Compliance certificates
32. Consideration of applicant’s eligibility and suitability

Division 5 -- Miscellaneous

33. Board is respondent to application under this Part

PART 5 -- Legal practice by Australian legal practitioners

Division 1 -- Preliminary

34. Purposes

Division 2 -- Legal practice in this jurisdiction by Australian legal practitioners

35. Entitlement of Australian legal practitioner to practise in this jurisdiction
36. WA government lawyers taken to be local legal practitioners

Division 3 -- Local practising certificates generally

37. Local practising certificates
38. Suitability to hold local practising certificate
39. Duration of local practising certificate
40. Professional indemnity insurance
41. Local legal practitioner is officer of Supreme Court

Division 4 -- Grant or renewal of local practising certificate

42. Application for grant or renewal of local practising certificate
43. Manner of application and fees
44. Timing of application for renewal of local practising certificate
45. Grant or renewal of local practising certificate

Division 5 -- Conditions on local practising certificates

46. Conditions generally
47. Conditions imposed by Board
48. Imposition or variation of conditions pending criminal proceedings
49. Conditions imposed on interstate admission
50. Restricted legal practice
51. Notification of offence
52. Conditions imposed by legal profession rules
53. Compliance with conditions

Division 6 -- Amendment, suspension or cancellation of local practising certificates

54. Application of this Division
55. Grounds for amending, suspending or cancelling local practising certificate
56. Amending, suspending or cancelling local practising certificate
57. Operation of amendment, suspension or cancellation of local practising certificate
58. Immediate suspension of local practising certificate
59. Other ways of amending, suspending or cancelling local practising certificate
60. Relationship of this Division with Part 13

Division 7 -- Special powers in relation to local practising certificates -- show cause events

61. Applicant for local practising certificate -- show cause event
62. Holder of local practising certificate -- show cause event
63. Refusal, amendment, suspension or cancellation of local practising certificate -- failure to show cause
64. Restriction on making further applications
65. Power to renew practising certificate or defer action in special circumstances
66. Relationship of this Division with PART 13

Division 8 -- Further provisions relating to local practising certificates

67. Return of local practising certificate

Division 9 -- Interstate legal practitioners

68. Requirement for professional indemnity insurance
69. Extent of entitlement of interstate legal practitioner to practise in this jurisdiction
70. Additional conditions on practice of interstate legal practitioners
71. Notification requirements for interstate legal practitioners
72. Special provisions about interstate legal practitioner engaging in unsupervised legal practice in this jurisdiction
73. Interstate legal practitioner is officer of Supreme Court

Division 10 -- Miscellaneous provisions relating to practice

74. Jurisdiction protocols
75. Consideration and investigation of applicants or holders
76. Register of local practising certificates
77. Orders about conditions
78. Review of decisions of Board
79. Interstate government lawyers
80. Fees

PART 6 -- Inter-jurisdictional provisions regarding admission and practising certificates

Division 1 -- Preliminary

81. Purpose
82. Other requirements not affected

Division 2 -- Notifications to be given by local authorities to interstate authorities

83. Official notification to other jurisdictions of applications for admission and associated matters
84. Official notification to other jurisdictions of removals from local roll
85. Board to notify other jurisdictions of certain matters

Division 3 -- Notifications to be given by lawyers to local authorities

86. Lawyer to give notice of removal of name from interstate roll
87. Lawyer to give notice of interstate orders
88. Lawyer to give notice of foreign regulatory action
89. Provisions relating to requirement to notify

Division 4 -- Taking of action by local authorities in response to notifications received

90. Peremptory removal of local lawyer’s name from local roll following removal in another jurisdiction
91. Peremptory cancellation of local practising certificate following removal of name from interstate roll
92. Show cause procedure for removal of lawyer’s name from local roll following foreign regulatory action
93. Show cause procedure for cancellation of local practising certificate following foreign regulatory action
94. Order for non-removal of name
95. Order for non-cancellation of local practising certificate
96. Local authority may give information to other local authorities

