Western Australia: 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 Legal Profession Uniform Regulations made by a provision of an amending Act; Uniform Rules means — (a) the Legal Profession Uniform Rules as in force under the Legal Profession Uniform Law Application Act 2014 (Victoria) Schedule 1 Part 9.2 immediately before the day on which this definition comes into operation (as amended or repealed by rules to which paragraph (b), or an Act to which paragraph (c), applies); and (b) the Legal Profession Uniform Rules made under the Legal Profession Uniform Law (WA) Part 9.2 on and after the day on which this definition comes into operation; and (c) the Legal Profession Uniform Rules made by a provision of an amending Act; Uniform Rules (WA) means the Legal Profession Uniform Rules (WA) applying as subsidiary legislation of the State under section 14(2); Western Australian Bar Association means the Western Australian Bar Association (Inc.). (2) Terms used in this Act and also in the Legal Profession Uniform Law (WA) have the same meanings in this Act as they have in the Law unless the contrary intention appears. 4. Act binds Crown This Act binds the Crown in right of Western Australia and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities. 5. Application of Interpretation Act 1984 to Act and Uniform Law The Interpretation Act 1984 — (a) applies to this Act; but (b) does not apply to the Legal Profession Uniform Law (WA). Note for this paragraph: See the Legal Profession Uniform Law (WA) section 7. 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) In this section — Legal Profession Uniform Law means the Legal Profession Uniform Law set out in the Legal Profession Uniform Law Application Act 2014 (Victoria) Schedule 1 as in force on 21 June 2021 — (a) as amended by the Legal Profession Uniform Law Application Amendment Act 2019 (Victoria) Part 2 (when that Part comes into operation in the State under section 7(2)); and (b) as amended by each provision that — (i) is in an amending Act that has effect for the purposes of this Part under section 9; and (ii) has come into operation for the purposes of this Part under section 10; and (c) as modified by Part 7 Division 3 Subdivision 1 and the local regulations made under section 127(1)(b). (2) The Legal Profession Uniform Law — (a) applies as a law of the State; and (b) as so applying, may be referred to as the Legal Profession Uniform Law (WA); and (c) so applies as if it were an Act. Notes for this section: 1. See section 12 for how this Act interacts with the Legal Profession Uniform Law (WA) in the event of an inconsistency. 2. See also Part 16 Division 2. 7. Commencement of Uniform Law as law of the State (1) For the purposes of the Legal Profession Uniform Law (WA) section 2, the Law as in force on 21 June 2021 comes into operation in the State on the day (commencement day) on which this section comes into operation. (2) For the purposes of paragraph (a) of the definition of Legal Profession Uniform Law in section 6(1), a provision of the Legal Profession Uniform Law Application Amendment Act 2019 (Victoria) Part 2 comes into operation in the State — (a) if the provision has come into operation in Victoria before commencement day — on commencement day; or (b) in any other case — on the day on which the provision comes into operation in Victoria under section 2(2) of that Act. 8. Tabling amending Acts An amending Act must be laid before each House of Parliament within 18 sitting days of the House after the day on which the Act receives the Royal Assent. 9. Disallowance of amending Acts (1) In this section — disallowance period, in relation to a disallowance resolution notice of which is given in a House of Parliament, means the period of 30 sitting days of the House after the day on which the notice is given; disallowance resolution means a resolution that an amending Act be disallowed; notice period, in relation to an amending Act laid before a House of Parliament under section 8, means the period of 14 sitting days of the House after the day on which the amending Act is laid before it. (2) An amending Act has effect for the purposes of this Part if the amending Act is laid before each House of Parliament under section 8 and either — (a) no notice of a disallowance resolution is given in either House within the notice period; or (b) at least 1 notice of a disallowance resolution is given in a House within the notice period and, for each such notice, 1 of the following applies — (i) the notice is withdrawn or discharged within the disallowance period; (ii) the disallowance resolution is lost in the House or not agreed to within the disallowance period. (3) For the purposes of this section and section 8 — (a) the period specified in section 8, a notice period or a disallowance period continues to run even though a House of Parliament is prorogued or dissolved or expires; and (b) notice of a disallowance resolution given in a House of Parliament, or a motion that an amending Act be disallowed in the House, does not lapse even though the House is prorogued or dissolved or expires. 