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This is a Bill, not an Act. For current law, see the Acts databases.
Legal Profession Uniform Law Application
Amendment Act 2019
No. of 2019
TABLE OF PROVISIONS
Clause Page
Part 1--Preliminary 1
1 Purpose 1
2 Commencement 2
3 Principal Act 2
4 Definition 2
Part 2--Amendment of Legal Profession Uniform Law 3
5 Membership of Council 3
6 Diversity of membership 3
7 Admissions Committee 3
8 Practising certificate granted in non-participating jurisdiction 4
Part 3--Other amendments to the Legal Profession Uniform Law
Application Act 2014 5
9 Amendment of section 18A 5
10 New Division 11 inserted in Part 12 5
Part 4--Repeal of this Act 7
11 Repeal of this Act 7
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Endnotes 8
1 General information 8
i
Legal Profession Uniform Law
Application Amendment Act 2019
No. of 2019
[Assented to ]
The Parliament of Victoria enacts:
Part 1--Preliminary
1 Purpose
The purpose of this Act is to amend the Legal
Profession Uniform Law Application
Act 2014--
(a) to increase the number of members of the
Legal Services Council; and
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Legal Profession Uniform Law Application Amendment Act 2019
No. of 2019
Part 1--Preliminary
(b) to ensure that the Legal Services Council's
membership includes at least one member
from each participating jurisdiction; and
(c) to ensure that the Admissions Committee's
membership includes at least one current or
former Supreme Court Judge from each
participating jurisdiction; and
(d) to validate certain actions and decisions
carried out or made by the Victorian Legal
Services Commissioner, the Victorian Legal
Services Board and courts or tribunals in
relation to complaints and investigations
under Chapter 4 of the Legal Profession
Act 2004.
2 Commencement
(1) This Act, except Parts 2 and 3, comes into
operation on the day after the day on which it
receives the Royal Assent.
(2) Part 2 comes into operation on a day or days to be
proclaimed.
(3) Part 3 is taken to have come into operation on
5 June 2019.
3 Principal Act
In this Act, the Legal Profession Uniform Law
Application Act 2014 is called the Principal Act.
4 Definition
In this Act--
Legal Profession Uniform Law means the Legal
Profession Uniform Law set out in
Schedule 1 to the Principal Act.
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Legal Profession Uniform Law Application Amendment Act 2019
No. of 2019
Part 2--Amendment of Legal Profession Uniform Law
Part 2--Amendment of Legal Profession
Uniform Law
5 Membership of Council
In clause 2(1) of Schedule 1 to the Legal
Profession Uniform Law--
(a) for "5" substitute "7";
(b) in paragraph (a), for "1 member" substitute
"2 members";
(c) in paragraph (c), for "2" substitute "3".
6 Diversity of membership
For clause 4(1) of Schedule 1 to the Legal
Profession Uniform Law substitute--
"(1) The Standing Committee must ensure that at
least one member of the Council is drawn
from each participating jurisdiction.".
7 Admissions Committee
In clause 21(1) of Schedule 1 to the Legal
Profession Uniform Law--
(a) for "7 persons drawn from participating
jurisdictions and appointed by the Council,
as follows" substitute "the following
persons drawn from participating
jurisdictions and appointed by the Council";
(b) in paragraph (a), for "2 current or former
Supreme Court Judges from different
jurisdictions" substitute "1 current or former
Supreme Court Judge from each
participating jurisdiction".
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Legal Profession Uniform Law Application Amendment Act 2019
No. of 2019
Part 2--Amendment of Legal Profession Uniform Law
8 Practising certificate granted in non-participating
jurisdiction
In clause 2(1)(a)(ii) of Schedule 3 to the Legal
Profession Uniform Law, for "section 49"
substitute "section 43".
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Legal Profession Uniform Law Application Amendment Act 2019
No. of 2019
Part 3--Other amendments to the Legal Profession Uniform Law Application
Act 2014
Part 3--Other amendments to the Legal
Profession Uniform Law Application
Act 2014
9 Amendment of section 18A
In section 18A of the Principal Act, before
"Part 3" insert "Subject to Division 11 of
Part 12,".
10 New Division 11 inserted in Part 12
After Division 10 of Part 12 of the Principal Act
insert--
"Division 11--Legal Profession Uniform
Law Application Amendment Act 2019
185 Substituted entity
For the purposes of clause 26(3) of
Schedule 4 to the Legal Profession Uniform
Law (Victoria) and despite anything to the
contrary in that clause, the Victorian Legal
Services Commissioner is the substituted
entity and is to deal with a complaint or
investigation referred to in clause 26(1) of
that Schedule.
186 Validation
(1) On and after 1 July 2015 and before the day
on which section 185 (as inserted by
section 10 of the Legal Profession Uniform
Law Application Amendment Act 2019)
comes into operation, any of the following
done or made, or purported to be done or
made, in relation to a complaint made under
Chapter 4, or an investigation referred to in
Chapter 4, of the Legal Profession Act 2004
has and is taken always to have had the same
force and effect as it would have had if
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Legal Profession Uniform Law Application Amendment Act 2019
No. of 2019
Part 3--Other amendments to the Legal Profession Uniform Law Application
Act 2014
section 185 had been in operation during that
period--
(a) any thing done or purported to be done
by or on behalf of the Victorian Legal
Services Commissioner, an Acting
Victorian Legal Services Commissioner
or a delegate of the Victorian Legal
Services Commissioner;
(b) any thing done or purported to be done
by or on behalf of the Victorian Legal
Services Board;
(c) any decision or order made or
purported to be made by a court or
tribunal in a proceeding arising out of
the complaint or investigation--
including, but not limited to--
(d) a thing done that is the subject of a
relevant proceeding; or
(e) a decision or order that is the subject of,
or is made in or arises from, a relevant
proceeding.
(2) In this section--
relevant proceeding means a proceeding that
has been commenced but not finally
determined or discontinued before the
day on which section 185 comes into
operation.".
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Legal Profession Uniform Law Application Amendment Act 2019
No. of 2019
Part 4--Repeal of this Act
Part 4--Repeal of this Act
11 Repeal of this Act
This Act is repealed on the first anniversary of
the first day on which all of its provisions are in
operation.
Note
The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
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Legal Profession Uniform Law Application Amendment Act 2019
No. of 2019
Endnotes
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech--
Legislative Assembly:
Legislative Council:
The long title for the Bill for this Act was "A Bill for an Act to amend the
Legal Profession Uniform Law Application Act 2014 to change the
membership of certain inter-jurisdictional administrative bodies, to
validate certain actions and decisions and for other purposes."
By Authority. Government Printer for the State of Victoria.
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