New South Wales Consolidated Acts

LEGAL PROFESSION UNIFORM LAW (NSW) - SECT 331

331 Role of supervisor of trust money

(1) A supervisor of trust money of a law practice has the powers and other functions of the law 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 his or her powers and other functions 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 law practice or an associate or former associate of the law practice or any other person who has or had control of documents relating to trust money received by the law 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 his or her 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 his or her appointment.

(3) If the supervisor takes anything from the premises, the supervisor must issue a receipt in a form approved by the designated local regulatory authority 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) This section applies to trust money held by the law practice before the supervisor is appointed, as well as to trust money received afterwards.

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

(6) The supervisor may enter and remain on premises under subsection (2)(a) only--

(a) during normal business hours; or

(b) during other hours with the consent of the occupier of the premises.

(7) The supervisor must not enter premises under subsection (2)(a) unless, before the entry, he or she has produced for inspection by the occupier--

(a) the supervisor's notice of appointment; and

(b) a form of identification that includes the supervisor's photograph and signature.

(8) However, if the supervisor is refused access to the premises or the premises are unoccupied and the supervisor considers that entry is necessary to prevent destruction of documents or for another urgent reason, 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.

(9) The supervisor must take all reasonable steps to return any material to the person entitled to it as soon as it is no longer required for the purpose of the supervisor's functions.

(10) If the supervisor takes possession of--

(a) a document, disk, tape or other thing that can be readily copied; or

(b) a storage device, the information in which can be readily copied--

under this section, the supervisor (on request by the occupier, a principal of a law practice or a person from whom it was taken) must give a copy of the thing or information to that person as soon as practicable after taking possession of it.