Queensland Numbered Acts Queensland Numbered ActsChapter 3 —
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70 Meaning of claim referral(1) A
"claim referral" is a referral of a claimant to a person for the purpose of—(a) the person providing a service for the claimant; or(b) someone other than the person providing a service for the claimant.(2) However, a
"claim referral" does not include the advertisement or promotion of a service or person that results in a claimant using the service or person if the advertisement or promotion is made to the public or a group of persons.Examples of advertisement or promotion that is not a claim referral—• an advertisement of services provided by a law practice on the website or in the newsletter of a sporting association or charity• the distribution of promotional stationery or clothing that displays a law practice’s logo to members of an industrial organisation(3) In this section—
"claimant" includes a potential claimant.
"service" , for a claimant, means a service related to the claimant’s claim.Examples—a legal service, a medical service
71 Giving or receiving consideration for claim referrals(1) A person (a
"payer" ) must not give, agree to give or allow or cause someone else to give consideration to another person (a
"payee" ) for a claim referral or potential claim referral.Penalty—Maximum penalty—300 penalty units.(2) A person (also a
"payee" ) must not receive, agree to receive or allow or cause someone else to receive consideration from another person (also a
"payer" ) for a claim referral or potential claim referral.Penalty—Maximum penalty—300 penalty units.(3) This section does not apply if—(a) the payee is a law practice (the
"current practice" ) that is selling all or part of the law practice’s business to another law practice (the
"new practice" ); and(b) the new practice gives, agrees to give or allows or causes someone else to give the current practice an amount for the referral of a claimant to the new practice; and(c) the amount is not more than the current legal costs for the claimant; and(d) the new practice discloses payment of the amount to the claimant in a costs agreement.(4) In this section—
"claimant" includes a potential claimant.
"consideration" , for a claim referral or potential claim referral, see section 71A.
"legal costs" , for a claimant, means the fees and costs, including disbursements, a law practice is entitled to charge and recover from the claimant in relation to the claimant’s claim or potential claim.
71A Meaning of consideration for s 71(1)
"Consideration" , for a claim referral or potential claim referral, means a fee or other benefit given for the claim referral or potential claim referral but does not include a gift, other than money, or hospitality if the gift or hospitality has a value of $200 or less.(2) To remove any doubt, it is declared that
"consideration" does not include—(a) a payment or other benefit, not for a claim referral or potential claim referral, to—(i) a community legal service; or(ii) an industrial organisation; or(iii) a registered entity within the meaning of the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth) ; or(iv) a school association; or(v) a sporting association; orExample—legal services provided pro bono by an associate of a law practice to a community legal service(b) an amount given by a claimant for a service provided to the claimant as part of making a claim including, for example, an amount for legal costs.(3) In this section—
"school association" means—(a) an association under the Education (General Provisions) Act 2006 ; or(b) for a non-State school under the Education (Accreditation of Non-State Schools) Act 2017 —an association of parents and friends formed for the school.
"sporting association" means an association formed and operated on a not-for-profit basis for the purpose of conducting a sporting activity.
71B Approach or contact for the purpose of making a claim(1) A person (the
"first person" ) must not personally approach or contact another person (the
"second person" ) and solicit or induce the second person to make a claim.Penalty—Maximum penalty—300 penalty units.(2) For subsection (1), a person personally approaches or contacts another person if the person contacts the other person—(a) whether in person or by mail, telephone, email or another form of electronic communication; and(b) whether the other person is contacted individually or as a member of a class of persons.(3) This section does not apply if—(a) the first person—(i) does not expect or intend to receive, and does not receive, consideration because of the approach or contact; and(ii) does not ask for someone else to receive, or agree to someone else receiving, consideration because of the approach or contact; or(b) both of the following apply—(i) the first person is a law practice or lawyer that is supplying, or has previously supplied, the second person, or a relative of the second person, with legal services;(ii) the first person reasonably believes the second person will not object to the approach or contact; or(c) the first person—(i) is a law practice or lawyer that has been asked by a person on behalf of a community legal service or industrial organisation (a
"representative" ) to approach or contact the second person; and(ii) has been advised by the representative that the representative reasonably believes the second person will not object to the approach or contact.(4) This section applies regardless of whether—(a) the second person is entitled to make the claim; or(b) the second person had already decided to make, or had made, the claim.(5) In this section—
"consideration" means a fee or other benefit but does not include a gift, other than money, or hospitality if the gift or hospitality has a value of $200 or less.