10. Commencement of amending Acts (1) In this section — amending provision means a provision of an amending Act that amends — (a) the Legal Profession Uniform Law Application Act 2014 (Victoria) Schedule 1; or (b) the Uniform Regulations; or (c) the Uniform Rules. (2) If, under section 9(2), an amending Act has effect for the purposes of this Part, the Governor must declare that fact by proclamation as soon as practicable. (3) If an amending provision has come into operation in Victoria before the proclamation is published in the Gazette, the amending provision comes into operation for the purposes of this Part on a day fixed by the proclamation. (4) If an amending provision has not come into operation in Victoria before the proclamation is published in the Gazette, the amending provision comes into operation for the purposes of this Part when the amending provision comes into operation in Victoria in accordance with the amending Act. 11. Tabling of amending Act taken to be publication for Standing Orders (1) In this section — parliamentary committee means a committee established by either or both of the Houses of Parliament. (2) If a Standing Order of a House of Parliament provides that on the publication of an instrument under a written law the instrument is referred to a parliamentary committee for consideration, the laying of an amending Act before the House under section 8 is taken to be publication of the amending Act for the purposes of the Standing Order. (3) This section does not apply if the Standing Orders of the House provide specifically for an amending Act to be considered by a parliamentary committee. 12. Interaction between Uniform Law and this Act If a provision of this Act is inconsistent with the Legal Profession Uniform Law (WA), the provision of this Act prevails to the extent of the inconsistency. 13. No double jeopardy A person is not liable to be punished for an offence against the Legal Profession Uniform Law (WA) if — (a) the act or omission that constitutes the offence also constitutes an offence against a law of another participating jurisdiction; and (b) the person has been punished for the offence under the law of the other jurisdiction. 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) The Uniform Regulations — (a) subject to subsections (3) and (4), apply as subsidiary legislation of the State; and (b) as so applying — (i) may be referred to as the Legal Profession Uniform Regulations (WA); and (ii) are the Uniform Regulations for the purposes of the Legal Profession Uniform Law (WA) (despite the definition of Uniform Regulations in section 6(1) of the Law). (2) The Uniform Rules — (a) subject to subsections (3) and (4), apply as subsidiary legislation of the State; and (b) as so applying — (i) may be referred to as the Legal Profession Uniform Rules (WA); and (ii) are the Uniform Rules for the purposes of the Legal Profession Uniform Law (WA) (despite the definition of Uniform Rules in section 6(1) of the Law). (3) The Uniform Regulations made under the Legal Profession Uniform Law (WA) Part 9.1, and the Uniform Rules made under the Legal Profession Uniform Law (WA) Part 9.2, on and after the day on which this section comes into operation apply as subsidiary legislation of the State subject to subsection (5) and section 16. (4) The Uniform Regulations or Uniform Rules made by a provision of an amending Act apply as subsidiary legislation of the State if — (a) the amending Act has effect for the purposes of this Part under section 9; and (b) the provision has come into operation for the purposes of this Part under section 10. (5) If a provision of the Uniform Regulations or Uniform Rules (the subsidiary provision) is made under or for the purposes of a provision inserted into the Legal Profession Uniform Law Application Act 2014 (Victoria) Schedule 1 by a provision of an amending Act (the amending Act provision) — (a) the subsidiary provision does not come into operation for the purposes of its application as subsidiary legislation of the State under subsection (1) or (2) until the later of — (i) the day on which the amending Act provision comes into operation for the purposes of this Part under section 10; or (ii) the day on which the subsidiary provision comes into operation in Victoria; and (b) if the amending Act provision does not come into operation for the purposes of this Part under section 10 because the amending Act does not have effect for the purposes of the Part under section 9 — the subsidiary provision does not apply as subsidiary legislation of the State. 