Legal Profession Uniform Law Application Act 2022 (WA)

Western Australia Legal Profession Uniform Law Application Act 2022 Legal Profession Uniform Law (WA) The Legal Profession Uniform Law (as enacted by the Legal Profession Uniform Law Application Act 2014 (Victoria) Schedule 1) is applied and modified as a law of Western Australia by or under the Legal Profession Uniform Law Application Act 2022 (the WA Act). The Legal Profession Uniform Law (WA) is consolidated and published on the Western Australian Legislation website. Legal Profession Uniform Regulations (WA) and Legal Profession Uniform Rules (WA) The WA Act section 14 provides, in general, that the Uniform Regulations and the Uniform Rules made under the Legal Profession Uniform Law, as applying in WA, apply as subsidiary legislation of the State. Under the WA Act section 14(1) and (2), these regulations and rules may be called the Legal Profession Uniform Regulations (WA) and the Legal Profession Uniform Rules (WA). The Legal Profession Uniform Regulations (WA) and Legal Profession Uniform Rules (WA) are consolidated and published on the Western Australian Legislation website. Western Australia Legal Profession Uniform Law Application Act 2022 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used 1 4. Act binds Crown 1 5. Application of Interpretation Act 1984 to Act and Uniform Law 1 Part 2 — Legal Profession Uniform Law Division 1 — Application of Legal Profession Uniform Law in the State 6. Application of Uniform Law as law of the State 1 7. Commencement of Uniform Law as law of the State 1 8. Tabling amending Acts 1 9. Disallowance of amending Acts 1 10. Commencement of amending Acts 1 11. Tabling of amending Act taken to be publication for Standing Orders 1 12. Interaction between Uniform Law and this Act 1 13. No double jeopardy 1 Division 2 — Application of Uniform Regulations and Uniform Rules 14. Application of Uniform Regulations and Uniform Rules as laws of the State for Uniform Law and Act 1 15. Publication of Uniform Regulations and Uniform Rules 1 16. Tabling and disallowance of Uniform Regulations and Uniform Rules 1 17. Interpretation Act 1984 s. 41 and 42 do not apply to Uniform Regulations and Uniform Rules 1 Division 3 — Matters specified for Legal Profession Uniform Law (WA) 18. Meaning of this jurisdiction in Uniform Law 1 19. Costs assessor: Uniform Law s. 6 1 20. Designated local regulatory authorities: Uniform Law s. 6 1 21. Designated local roll authority: Uniform Law s. 6 1 22. Designated tribunals: Uniform Law s. 6 1 23. Fidelity authority: Uniform Law s. 6 1 24. Nominated fund and nominated trust authority: Uniform Law s. 149 1 25. Unclaimed money to be dealt with under Unclaimed Money Act 1990: Uniform Law s. 167 1 26. Fidelity fund: Uniform Law s. 222 1 27. Specified fund: Uniform Law s. 365 1 28. Issuing authority: Uniform Law s. 377 1 29. Specified manner for payment of pecuniary penalties: Uniform Law s. 456 1 Part 3 — Local authorities Division 1 — Legal Practice Board Subdivision 1 — Establishment and functions 30. Establishment of Board 1 31. Relationship to Crown 1 32. Functions 1 33. Powers 1 34. Board to pay State contribution to fund Legal Profession Uniform Framework 1 35. Board to pay contributions to Guarantee Fund into Fund 1 36. Delegation of powers and duties under this Act 1 37. Delegation of functions under Uniform Law: Uniform Law s. 406 1 Subdivision 2 — Membership 38. Board members 1 39. Term of office 1 40. Who may vote in election 1 41. Removal or resignation 1 42. Chairperson and deputy chairperson 1 43. Casual vacancies 1 Subdivision 3 — Practice and procedures 44. Meetings 1 45. Quorum 1 46. Voting 1 47. Procedures 1 Subdivision 4 — Financial and reporting provisions 48. Application of funds 1 49. Accounts and records 1 50. Audit 1 51. Annual reports 1 52. Reports relating to operation and effectiveness of aspects of Uniform Law 1 Subdivision 5 — Miscellaneous 53. Committees 1 54. Secretary of Board 1 55. Execution of documents by Board 1 56. Local regulations may be made about matters for Board 1 Division 