2009

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Attorney-General)

2009

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Attorney-General)

An Act to amend the Legal Profession Act 2006

The Legislative Assembly for the Australian Capital Territory enacts as follows:

This Act is the Legal Profession Amendment Act 2009.

This Act commences on the day after its notification day.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

This Act amends the Legal Profession Act 2006.

(3) An appointment may be made subject to conditions—

(a) stated in the instrument of appointment; or

(b) stated in a written notice given by the licensing body to the investigator during the term of appointment; or

(c) prescribed by regulation.

(4) The licensing body may end the appointment of an investigator if the investigator breaches a condition of appointment.

Note A person’s appointment also ends if the person resigns (see Legislation Act, s 210).

(2) An appointment may be made subject to conditions—

(a) stated in the instrument of appointment; or

(b) stated in a written notice given by the relevant council to the investigator during the term of appointment; or

(c) prescribed by regulation.

(3) The relevant council may end the appointment of an investigator if the investigator breaches a condition of appointment.

Note A person’s appointment also ends if the person resigns (see Legislation Act, s 210).

omit everything before the definition of complaint investigation, substitute

In this chapter:

relevant council

licensing body

(4A) An authorisation under subsection (4) may be subject to conditions stated by the licensing body.

Note The licensing body may give an investigator a written notice stating conditions of appointment during the term of the investigator’s appointment (see s 234 (3) (b)).

(1) A person may claim compensation from the relevant council if the person suffers loss or damage because of conduct of an investigator—

(a) in the exercise or purported exercise of a function under this part; and

(b) that is unlawful or unreasonable.

(5) In this section:

conduct means an act or omission to do an act.

complaint investigation, for chapter 6 (Investigations)—see section 521.

investigator—

(a) for part 3.1 (Trust money and trust accounts)—see section 210 (2); or

(b) for chapter 6 (Investigations)—see section 521.

ILP compliance audit, for chapter 6 (Investigations)—see section 521.

trust account examination, for chapter 6 (Investigations)—see section 521.

trust account investigation, for chapter 6 (Investigations)—see section 521.

Presentation speech made in the Legislative Assembly on 2009.

Notified under the Legislation Act on 2009.

For the latest republication of amended laws, see www.legislation.act.gov.au.