PART 7 -- Incorporated legal practices and multi-disciplinary partnerships

Division 1 -- Preliminary

97. Purposes
98. Definitions

Division 2 -- Incorporated legal practices providing legal services

99. Nature of incorporated legal practice
100. Non-legal services and businesses of incorporated legal practices
101. Corporations eligible to be incorporated legal practice
102. Notice of intention to start providing legal services
103. Prohibition on representations that corporation is incorporated legal practice
104. Notice of corporation ceasing to engage in legal practice
105. Incorporated legal practice must have legal practitioner director
106. Obligations of legal practitioner director relating to misconduct
107. Incorporated legal practice without legal practitioner director
108. Obligations and privileges of practitioners who are officers or employees
109. Professional indemnity insurance
110. Conflicts of interest
111. Disclosure obligations
112. Effect of non-disclosure on provision of certain services
113. Application of legal profession rules
114. Requirements relating to advertising
115. Extension of vicarious liability relating to failure to account, pay or deliver and dishonesty to incorporated legal practices
116. Sharing of receipts, revenue or other income
117. Disqualified persons
118. Audit of incorporated legal practice
119. Banning of incorporated legal practices
120. Disqualification from managing incorporated legal practice
121. Disclosure of information to Australian Securities and Investments Commission
122. External administration proceedings under Corporations Act
123. External administration proceedings under other legislation
124. Incorporated legal practice is subject to receivership under this Act and external administration under Corporations Act
125. Incorporated legal practice that is subject to receivership under this Act and external administration under other legislation
126. Cooperation between courts
127. Relationship of Act to constitution of incorporated legal practice
128. Relationship of Act to legislation establishing incorporated legal practice
129. Relationship of Act to Corporations legislation
130. Undue influence

Division 3 -- Multi-disciplinary partnerships

131. Nature of multi-disciplinary partnership
132. Conduct of multi-disciplinary partnership
133. Notice of intention to start practice in multi-disciplinary partnership
134. General obligations of legal practitioner partners
135. Obligations of legal practitioner partner relating to misconduct
136. Actions of partner who is not Australian legal practitioner
137. Obligations and privileges of practitioners who are partners or employees
138. Conflicts of interest
139. Disclosure obligations
140. Effect of non-disclosure on provision of certain services
141. Application of legal profession rules
142. Requirements relating to advertising
143. Sharing of receipts, revenue or other income
144. Disqualified persons
145. Prohibition on partnerships with certain partners who are not Australian legal practitioners
146. Undue influence

Division 4 -- Miscellaneous

147. Obligations of individual practitioners not affected
148. Regulations

PART 8 -- Legal practice by foreign lawyers

Division 1 -- Preliminary

149. Purpose
150. Definitions
151. This PART does not apply to Australian legal practitioners

Division 2 -- Practice of foreign law

152. Requirement for registration
153. Entitlement of Australian-registered foreign lawyer to practise in this jurisdiction
154. Scope of practice
155. Form of practice
156. Application of Australian professional ethical and practice standards
157. Designation
158. Letterhead and other identifying documents
159. Advertising
160. Foreign lawyer employing Australian legal practitioner
161. Trust money and trust accounts
162. Professional indemnity insurance
163. Fidelity cover

Division 3 -- Local registration of foreign lawyers generally

164. Local registration of foreign lawyers
165. Duration of registration
166. Locally registered foreign lawyer is not officer of Supreme Court

Division 4 -- Application for grant or renewal of local registration

167. Application for grant or renewal of registration
168. Manner of application
169. Requirements regarding applications for grant or renewal of registration

Division 5 -- Grant or renewal of registration

170. Grant or renewal of registration
171. Requirement to grant or renew registration if criteria satisfied
172. Refusal to grant or renew registration

Division 6 -- Amendment, suspension or cancellation of local registration

173. Application of this Division
174. Grounds for amending, suspending or cancelling local registration
175. Amending, suspending or cancelling registration
176. Operation of amendment, suspension or cancellation of registration
177. Other ways of amending or cancelling registration
178. Relationship of this Division with PART 13

