Victorian Numbered Acts Victorian Numbered ActsAfter Division 12 of Part 12 of the Legal Profession Uniform Law Application Act 2014 insert —
In this Division—
"commencement day" means the day after the day on which the Justice Legislation Amendment Act 2023 receives the Royal Assent;
the register has the meaning given by section 150A;
"unsatisfactory professional conduct determination" means a determination of the Victorian Commissioner under section 299 of the Legal Profession Uniform Law (Victoria).
(1) The recording of information about an unsatisfactory professional conduct determination on the register, or the provision of that information to a member of the public, before the commencement day is taken to have been as valid as it would have been if section 150E (as in force before the commencement day) was not in operation at the time the information was recorded or provided.
(2) Section 150E (as substituted by the Justice Legislation Amendment Act 2023 ) applies on and after the commencement day whether the reference to the disciplinary action was recorded on the register before, on or after that day.
(1) Subject to subsection (2), section 150H applies on and after the commencement day in relation to—
(a) an unsatisfactory professional conduct determination made on or after the commencement day; and
(b) an unsatisfactory professional conduct determination made before the commencement day if no application for a review by VCAT of the determination was made before that day.
(2) If an unsatisfactory professional conduct determination was made within the period of 3 months immediately before the commencement day and no application for a review by VCAT of the determination was made before the commencement day, the period of 28 days specified in section 150H is taken to start on the commencement day.
(1) Section 153A applies only to offences alleged to have been committed on or after the commencement day.
(2) For the purposes of subsection (1), if an offence is alleged to have been committed between 2 days, one before and one on or after the commencement day, the offence is alleged to have been committed before the commencement day.".