Queensland Numbered Acts

COURT AND CIVIL LEGISLATION AMENDMENT ACT 2017 - SECT 153

153 Insertion of new s 73A

After section 73—
insert—

73A Holding of practising certificates

(1) If the board recommends the appointment, as chief executive officer, of a person who is not a lawyer, the board must nominate—

(a) a Legal Aid lawyer (the
"primary holder" ) to hold a relevant practising certificate; and

(b) another Legal Aid lawyer (a
"reserve holder" ) to hold a relevant practising certificate, on the condition the certificate comes into force only if the primary holder ceases to be a Legal Aid lawyer.

(2) Also, the board must nominate a Legal Aid lawyer (also a
"reserve holder" ) to hold a relevant practising certificate on the condition mentioned in subsection (1)(b) if—

(a) a person who is not a lawyer is appointed as the chief executive officer; and

(b) during the person’s term of office, the primary holder or a reserve holder (including a reserve holder nominated under this subsection) ceases to be a Legal Aid lawyer.

(3) The board may nominate a Legal Aid lawyer under subsection (1) or (2) only if—

(a) the lawyer has appropriate seniority and experience; and

(b) the nomination is approved by the Attorney-General.

(4) If the relevant practising certificate held by a reserve holder comes into force, the holder is taken, for this section, to be the primary holder in relation to the certificate.

(5) The Legal Profession Act 2007 , section 45(3) does not apply to a local practising certificate held by a reserve holder under this section or otherwise.

(6) In this section—

"local practising certificate" see the Legal Profession Act 2007 , schedule 2.

"relevant practising certificate" means a local practising certificate as a principal for the law firm that is Legal Aid.