Division 7 -- Special powers in relation to local registration -- show cause events

179. Applicant for local registration -- show cause event
180. Locally registered foreign lawyer -- show cause event
181. Refusal, amendment, suspension or cancellation of local registration -- failure to show cause
182. Restriction on making further applications
183. Relationship of this Division with PART 13

Division 8 -- Further provisions relating to local registration

184. Immediate suspension of registration
185. Automatic cancellation of registration on grant of practising certificate
186. Suspension or cancellation of registration not to affect disciplinary processes
187. Return of local registration certificate on amendment, suspension or cancellation of registration

Division 9 -- Conditions on registration

188. Conditions generally
189. Conditions imposed by Board
190. Imposition or variation of conditions pending criminal proceedings
191. Condition regarding notification of offence
192. Conditions imposed by legal profession rules
193. Compliance with conditions

Division 10 -- Interstate-registered foreign lawyers

194. Extent of entitlement of interstate-registered foreign lawyer to practise in this jurisdiction
195. Additional conditions on practice of interstate-registered foreign lawyers
196. Notification requirements for interstate-registered foreign lawyers

Division 11 -- Miscellaneous

197. Consideration and investigation of applicants and locally registered foreign lawyers
198. Register of locally registered foreign lawyers
199. Publication of information about locally registered foreign lawyers
200. State Administrative Tribunal orders about conditions
201. Exemption by Board
202. Membership of professional association
203. Review by State Administrative Tribunal

PART 9 -- Trust money and trust accounts

Division 1 -- Preliminary

204. Purposes
205. Definitions
206. Money involved in financial services or investments
207. Determinations about status of money
208. Application of Part to law practices and trust money
209. Trust money protocols
210. When money is received
211. Discharge by legal practitioner associate of obligations of law practice
212. Liability of principals of law practices
213. Former practices, principals and associates

Division 2 -- Trust accounts and trust money

214. Maintenance of general trust account
215. Certain trust money to be deposited in general trust account
216. Holding, disbursing and accounting for trust money
217. Manner of withdrawal of trust money from general trust account
218. Controlled money
219. Manner of withdrawal of controlled money from controlled money account
220. Transit money
221. Trust money subject to specific powers
222. Trust money received in the form of cash
223. Protection of trust money
224. Intermixing money
225. Dealing with trust money: legal costs and unclaimed money
226. Deficiency in trust account
227. Reporting certain irregularities and suspected irregularities
228. Keeping trust records
229. False names

Division 3 -- Investigations

230. Appointment of investigators
231. Investigations
232. Application of PART 15
233. Investigator’s report and confidentiality
234. When costs of investigation are debt

Division 4 -- External examinations

235. Designation of external examiners
236. Designation and appointment of associates as external examiners
237. Trust records to be externally examined
238. Examination of affairs in connection with examination of trust records
239. Final examination of trust records
240. Carrying out examination
241. External examiner’s report and confidentiality
242. Law practice liable for costs of examination

Division 5 -- Provisions relating to ADIs

243. ADI not subject to certain obligations and liabilities
244. Reports, records and information

Division 6 -- Miscellaneous

245. Restrictions on receipt of trust money
246. Restrictions on receipt of trust money by interstate legal practitioners
247. Application of Part to incorporated legal practices and multi-disciplinary partnerships
248. Disclosure to clients -- money not received or held as trust money
249. Disclosure of accounts used to hold money entrusted to law practice or legal practitioner associate
250. Regulations

PART 10 -- Costs disclosure and assessment

Division 1 -- Preliminary

251. Purposes
252. Definitions
253. Terms relating to third party payers

Division 2 -- Application of this Part

254. Application of Part -- first instructions rule
255. Part also applies by agreement or at client’s election
256. Displacement of Part
257. How and where a client first instructs a law practice
258. When a matter has a substantial connection with this jurisdiction
259. What happens when different laws apply to a matter

