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This is a Bill, not an Act. For current law, see the Acts databases.


LEGAL PRACTICE (PRACTISING CERTIFICATES) BILL 1999

                 PARLIAMENT OF VICTORIA

   Legal Practice (Practising Certificates) Act 1999
                                   Act No.


                      TABLE OF PROVISIONS
Clause                                                                     Page

PART 1--PRELIMINARY                                                              1
  1.     Purpose                                                                 1
  2.     Commencement                                                            2
  3.     Principal Act                                                           2

PART 2--PRACTISING CERTIFICATE YEAR                                              3
  4.     Definitions                                                             3
  5.     Duration of practising certificates                                     3
  6.     Application for practising certificate                                  4
  7.     New section 23A inserted                                                7
         23A. Late application for practising certificate                        7
  8.     Trust account irregularities                                            7
  9.     Refunds                                                                 8
  10.    Suspension of practising certificate for failure to pay contribution    8
  11.    Re-allocation of practitioners                                          8
  12.    Annual report of trust account audits                                   8
  13.    Fidelity Fund contributions                                             9
  14.    Enrolment for Board elections                                           9
  15.    Refunds payable out of Legal Practice Fund                             10
  16.    Transitional arrangements for 1999-2001                                10

PART 3--FURTHER AMENDMENTS TO PRINCIPAL ACT                                     14
  17.    Additional deputy registrars of the Tribunal                           14
  18.    Repeal of spent transitional provisions                                14
                            

NOTES                                                                           15




                                        i
532161B.I1-19/3/99

 


 

PARLIAMENT OF VICTORIA A BILL to amend the Legal Practice Act 1996 to alter the practising certificate year from the calendar year to the financial year and for other purposes. Legal Practice (Practising Certificates) Act 1999 The Parliament of Victoria enacts as follows: PART 1--PRELIMINARY 1. Purpose The purpose of this Act is to amend the Legal Practice Act 1996-- 5 (a) to alter the practising certificate year from the calendar year to the financial year and deal with related matters; and 1 532161B.I1-19/3/99

 


 

Legal Practice (Practising Certificates) Act 1999 s. 2 Act No. (b) to allow for the appointment of additional deputy registrars to the Legal Profession Tribunal. 2. Commencement 5 (1) This Act (except Part 2) comes into operation on the day on which it receives the Royal Assent. (2) Part 2 comes into operation on 15 August 1999. No. 35/1996. 3. Principal Act Reprint No. 1 In this Act the Legal Practice Act 1996 is called as at 16 December 10 the Principal Act. 1997. Further amended by Nos 46/1998, 52/1998, 62/1998 and 79/1998. _______________ 2 532161B.I1-19/3/99

 


 

Legal Practice (Practising Certificates) Act 1999 s. 4 Act No. PART 2--PRACTISING CERTIFICATE YEAR 4. Definitions In section 3(1) of the Principal Act-- (a) in the definition of "audit year" for 5 "31 March" substitute "31 October"; (b) in the definition of "insolvent under administration", after paragraph (c) insert-- "or (d) a person for whom a debt agreement 10 has been made under Part IX of the Bankruptcy Act 1966 of the Commonwealth (or the corresponding provisions of the law of another jurisdiction) if the debt agreement has 15 not ended or has not been terminated;"; (c) after the definition of "practising certificate" insert-- ' "practising certificate year" means the year ending on 30 June;'. 20 5. Duration of practising certificates (1) In section 21(1) of the Principal Act for paragraph (b) substitute-- "(b) subject to sub-section (3), is valid until the following 30 June unless cancelled or 25 suspended sooner.". (2) In section 21 of the Principal Act for sub-section (2) substitute-- "(2) A practising certificate issued to an applicant under section 23 (renewing practitioner)-- 30 (a) subject to section 23(3C), takes effect on 1 July in the year in which it is 3 532161B.I1-19/3/99

 


 

