Tasmania: Legal Profession Act 2007 (Tas)

Legal Profession Act 2007 An Act to provide for the regulation of legal practice in Tasmania and to facilitate the regulation of legal practice on a national basis, to repeal the Legal Profession Act 1993 and for other purposes [Royal Assent 15 August 2007] Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows: Chapter 1 - Introduction PART 1.1 - Preliminary 1. Short title This Act may be cited as the Legal Profession Act 2007 . 2. Commencement The provisions of this Act commence on a day or days to be proclaimed. 3. Purposes The purposes of this Act are as follows: (a) to provide for the regulation of legal practice in this jurisdiction in the interests of the administration of justice and for the protection of consumers of the services of the legal profession and the public generally; (b) to facilitate the regulation of legal practice on a national basis across State and Territory borders. PART 1.2 - Interpretation 4. Interpretation (1) In this Act – ADI means an authorised deposit-taking institution; admission rules means rules relating to the admission of local lawyers and associated matters made under Part 2.2 (Admission of local lawyers); admission to the legal profession means admission by a Supreme Court as – (a) a lawyer; or (b) a legal practitioner; or (c) a barrister; or (d) a solicitor; or (e) a barrister and solicitor; or (f) a solicitor and barrister – under this Act or a corresponding law, but does not include the grant of a practising certificate under this Act or a corresponding law and "admitted to the legal profession" has a corresponding meaning; affairs of a law practice includes the following: (a) all accounts and records required under this Act or the regulations to be maintained by the practice or an associate or former associate of the practice; (b) other records of the practice or an associate or former associate of the practice; (c) any transaction – (i) to which the practice or an associate or former associate of the practice was or is a party; or (ii) in which the practice or an associate or former associate of the practice has acted for a party; amend includes – (a) in relation to a practising certificate – (i) impose a condition on the certificate; and (ii) amend or revoke a condition already imposed on the certificate; and (b) in relation to registration as a foreign lawyer – (i) amend the lawyer's registration certificate; and (ii) impose a condition on the registration; and (iii) amend or revoke a condition already imposed on the registration; approved ADI means an ADI approved under section 273 (Approval of ADIs) by the prescribed authority; approved form – see section 652 (Approved forms); associate – see section 7 (Terms relating to associates and principals of law practices); Australian lawyer – see section 5 (Terms relating to lawyers); Australian legal practitioner – see section 6 (Terms relating to legal practitioners); Australian practising certificate means a local practising certificate or an interstate practising certificate; Australian-registered foreign lawyer means a locally registered foreign lawyer or an interstate-registered foreign lawyer; Australian roll means the local roll or an interstate roll; Australian trust account means a local trust account or an interstate trust account; barrister means – (a) a local legal practitioner who holds a current local practising certificate to practise as or in the manner of a barrister; or (b) an interstate legal practitioner who holds a current interstate practising certificate that entitles the practitioner to engage in legal practice only as or in the manner of a barrister; Board means the Legal Profession Board of Tasmania established by section 589 ; Board of Legal Education means the Board of Legal Education continued under section 604 ; client includes a person to whom or for whom legal services are provided; community legal centre – see the definition of "complying community legal centre"; complying community legal centre – see section 218 (Community legal centres); conditions means conditions, limitations or restrictions; contravene includes fail to comply with; controlled money means money received or held by a law practice in respect of which the practice has a written direction to deposit the money in an account (other than a general trust account) over which the practice has or will have exclusive control; Note. See section 245(6) (Controlled money), which prevents pooling of controlled money. controlled money account means an account maintained by a law practice with an ADI for the holding of controlled money received by the practice; conviction – see section 11 (References to convictions for offences); corresponding authority means – (a) a person or body having functions or powers under a corresponding law; or (b) when used in the context of a person or body having functions or powers under this Act (the "local authority") – (i) a person or body having corresponding functions or powers under a corresponding law; and (ii) without limiting subparagraph (i) , if the functions or powers of the local authority relate to local lawyers or local legal practitioners generally or are limited to any particular class of local lawyers or local legal practitioners, a person or body having corresponding functions or powers under a corresponding law regardless of whether they relate to interstate lawyers or interstate legal practitioners generally or are limited to any particular class of interstate lawyers or interstate legal practitioners; or (c) a person or body declared by the Minister by notice published in the Gazette to be a corresponding authority; corresponding disciplinary body means – (a) a body having functions or powers under a corresponding law that correspond to any of the functions or powers of the Board; or (b) a court or tribunal having functions or powers under a corresponding law that correspond to any of the functions or powers of the Supreme Court or Tribunal; or (c) the Supreme Court of another jurisdiction exercising – (i) its inherent jurisdiction or powers in relation to the control and discipline of any Australian lawyers; or (ii) its jurisdiction or powers to make orders under a corresponding law of the other jurisdiction in relation to any Australian lawyers; or (d) a body declared by the Minister by notice published in the Gazette to be a corresponding disciplinary body; corresponding foreign law means the following: (a) a law of a foreign country that corresponds to the relevant provisions of this Act or, if a regulation is made declaring a law of the foreign country to be a law that corresponds to this Act, the law declared under that regulation for the foreign country; (b) if the term is used in relation to a matter that happened before the commencement of the law of a foreign country