Division 3 -- Costs disclosure

260. Disclosure of costs to clients
261. Disclosure if another law practice is to be retained
262. How and when disclosure must be made
263. Exceptions to requirement for disclosure
264. Additional disclosure -- settlement of litigious matters
265. Additional disclosure -- uplift fees
266. Form of disclosure
267. Ongoing obligation to disclose
268. Effect of failure to disclose
269. Progress reports
270. Disclosure to associated third party payers

Division 4 -- Legal costs generally

271. Basis on which legal costs are recoverable
272. Security for legal costs
273. Interest on unpaid legal costs

Division 5 -- Legal costs determinations

274. Terms used in this Division
275. Legal costs determinations
276. Review of costs determinations
277. Inquiries by Legal Costs Committee
278. Notice and submissions in respect of determination
279. Report and publication of costs determinations
280. Effect of costs determination
281. Reports

Division 6 -- Costs agreements

282. Making costs agreements
283. Conditional costs agreements
284. Conditional costs agreements involving uplift fees
285. Contingency fees are prohibited
286. Effect of costs agreement
287. Certain costs agreements void
288. Setting aside costs agreements

Division 7 -- Billing

289. Legal costs cannot be recovered unless bill has been given
290. Bills
291. Notification of client’s rights
292. Request for itemised bill
293. Interim bills

Division 8 -- Costs assessment

294. Meaning of client
295. Application by clients or third party payers for costs assessment
296. Application for costs assessment by law practice retaining another law practice
297. Application for costs assessment by law practice giving bill
298. Consequences of application
299. Persons to be notified of application
300. Procedure on assessment
301. Criteria for assessment
302. Assessment of costs by reference to costs agreement
303. Assessment of costs by reference to costs determination
304. Costs of assessment
305. Certification and interest
306. Assessment of Legal Aid Commission bill
307. Referral for disciplinary action
308. Review of assessment
309. Contracting out of Division by sophisticated clients

Division 9 -- Legal Costs Committee

Subdivision 1 -- Establishment

310. Legal Costs Committee
311. Nominations
312. Term of office
313. Deputy chairperson
314. Deputy members
315. Removal and resignation
316. Leave of absence
317. Remuneration and allowances

Subdivision 2 -- Procedure

318. Meetings
319. Voting
320. Quorum
321. Legal Costs Committee to determine procedures

Subdivision 3 -- Support and financial provisions

322. Use of staff and facilities of departments
323. Funds
324. Application of Financial Management Act 2006 and Auditor General Act 2006

Division 10 -- Miscellaneous

325. Application of PART to incorporated legal practices and multi-disciplinary partnerships
326. Imputed acts, omissions or knowledge

PART 11 -- Professional indemnity insurance

327. Terms used in this Part
328. Regulations as to professional indemnity insurance
329. Law Mutual (WA)
330. Law Mutual Fund
331. PII management committee
332. Delegation

PART 12 -- Fidelity cover

Division 1 -- Preliminary

333. Purpose
334. Definitions
335. Time of default

Division 2 -- Solicitors’ Guarantee Fund

336. Establishment of Guarantee Fund
337. Payment of contributions by local legal practitioners
338. Payment of contributions by interstate legal practitioners
339. Levy to supplement Guarantee Fund
340. Failure to pay levy
341. Insurance
342. Investment of Guarantee Fund
343. Borrowing

Division 3 -- Fidelity cover

Subdivision 1 -- Application provisions

344. Application to Australian-registered foreign lawyers
345. Application to incorporated legal practices
346. Application to multi-disciplinary partnerships
347. Application to sole practitioners whose practising certificates lapse

Subdivision 2 -- Defaults to which this Division applies

348. Meaning of relevant jurisdiction
349. Defaults to which this Division applies
350. Defaults relating to financial services or investments

Subdivision 3 -- Claims about defaults

351. Claims about defaults
352. Time limit for making claims
353. Advertisements
354. Time limit for making claims following advertisement
355. Claims not affected by certain matters
356. Investigation of claims
357. Advance payments

