New South Wales Consolidated Acts

LEGAL PROFESSION UNIFORM LAW (NSW) - SECT 427

427 Development of Legal Practice Rules, Legal Profession Conduct Rules and Continuing Professional Development Rules

(1) This section applies to proposed Uniform Rules designated as Legal Practice Rules, Legal Profession Conduct Rules and Continuing Professional Development Rules, and has effect subject to sections 429 and 430.

(2) The Law Council of Australia may develop proposed Uniform Rules (to which this section applies) so far as they apply or relate to solicitors.

(3) The Australian Bar Association may develop proposed Uniform Rules (to which this section applies) so far as they apply or relate to barristers.

(4) The Law Council of Australia and Australian Bar Association may develop proposed Uniform Rules (to which this section applies) so far as they apply or relate to Australian-registered foreign lawyers.

(5) In developing proposed Uniform Rules (to which this section applies), the Law Council of Australia or Australian Bar Association or both (as the case requires)--

(a) must consult with the Legal Services Council, the Commissioner, and such of the Legal Services Council's advisory committees and local regulatory authorities as the Legal Services Council considers appropriate, for a minimum period of 30 days; and

(b) must, with the approval of the Legal Services Council, release a draft of the proposed Uniform Rules for public consultation and invite written submissions about the draft to be made to the Law Council or Australian Bar Association or both (as the case requires) during a specified period of at least 30 days; and

(c) must consider all reasonable submissions duly made and received and provide the Legal Services Council with a copy of all submissions received; and

(d) must, after considering the submissions and making any amendments to the draft, submit a final draft to the Legal Services Council, together with a report demonstrating compliance with the requirements of this subsection.

(6) If the Legal Services Council approves the final draft as submitted to the Legal Services Council, or that draft with amendments agreed to by the Law Council of Australia or Australian Bar Association or both (as the case requires), the Legal Services Council may submit the proposed Uniform Rules to the Standing Committee.