that, under paragraph (a) , is the corresponding law for the foreign country, a previous law applying to legal practice in the foreign country; corresponding fund means a fund in another jurisdiction that corresponds to the Guarantee Fund; corresponding law means the following: (a) a law of another jurisdiction that corresponds to the relevant provisions of this Act or, if a regulation is made declaring a law of the other jurisdiction to be a law that corresponds to this Act, the law declared under that regulation for the other jurisdiction; (b) if the term is used in relation to a matter that happened before the commencement of the law of another jurisdiction that, under paragraph (a) , is the corresponding law for the other jurisdiction, a previous law applying to legal practice in the other jurisdiction; costs assessor has the meaning given in section 283 ; Council means the Council of the Law Society; disqualified person means any of the following persons whether the thing that has happened to the person happened before or after the commencement of this definition: (a) a person whose name has (whether or not at his or her own request) been removed from an Australian roll and who has not subsequently been admitted or re-admitted to the legal profession under this Act or a corresponding law; (b) a person whose Australian practising certificate has been suspended or cancelled under this Act or a corresponding law and who, because of the cancellation, is not an Australian legal practitioner, or in relation to whom that suspension has not finished; (c) a person who has been refused a renewal of an Australian practising certificate under this Act or a corresponding law, and to whom an Australian practising certificate has not been granted at a later time; (d) a person who is the subject of an order under this Act or a corresponding law prohibiting a law practice from employing or paying the person in connection with the relevant practice; (e) a person who is the subject of an order under this Act or a corresponding law prohibiting an Australian legal practitioner from being a partner of the person in a business that includes the practitioner's practice; (f) a person who is the subject of an order under section 133 (Disqualification from managing incorporated legal practice) or section 158 (Prohibition on partnerships with certain partners who are not Australian legal practitioners) or under provisions of a corresponding law that correspond to section 133 or 158 ; document means any record of information, and includes – (a) anything on which there is writing; and (b) anything on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them; and (c) anything from which sounds, images or writings can be reproduced with or without the aid of anything else; and (d) a map, plan, drawing or photograph – and a reference in this Act to a document (as so defined) includes a reference to – (e) any part of the document; and (f) any copy, reproduction or duplicate of the document or of any part of the document; and (g) any part of such a copy, reproduction or duplicate; engage in legal practice includes practise law; external territory means a territory of the Commonwealth (not being the Australian Capital Territory, the Jervis Bay Territory or the Northern Territory of Australia) for the government of which as a Territory provision is made by a Commonwealth Act; financial year means a year ending on 30 June; foreign country means – (a) a country other than Australia; or (b) a state, province or other part of a country other than Australia; foreign roll means an official roll of lawyers (whether admitted, practising or otherwise) kept in a foreign country, but does not include a prescribed roll or a prescribed kind of roll; functions includes duties; general trust account means an account maintained by a law practice with an approved ADI for the holding of trust money received by the practice, other than controlled money or transit money; grant of a practising certificate includes the issue of a practising certificate; GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth; Guarantee Fund means the Solicitors' Guarantee Fund continued under section 358 ; home jurisdiction – see section 8 (Home jurisdiction); incorporated legal practice has the same meaning as in Part 2.5 (Incorporated legal practices and multi-disciplinary partnerships); information notice – see section 10 (Information notices); insolvent under administration means – (a) a person who is an undischarged bankrupt within the meaning of the Bankruptcy Act 1966 of the Commonwealth (or the corresponding provisions of the law of a foreign country or external territory); or (b) a person who has executed a deed of arrangement under Part X of the Bankruptcy Act 1966 of the Commonwealth (or the corresponding provisions of the law of a foreign country or external territory) if the terms of the deed have not been fully complied with; or (c) a person whose creditors have accepted a composition under Part X of the Bankruptcy Act 1966 of the Commonwealth (or the corresponding provisions of the law of a foreign country or external territory) if a final payment has not been made under that composition; or (d) a person for whom a debt agreement has been made under Part IX of the Bankruptcy Act 1966 of the Commonwealth (or the corresponding provisions of the law of a foreign country or external territory) if the debt agreement has not ended or has not been terminated; or (e) a person who has executed a personal insolvency agreement under Part X of the Bankruptcy Act 1966 of the Commonwealth (or the corresponding provisions of the law of a foreign country or external territory) but not if the agreement has been set aside or terminated or all of the obligations that the agreement created have been discharged; interstate lawyer – see section 5 (Terms relating to lawyers); interstate legal practitioner – see section 6 (Terms relating to legal practitioners); interstate practising certificate means a current practising certificate granted under a corresponding law; interstate-registered foreign lawyer means a person who is registered as a foreign lawyer under a corresponding law; interstate roll means a roll of lawyers maintained under a corresponding law; interstate trust account means a trust account maintained under a corresponding law; jurisdiction means a State or Territory of the Commonwealth; law firm means a partnership consisting only of – (a) Australian legal practitioners; or (b) one or more Australian legal practitioners and one or more Australian-registered foreign lawyers; Law Foundation of Tasmania means the company limited by guarantee incorporated under that name on 1 July 1980; law practice means – (a) an Australian legal practitioner who is a sole practitioner; or (b) a law firm; or (c) a multi-disciplinary