Subdivision 4 -- Determination of claims

358. Determination of claims
359. Maximum amount allowable
360. Costs
361. Interest
362. Reduction of claim because of other benefits
363. Subrogation
364. Repayment of certain amounts
365. Notification of delay in making decision
366. Notification of decision
367. Proceedings against Trust restrained
368. Proceedings to establish claim
369. Court proceedings

Subdivision 5 -- Payments from Guarantee Fund for defaults

370. Application of Guarantee Fund
371. Caps on payments
372. Sufficiency of Guarantee Fund

Subdivision 6 -- Claims by law practices or associates

373. Claims by law practices or associates about defaults
374. Claims by law practices or associates about notional defaults

Subdivision 7 -- Defaults involving interstate elements

375. Concerted interstate defaults
376. Defaults involving interstate elements where committed by one associate only

Subdivision 8 -- Inter-jurisdictional provisions

377. Fidelity protocols
378. Forwarding of claims
379. Investigation of defaults to which this Division applies
380. Investigation of defaults to which a corresponding law applies
381. Investigation of concerted interstate defaults and other defaults involving interstate elements
382. Recommendations by Trust to corresponding authorities
383. Recommendations to and decisions by Trust after receiving recommendations from corresponding authorities
384. Request to another jurisdiction to investigate aspects of claim
385. Request from another jurisdiction to investigate aspects of claim
386. Cooperation with other authorities

Division 4 -- Interest on trust accounts

387. ADI to pay interest on trust accounts to Trust
388. Application of interest
389. Audit of expenditure
390. Application of Financial Management Act 2006 and Auditor General Act 2006

Division 5 -- Legal Contribution Trust

391. Establishment of Trust
392. Relationship to Crown
393. Constitution of Trust
394. Chairperson
395. Deputies
396. Vacation of office
397. Meetings
398. Voting
399. Functions of the Trust
400. Execution of documents by the Trust

PART 13 -- Complaints and discipline

Division 1 -- Preliminary

401. Purposes

Division 2 -- Key concepts

402. Unsatisfactory professional conduct
403. Professional misconduct
404. Conduct capable of constituting unsatisfactory professional conduct or professional misconduct

Division 3 -- Application

405. Practitioners to whom this Part applies
406. Application of Part to lawyers, former lawyers and former practitioners
407. Conduct to which this Part applies -- generally
408. Conduct to which this Part applies -- insolvency, serious offences and tax offences

Division 4 -- Complaints about Australian legal practitioners

409. Complaints
410. Making of complaints
411. Time of complaint
412. Further information and verification
413. Practitioner to be notified of complaint
414. Submissions by practitioner
415. Summary dismissal of complaints
416. Withdrawal of complaint

Division 5 -- Mediation

417. Mediation of complaints
418. Facilitation of mediation
419. Admissibility of evidence and documents
420. Order following mediation

Division 6 -- Investigation by Complaints Committee

421. Investigations
422. Application of PART 15
423. Referral of matters for costs assessment

Division 7 -- Decision of Complaints Committee

424. Decision of Complaints Committee after investigation
425. Dismissal of complaint
426. Summary conclusion of complaint procedure
427. Record of decision
428. Referrals to State Administrative Tribunal
429. Costs

Division 8 -- General procedural matters

430. Procedure
431. Duty to deal with complaints efficiently and expeditiously
432. Complainant and practitioner to be informed of action taken
433. Parties
434. Proceedings generally not to be public
435. Review of Complaints Committee decision

Division 9 -- Immediate suspension of local practising certificate

436. Interim restrictions on practice

Division 10 -- Proceedings in State Administrative Tribunal

437. Constitution of State Administrative Tribunal under this Act
438. Jurisdiction of State Administrative Tribunal
439. Orders requiring official implementation in this jurisdiction
440. Orders requiring official implementation in another jurisdiction
441. Orders requiring compliance by practitioner
442. Alternative finding
443. Interlocutory and interim orders
444. Court may punish
445. Official notification to Board and Complaints Committee of removals from local roll
446. Compliance with orders
447. Other remedies not affected