15. Publication of Uniform Regulations and Uniform Rules (1) The Uniform Regulations and Uniform Rules made on or after the day on which this section comes into operation must be published in the Gazette no later than 18 days after the day on which the regulations or rules are made. (2) However, subsection (1) does not apply to a provision of an amending Act that amends the Uniform Regulations or Uniform Rules. 16. Tabling and disallowance of Uniform Regulations and Uniform Rules (1) The Uniform Regulations or Uniform Rules (the published legislation) published under section 15(1) must be laid before each House of Parliament within 6 sitting days of the House after the day on which the published legislation is published in the Gazette. (2) Subsections (3) and (4) apply if — (a) the published legislation is not laid before each House of Parliament in accordance with subsection (1); or (b) both of the following apply — (i) notice of a resolution to disallow the published legislation laid before a House of Parliament under subsection (1) is given within 14 sitting days of the House after the published legislation is laid before the House under subsection (1); (ii) the resolution to disallow the published legislation is agreed to by the House. (3) The published legislation ceases to have effect as subsidiary legislation of the State on the day on which this subsection starts to apply. (4) If the published legislation amended or repealed the Uniform Regulations or Uniform Rules that were in operation immediately before the published legislation came into operation, the Uniform Regulations or Uniform Rules amended or repealed are revived on the day on which this subsection starts to apply. (5) For the purposes of this section — (a) the period specified in subsection (2)(b) continues to run even though a House of Parliament is prorogued or dissolved or expires; and (b) notice of the resolution to disallow the published legislation does not lapse even though the House is prorogued or dissolved or expires. (6) If a resolution is agreed to under subsection (2)(b), notice of the resolution must be published in the Gazette within 21 days after the day on which the motion is passed. 17. Interpretation Act 1984 s. 41 and 42 do not apply to Uniform Regulations and Uniform Rules The Interpretation Act 1984 sections 41 and 42 do not apply to the Uniform Regulations and Uniform Rules. Division 3 — Matters specified for Legal Profession Uniform Law (WA) 18. Meaning of this jurisdiction in Uniform Law In the Legal Profession Uniform Law (WA) — this jurisdiction means the State of Western Australia. 19. Costs assessor: Uniform Law s. 6 For the purposes of paragraph (b) of the definition of costs assessor in the Legal Profession Uniform Law (WA) section 6(1), each taxing officer of the Supreme Court has the responsibility of conducting costs assessments. 20. Designated local regulatory authorities: Uniform Law s. 6 For the purposes of the definition of designated local regulatory authority in the Legal Profession Uniform Law (WA) section 6(1), a person or body specified in column 2 of the Table is the designated local regulatory authority for the provision of the Law specified opposite it in column 1. Table Column 1 Column 2 Provision of Legal Profession Uniform Law (WA) Designated local regulatory authority Section 14 Board Part 2.2 Board Chapter 3, other than section 82(4) Board Section 82(4) Legal Services and Complaints Committee Chapters 4, 5, 6 and 7 Board Section 421(2)(f) Board Section 436(1) Board or Legal Services and Complaints Committee Sections 436(2) and 437(1) Board Section 437(2) Board or Legal Services and Complaints Committee Section 446 Board Part 9.6 Board or Legal Services and Complaints Committee Sections 453(1) and 466(7) Board or Legal Services and Complaints Committee Schedule 3 Board 21. Designated local roll authority: Uniform Law s. 6 For the purposes of the definition of designated local roll authority in the Legal Profession Uniform Law (WA) section 6(1), the Principal Registrar is the designated local roll authority for the purposes of sections 23, 24 and 462 of the Law. 22. Designated tribunals: Uniform Law s. 6 For the purposes of the definition of designated tribunal in the Legal Profession Uniform Law (WA) section 6(1), a court or tribunal specified in column 2 of the Table is the designated tribunal for the provision of the Law specified opposite it in column 1. Table Column 1 Column 2 Provision of Legal Profession Uniform Law (WA) Designated tribunal Sections 23, 100, 101, 119, 120 and 198 State Administrative Tribunal Sections 247 and 248 Supreme Court Part 5.4 Division 3 and Part 5.5 State Administrative Tribunal Section 314 State Administrative Tribunal Parts 6.5 and 6.6 State Administrative Tribunal Sections 453, 456 and 457 A court that would have jurisdiction to order payment of the pecuniary penalty if it were a debt Section 474(2) Any designated tribunal referred to in this Table 23. Fidelity authority: Uniform Law s. 6 For the purposes of the definition of fidelity authority in the Legal Profession Uniform Law (WA) section 6(1), the specified entity is the Legal Contribution Trust. 