partnership; or (d) an incorporated legal practice; or (e) a complying community legal centre; Law Society means the Law Society of Tasmania; lay associate – see section 7 (Terms relating to associates and principals of law practices); lay person means a person who is not an Australian lawyer; legal costs means amounts that a person has been or may be charged by, or is or may become liable to pay to, a law practice for the provision of legal services, including disbursements but not including interest; legal practitioner associate – see section 7 (Terms relating to associates and principals of law practices); legal practitioner director, in relation to an incorporated legal practice, has the meaning given in Part 2.5 (Incorporated legal practices and multi-disciplinary partnerships); legal practitioner partner in relation to a multi-disciplinary partnership, has the meaning given in Part 2.5 (Incorporated legal practices and multi-disciplinary partnerships); legal profession rules means rules relating to legal practice made under this Act; legal services means work done, or business transacted, in the ordinary course of legal practice; local lawyer – see section 5 (Terms relating to lawyers); local legal practitioner – see section 6 (Terms relating to legal practitioners); local practising certificate means a practising certificate granted under this Act; local roll means the roll of lawyers maintained under this Act; local trust account means a trust account maintained under this Act; locally registered foreign lawyer means a person who is registered as a foreign lawyer under this Act; managed investment scheme has the same meaning as in Chapter 5C of the Corporations Act 2001 of the Commonwealth; modifications includes modifications by way of alteration, omission, addition or substitution; mortgage means an instrument under which an interest in real property is charged, encumbered or transferred as security for the payment or repayment of money, and includes – (a) any instrument of a kind that is prescribed by the regulations as being a mortgage; and (b) a proposed mortgage; mortgage financing means facilitating a loan secured or intended to be secured by mortgage by – (a) acting as an intermediary to match a prospective lender and borrower; or (b) arranging the loan; or (c) receiving or dealing with payments for the purposes of, or under, the loan – but does not include providing legal advice, legal services or preparing an instrument for the loan; mortgage investment scheme means – (a) a scheme in which – (i) more than one person contributes money to the scheme; and (ii) that money is pooled in a fund to make investments in property or other securities; and (iii) the securities arising from the money invested are controlled by a person who has the day-to-day control of the scheme, including the authority to acquire mortgage securities or other securities; or (b) such other scheme as may be prescribed; multi-disciplinary partnership has the meaning given in Part 2.5 (Incorporated legal practices and multi-disciplinary partnerships); practical legal training means – (a) legal training by participation in course work; or (b) supervised legal training, whether involving articles of clerkship or otherwise – or a combination of both; principal – see section 7 (Terms relating to associates and principals of law practices); professional misconduct – see section 421 (Professional misconduct); Register means the Register of Disciplinary Action referred to in section 497 ; Registrar means the Registrar of the Supreme Court; regulatory authority means – (a) in relation to this jurisdiction – (i) a person or body having functions or powers under this Act; or (ii) a person or body prescribed by the regulations as a regulatory authority of this jurisdiction; or (b) in relation to another jurisdiction – (i) if there is only one regulatory authority for the other jurisdiction, that regulatory authority, unless subparagraph (iii) applies; or (ii) if there are separate regulatory authorities for the other jurisdiction for different branches of the legal profession or for persons who practise in a particular style of legal practice, the regulatory authority relevant to the branch or style concerned, unless subparagraph (iii) applies; or (iii) if the regulations specify or provide for the determination of one or more regulatory authorities for the other jurisdiction either generally or for particular purposes, the regulatory authority or authorities specified or determined in accordance with the regulations; rules includes "admission rules", "legal profession rules" and Board of Legal Education rules made under section 608 ; serious offence means an offence whether committed in or outside this jurisdiction that is – (a) an indictable offence against a law of the Commonwealth or any jurisdiction (whether or not the offence is or may be dealt with summarily); or (b) an offence against a law of another jurisdiction that would be an indictable offence against a law of this jurisdiction if committed in this jurisdiction (whether or not the offence could be dealt with summarily if committed in this jurisdiction); or (c) an offence against a law of a foreign country that would be an indictable offence against a law of the Commonwealth or this jurisdiction if committed in this jurisdiction (whether or not the offence could be dealt with summarily if committed in this jurisdiction); show cause event, in relation to a person, means – (a) his or her becoming bankrupt or being served with notice of a creditor's petition presented to the Court under section 43 of the Bankruptcy Act 1966 of the Commonwealth; or (b) his or her presentation (as a debtor) of a declaration to the Official Receiver under section 54A of the Bankruptcy Act 1966 of the Commonwealth of his or her intention to present a debtor's petition or his or her presentation (as a debtor) of such a petition under section 55 of that Act; or (c) his or her applying to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounding with his or her creditors or making an assignment of his or her remuneration for their benefit; or (d) his or her conviction for a serious offence or a tax offence, whether or not – (i) the offence was committed in or outside this jurisdiction; or (ii) the offence was committed while the person was engaging in legal practice as an Australian legal practitioner or was practising foreign law as an Australian-registered foreign lawyer, as the case requires; or (iii) other persons are prohibited from disclosing the identity of the offender; sole practitioner means an Australian legal practitioner who engages in legal practice on his or her own account; solicitor means – (a) a local legal practitioner who holds a current local practising certificate to practise as a barrister and solicitor; or (b) an interstate legal practitioner who holds a current interstate practising certificate that does not restrict the practitioner from engaging in legal practice only as or in the manner of a barrister; suitability matter – see section 9 (Suitability matters); supervised legal practice means legal practice by a person who is an Australian legal practitioner – (a) as an employee of a law practice, where – (i) at least one partner, legal practitioner director or other employee of the law practice is an Australian legal practitioner who holds an unrestricted practising certificate; and (ii) the person engages in legal practice under the supervision of an Australian legal practitioner referred to in subparagraph (i) ; or (b) as a partner in a law firm, where – (i) at least one other partner is an Australian legal practitioner who holds an unrestricted practising certificate; and (ii) the person engages in legal practice under the supervision of an Australian legal practitioner referred to in subparagraph (i) ; or (c) in a capacity approved under a legal profession rule; Tasmania Legal Aid means the commission constituted under section 4 of the Legal Aid Commission Act 1990 ; tax offence means any offence under the Taxation Administration Act 1953 of the Commonwealth, whether committed in or outside this jurisdiction; this jurisdiction means this State; Tribunal means the Disciplinary Tribunal established by section 610 ; Trust means the Solicitors' Trust continued under section 633 ; trust account means an account maintained by a law practice with an approved ADI to hold trust money; trust money has the meaning given in Part 3.2 (Trust money and trust accounts); trust property means property entrusted to a law practice in the course of or in connection with the provision of legal services by the practice, but does not include trust money referred to in section 232 ; unrestricted practising certificate means an Australian practising certificate that is not subject to any condition under this Act or a corresponding law requiring the holder to engage in supervised legal practice or restricting the holder to practise as or in the manner of a barrister; unsatisfactory professional conduct – see section 420 (Unsatisfactory professional conduct). (2) Notes included in this Act do not form part of this Act. 5. Terms relating to lawyers For the purposes of this Act – (a) an "Australian lawyer" is a person who is admitted to the legal profession under this Act or a corresponding law; and (b) a "local lawyer" is a person who is admitted to the legal profession under this Act (whether or not the person is also admitted under a corresponding law); and (c) an "interstate lawyer" is a person who is admitted to the legal profession under a corresponding law, but not under this Act. 6. Terms relating to legal practitioners For the purposes of this Act – (a) an "Australian legal practitioner" is an Australian lawyer who holds a current local practising certificate or a current interstate practising certificate; and (b) a "local legal practitioner" is an Australian lawyer who holds a current local practising certificate; and (c) an "interstate legal practitioner" is an Australian lawyer who holds a current interstate practising certificate, but not a local practising certificate. 7. Terms relating to associates and principals of law practices (1) For the purposes of this Act, an "associate" of a law practice is – (a) an Australian legal practitioner who is – (i) a sole practitioner (in the case of a law practice constituted by the practitioner); or (ii) a partner in the law practice (in the case of a law firm); or (iii) a legal practitioner director in the law practice (in the case of an incorporated legal practice); or (iv) a legal practitioner partner in the law practice (in the case of a multi-disciplinary partnership); or (v) an employee of, or consultant to, the law practice; or (b) an agent of the law practice who is not an Australian legal practitioner; or (c) an employee of the law practice who is not an Australian legal practitioner; or (d) an Australian-registered foreign lawyer who is a partner in the law practice; or (e) a person (not being an Australian legal practitioner) who is a partner in a multi-disciplinary partnership; or (f) an Australian-registered foreign lawyer who has a relationship with the law practice, being a relationship that is of a class prescribed by the regulations. (2) For the purposes of this Act – (a) a "legal practitioner associate" of a law practice is an associate of the practice who is an Australian legal practitioner; and (b) a "lay associate" of a law practice means an associate of the practice who is not an Australian legal practitioner. (3) For the purposes of this Act, a "principal" of a law practice is an Australian legal practitioner who is – (a) a sole practitioner (in the case of a law practice constituted by the practitioner); or (b) a partner in the law practice (in the case of a law firm); or (c) a legal practitioner director in the law practice (in the case of an incorporated legal practice); or (d) a legal practitioner partner in the law practice (in the case of a multi-disciplinary partnership). 8. Home jurisdiction (1) This section has effect for the purposes of this Act. (2) The "home jurisdiction" for an Australian legal practitioner is the jurisdiction in which the practitioner's only or most recent current Australian practising certificate was granted. (3) The "home jurisdiction" for an Australian-registered foreign lawyer is the jurisdiction in which the lawyer's only or most recent current registration was granted. (4) The "home jurisdiction" for an associate of a law practice who is neither an Australian legal practitioner nor an Australian-registered foreign lawyer is – (a) where only one jurisdiction is the home jurisdiction for the only associate of the practice who is an Australian legal practitioner or for all the associates of the practice who are Australian legal practitioners, that jurisdiction; or (b) where no one jurisdiction is the home jurisdiction for all the associates of the practice who are Australian legal practitioners – (i) the jurisdiction in which the office is situated at which the associate performs most of his or her duties for the law practice; or (ii) if a jurisdiction cannot be determined under subparagraph (i) , the jurisdiction in which the associate is enrolled under a law of the jurisdiction to vote at elections for the jurisdiction; or (iii) if a jurisdiction can be determined under neither subparagraph (i) nor subparagraph (ii) , the jurisdiction determined in accordance with criteria specified or referred to in the regulations. 