Legal Practice (Practising Certificates) Act 1999 s. 6 Act No. issued or at the time of issue, whichever is the later; and (b) subject to sub-section (3), is valid until the following 30 June unless suspended 5 or cancelled sooner.". (3) In section 21(3) of the Principal Act for "the end of the calendar year" substitute "1 July in the year". 6. Application for practising certificate 10 (1) After section 22(2)(b)(iv) of the Principal Act insert-- "(v) except in the case of an incorporated practitioner, a nomination of the roll on which the applicant wishes to be enrolled for 15 the purpose of elections of practitioner members to the Board1; and". (2) After section 22(2) of the Principal Act insert-- "(3) An RPA must notify the Board of nominations made under sub-section 20 (2)(b)(v). (4) A person-- (a) who applies under this section for a practising certificate during the first 3 months of a practising certificate 25 year; and (b) who was a current practitioner immediately before the end of the previous practising certificate year-- must pay a surcharge of 200% of the 30 prescribed fee for the certificate. (5) Sub-section (4) does not apply if the application is accompanied by a statutory declaration from the applicant stating-- 4 532161B.I1-19/3/99

 


 

Legal Practice (Practising Certificates) Act 1999 s. 6 Act No. (a) that the applicant has not engaged in legal practice since the end of the previous practising certificate year; and (b) that, as at the end of the previous 5 practising certificate year, the applicant did not intend to engage in legal practice for at least the first 3 months of the current practising certificate year; and 10 (c) the reasons why the intention referred to in paragraph (b) has changed. (6) An RPA must forward each statutory declaration received under sub-section (5) to the Board.". 15 (3) In section 23 of the Principal Act-- (a) in sub-section (2) for paragraph (a) substitute-- "(a) must be made on or before 30 April (except as provided by section 23A) or, 20 in the case of a person who is not a current practitioner on 30 April, on or before 30 June; and"; (b) in sub-section (2)(c) for sub-paragraph (iii) substitute-- 25 "(iii) except in the case of an incorporated practitioner, a nomination of the roll on which the applicant wishes to be enrolled for the purpose of elections of practitioner members to the Board2; 30 and". (4) In section 23 of the Principal Act, for sub-section (3) substitute-- 5 532161B.I1-19/3/99

 


 

Legal Practice (Practising Certificates) Act 1999 s. 6 Act No. "(3) An RPA must notify the Board of nominations made under sub-section (2)(c)(iii). (3A) An applicant under this section must, on or 5 before 31 May, give the RPA or the Board (as the case requires) satisfactory evidence, in a form approved by the Board, that the applicant has professional indemnity insurance as required by this Act in respect 10 of the year for which the practising certificate is sought. (3B) If, as at 31 May, an applicant under this section-- (a) has not complied with sub-section 15 (3A); or (b) has not complied with section 184 in relation to the preceding audit year; or (c) has not restored a deficiency in the applicant's trust account as revealed by 20 the audit report in relation to that account-- the RPA or the Board (as the case requires) must give notice to the applicant on or before 15 June of the failure to comply or to restore 25 the deficiency. (3C) A practising certificate issued on application under this section does not take effect-- (a) in the circumstances referred to in sub- section (3B)(a) or (b)--until the 30 applicant has remedied the failure to comply to the satisfaction of the RPA or the Board (as the case requires); or (b) in the circumstances referred to in sub- section (3B)(c)--until the deficiency 35 has been restored to the satisfaction of 6 532161B.I1-19/3/99

 


 

Legal Practice (Practising Certificates) Act 1999 s. 7 8 Act No. the RPA or the Board (as the case requires). (3D) A legal practitioner whose practising certificate does not take effect because of 5 sub-section (3C) must surrender it to the RPA that issued it or the Board within 14 days after being requested to do so by the RPA or the Board, unless the certificate has taken effect in the meantime. 10 Penalty: 20 penalty units.". 7. New section 23A inserted After section 23 of the Principal Act insert-- "23A. Late application for practising certificate (1) A current practitioner may apply under 15 section 23 for a new practising certificate after 30 April in any year on payment of a surcharge of-- (a) if the application is made on or before 31 May--25% of the prescribed fee for 20 the new certificate; (b) if the application is made after 31 May--50% of the prescribed fee for the new certificate. (2) The RPA or the Board (as the case requires) 25 may refund all or part of a surcharge paid under sub-section (1) if it considers that there are special circumstances. (3) This section does not apply to a person who was not a current practitioner on 30 April in 30 the relevant year.". 8. Trust account irregularities In section 27 of the Principal Act-- 7 532161B.I1-19/3/99

 


 