"legal services" means work done, or business transacted, in the ordinary course of legal practice.
71C Responsibility for acts or omissions of representative(1) This section applies to a proceeding for an offence against section 71(1) or (2) or 71B.(2) If it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show—(a) the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and(b) the representative had the state of mind.(3) An act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable precautions and proper diligence, have prevented the act or omission.(4) To remove any doubt, it is declared that a representative for an individual includes an employee or agent of a partner of a partnership.(5) In this section—
"executive officer" , of a corporation, means a person who is concerned with or takes part in its management, whether or not the person is a director or secretary or the person’s position is given the name of executive officer.
"representative" means—(a) for an individual—an employee or agent of the individual; or(b) for a corporation—an executive officer, employee or agent of the corporation.
"state of mind" , of a person, includes—(a) the person’s knowledge, intention, opinion, belief or purpose; and(b) the person’s reasons for the intention, opinion, belief or purpose.
71D Additional consequences for law practice(1) This section applies if an associate of a law practice is convicted of an offence against section 61, 71(1) or (2) or 71B in relation to a claim or potential claim.(2) The law practice is not entitled to recover any fees or costs, including disbursements, that relate to the provision of services for the claim and must repay any amount received relating to the services to the person from whom it was received.
71E Maximum amount of claim-related costs that may be charged and recovered(1) This section applies if—(a) a law practice has the conduct of a speculative personal injury claim; and(b) the Legal Profession Act 2007 , section 347 does not apply to the practice.(2) The maximum amount of claim-related costs the law practice may charge and recover from a client for work done in relation to the claim can not be more than the amount worked out using the formula stated in the Legal Profession Act 2007 , section 347(1).(3) However, approval to charge and recover a greater amount may be applied for and approved in the way described in the Legal Profession Act 2007 , section 347(2) to (4).(4) This section applies to a barrister only if the barrister has not been retained by another law practice.(5) This section applies despite anything to the contrary in the costs agreement that relates to the claim.(6) In this section—
"claim-related costs" see the Legal Profession Act 2007 , section 347(8).
"speculative personal injury claim" see the Legal Profession Act 2007 , section 346.
71F Extraterritorial application of part(1) This part applies both within and outside Queensland.(2) This part applies outside Queensland to the full extent of the extraterritorial legislative power of the Parliament.
71G Reporting non-compliance(1) This section applies in relation to—(a) the supervising principal of a law practice retained by either of the following—(i) the respondent to a claim;(ii) the respondent’s insurer; and(b) the insurer for the respondent.(2) If the supervising principal reasonably believes a person is contravening a law practice certificate requirement, the supervising principal must, within 14 days after forming the belief, or a longer period agreed by the commissioner, give the commissioner the information the principal has in relation to the contravention.Note—A supervising principal’s failure to comply with this section may constitute unsatisfactory professional conduct or professional misconduct under the Legal Profession Act 2007 , chapter 4.(3) The supervising principal is taken to have formed the reasonable belief under subsection (2) if an associate of the law practice knows or ought reasonably to have known that a person is contravening a law practice certificate requirement.(4) If the insurer reasonably believes a person is contravening a law practice certificate requirement or section 71 or 71B, the insurer may give the commissioner the information the insurer has in relation to the contravention.(5) This section applies both within and outside Queensland.(6) This section applies outside Queensland to the full extent of the extraterritorial legislative power of the Parliament.(7) In this section—
"law practice certificate requirement" means a requirement under the following sections—(a) section 8C;(b) section 8E;(c) section 8F;(d) section 9C;(e) section 13A;(f) section 61.
"supervising principal" , of a law practice acting for a respondent to a claim or the respondent’s insurer, means the principal of the law practice who has primary responsibility for the conduct of the matter for the respondent or the respondent’s insurer.