2 — Legal Services and Complaints Committee Subdivision 1 — Establishment and functions 57. Establishment of Legal Services and Complaints Committee 1 58. Functions 1 59. Powers 1 60. Support 1 61. Delegation to Legal Services and Complaints Officer 1 Subdivision 2 — Membership 62. Legal Services and Complaints Committee members 1 63. Term of office of legal members 1 64. Term of office of community representatives 1 65. Termination of office may be deferred 1 66. Deputies of community representatives 1 67. Chairperson and deputy chairperson 1 68. Removal or resignation 1 69. Leave of absence 1 70. Remuneration and allowances 1 Subdivision 3 — Practice and procedures 71. Meetings 1 72. Quorum 1 73. Divisions 1 74. Voting 1 75. Procedures 1 Subdivision 4 — Reporting provisions 76. Annual reports 1 77. Reports relating to functions 1 Subdivision 5 — Local regulations 78. Local regulations about Legal Services and Complaints Committee 1 Division 3 — Legal Services and Complaints Officer 79. Legal Services and Complaints Officer 1 80. Term of appointment 1 81. Functions 1 Division 4 — Staff of Legal Services and Complaints Committee and Legal Services and Complaints Officer 82. Staff 1 Division 5 — Legal Costs Committee Subdivision 1 — Establishment and functions 83. Establishment of Legal Costs Committee 1 84. Functions 1 85. Powers 1 Subdivision 2 — Membership 86. Legal Costs Committee members 1 87. Nominations 1 88. Term of office 1 89. Deputy chairperson 1 90. Deputy members 1 91. Removal or resignation 1 92. Leave of absence 1 93. Remuneration and allowances 1 Subdivision 3 — Practice and procedures 94. Meetings 1 95. Quorum 1 96. Voting 1 97. Procedures 1 Subdivision 4 — Financial provisions 98. Funds 1 99. Application of Financial Management Act 2006 and Auditor General Act 2006 1 Subdivision 5 — Staff and facilities 100. Use of staff and facilities of departments 1 Division 6 — Legal Contribution Trust Subdivision 1 — Establishment and functions 101. Establishment of Legal Contribution Trust 1 102. Relationship to Crown 1 103. Functions 1 104. Powers 1 Subdivision 2 — Membership 105. Constitution of Legal Contribution Trust 1 106. Chairperson 1 107. Deputy trustees 1 108. Removal or resignation 1 109. Meetings and procedures 1 110. Quorum 1 111. Voting 1 Subdivision 3 — Execution of documents 112. Execution of documents by Legal Contribution Trust 1 Part 4 — Admission, practising certificates and registration certificates Division 1 — Admission 113. Requirements for applications for admission under Uniform Law s. 16 1 114. Full Bench of Supreme Court to admit individuals under Uniform Law s. 16 1 115. Local regulations may prescribe matters about admission under Uniform Law 1 Division 2 — Practising certificates 116. Requirements for applications for grant or renewal of Australian practising certificates under Uniform Law s. 44 1 117. Provisions about renewing Australian practising certificates under Uniform Law s. 44 1 118. Provisions about decisions on granting or renewing Australian practising certificates under Uniform Law s. 44 1 119. Local regulations may modify operation of Legal Profession Conduct Rules for barristers 1 Division 3 — Registration certificates 120. Requirements for applications for grant or renewal of Australian registration certificates under Uniform Law s. 62 1 121. Provisions about renewing Australian registration certificates under Uniform Law s. 62 1 122. Provisions about decisions on granting or renewing Australian registration certificates under Uniform Law s. 62 1 Division 4 — Interjurisdictional action 123. Requirements for written notice of interjurisdictional action under Uniform Law s. 24 and 80 1 Division 5 — Miscellaneous 124. Functions of State Solicitor 1 125. Accreditation in relation to continuing professional development activities or other legal education or training 1 126. Local regulations may provide contract legislative drafters are government lawyers 1 127. Local regulations in relation to government lawyers 1 Part 5 — Trust accounts 128. Application for exemption