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LEGAL PROFESSION UNIFORM LAW APPLICATION ACT 2014


- As at 17 April 2020 
- Act 16 of 2014 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Definitions
   3A.     General definitions for other legislation

   PART 2 - APPLICATION OF UNIFORM LAW

           Division 1 - General application provisions

   4.      Application of Legal Profession Uniform Law
   5.      Exclusion of legislation of this jurisdiction
   6.      Application of privacy and other legislation
   7.      Application of Public Finance and Audit Act 1983
   8.      Scrutiny and disallowance of Uniform Regulations
   9.      No double jeopardy

           Division 2 - Further application provisions

   10.     Meaning of term used in Legal Profession Uniform Law (NSW)
   11.     Designation of local authorities and tribunals
   12.     Nomination of nominated fund and nominated trust authority
   13.     Specification of fund
   14.     Unclaimed money
   15.     Fidelity fund
   16.     Fidelity authority
   17.     Issuing authority for search warrants
   18.     Pecuniary penalties to be paid into Public Purpose Fund
   18A.    Part 3 of Schedule 4 applies
   18B.    Non-compellability of certain witnesses

   PART 3 - LOCAL REGULATORY AUTHORITIES

           Division 1 - Legal Profession Admission Board

   19.     Constitution of NSW Admission Board
   20.     Functions of NSW Admission Board
   20A.    Delegation of functions of NSW Admission Board
   21.     Entitlement to be represented, heard and make representations
   21A.    NSW Admission Board Rules

           Division 2 - Legal Services Commissioner

   22.     Appointment of NSW Commissioner
   23.     Acting NSW Commissioner
   24.     Functions of NSW Commissioner
   25.     NSW Commissioner may require Councils to provide information
   26.     Annual report of NSW Commissioner
   27.     Staff of NSW Commissioner
   28.     Delegation of functions of NSW Commissioner

           Division 3 - Bar Council

   29.     Functions of Bar Council
   30.     Delegation of functions of Bar Council

           Division 4 - Law Society Council

   31.     Functions of Law Society Council
   32.     Delegation of functions of Law Society Council

           Division 5 - Miscellaneous

   33.     Lay representation on committees
   34.     Councils to submit annual report
   35.     Court appearances

   PART 4 - PRACTISING CERTIFICATES AND REGISTRATION CERTIFICATES

           Division 1 - Australian practising certificates

   36.     Australian practising certificate fees and fidelity fund contributions
   37.     Timing of application for renewal of local practising certificate
   38.     Fee for practising certificate
   39.     Late fee
   40.     Late fee for certain applications for new practising certificates
   41.     Audit of Council activities

           Division 2 - Australian registration certificates

   42.     Australian registration certificate fees, fidelity fund contributions, and costs and expenses

           Division 3 - General

   43.     Attorney General
   44.     Crown Solicitor
   45.     Government lawyers
   45A.    Corporate lawyers

   PART 5 - TRUST ACCOUNTS AND PUBLIC PURPOSE FUND

           Division 1 - Trust accounts--statutory deposits

   46.     Statutory deposits
   47.     Status and repayment of deposited money

           Division 2 - Public Purpose Fund

   48.     Public Purpose Fund
   49.     Trustees of the Public Purpose Fund
   50.     Management and control of Fund
   50A.    Community legal services account
   51.     Arrangements with ADIs
   52.     Payments from Fund
   53.     Payment of certain costs from Fund
   54.     Submission of budgets and supplementary budgets to Secretary
   55.     Discretionary payments from Fund for other purposes
   56.     Payments from Fund for costs of uniform authorities
   57.     Performance audits
   58.     Information about Fund to be included in Law Society Council report

   PART 6 - LEGAL COSTS--PARTICULAR KINDS OF COSTS

   59.     Local regulations to provide for fixed costs
   60.     Provisions relating to local regulations on fixed costs
   61.     Maximum costs in personal injury damages matters
   62.     Costs in civil claims--no reasonable prospects of success

   PART 7 - LEGAL COSTS--COSTS ASSESSMENT

           Division 1 - Preliminary

   63.     Definitions
   64.     Application of this Part
   65.     Costs of barrister briefed directly by client

           Division 2 - Costs assessment generally

   66.     Provision for costs assessment
   67.     Conduct of costs assessments
   68.     Applications for costs assessment
   69.     Consideration of applications
   70.     Certificate as to determination of costs to parties
   71.     Certificate as to determination of costs of costs assessor and Manager, Costs Assessment
   72.     Determination of costs when agreed
   73.     Costs determination to be final