9. Suitability matters (1) Each of the following is a "suitability matter" in relation to a natural person: (a) whether the person is currently of good fame and character; (b) whether the person is or has been an insolvent under administration; (c) whether the person has been convicted of an offence in Australia or a foreign country, and, if so – (i) the nature of the offence; and (ii) how long ago the offence was committed; and (iii) the person's age when the offence was committed; Note. The rules may make provision for the convictions that must be disclosed by an applicant and those that need not be disclosed. (d) whether the person engaged in legal practice in Australia – (i) when not admitted to the legal profession, or not holding a practising certificate, as required under this Act or a previous law of this jurisdiction that corresponds to this Act or under a corresponding law; or (ii) if admitted to the legal profession, in contravention of a condition on which admission was granted; or (iii) if holding an Australian practising certificate, in contravention of a condition of the certificate or while the certificate was suspended; (e) whether the person has practised law in a foreign country – (i) when not permitted by or under a law of that country to do so; or (ii) if permitted to do so, in contravention of a condition of the permission; (f) whether the person is currently subject to an unresolved complaint, investigation, charge or order under any of the following: (i) this Act or a previous law of this jurisdiction that corresponds to this Act; (ii) a corresponding law or corresponding foreign law; (g) whether the person – (i) is the subject of current disciplinary action, however expressed, in another profession or occupation in Australia or a foreign country; or (ii) has been the subject of disciplinary action, however expressed, relating to another profession or occupation that involved a finding of guilt; (h) whether the person's name has been removed from – (i) a local roll, and has not since been restored to or entered on a local roll; or (ii) an interstate roll, and has not since been restored to or entered on an interstate roll; or (iii) a foreign roll; (i) whether the person's right to engage in legal practice has been suspended or cancelled in Australia or a foreign country; (j) whether the person has contravened, in Australia or a foreign country, a law about trust money or trust accounts; (k) whether, under this Act, a law of the Commonwealth or a corresponding law, a supervisor, manager or receiver, however described, is or has been appointed in relation to any legal practice engaged in by the person; (l) whether the person is or has been subject to an order, under this Act, a law of the Commonwealth or a corresponding law, disqualifying the person from being employed by, or a partner of, an Australian legal practitioner or from managing a corporation that is an incorporated legal practice; (m) whether the person is currently unable to satisfactorily carry out the inherent requirements of practice as an Australian legal practitioner. (2) A matter is a suitability matter even if it happened before the commencement of this section. 10. Information notices For the purposes of this Act, an information notice is a written notice to a person about a decision stating – (a) the decision; and (b) the reasons for the decision; and (c) the rights of appeal or review available to the person in respect of the decision and the period within which any such appeal or review must be made or applied for. 11. References to convictions for offences (1) A reference in this Act to a conviction includes a finding of guilt, or the acceptance of a guilty plea, whether or not a conviction is recorded. (2) Without limiting subsection (1) , a reference in this Act to the quashing of a conviction for an offence includes a reference to the quashing of – (a) a finding of guilt in relation to the offence; or (b) the acceptance of a guilty plea in relation to the offence. (3) However, a reference in this Act to the quashing of a conviction for an offence does not include a reference to the quashing of a conviction where – (a) a finding of guilt in relation to the offence; or (b) the acceptance of a guilty plea in relation to the offence – remains unaffected. Chapter 2 - General requirements for engaging in legal practice PART 2.1 - Reservation of Legal Work and Legal Titles Division 1 - Preliminary 12. Purposes The purposes of this Part are as follows: (a) to protect the public interest in the proper administration of justice by ensuring that legal work is carried out only by those who are properly qualified to do so; (b) to protect consumers by ensuring that persons carrying out legal work are entitled to do so. Division 2 - General prohibitions on unqualified practice 13. Prohibition on engaging in legal practice when not entitled (1) A person must not engage in legal practice in this jurisdiction unless the person is an Australian legal practitioner. Penalty: Fine not exceeding 200 penalty units, or imprisonment for a term not exceeding 2 years, or both. (2) Subsection (1) does not apply to engaging in legal practice of the following kinds: (a) legal practice engaged in under the authority of a law of this jurisdiction or of the Commonwealth; (b) legal practice engaged in pursuant to employment under the State Service Act 2000 ; (c) legal practice engaged in pursuant to employment in a council; (d) legal practice engaged in by an incorporated legal practice in accordance with Part 2.5 (Incorporated legal practices and multi-disciplinary partnerships); (e) the practice of foreign law by an Australian-registered foreign lawyer in accordance with Part 2.6 (Legal practice by foreign lawyers); (f) legal practice engaged in by a complying community legal centre; (g) conveyancing work carried out in accordance with a licence in force under the Conveyancing Act 2004 ; (h) preparing or assisting in the preparation of any deed or will or any instrument in writing purporting to create or convey any estate or interest in real or personal property, or otherwise practising the business of a conveyancer, provided it is not done for fee or reward; (i) publishing or selling information or material describing the procedures relating to the conveyance or transfer of property that does not involve the preparation of an instrument purporting to convey or transfer property; (j) work performed by a property agent in respect of instruments he or she is entitled to draw, fill up or prepare, and to charge for, under the Property Agents and Land Transactions Act 2016 ; (k) the drawing of instruments by an officer or employee in the service of the State in the course of his or her duties; (l) work performed by – (i) The Public Trustee established under the Public Trustee Act 1930 ; or (ii) a trustee company as defined by the Trustee Companies Act 1953 – in the course of preparing a will or carrying out any other activities