under Uniform Law s. 130 1 129. Decision on exemption from complying with Uniform Law Pt. 4.2 1 130. Local regulations about receipt or holding of money by barristers: Uniform Law s. 133 1 131. Review of decisions referred to in Uniform Law s. 160 and 166 1 Part 6 — Legal costs Division 1 — Legal costs determinations 132. Term used: court 1 133. Legal costs determinations 1 134. Declaration of court in respect of which costs determinations may be made 1 135. Costs determinations may be amended or revoked 1 136. Costs determinations are fixed costs legislative provisions: Uniform Law s. 6 1 137. Review of costs determinations 1 138. Inquiries by Legal Costs Committee 1 139. Notice and submissions in respect of costs determinations 1 140. Report and publication of costs determinations 1 141. Effect of costs determinations 1 142. Reports 1 143. Law practice to disclose whether costs determination applies to calculating costs under Uniform Law s. 174 1 Division 2 — Costs assessments 144. Functions of costs assessors 1 145. Requirements for applications for costs assessment: Uniform Law s. 198 1 146. Assessment of Legal Aid Commission bill 1 147. Determining and issuing certificate of costs assessment 1 148. Costs assessment binding on parties 1 149. Review of costs assessment: Uniform Law s. 205 1 150. Enforcement of, and interest on, costs assessment 1 151. Recovery of amounts paid as legal costs above costs assessments 1 152. Local regulations about costs assessments 1 Part 7 — Professional indemnity insurance Division 1 — Preliminary 153. Terms used 1 154. Approved insurance policies for Act and Uniform Law 1 155. Attorney General's approval of insurance for Uniform Law 1 Division 2 — Insurance and insurance policies Subdivision 1 — Obtaining professional indemnity insurance and certificates 156. Meaning of PII arrangement 1 157. Law Society authorised to enter into PII arrangement 1 158. Application for arrangement insurance for whole financial year 1 159. Application for arrangement insurance for part of financial year in particular circumstances 1 160. Application by restructured law practices for arrangement insurance for part of financial year 1 161. Bar‑approved insurance policy 1 162. Local regulations may provide for approval of PII schemes 1 Subdivision 2 — Annual contribution for PII arrangement 163. Assessing annual contribution for PII entities 1 164. Method of assessing annual contribution for PII arrangement 1 165. Review of annual contribution assessment 1 166. Appeal against review of annual contribution assessment 1 167. Refund after review of, or appeal against, annual contribution assessment 1 168. Recovery of additional amount if incorrect information given for annual contribution assessment 1 Subdivision 3 — Financial matters 169. Administration levy for PII arrangement 1 170. Interest payable on amounts overdue under this Part 1 171. Recovery of unpaid money 1 Division 3 — Exemptions from obtaining professional indemnity insurance under Legal Profession Uniform Law (WA) Subdivision 1 — Modification of Legal Profession Uniform Law Application Act 2014 (Victoria) Schedule 1 s. 215 and 216 172. Modification of Uniform Law 1 173. Section 215 modified 1 174. Section 216 modified 1 Subdivision 2 — Obtaining exemptions under Legal Profession Uniform Law (WA) 175. Requirements for application to be exempted under Uniform Law s. 215 1 176. Certificates of exemption if exempt under Uniform Law s. 215 1 177. Person to notify Board when exemption no longer applies 1 Division 4 — Law Mutual (WA) and Law Mutual Fund 178. Continuation of Law Mutual (WA) 1 179. Continuation of Law Mutual Fund 1 180. Provisions about Law Mutual Fund 1 181. Application of money in Law Mutual Fund 1 182. Audit of Law Mutual Fund 1 183. Local regulations about winding up Law Mutual Fund 1 Division 5 — PII management committee 184. Law Society may establish PII management committee 1 185. Delegation of Law Society's functions to PII management committee 1 186. Membership 1 187. Procedures 1 188. Dissolution of PII management committee 1 Division 