Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this
section —
legal work means —
(a) any
work in connection with the administration of law; or
(b)
drawing or preparing any deed, instrument or writing relating to or in any
manner dealing with or affecting —
(i)
real or personal estate or any interest in real or
personal estate; or
(ii)
any proceedings at law, civil or criminal, or in equity;
public officer has the meaning given in
The Criminal Code.
(2) A person must not
engage in legal practice in this jurisdiction unless the person is an
Australian legal practitioner.
(3)
Subsection (2) does not apply to engaging in legal practice of the
following kinds —
(a)
legal practice engaged in under the authority of a law of this jurisdiction or
of the Commonwealth;
(b)
legal practice engaged in by an incorporated legal practice in accordance with
Part 7 Division 2;
(c) the
practice of foreign law by an Australian-registered foreign lawyer in
accordance with Part 8;
(d)
appearing or defending in person in a court;
(e)
drawing or preparing a transfer under the Transfer of Land Act 1893 ;
(f) a
public officer doing legal work in the course of his or her duties;
(g) a
person doing legal work under the supervision of an Australian legal
practitioner, as a paid employee of a law practice or in the course of
approved legal training;
(h)
legal practice of a kind prescribed by the regulations.
(4) It is a defence to
a prosecution for an offence against subsection (2) in relation to the
doing of legal work to show that the person who did the legal work has not
directly or indirectly been paid or remunerated or promised or expected pay or
remuneration for the work so done (the unpaid work ).
(5)
Subsection (4) does not apply if the person directly or indirectly
receives, expects or is promised, pay or remuneration for or in respect of
other work or services relating to, connected with or arising out of the same
transaction or subject matter as that to which the unpaid work relates.
(6) A person is not
entitled to recover any amount in respect of anything the person did in
contravention of subsection (2).
(7) A person may
recover from another person in a court of competent jurisdiction, as a debt
due to the person, any amount the person paid to the other person in respect
of anything the other person did in contravention of subsection (2).
(8) The regulations
may make provision for or with respect to the application (with or without
specified modifications) of provisions of this Act to persons engaged in legal
practice of a kind referred to in subsection (3) (other than
subsection (3)(a) and (b)).