involving the administration of trusts, the estates of living or deceased persons, or the affairs of living persons; (m) appearing or defending in person; (n) acting on one's own behalf in any legal proceedings or matters; (o) legal practice engaged in by a complying community legal centre; (p) legal practice of a kind prescribed by the regulations. (3) Subsection (1) does not apply to a person or class of persons declared by the regulations to be exempt from the operation of subsection (1) . (4) A person is not entitled to recover any amount in respect of anything the person did in contravention of subsection (1) . (5) A person may recover from another person, as a debt due to the person, any amount the person paid to the other person in respect of anything the other person did in contravention of subsection (1) . (6) The regulations may make provision for or with respect to the application (with or without specified modifications) of provisions of this Act to persons engaged in legal practice of a kind referred to in subsection (2) (other than subsection (2)(a) and (d) ). 14. Prohibition on representing or advertising entitlement to engage in legal practice when not entitled (1) A person must not represent or advertise that the person is entitled to engage in legal practice unless the person is an Australian legal practitioner. Penalty: Fine not exceeding 100 penalty units. (2) A director, officer, employee or agent of a body corporate must not represent or advertise that the body corporate is entitled to engage in legal practice unless the body corporate is an incorporated legal practice or a complying community legal centre. Penalty: Fine not exceeding 100 penalty units. (3) Subsections (1) and (2) do not apply to a representation or advertisement about being entitled to engage in legal practice of a kind referred to in section 13(2) (Prohibition on engaging in legal practice when not entitled) by a person so entitled. (4) A reference in this section to a person – (a) representing or advertising that the person is entitled to engage in legal practice; or (b) representing or advertising that a body corporate is entitled to engage in legal practice – includes a reference to the person doing anything that states or implies that the person or the body corporate is entitled to engage in legal practice. 15. Presumptions about taking or using name, title or description specified in regulations (1) This section applies to the following names, titles and descriptions: (a) legal practitioner; (b) barrister; (c) solicitor; (d) attorney; (e) counsel; (f) Queen's Counsel; (g) King's Counsel; (h) Her Majesty's Counsel; (i) His Majesty's Counsel; (j) Senior Counsel; (k) any other name, title or description as may be provided. (2) The regulations may specify the kind of persons who are entitled, and the circumstances in which they are entitled, to take or use a name, title or description to which this section applies. (3) For the purposes of section 14(1) (Prohibition on representing or advertising entitlement to engage in legal practice when not entitled), the taking or using of a name, title or description to which this section applies by a person who is not entitled to take or use that name, title or description gives rise to a rebuttable presumption that the person represented that they are entitled to engage in legal practice. (4) For the purposes of section 14(2) , the taking or using of a name, title or description to which this section applies by a person in relation to a body corporate, of which the person is a director, officer, employee or agent, gives rise to a rebuttable presumption that the person represented that the body corporate is entitled to engage in legal practice. Division 3 - Prohibitions regarding associates and non-legal partners 16. Definition For the purposes of this Division – lay associate of a law practice has the same meaning as in section 7 (Terms relating to associates and principals of law practices), and includes a consultant to the law practice (however described) who – (a) is not an Australian legal practitioner; and (b) provides legal or related services to the law practice, other than services of a kind prescribed by the regulations. 17. Associates who are disqualified or convicted persons (1) A law practice must not have a lay associate whom any principal or other legal practitioner associate of the practice knows to be – (a) a disqualified person; or (b) a person who has been convicted of a serious offence – unless the lay associate is approved by the Board under subsection (2) . (2) The Board may, on application, approve a lay associate for the purposes of this section. (3) An approval under this section may be subject to specified conditions. (4) A disqualified person, or a person convicted of a serious offence, must not seek to become a lay associate of a law practice unless the person first informs the law practice of the disqualification or conviction. Penalty: Fine not exceeding 50 penalty units. (5) Proceedings for an offence under subsection (4) may only be brought within 6 months after discovery of the offence by the law practice. (6) This section does not apply in circumstances prescribed by the regulations. 18. Appeal by law practice or lay associate (1) A law practice or the lay associate who is the subject of the application for approval may appeal to the Supreme Court within 30 days – (a) from a refusal of the Board to give an approval; or (b) against any conditions imposed on an approval by the Board. (2) If the Board has not given or refused to give an approval within 60 days after an application for approval was made, the Board must be taken to have given the approval. (3) After hearing the matter, the Supreme Court – (a) may refuse, grant or confirm an approval; and (b) if it grants an approval, may impose any conditions on the approval it thinks fit; and (c) if it confirms an approval, may confirm or vary any conditions imposed on the approval by the Board and impose any further conditions on the approval it thinks fit. (4) A law practice must comply with any conditions imposed on an approval by the Board or the Supreme Court. Penalty: Fine not exceeding 100 penalty units. 