6 — Miscellaneous 189. Undertakings in relation to professional indemnity insurance 1 190. Requiring information about professional indemnity insurance 1 191. Sharing information about professional indemnity insurance 1 192. Evidence of exemption or insurance for Uniform Law 1 Part 8 — Fidelity cover Division 1 — Guarantee Fund 193. Term used: claim 1 194. Solicitors' Guarantee Fund 1 195. Payments out of Guarantee Fund 1 196. Application of Guarantee Fund for claims 1 197. Investment of Guarantee Fund 1 198. Notice of levy to supplement Guarantee Fund imposed under Uniform Law s. 226 1 199. Audit under Uniform Law s. 232 1 Division 2 — Interest on trust accounts 200. Trust account arrangements to pay no more than 51% of interest to Legal Contribution Trust 1 201. Application of interest 1 202. Audit of expenditure 1 Part 9 — Proceedings 203. Terms used 1 204. Constitution of State Administrative Tribunal 1 205. Procedure of State Administrative Tribunal 1 206. Disciplinary proceedings may involve 1 or more matters 1 207. Time for initiating disciplinary proceedings under Uniform Law s. 300 1 208. State Administrative Tribunal to conduct hearing for disciplinary proceeding 1 209. Variation of application initiating disciplinary proceeding 1 210. Interlocutory and interim orders in relation to disciplinary proceedings 1 211. State Administrative Tribunal not bound by rules of evidence 1 212. Notification of particular State Administrative Tribunal orders 1 213. Provisions about fines imposed under Uniform Law s. 302 1 214. Giving effect to State Administrative Tribunal orders 1 215. State Administrative Tribunal to give order recommending removal of lawyer from roll or register to Principal Registrar 1 216. Official notification to Board and Legal Services and Complaints Committee of removal from roll under Uniform Law s. 23 1 Part 10 — Registers Division 1 — Certificate registers 217. Register of Australian practising certificates granted by the Board 1 218. Register of Australian registration certificates granted by the Board 1 Division 2 — Disciplinary action register 219. Terms used 1 220. Register of disciplinary action 1 221. Public availability of register of disciplinary action 1 222. Publicising disciplinary action 1 223. Effect of quashing of disciplinary action 1 224. Publicising disciplinary action taken because of injury, infirmity or illness 1 225. Effect of secrecy provisions and non‑disclosure orders 1 226. Liability for publicising disciplinary action 1 Division 3 — Disqualification orders and approvals register 227. Disqualification orders and approvals register 1 Part 11 — Enforcement Division 1 — Search warrants under Legal Profession Uniform Law (WA) 228. Application for search warrants under Uniform Law s. 377 1 229. Provisions for search warrants issued under Uniform Law s. 377 1 230. Use of force when executing search warrants issued under Uniform Law s. 377 1 231. Executed search warrants issued under Uniform Law s. 377 to be endorsed 1 232. Receipt for items seized under search warrants 1 Division 2 — Contraventions of Act or Legal Profession Uniform Law (WA) 233. Board may appoint person to investigate contravention of Act or Uniform Law 1 234. Who may commence proceedings for offence against Act or Uniform Law 1 235. When prosecution may be commenced for offence against Uniform Law s. 10 or 11 1 236. Enforcement of orders to pay fines under Uniform Law 1 237. Board may recover pecuniary penalty to be paid under Uniform Law 1 Division 3 — Notices under Legal Profession Uniform Law (WA) s. 371(1)(a) or (b) 238. Effect of notice under Uniform Law s. 371(1)(a) or (b) 1 Part 12 — Law Society Public Purposes Trust 239. Terms used 1 240. Remaining interest on trust accounts to be paid to Law Society 1 241. Application of funds paid to Law Society 1 242. Legal Contribution Trust must provide copy of arrangements to Law Society 1 243. Tabling of instruments varying Law Society Public Purposes Trust Deed 1 Part 13 — Law library 244. Law library 1 245. Law library contributions 1 246. Local regulations