(1) An incorporated
legal practice is required to have at least one legal practitioner director.
(2) Each legal
practitioner director of an incorporated legal practice is, for the purposes
only of this Act, responsible for the management of the legal services
provided in this jurisdiction by the incorporated legal practice.
(3) Each legal
practitioner director of an incorporated legal practice must ensure that
appropriate management systems are implemented and maintained to enable the
provision of legal services by the incorporated legal practice —
(a) in
accordance with the professional obligations of Australian legal practitioners
and other obligations imposed under this Act; and
(b) so
that those obligations of Australian legal practitioners who are officers or
employees of the practice are not affected by other officers or employees of
the practice.
(4) If it ought
reasonably to be apparent to a legal practitioner director of an incorporated
legal practice that the provision of legal services by the practice will
result in breaches of the professional obligations of an Australian legal
practitioner or other obligations imposed under this Act, the director must
take all reasonable action available to the director to ensure
that —
(a) the
breaches do not occur; and
(b)
appropriate remedial action is taken in relation to the breaches that do
occur.
(5) Nothing in this
Part derogates from the obligations or liabilities of a director of an
incorporated legal practice under any other law.
(6) The reference in
subsection (1) to a legal practitioner director does not include a
reference to a person who is not validly appointed as a director, but this
subsection does not affect the meaning of the expression
"legal practitioner director" in other provisions of this Act.