19. Prohibition on employment of certain lay associates (1) This section applies to a person who is not an Australian legal practitioner and who is or was a lay associate of a law practice that – (a) engages in legal practice principally in this jurisdiction; or (b) employs or employed the person to work principally in this jurisdiction – and so applies whether or not the law practice subsequently ceased to exist or engage in legal practice principally in this jurisdiction and whether or not any person ceases, by death or otherwise, to be a legal practitioner associate of the law practice. (2) On application by the Board, the Supreme Court may make an order prohibiting any law practice from employing or paying in connection with the legal practice engaged in by the law practice a specified person to whom this section applies, if – (a) the Supreme Court is satisfied that the person is not a fit and proper person to be employed or paid in connection with that legal practice; or (b) the Supreme Court is satisfied that the person has been guilty of conduct that, if the person were an Australian legal practitioner, would have constituted unsatisfactory professional conduct or professional misconduct. (3) An order made under subsection (2) may be made for a specified period or indefinitely. (4) An order under this section may apply to a specified law practice or specified class of law practices or may apply to law practices generally. (5) An order under this section may be revoked by the Supreme Court on application by the Board or the person against whom the order was made. 20. Proceedings on prohibition orders (1) The parties to an application to the Supreme Court under this Division may be represented by an Australian legal practitioner at the hearing of the application. (2) On making an order under this Division, or on determining an appeal under section 18 (Appeal by law practice or lay associate), the Supreme Court may make orders for costs. (3) An order for costs – (a) may be for a specified amount or an unspecified amount; and (b) if for an unspecified amount, may specify the basis on which the amount is to be determined; and (c) may specify the terms on which costs must be paid. 21. Register of approvals and prohibition orders The Board must – (a) maintain in its office a register of approvals under section 17 (Associates who are disqualified or convicted persons); and (b) maintain in its office a register of approvals and orders made by the Supreme Court under section 18 (Appeal by law practice or lay associate) and section 158 (Prohibition on partnerships with certain partners who are not Australian legal practitioners) and orders prohibiting the employment of certain lay associates made under section 19 (Prohibition on employment of certain lay associates); and (c) permit the register to be inspected by Australian legal practitioners during office hours and without charge, but only if the inspection is made by, or on behalf of, an Australian legal practitioner; and (d) permit the register to be inspected by the prescribed authority. Division 4 - General 22. Professional discipline (1) A contravention of this Part by an Australian lawyer who is not an Australian legal practitioner is capable of constituting unsatisfactory professional conduct or professional misconduct. (2) Nothing in this Part affects any liability that a person who is an Australian lawyer but not an Australian legal practitioner may have under Chapter 4 (Complaints and discipline), and the person may be punished for an offence under this Part as well as being dealt with under Chapter 4 in relation to the same matter. PART 2.2 - Admission of Local Lawyers Division 1 - Preliminary 23. Purposes The purposes of this Part are as follows: (a) in the interests of the administration of justice and for the protection of consumers of legal services, to provide a system under which only applicants who have appropriate academic qualifications and practical legal training and who are otherwise fit and proper persons to be admitted are qualified for admission to the legal profession in this jurisdiction; (b) to provide for the recognition of equivalent qualifications and training that make applicants eligible for admission to the legal profession in other jurisdictions. 24. Definitions In this Part – admission means admission to the legal profession under this Act; admission rules means the rules made under section 38 (Admission rules); applicant or "applicant for admission" means an applicant for admission to the legal profession under this Act; Board of Legal Education rules means rules made under section 608 (Rules of Board of Legal Education); overseas applicant means a person who has obtained academic qualifications, completed practical legal training or gained experience in legal practice wholly or partly overseas; professional association means the Law Society, the Tasmanian Bar or other prescribed body. Division 2 - Eligibility and suitability for admission 25. Eligibility for admission (1) A person is eligible for admission to the legal profession only if the person is a natural person aged 18 years or over and – (a) the person has attained – (i) approved academic qualifications; or (ii) corresponding academic qualifications – or is exempted from compliance with this paragraph under subsection (4) ; and (b) the person has satisfactorily completed – (i) approved practical legal training requirements; or (ii) corresponding practical legal training requirements – or is exempted from compliance with this paragraph under subsection (4) . (2) In this section – approved academic qualifications means academic qualifications that are approved, under the Board of Legal Education rules, for admission to the legal profession in this jurisdiction; approved practical legal training requirements means legal training requirements that are approved, under the Board of Legal Education rules, for admission to the legal profession in this jurisdiction; corresponding academic qualifications means academic qualifications that would qualify the person for admission to the legal profession in another jurisdiction, if the Board of Legal Education is satisfied that substantially the same minimum criteria apply for the approval of academic qualifications for admission in the other jurisdiction as apply in this jurisdiction; corresponding practical legal training requirements means legal training requirements that would qualify the person for admission to the legal profession in another jurisdiction, if the Board of Legal Education is satisfied that substantially the same minimum criteria apply for the approval of legal training requirements for admission in the other jurisdiction as apply in this jurisdiction. (3) For the purposes of subsection (2) , the Board of Legal Education may satisfy itself regarding the minimum criteria for the approval of academic qualifications, or legal training requirements, for admission in another jurisdiction by considering appropriate advice from an authority of the other jurisdiction that those criteria were established consistently with relevant agreed standards, and accordingly the Board of Legal Education need not examine (in detail or at all) the content of courses of legal study or legal training requirements prescribed in the other jurisdiction. (4) The Supreme Court, on the recommendation of the Board of Legal Education, may exempt a person from the requirements of subsection (1)(a) or (b) , or both, if satisfied that the person has – (a) sufficient academic qualifications; or (b) sufficient relevant experience in legal practice or relevant service with a government department or government agency – or both, so as to render the person eligible for admission, whether the qualifications or experience were obtained wholly or partly in Australia or overseas. (5) An exemption under subsection (4) may be given unconditionally or subject to such conditions relating to the obtaining of further academic qualifications or further legal training as the Supreme Court, on the recommendation of the Board of Legal Education, considers appropriate. (6) For the purposes of subsection (3) , the regulations may identify or provide a means of identifying the relevant agreed standards. 