for law library 1 Part 14 — Miscellaneous 247. Information sharing 1 248. Conduct that constitutes unsatisfactory professional conduct or professional misconduct 1 249. Powers of Supreme Court unaffected 1 250. Liability of principals for contravention of Act 1 251. Defect or irregularity in person's appointment 1 252. Local regulations 1 253. Local approved forms 1 254. Delegation 1 255. Protection from liability 1 256. Certain witnesses compellable despite Uniform Law s. 468 1 257. Review of Act and Uniform Law 1 258. Laying documents before House of Parliament not sitting 1 259. Giving documents 1 Part 15 — Repeals 260. Repeals 1 261. Interpretation Act 1984 not affected 1 Part 16 — Transitional provisions Division 1 — Preliminary 262. Terms used 1 263. Interaction between this Part and Uniform Law Sch. 4 1 Division 2 — Provisions about Legal Profession Uniform Law (WA) 264. Application of particular amending Acts enacted after 21 June 2021 but before commencement day 1 265. Application of s. 15 and 16 to Uniform Regulations and Uniform Rules made after 21 June 2021 but before commencement day 1 266. Application of particular provisions of Uniform Law Sch. 4 Pt. 3 1 Division 3 — Local regulatory bodies 267. Continuation of Legal Practice Board 1 268. Members of Legal Practice Board 1 269. Complaints Committee continues as Legal Services and Complaints Committee under this Act 1 270. Members of Complaints Committee 1 271. Continuation of other Legal Practice Board committees 1 272. Continuation of Law Complaints Officer 1 273. Continuation and membership of Legal Costs Committee 1 274. Continuation of Legal Costs Committee Account 1 275. Continuation and membership of Legal Contribution Trust 1 Division 4 — Admission 276. Admission applications under old Act taken to be admission applications under this Act 1 277. Notice of objection to admission under old Act taken to be objection under Uniform Law 1 278. Status of academic qualifications obtained under old Act for Uniform Law s. 17 1 279. Status of approved practical legal training requirements under old Act for Uniform Law s. 17 1 280. Application for early consideration of suitability continues under Uniform Law 1 281. Decision of Legal Practice Board or State Administrative Tribunal about suitability continues under Uniform Law 1 282. Compliance certificate under old Act taken to be issued under Uniform Law 1 283. Applications to State Administrative Tribunal under old Act may be decided by Tribunal or Supreme Court 1 Division 5 — Practitioners 284. Government lawyers taken to hold Australian practising certificates under Uniform Law for particular period 1 285. Persons engaging in exempt work taken to have Australian practising certificates under Uniform Law for particular period 1 286. Continuing professional development 1 287. Persons approved as QA providers under former Legal Profession Rules 2009 taken to be accredited under s. 125 1 288. Approvals of law courses and legal training courses continued 1 289. Experience acquired before commencement day taken to be supervised legal practice under Uniform Law s. 49 1 290. Exemption or reduction of requirement to engage in restricted legal practice continues under Uniform Law 1 291. Order made under s. 77 of old Act continued 1 292. State Administrative Tribunal to decide how review of particular Legal Practice Board decisions about practising certificates to be dealt with 1 293. Reviews of particular Legal Practice Board decisions about registration certificates 1 Division 6 — Trust accounts 294. Interest earned on trust account prior to commencement 1 295. Legal Contribution Trust and ADI taken to have entered into arrangement with nominated trust authority 1 296. Investigator under old Act taken to be appointed as external investigator under Uniform Law 1 297. Current investigations and external examinations under Pt. 9 of old Act to be dealt with under old Act 1 298. External investigations of actions before commencement day 1 Division 7 — Legal costs 299. Continuation of legal costs determinations 1 Division 8 — Professional indemnity insurance 300. Continuation and membership of PII management committee 1 301. Continuation of PII arrangement and certificates of insurance under PII regulations 1 302. Annual contribution under old Act taken to be contribution under this Act 1 303. Policy of professional indemnity insurance approved by Bar Association taken to be Bar‑approved policy 1 304. Professional indemnity insurance scheme under old Act taken to be PII scheme 1 305. Method of assessment of annual contribution under old Act taken to be method of assessment determined under this Act 1 306. Review of or appeal against annual contribution continued under this Act 1 307. Legal Practice Board taken to have granted exemption from requirement to obtain professional indemnity insurance continued in particular cases 1 308. Insurance taken out under previous legislation continues 1 Division 9 — Fidelity cover 309. Solicitors' Guarantee Fund continued 1 310. Continuation of Attorney General's approvals of investments under s. 342 of old Act 1 311. Contributions to Solicitors' Guarantee Fund 1 312. Agreed amount under s. 388 of old Act taken to be agreed amount for s. 201 1 Division 10 — Complaints and discipline 313. Investigations not finalised before commencement day to be dealt with under old Act 1 314. Audit of incorporated legal practice under old Act continues under Uniform Law 1 315. Pre‑commencement conduct may be investigated under Uniform Law 1 316. Review of summary conclusion decision under s. 426 of old Act after commencement day 1 317. Current reviews of Complaints Committee's summary conclusion decision under s. 426 of old Act 1 318. Review of Complaints Committee's decision to dismiss complaint 1 319. State Administrative Tribunal to deal with review of Complaints Committee's decision to dismiss complaint before commencement day 1 320. Enforcing compensation orders under old Act 1 321. Compensation order under old Act taken into account in compensation under Uniform Law s. 311 1 Division 11 — Registers 322. Local roll maintained under old Act taken to be Supreme Court roll for Uniform Law s. 22 1 323. Continuation of register of local practising certificates kept under old Act 1 324. Continuation of register of locally registered foreign lawyers kept under old Act 1 325. Continuation of Register of Disciplinary Action kept under old Act 1 Division 12 — Law library 326. Continuation of law library 1 327. Law library contributions paid under old Act taken to be contributions under this Act 1 Division 13 — Law Society Public Purposes Trust 328. Reference to repealed Law Society Public Purposes Trust Act 1985 taken to be to Pt. 12 1 329. Arrangements between Law Society and ADI under repealed Law Society Public Purposes Trust Act 1985 1 Division 14 — Transitional regulations 330. Transitional regulations 1 Part 17 — Consequential amendments to other Acts Division 1 — Aboriginal Affairs Planning Authority Act 1972 amended 331. Act amended 1 332. Section 48 amended 1 Division 2 — Children and Community Services Act 2004 amended 333. Act amended 1 334. Section 148 amended 1 Division 3 — Civil Judgments Enforcement Act 2004 amended 335. Act amended 1 336. Section 30 amended 1 Division 4 — Civil Liability Act 2002 amended 337. Act amended 1 338. Section 15L amended 1 339. Section 16 amended 1 340. Section 17 amended 1 341. Various references to "legal practitioner" amended 1 Division 5 — Commercial Arbitration Act 2012 amended 342. Act amended 1 343. Section 24A amended 1 344. Section 33C amended 1 Division 6 — Community Titles Act 2018 amended 345. Act amended 1 346. Section 3 amended 1 347. Section 117 amended 1 348. Section 137 amended 1 349. Section 182 amended 1 Division 7 — District Court of Western Australia Act 1969 amended 350. Act amended 1 351. Section 6 amended 1 352. Section 10 amended 1 353. Section 64 amended 1 354. Section 66 amended 1 355. Section 88 amended 1 Division 8 — Energy Arbitration and Review Act 1998 amended 356. Act amended 1 357. Section 49 replaced 1 49. Term used: Board 1 Division 9 — Industrial