Western Australian Numbered Acts

LEGAL PROFESSION ACT 2008 (NO. 21 OF 2008) - SECT 328

328 .         Regulations as to professional indemnity insurance

        (1)         The Governor may make regulations concerning professional indemnity insurance.

        (2)         Without limiting subsection (1), the regulations may —

            (a)         authorise or require the Law Society to do either or both of the following —

                  (i)         make arrangements with one or more insurers for the provision to local legal practitioners and law practices of professional indemnity insurance;

                  (ii)         approve a scheme providing professional indemnity insurance;

                and

            (b)         confer discretionary powers on the Law Society —

                  (i)         to do such acts and things as may be necessary or expedient for giving effect to the arrangements or scheme; and

                  (ii)         in relation to the administration of the arrangements or the scheme; and

                  (iii)         in relation to the administration of the Law Mutual Fund, including the management and application of any surplus funds;

                and

            (c)         require local legal practitioners and law practices, subject to any exemption referred to in paragraph (i), to take out and maintain professional indemnity insurance in accordance with the requirements of the regulations and either in accordance with the arrangements made under the regulations or in accordance with the scheme approved under the regulations; and

            (d)         specify the terms and conditions on and subject to which professional indemnity insurance is to be provided, including the extent of the insurance cover to be taken out and maintained and the period during which such cover is to be maintained; and

            (e)         specify classes or categories of local legal practitioners and law practices to which different provisions or obligations under the regulations may apply; and

            (f)         impose on local legal practitioners and law practices obligations to pay premiums, levies, fees or other charges (which may vary according to factors stipulated in the arrangements or scheme); and

            (g)         impose on local legal practitioners and law practices obligations to provide information to the Law Society that is relevant to an arrangement or scheme in respect of professional indemnity insurance; and

            (h)         provide for and regulate the approval of insurers and the issue of certificates of insurance to local legal practitioners and law practices covered by professional indemnity insurance and prescribe the form of the certificates; and

                  (i)         specify circumstances in which local legal practitioners or law practices are exempt from the regulations, or empower the Board to exempt any local legal practitioner or class of legal practitioners or any law practice or class of law practice, in whole or in part from any provision of the regulations either for a specified or indefinite period or subject to any condition which may be imposed by the Board; and

            (j)         provide for the Board to be given information by the Law Society as to the local legal practitioners and law practices to whom or which exemptions referred to in paragraph (i) apply, and authorise the Board to use that information in performing its functions; and

            (k)         empower the Board to vary or revoke any exemption granted by the Board under the regulations; and

            (l)         empower the Board or the Law Society to take such steps as it considers necessary or expedient to ascertain whether or not the regulations are being complied with; and

            (m)         contain incidental, procedural and supplementary provisions.