Western Australian Consolidated Acts

LEGAL PROFESSION ACT 2008 - SECT 479

479 .         Role of supervisor of trust money

        (1)         A supervisor of trust money of a law practice has the powers and duties of the practice in relation to the trust money including powers —

            (a)         to receive trust money entrusted to the practice; and

            (b)         to open and close trust accounts.

        (2)         For the purpose of exercising or performing the supervisor’s powers or duties under subsection (1), the supervisor may exercise any or all of the following powers —

            (a)         to enter and remain on premises used by the law practice for or in connection with its engaging in legal practice;

            (b)         to require the practice or an associate or former associate of the practice or any other person who has or had control of documents relating to trust money received by the practice to give the supervisor either or both of the following —

                  (i)         access to the files and documents the supervisor reasonably requires;

                  (ii)         information relating to the trust money the supervisor reasonably requires;

            (c)         to operate equipment or facilities on the premises, or to require any person on the premises to operate equipment or facilities on the premises, for a purpose relevant to the supervisor’s appointment;

            (d)         to take possession of any relevant material and retain it for as long as may be necessary;

            (e)         to secure any relevant material found on the premises against interference, if the material cannot be conveniently removed;

            (f)         to take possession of any computer equipment or computer program reasonably required for a purpose relevant to the supervisor’s appointment.

        (3)         If the supervisor takes anything from the premises, the supervisor must issue a receipt in the approved form and —

            (a)         if the occupier or a person apparently responsible to the occupier is present at or near the premises, give it to him or her; or

            (b)         otherwise, leave it at the premises in an envelope addressed to the occupier.

        (4)         If the supervisor is refused access to the premises or the premises are unoccupied, the supervisor may use whatever appropriate force is necessary to enter the premises and may be accompanied by a member of the Police Force to assist entry.

        (5)         This section applies to trust money held by the practice before the supervisor is appointed, as well as to trust money received afterwards.

        (6)         The supervisor does not have a role in the management of the affairs of the law practice except in so far as the affairs relate to a trust account of the practice.