Division 11 -- Compensation

448. Compensation orders
449. Prerequisites to making of compensation orders
450. Effect on other remedies

Division 12 -- Publicising disciplinary action

451. Definitions
452. Register of Disciplinary Action
453. Other means of publicising disciplinary action
454. Quashing of disciplinary action
455. Liability for publicising disciplinary action
456. Disciplinary action taken because of infirmity, injury or illness
457. Effect of secrecy provisions and non-disclosure orders

Division 13 -- Inter-jurisdictional provisions

458. Conduct protocols
459. Request to another jurisdiction to investigate complaint or conduct
460. Request from another jurisdiction to investigate complaint or conduct
461. Sharing of information with corresponding authorities
462. Cooperation with other authorities
463. Compliance with recommendations or orders made under corresponding laws
464. Other powers or functions not affected

Division 14 -- Miscellaneous

465. Jurisdiction of Supreme Court
466. Failure to comply with orders
467. Confidentiality of client communications
468. Claims of privilege
469. Waiver of privilege or duty of confidentiality

PART 14 -- External intervention

Division 1 -- Preliminary

470. Purposes
471. Definitions
472. Application of Part to Australian-registered foreign lawyers
473. Application of Part to other persons

Division 2 -- Initiation of external intervention

474. Circumstances warranting external intervention
475. Determination regarding external intervention

Division 3 -- Supervisors of trust money

476. Appointment of supervisor of trust money
477. Notice of appointment
478. Effect of service of notice of appointment
479. Role of supervisor of trust money
480. Records of and dealing with trust money of law practice under supervision
481. Termination of supervisor’s appointment

Division 4 -- Managers

482. Appointment of manager
483. Notice of appointment
484. Effect of service of notice of appointment
485. Role of manager
486. Records and accounts of law practice under management and dealings with trust money
487. Deceased estates
488. Termination of manager’s appointment

Division 5 -- Receivers

489. Appointment of receiver
490. Notice of appointment
491. Effect of service of notice of appointment
492. Role of receiver
493. Records and accounts of, and dealing with trust money of, law practice under receivership
494. Power of receiver to take possession of regulated property
495. Power of receiver to take delivery of regulated property
496. Power of receiver to deal with regulated property
497. Power of receiver to require documents or information
498. Examinations
499. Lien for costs on regulated property
500. Regulated property not to be attached
501. Recovery of regulated property where there has been a breach of trust
502. Improperly destroying property
503. Deceased estates
504. Termination of receiver’s appointment

Division 6 -- General

505. Conditions on appointment of external intervener
506. Status of acts of external intervener
507. Eligibility for reappointment or authorisation
508. Review of appointment
509. Directions of State Administrative Tribunal
510. Manager and receiver appointed for law practice
511. ADI disclosure requirements
512. Fees, legal costs and expenses
513. Reports by external intervener
514. Confidentiality
515. Provisions relating to requirements under this Part
516. Obstruction of external intervener

PART 15 -- Provisions relating to investigations

Division 1 -- Preliminary

517. Definitions

Division 2 -- Requirements relating to documents, information and other assistance

518. Application of Division
519. Requirement to provide access to documents and information relating to affairs of law practice
520. Requirements in relation to complaint investigations
521. Provisions relating to requirements under this Division

Division 3 -- Entry and search of premises

522. Application of Division
523. Investigator’s power to enter premises
524. Search warrant
525. Powers of investigator while on premises

Division 4 -- Additional powers in relation to incorporated legal practices

526. Application of Division
527. Powers relating to investigations and audits to which this Division applies
528. Examination of persons
529. Inspection of books
530. Power to hold hearings

Division 5 -- Miscellaneous

531. Obstruction or misleading of investigator
532. Obligations of Australian lawyers
533. Permitted disclosure of confidential information

PART 16 -- Regulatory authorities

Division 1 -- Legal Practice Board

Subdivision 1 -- Establishment

534. Board established
535. Relationship to the Crown
536. Board members
537. Who may vote in election
538. Vacation of office by member
539. Functions
540. Powers
541. Chairperson and deputy chairperson
542. Casual vacancies