Legal Practice (Practising Certificates) Act 1999 s. 12 Act No. (a) in sub-section (1) for "Subject to sub-section (2), an RPA or the Board must refuse to issue a practising certificate authorising the receipt of trust money" substitute "An RPA 5 or the Board may refuse to issue a practising certificate"; (b) sub-sections (2) and (3) are repealed. 9. Refunds In section 29(6) of the Principal Act-- 10 (a) for "whole year" (where twice occurring) substitute "whole practising certificate year"; (b) for "calendar year" substitute "practising certificate year". 15 10. Suspension of practising certificate for failure to pay contribution In the Principal Act-- (a) in section 35 after "due date" insert "a contribution required to be paid by section 20 202 or"; (b) in section 36(1) before "levy" (where twice occurring) insert "contribution or". 11. Re-allocation of practitioners In the Principal Act-- 25 (a) in section 46(3) for "calendar year" substitute "practising certificate year"; (b) in section 47(1) for "30 November in any year" substitute "31 May in any practising certificate year"; 30 (c) in sections 47(2) and 48(3) for "calendar year" substitute "practising certificate year". 12. Annual report of trust account audits 8 532161B.I1-19/3/99

 


 

Legal Practice (Practising Certificates) Act 1999 s. 14 Act No. In section 184 of the Principal Act-- (a) in sub-sections (1) and (2)-- (i) for "31 July" substitute "28 February"; (ii) for "31 March" substitute 5 "31 October"; (b) in sub-section (3) for "30 April" substitute "30 November". 13. Fidelity Fund contributions (1) In section 201 of the Principal Act-- 10 (a) in sub-section (1) for "calendar year" substitute "practising certificate year"; (b) in sub-section (2)-- (i) for "30 September" (where twice occurring) substitute "30 April"; 15 (ii) for "30 November" substitute "31 May". (2) In section 202(2), (2A) and (3) of the Principal Act for "calendar year" (wherever occurring) substitute "practising certificate year". 20 (3) After section 202(4) of the Principal Act insert-- "(4A) A contribution referred to in sub-section (1) is payable-- (a) at the time of applying for the practising certificate or variation; or 25 (b) if the amount of the contribution has not been determined by that time--at the time fixed by the Board.". 14. Enrolment for Board elections In section 365(3) of the Principal Act-- 30 (a) after "under this section" insert "or notification under section 22(3) or 23(3)"; 9 532161B.I1-19/3/99

 


 

Legal Practice (Practising Certificates) Act 1999 Act No. (b) for paragraph (a) substitute-- "(a) in the case of a notice under sub-section (1) or notification under section 22(3) or 23(3), enrol the practitioner on the 5 roll nominated by him or her and the combined roll;". 15. Refunds payable out of Legal Practice Fund In section 391(3)(c) of the Principal Act after "section" insert "23A(2),". 10 16. Transitional arrangements for 1999-2001 For Part 12 of Schedule 2 to the Principal Act substitute-- 'PART 12--TRANSITIONAL ARRANGEMENTS FOR CHANGE OF PRACTISING CERTIFICATE 15 AND AUDIT YEARS 57. Application of Part This Part applies despite anything to the contrary in Division 4 of Part 2, Division 2 or 3 of Part 6 or Division 1 of Part 7 of this Act or in the Legal 20 Practice (Fees) Regulations 1997. 58. 1999 practising certificates (1) A practising certificate in force immediately before 15 August 1999 is valid until 31 December 1999 unless suspended or cancelled sooner. 25 (2) A practising certificate issued on an application under section 22 on or after 15 August 1999 but before 31 December 1999 is valid until 31 December 1999 unless suspended or cancelled sooner. 59. Practising certificate for 2000-2001 (renewing 30 practitioners) (1) This clause applies to an application under section 23 for a new practising certificate by a person who is a current practitioner in 1999. (2) The application must be made on or before 35 31 October 1999. 10 532161B.I1-19/3/99

 


 

Legal Practice (Practising Certificates) Act 1999 s. 16 Act No. (3) The evidence required by section 23(3A) must be given to the RPA or the Board by 30 November 1999. (4) A current practitioner who is a regulated practitioner of the Bar complies with section 23(3A) if he or she 5 gives the Bar satisfactory evidence of professional indemnity insurance, as required by this Act, in respect of the period from and including 1 January 2000 to 30 June 2000. (5) A current practitioner who is a regulated practitioner 10 of the Bar must, on or before 31 May 2000, give the Bar satisfactory evidence, in a form approved by the Board, that the practitioner has professional indemnity insurance as required by this Act in respect of the period from and including 1 July 2000 to 30 15 June 2001. (6) Section 23(3B) applies as if a reference in that section-- (a) to 31 May were a reference to 30 November; and 20 (b) to 15 June were a reference to 15 December. (7) Section 23A applies to the application as if a reference in that section-- (a) to 30 April were a reference to 31 October; and (b) to 31 May were a reference to 30 November. 25 (8) The prescribed fee payable for the practising certificate is 150% of the fee otherwise payable for the certificate. (9) A practising certificate issued in response to the application-- 30 (a) subject to section 23(3C), takes effect on 1 January 2000 or the time of issue, whichever is the later; and (b) subject to section 21(3), is valid until 30 June 2001 unless suspended or cancelled sooner. 11 532161B.I1-19/3/99