24. Nominated fund and nominated trust authority: Uniform Law s. 149 For the purposes of the Legal Profession Uniform Law (WA) section 149(6) — (a) the Trust Interest Account is the nominated fund for the purposes of section 149 of the Law; and (b) the Legal Contribution Trust is the nominated trust authority for the purposes of section 149 of the Law. 25. Unclaimed money to be dealt with under Unclaimed Money Act 1990: Uniform Law s. 167 For the purposes of the Legal Profession Uniform Law (WA) section 167, unclaimed money is to be dealt with in accordance with the Unclaimed Money Act 1990. 26. Fidelity fund: Uniform Law s. 222 For the purposes of the Legal Profession Uniform Law (WA) section 222, the Guarantee Fund is the fidelity fund for the purposes of Part 4.5 of the Law. 27. Specified fund: Uniform Law s. 365 For the purposes of the Legal Profession Uniform Law (WA) section 365(3), the Guarantee Fund is the specified fund. 28. Issuing authority: Uniform Law s. 377 For the purposes of the Legal Profession Uniform Law (WA) section 377(1), a magistrate is an issuing authority authorised to issue search warrants. 29. Specified manner for payment of pecuniary penalties: Uniform Law s. 456 (1) For the purposes of the Legal Profession Uniform Law (WA) section 456(a), a pecuniary penalty ordered under the Law is to be paid to the Board. (2) Despite the Legal Profession Uniform Law (WA) section 299(1)(f), a specified amount ordered to be paid under that section is to be paid to the Board. Part 3 — Local authorities Division 1 — Legal Practice Board Subdivision 1 — Establishment and functions 30. Establishment of Board (1) The Legal Practice Board is established. (2) The Board is a body corporate with perpetual succession. (3) Proceedings may be taken by or against the Board in its corporate name. 31. Relationship to Crown The Board does not represent, and is not an agent of, the Crown. 32. Functions The Board has the functions conferred on it by this Act, the Legal Profession Uniform Law (WA) or another Act. 33. Powers (1) The Board has all the powers it needs to perform its functions. (2) Without limiting subsection (1), the Board may, for the purpose of performing its functions — (a) acquire, hold, manage, improve, develop and dispose of any real or personal property; and (b) enter into leases, contracts and arrangements; and (c) provide, take and arrange security; and (d) employ and engage staff; and (e) charge fees for the services it provides; and (f) if an external investigation is carried out as a result of a request from the Legal Contribution Trust under section 103(1)(d) — require the Trust to pay all or part of the costs of the investigation; and (g) do anything incidental to any of its powers. 34. Board to pay State contribution to fund Legal Profession Uniform Framework Each financial year the Board must pay the Legal Services Council the State's contribution to the funding of the Legal Profession Uniform Framework as required by the Intergovernmental Agreement. 35. Board to pay contributions to Guarantee Fund into Fund The Board must pay into the Guarantee Fund any annual contributions to the Fund it receives under section 116(1)(d) or 120(1)(d). 36. Delegation of powers and duties under this Act (1) The Board may delegate any of the Board's powers or duties under another provision of this Act to — (a) a Board member; or (b) a committee appointed under section 53(2)(a); or (c) a person employed or engaged by the Board; or (d) a person or class of persons prescribed by the local regulations. (2) The delegation must be in writing executed by the Board. (3) A committee or person to whom a power or duty is delegated under this section cannot delegate that power or duty. (4) A committee or person exercising or performing a power or duty that has been delegated to that committee or person under this section is taken to do so in accordance with the terms of the delegation unless the contrary is shown. (5) Nothing in this section limits the ability of the Board to perform a function through an officer or agent. (6) This section does not apply to a power to execute documents. Note for this subsection: Authority to execute documents on behalf of the Board can be given under section 55. 