Subdivision 2 -- Performance

543. Presiding at meetings
544. Quorum
545. Voting
546. Procedures
547. Delegation

Subdivision 3 -- Financial and reporting provisions

548. Application of funds
549. Accounts and records
550. Audit
551. Annual and other reports

Subdivision 4 -- Miscellaneous

552. Committees
553. Secretary of the Board
554. Execution of documents by the Board

Division 2 -- Legal Profession Complaints Committee

Subdivision 1 -- Establishment

555. Legal Profession Complaints Committee established
556. Complaints Committee members
557. Functions of the Complaints Committee
558. Term of appointment -- representative of the community
559. Deputy chairperson
560. Deputies of representatives of the community
561. Removal or resignation
562. Leave of absence
563. Termination of office may be deferred
564. Remuneration and allowances
565. Saving

Subdivision 2 -- Performance

566. Quorum
567. Meetings
568. Divisions
569. Voting
570. Complaints Committee may determine its own procedures
571. Reports

Division 3 -- Law Complaints Officer and staff

572. Law Complaints Officer
573. Delegation to Law Complaints Officer
574. Staff

PART 17 -- Rules

Division 1 -- Admission rules

575. Admission rules

Division 2 -- Legal profession rules

576. Subject-matter of legal profession rules
577. Rules for Australian legal practitioners
578. Rules for Australian-registered foreign lawyers
579. Rules for incorporated legal practices and multi-disciplinary partnerships
580. Rules for Board, Law Library and Complaints Committee

Division 3 -- General provisions

581. Binding nature of legal profession rules
582. Rules inconsistent with regulations
583. Rules are subsidiary legislation

PART 18 -- General provisions

584. Liability of principals
585. Injunctions
586. Disclosure of information by local regulatory authorities
587. Confidentiality of personal information
588. Professional privilege or duty of confidence does not affect validity or compliance with certain requirements
589. Duty to report suspected offences
590. Contempt of the Supreme Court
591. Protection from liability
592. Legal proceedings
593. Evidentiary certificates
594. Approved forms
595. Laying documents before House of Parliament that is not sitting
596. Regulations
597. Review of Act

PART 19 -- Repeal, savings, transitional and other provisions

Division 1 -- Repeals

598. Legal Practice Act 2003 repealed
599. Legal Contribution Trust Act 1967 repealed
600. Interpretation Act 1984 not affected

Division 2 -- Savings and transitional provisions relating to repeal of Legal Practice Act 2003

601. Definitions
602. Articles and other practical legal training
603. Admission
604. Existing applications for admission
605. The Roll
606. Practising certificates
607. Actions before the commencement day that continue to have effect
608. Restricted legal practice
609. Foreign lawyers
610. Incorporated legal practices
611. Orders in relation to multi-disciplinary partnerships
612. Approvals under section 133 of 2003 Act
613. Authority to receive trust money
614. Deficiencies in trust accounts
615. Investigations
616. Client information and legal costs
617. Legal costs determinations and Legal Costs Committee
618. Legal Practice Board continued
619. Membership of Board
620. Complaints Committee continued
621. Complaints and investigations under Act of prior conduct
622. Discipline
623. Examiners
624. Orders under section 149 of 2003 Act
625. Orders under section 150 of 2003 Act
626. Appointments and authorisations under section 151 of the 2003 Act
627. Appointments under section 154 of the 2003 Act
628. Appointments and orders under section 156 of the 2003 Act
629. Board may give directions
630. References to 1893 and 2003 Acts and related matters

Division 3 -- Savings and transitional provisions relating to repeal of Legal Contribution Trust Act 1967

631. Terms used in this Division
632. Legal Contribution Trust continued
633. Solicitors’ Guarantee Fund
634. Contributions
635. Claims for acts happening before the commencement day
636. References to Legal Contribution Trust Act 1967