Relations Act 1979 amended 358. Act amended 1 359. Section 112A amended 1 Division 10 — Interpretation Act 1984 amended 360. Act amended 1 361. Section 5 amended 1 Division 11 — Juries Act 1957 amended 362. Act amended 1 363. Section 3 amended 1 364. Section 56A amended 1 365. Section 56B amended 1 366. Section 56C amended 1 367. Schedule 1 clause 3 replaced 1 3. Legal practitioners 1 Division 12 — Law Reform Commission Act 1972 amended 368. Act amended 1 369. Section 6 amended 1 Division 13 — Legal Aid Commission Act 1976 amended 370. Act amended 1 371. Section 4 amended 1 372. Section 7 amended 1 373. Section 14 amended 1 374. Section 17 amended 1 375. Section 18 amended 1 376. Section 19 amended 1 377. Section 20 amended 1 378. Section 25 amended 1 379. Section 39 amended 1 380. Section 40 amended 1 381. Section 50 amended 1 382. Section 52 amended 1 383. Section 56 amended 1 384. Section 61 amended 1 385. Section 64 amended 1 Division 14 — Magistrates Court Act 2004 amended 386. Act amended 1 387. Schedule 1 clause 1 amended 1 Division 15 — Prohibited Behaviour Orders Act 2010 amended 388. Act amended 1 389. Section 36 amended 1 Division 16 — Public Trustee Act 1941 amended 390. Act amended 1 391. Section 2 amended 1 392. Section 47A amended 1 Division 17 — Registration of Deeds Act 1856 amended 393. Act amended 1 394. Section 6 amended 1 Division 18 — Sale of Goods (Vienna Convention) Act 1986 amended 395. Act amended 1 396. Section 7 amended 1 Division 19 — Spent Convictions Act 1988 amended 397. Act amended 1 398. Schedule 3 clause 1 amended 1 Division 20 — State Administrative Tribunal Act 2004 amended 399. Act amended 1 400. Section 3 amended 1 401. Section 93 amended 1 402. Section 117 amended 1 403. Schedule 1 amended 1 Division 21 — Strata Titles Act 1985 amended 404. Act amended 1 405. Section 3 amended 1 406. Section 143 amended 1 407. Section 163 amended 1 408. Section 219 amended 1 Division 22 — Workers' Compensation and Injury Management Act 1981 amended 409. Act amended 1 410. Section 5 amended 1 411. Section 5B inserted 1 5B. Meaning of prohibited person 1 412. Section 87 amended 1 413. Section 182S amended 1 414. Section 195 amended 1 415. Section 263 amended 1 416. Section 264 amended 1 417. Section 268 amended 1 418. Section 269 amended 1 419. Section 271 amended 1 420. Section 277 amended 1 Division 23 — Young Offenders Act 1994 amended 421. Act amended 1 422. Section 37A amended 1 423. Section 152 amended 1 Division 24 — Other amendments 424. Other Acts amended 1 Notes Compilation table 1 Defined terms Western Australia Legal Profession Uniform Law Application Act 2022 An Act to — * apply the Legal Profession Uniform Law (with modifications) as a law of Western Australia; and * provide for the tabling and disallowance of amendments made to the Legal Profession Uniform Law; and * provide for local matters that are ancillary to, or affect the operation of, the Legal Profession Uniform Law as a law of Western Australia; and * otherwise provide for the regulation of legal practice in Western Australia; and * repeal the Legal Profession Act 2008 and the Law Society Public Purposes Trust Act 1985; and * make savings and transitional arrangements; and * make consequential amendments to various Acts, and for related purposes. Part 1 — Preliminary 1. Short title This is the Legal Profession Uniform Law Application Act 2022. 2. Commencement This Act comes into operation as follows — (a) Part 1 — on the day on which this Act receives the Royal Assent; (b) section 359(2) — (i) if the Industrial Relations Legislation Amendment Act 2021 section 69 comes into operation on or before the day fixed under paragraph (c) — on the day fixed under paragraph (c); or (ii) otherwise — immediately after the Industrial Relations Legislation Amendment Act 2021 section 69 comes into operation; (c) the rest of the Act — on a day fixed by proclamation. 