           Division 3 - Assessment of ordered costs--additional provisions

   74.     Applications for costs assessment of ordered costs
   75.     Conduct of costs assessments of ordered costs
   76.     Criteria for costs assessments of ordered costs
   77.     Use of costs agreements in connection with ordered costs
   78.     Costs of costs assessment of ordered costs
   79.     Court or tribunal may determine matters
   80.     Application of provisions of Legal Profession Uniform Law (NSW)

           Division 4 - Assessment of Uniform Law costs--additional provisions

   81.     Interest on costs

           Division 5 - Reviews

   82.     Review panels
   83.     Application by party for review
   84.     Application by Manager, Costs Assessment for review
   85.     Conduct of reviews
   86.     Effect of review on costs assessor's determination
   87.     Certificate as to review panel's substituted determination of costs to parties
   88.     Certificate as to determination of costs of review panel

           Division 6 - Appeals

   89.     Appeal on matters of law and fact
   90.     Effect of appeal on review panel decision
   91.     Notices of appeal

           Division 7 - Costs assessment rules

   92.     Costs Assessment Rules Committee
   93.     Costs assessment rules
   93A.    Compliance with requirements about documents and other matters

           Division 8 - Miscellaneous

   93B.    Manager, Costs Assessment
   93C.    Costs assessors
   93D.    Confidentiality
   93E.    Referral of matters for costs assessment under Chapter 5 of the Legal Profession Uniform Law (NSW)
   93F.    Protection from liability
   93G.    Costs of this Part

   PART 8 - PROFESSIONAL INDEMNITY INSURANCE

           Division 1 - Introduction

   94.     Purpose of this Part
   95.     Approved insurance policy
           Divisions 2-5 - (Repealed)
           None

   PART 9 - FIDELITY COVER
   Note

           Division 1 - Legal Practitioners Fidelity Fund

   115.    Establishment of Legal Practitioners Fidelity Fund
   116.    Establishment of separate Legal Practitioners Fidelity Fund Account
   117.    Investment of Fidelity Fund
   118.    Payments from Fidelity Fund
   119.    Management Committee
   120.    Audit
   121.    Insurance

           Division 2 - Claims about defaults

   122.    Claims about defaults
   123.    Availability of property of Law Society

           Division 3 - General

   124.    Application of provisions of Uniform Law

   PART 10 - RIGHTS OF REVIEW

   125.    Right of review by NCAT about Australian practising certificates and Australian registration certificates
   126.    Right of review by NCAT about certain determinations of local regulatory authority in consumer and disciplinary matters
   127.    Local regulations may provide rights of review
           128-134. (Repealed)

   PART 11 - PROCEDURES OF NCAT AS DESIGNATED TRIBUNAL FOR DISCIPLINARY MATTERS

   135.    Purpose of this Part and definitions
   136.    Proceedings may involve one or more matters
   137.    Time for initiating proceedings
   138.    Hearings
   139.    Joinder
   140.    Variation of disciplinary application
   141.    Nature of allegations
   142.    Substitution of applicant
   143.    Interlocutory and interim orders
   144.    Consent orders
   145.    Compliance with determinations and orders
   146.    Notification of progress and result of proceedings before Tribunal
   147.    Early termination of proceedings before Tribunal

   PART 12 - REGISTERS AND PUBLICISING DISCIPLINARY ACTION

   148.    Definitions
   149.    Register of local practising certificates
   150.    Register of local registration certificates
   151.    Register of disqualification orders and approvals
   152.    Register of Disciplinary Action
   153.    Other means of publicising disciplinary action
   154.    Quashing of disciplinary action
   155.    Liability for publicising disciplinary action
   156.    Disciplinary action taken where infirmity, injury or illness is involved
   157.    Effect of secrecy provisions and non-disclosure orders

   PART 13 - MISCELLANEOUS

   158.    Information sharing
   159.    Liability of principals
   160.    Prohibition of official schemes for recognition of seniority or status
   161.    Defect or irregularity in person's appointment
   162.    Approved forms
   163.    Delegation
   164.    Protection from liability
   165.    Penalty notices
   165A.   Proceedings for offences
   165B.   Conduct capable of constituting unsatisfactory professional conduct or professional misconduct
   166.    Local regulations
   167.    Tabling of certain annual reports in Parliament when it is not sitting
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5
           SCHEDULE 6
           SCHEDULE 7
           Schedule 8 (Repealed)
           SCHEDULE 9
           Schedule 10 (Repealed)
           NOTE - Legal Profession Uniform Law


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