 


 

Legal Practice (Practising Certificates) Act 1999 s. 16 Act No. 60. Practising certificate for 2000-2001 (new or former practitioners) (1) This clause applies to an application under section 22 for a practising certificate that is issued on or after 5 1 January 2000 but before 30 June 2000. (2) The prescribed fee payable for the practising certificate is to be determined in accordance with the formula-- B F = 1 5A × 547 10 where-- F is the fee; A is the fee otherwise payable for the certificate if it were valid for a 12 month period; B is the number of days for which the certificate is 15 valid. (3) A practising certificate issued in response to the application is valid until 30 June 2001 unless suspended or cancelled sooner. 61. Variation of practising certificate conditions 20 (1) This clause applies to an application under section 29 for variation of the conditions of a practising certificate that is valid until 30 June 2001. (2) Section 29 applies to an application referred to in sub- clause (1) as if-- 25 (a) a reference in sub-section (6) of that section to a practising certificate year were a reference to the period from and including 1 January 2000 to 30 June 2001; and (b) for the formula in sub-section (6) of that 30 section there were substituted-- D " A = (B - C) × ". 547 62. Statutory deposit and audit requirements For the purposes of Divisions 2 and 3 of Part 6 of this Act, the period from and including 1 April 1999 to 31 35 October 2000, is deemed to be an audit year. 12 532161B.I1-19/3/99

 


 

Legal Practice (Practising Certificates) Act 1999 s. 16 Act No. 63. Fidelity Fund contributions for 2000-2001 For the purpose of determining contributions to the Fidelity Fund, section 201 applies as if a reference in that section-- 5 (a) to the prescribed date in 1999 were a reference to 30 September 1999 or such later date up to 30 November 1999 as the Attorney-General may fix by notice published in the Government Gazette before 30 September 1999; and 10 (b) to the immediately following practising certificate year in respect of 1999 were a reference to the period from and including 1 January 2000 to 30 June 2001.'. _______________ 15 13 532161B.I1-19/3/99

 


 

Legal Practice (Practising Certificates) Act 1999 s. 17 Act No. PART 3--FURTHER AMENDMENTS TO PRINCIPAL ACT 17. Additional deputy registrars of the Tribunal In the Principal Act-- (a) in sections 103(1) and 131(2) for "deputy 5 registrar" substitute "a deputy registrar"; (b) in sections 132(b) and 158(1) for "the deputy registrar" substitute "a deputy registrar"; (c) in sections 160(1)(b), 162(4), 165(1), 167 and 169A(4) for "deputy registrar" 10 substitute "a deputy registrar"; (d) in section 393-- (i) in sub-section (2)(b) for "a deputy registrar" substitute "one or more deputy registrars"; 15 (ii) in sub-section (3) for "deputy registrar" substitute "deputy registrars"; (e) in section 400(1) for "deputy registrar" substitute "a deputy registrar"; (f) in section 404(1) for "deputy registrar" 20 (where first occurring) substitute "a deputy registrar"; (g) in clauses 20(1)(d) and 21(3)(e) of Schedule 2 for "deputy registrar" substitute "a deputy registrar". 25 18. Repeal of spent transitional provisions In Schedule 2 to the Principal Act clauses 5, 6, 9, 10, 15, 16, 27(1) and (2), 30, 50, 52, 53, 55 and 56 are repealed. 30 14 532161B.I1-19/3/99

 


 

Legal Practice (Practising Certificates) Act 1999 Notes Act No. NOTES 1 S. 6(1): Section 365(4) provides that a person may be enrolled on the roll of advocates only if he or she engages in legal practice primarily as an advocate. 2 S. 6(3)(b): See note 1. By Authority. Government Printer for the State of Victoria. 15 532161B.I1-19/3/99

 


 

Legal Practice (Practising Certificates) Act 1999 Act No. 16 532161B.I1-19/3/99

 


 

 


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