Division 4 -- Transitional regulations

637. Transitional regulations

PART 20 -- Consequential amendments

638. Adoption Act 1994 amended
639. Agricultural Practices (Disputes) Act 1995 amended
640. Australian Crime Commission (Western Australia) Act 2004 amended
641. Builders’ Registration Act 1939 amended
642. Children and Community Services Act 2004 amended
643. Children’s Court of Western Australia Act 1988 amended
644. Chiropractors Act 2005 amended
645. Civil Judgments Enforcement Act 2004 amended
646. Civil Liability Act 2002 amended
647. Coal Industry Tribunal of Western Australia Act 1992 amended
648. Commercial Arbitration Act 1985 amended
649. Companies (Co-operative) Act 1943 amended
650. Constitution Acts Amendment Act 1899 amended
651. Consumer Affairs Act 1971 amended
652. Coroners Act 1996 amended
653. Corporations (Western Australia) Act 1990 amended
654. Corruption and Crime Commission Act 2003 amended
655. Criminal Injuries Compensation Act 2003 amended
1. Qualifications for appointment 441
656. Criminal Investigation Act 2006 amended
657. Criminal Procedure Act 2004 amended
658. Debt Collectors Licensing Act 1964 amended
659. Director of Public Prosecutions Act 1991 amended
660. District Court of Western Australia Act 1969 amended
661. Equal Opportunity Act 1984 amended
662. Evidence Act 1906 amended
663. Family Court Act 1997 amended
664. Finance Brokers Control Act 1975 amended
665. Gas Pipelines Access (Western Australia) Act 1998 amended
666. Gender Reassignment Act 2000 amended
667. Guardianship and Administration Act 1990 amended
668. Industrial Relations Act 1979 amended
669. Juries Act 1957 amended
670. Jurisdiction of Courts (Cross-vesting) Act 1987 amended
671. Land Valuers Licensing Act 1978 amended
672. Law Reform Commission Act 1972 amended
673. Law Society Public Purposes Trust Act 1985 amended
674. Legal Aid Commission Act 1976 amended
675. Liquor Control Act 1988 amended
676. Long Service Leave Act 1958 amended
677. Magistrates Court Act 2004 amended
678. Magistrates Court (Civil Proceedings) Act 2004 amended
679. Medical Radiation Technologists Act 2006 amended
680. Mental Health Act 1996 amended
681. Mining Act 1978 amended
682. Motor Vehicle (Third Party Insurance) Act 1943 amended
683. Nurses and Midwives Act 2006 amended
684. Oaths, Affidavits and Statutory Declarations Act 2005 amended
8. Meaning of experienced legal practitioner 470
685. Occupational Therapists Act 2005 amended
686. Official Prosecutions (Accused’s Costs) Act 1973 amended
687. Optometrists Act 2005 amended
688. Osteopaths Act 2005 amended
689. Physiotherapists Act 2005 amended
690. Planning and Development Act 2005 amended
691. Podiatrists Act 2005 amended
692. Police Act 1892 amended
693. Psychologists Act 2005 amended
694. Public Notaries Act 1979 amended
695. Racing Penalties (Appeals) Act 1990 amended
696. Real Estate and Business Agents Act 1978 amended
697. Registration of Deeds Act 1856 amended
698. Residential Tenancies Act 1987 amended
699. Restraining Orders Act 1997 amended
700. Royal Commission (Police) Act 2002 amended
701. Sale of Goods (Vienna Convention) Act 1986 amended
702. Sale of Land Act 1970 amended
703. Security and Related Activities (Control) Act 1996 amended
704. Settlement Agents Act 1981 amended
705. Solicitor-General Act 1969 amended
706. State Administrative Tribunal Act 2004 amended
707. Strata Titles Act 1985 amended
708. Suitors’ Fund Act 1964 amended
709. Supreme Court Act 1935 amended
710. Terrorism (Preventative Detention) Act 2006 amended
711. Transfer of Land Act 1893 amended
712. Western Australian College of Teaching Act 2004 amended
713. Workers’ Compensation and Injury Management Act 1981 amended
714. Young Offenders Act 1994 amended
Compilation table

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