26. Suitability for admission (1) The Supreme Court must, in deciding if a person is a fit and proper person to be admitted to the legal profession under this Act, consider – (a) each of the suitability matters in relation to the person to the extent a suitability matter is appropriate; and (b) any other matter it considers relevant. (2) However, the Supreme Court may consider a person to be a fit and proper person to be admitted to the legal profession under this Act despite a suitability matter because of the circumstances relating to the matter. (3) To enable the Supreme Court to make a decision under subsection (1) , the Supreme Court may require an applicant – (a) to obtain from the Commissioner of Police, at the applicant's expense, a report in relation to convictions (if any) of the applicant in this or any other jurisdiction, including the Commonwealth, and to provide that report to the Court; or (b) to be medically examined by a medical practitioner nominated by the Court and to furnish a report of that examination to the Court, at the applicant's expense. 27. Early consideration of suitability (1) A person may apply to the Supreme Court for a declaration that matters disclosed by the person will not adversely affect an assessment by the Court as to whether the person is a fit and proper person to be admitted. (2) The Supreme Court is to consider each application under this section and make an order or declaration as it sees fit. 28. Binding effect of declaration or order An order or declaration made under section 27 is binding unless the applicant failed on the application to make a full and fair disclosure of all matters relevant to the declaration sought. 29. Entitlement to be represented, heard and make representations (1) The Board, a professional association and the applicant concerned are entitled – (a) to make representations in writing to the Supreme Court in relation to any matter under consideration by the Court under this Division; and (b) to be represented and heard at any application or appeal under this Division. (2) The Supreme Court is to notify the Board and any relevant professional association in accordance with the admission rules of – (a) any application for a declaration under section 27 (Early consideration of suitability); and (b) any order or declaration made under that section. Division 3 - Admission to the legal profession 30. Notice of intention to apply for admission (1) A person who intends to apply for admission to the legal profession is to cause a notice of that intention to be published within such period and in such a manner as are prescribed by the admission rules. (2) A person who wishes to extend or shorten the period referred to in subsection (1) may apply to the Supreme Court for an order to that effect. (3) A person who makes an application under subsection (2) is to forward a copy of that application to the Board, the Law Society and any other relevant professional association. (4) The Supreme Court must not hear an application unless – (a) it is satisfied that the provisions of subsection (3) have been complied with; and (b) the Board, the Law Society and any other relevant professional association are given an opportunity to appear before the Court hearing the application. 31. Admission (1) A person may apply to the Supreme Court to be admitted to the legal profession. (2) The applicant must provide a copy of the application to the Board, the Law Society and any other relevant professional association in accordance with the admission rules. (3) On receipt of an application under subsection (1) , the Supreme Court may refer the application to the Board of Legal Education and request the Board of Legal Education to – (a) provide a recommendation on the person's eligibility for admission; or (b) report on any matter relevant to the person's eligibility for admission. (4) The Board of Legal Education is to provide its recommendation to the Supreme Court within 30 days of the receipt of the request under subsection (3) unless the applicant is an overseas applicant. (5) In determining the eligibility of a person for admission, the Supreme Court may rely on the recommendation of the Board of Legal Education. (6) The Supreme Court may admit a person as a lawyer if satisfied that the person – (a) is eligible for admission; and (b) is a fit and proper person to be admitted; and (c) has complied with the provisions of this Part. 32. Objection to admission (1) The Board, the Law Society, any other relevant professional association or any other person who has reasonable grounds to object to an application for admission may apply to the Supreme Court to hear and determine the issues relating to the objection. (2) A person who intends to object to an application for admission must lodge with the Registrar two copies of a notice of objection stating the grounds of the objection. (3) The Court may accept a notice of objection lodged not less than 7 days before the date on which the application for admission is to be heard or at such time as the Court determines. (4) If an objection is made by a person other than the Board or the Law Society, the person making the objection must provide a copy of the notice of objection to the Board and the Law Society. (5) On receipt of a notice of objection, the Registrar is to forward a copy of the notice to the applicant. (6) A person who lodges a notice of objection is entitled to appear at any hearing held to determine the objection. 33. Terms and conditions of admission (1) The Supreme Court may admit a person to the legal profession under section 31 on such terms and conditions relating to the right of that person to practise as it thinks fit. (2) If the Supreme Court admits a person subject to terms and conditions relating to the right of that person to practise, the Court may, on the application of that person, review, modify or remove all or any of those terms and conditions if – (a) the application is made at least 12 months after the date on which the person was so admitted; or (b) in the case