3. Terms used (1) In this Act — accountant means a member of — (a) Chartered Accountants Australia and New Zealand ARBN 084 642 571; or (b) CPA Australia Ltd ACN 008 392 452; or (c) the Institute of Public Accountants Ltd ACN 004 130 643; amend, in relation to a Victorian Act, includes replace a provision of the Act; amending Act means a Victorian Act, other than the Legal Profession Uniform Law Application Amendment Act 2019 (Victoria), that amends — (a) the Legal Profession Uniform Law Application Act 2014 (Victoria) Schedule 1; or (b) the Uniform Regulations; or (c) the Uniform Rules; Board means the Legal Practice Board established under section 30(1); Board member has the meaning given in section 38; community representative has the meaning given in section 62(1)(b); contentious business means legal services by an Australian legal practitioner in or for the purposes of any action, suit or proceedings before a court, but does not include the administration of estates and trusts; costs determination means a legal costs determination made under section 133; department means the department of the Public Service principally assisting the Attorney General in the administration of this Act; elected Board member has the meaning given in section 38(e); Guarantee Fund means the Solicitors' Guarantee Fund established under section 194(1); judicial officer means a person empowered to exercise jurisdiction in a court, whether or not the person is sitting as a court; law library means the library that may be established under section 244(1); Law Mutual Fund means the fund continued under section 179(1); Law Society means the Law Society of Western Australia (Inc.); Legal Aid Commission means the Legal Aid Commission of Western Australia established under the Legal Aid Commission Act 1976 section 6(1); Legal Contribution Trust means the Legal Contribution Trust established under section 101(1); Legal Costs Committee means the Legal Costs Committee established under section 83; legal member has the meaning given in section 62(1)(a); Legal Profession Uniform Framework means the uniform framework for regulation of the legal profession as described in the Intergovernmental Agreement or any uniform or national framework for regulation of the legal profession that succeeds that framework; Legal Profession Uniform Law (WA) means the provisions applying in the State because of section 6; Legal Services and Complaints Committee means the Legal Services and Complaints Committee established under section 57(1); Legal Services and Complaints Officer means the person appointed to the office of Legal Services and Complaints Officer established under section 79(1); local approved form means a form approved for the purposes of this Act under section 253(1); local legal practitioner means an Australian legal practitioner whose home jurisdiction is this State; non‑contentious business means legal services other than contentious business; old Act means the Legal Profession Act 2008 — (a) as in force immediately before the day on which section 260(a) comes into operation; and (b) repealed under section 260(a); PII management committee means the PII management committee that may be established under section 184; PII scheme means a PII scheme approved under the local regulations made under section 162; Principal Registrar has the meaning given in the Supreme Court Act 1935 section 4(1); registered company auditor has the meaning given in the Corporations Act section 9; statutory body means a body established or continued under a written law for a public purpose; trust account arrangement has the meaning given in section 200(1); Trust Interest Account means the account referred to in section 201(2); Uniform Regulations means — (a) the Legal Profession Uniform Regulations as in force under the Legal Profession Uniform Law Application Act 2014 (Victoria) Schedule 1 Part 9.1 immediately before the day on which this definition comes into operation (as amended or repealed by regulations to which paragraph (b), or an Act to which paragraph (c), applies); and (b) the Legal Profession Uniform Regulations made under the Legal Profession Uniform Law (WA) Part 9.1 on and after the day on which this definition comes into operation; and (c) the Le