37. Delegation of functions under Uniform Law: Uniform Law s. 406 For the purposes of the Legal Profession Uniform Law (WA) section 406, the Board may delegate — (a) any of its Chapter 5 functions to — (i) the Legal Services and Complaints Committee; or (ii) the Legal Services and Complaints Officer; or (b) any of its other functions under the Law to a person, or class of persons, prescribed by the local regulations. Subdivision 2 — Membership 38. Board members The Board consists of the following members (each of whom is a Board member) — (a) the Attorney General; (b) the Solicitor General or, if there is no Solicitor General, the State Solicitor; (c) a current or former judge of the Supreme Court appointed by the Attorney General; (d) subject to section 41, each Queen's Counsel, and each Senior Counsel — (i) whose home jurisdiction is this State; and (ii) who is not a full‑time judicial officer; and (iii) who has, in writing, nominated themselves as a member; (e) 12 local legal practitioners of at least 3 years' standing and practice who are elected as members (elected Board members). 39. Term of office Subject to section 41 and the local regulations, an elected Board member holds office for a term of 2 years from the date of becoming a member and is eligible for re‑election. 40. Who may vote in election Any local legal practitioner is eligible to vote in an election for an elected Board member. 41. Removal or resignation (1) The Attorney General may remove an elected Board member from office if the member is absent without leave of the Board from 3 consecutive meetings of the Board of which the member has had notice. (2) The Board may grant leave of absence to a Board member on such terms and conditions as it considers appropriate. (3) A Board member may resign from office by notice in writing given to the Board. 42. Chairperson and deputy chairperson (1) The Board members must elect — (a) a member to be chairperson of the Board; and (b) a member to be deputy chairperson of the Board. (2) A chairperson or deputy chairperson holds office for 1 year unless they resign or cease to be a Board member. (3) A Board member must not hold office as — (a) chairperson for more than 5 consecutive annual terms; or (b) deputy chairperson for more than 5 consecutive annual terms. (4) The deputy chairperson may act as chairperson — (a) if the chairperson is unable to act because of illness, absence or other cause; or (b) if requested to do so by the chairperson; or (c) during a vacancy in the office of chairperson. (5) While acting as chairperson of the Board the deputy chairperson has, and may perform, the functions of chairperson. (6) An act or omission of the deputy chairperson acting in the chairperson's place cannot be questioned on the ground that the occasion to act in the chairperson's place had not arisen or had ceased. (7) The chairperson of the Board is to be paid such remuneration and allowances as the Board may determine. 43. Casual vacancies If a casual vacancy occurs in the office of an elected Board member, the Board may appoint a local legal practitioner to act as a Board member for the balance of the term of that elected member. Subdivision 3 — Practice and procedures 44. Meetings (1) Meetings of the Board may be convened at the times and places that the Board determines. (2) Unless the Board determines otherwise, the presence of a person at a meeting of the Board need not be by attendance in person but may be by telephone or other means of instantaneous communication. (3) The chairperson of the Board, if present, is to preside at a meeting of the Board. (4) If neither the chairperson, nor the deputy chairperson acting as the chairperson, is presiding under subsection (3), the members present at the meeting are to appoint 1 of their number to preside. (5) A person appointed under subsection (4) has, and may perform, the functions of chairperson. 45. Quorum A quorum for a meeting of the Board is 4 Board members. 46. Voting (1) Each Board member at a meeting of the Board has 1 vote. (2) All questions at a meeting of the Board are to be decided by a majority of the votes of the members present. (3) In the case of an equality of votes, the person presiding has a casting vote in addition to a deliberative vote. 47. Procedures (1) The Board must ensure that minutes of its meetings are kept. (2) Subject to this Act, the Board may determine its own procedures. (3) The Board is not required to conduct any proceedings in a formal manner. Subdivision 4 — Financial and reporting provisions 48. Application of funds The money received by the Board under this Act and the Legal Profession Uniform Law (WA) must be applied by the Board for the purposes of this Act and the Law, which include — (a) paying the funding contribution under section 34; and (b) providing services and facilities for the purposes of section 60; and (c) the administration and enforcement of the local regulations and the Uniform Rules (WA); and (d) the payment of the law library contribution under section 245(2). 49. Accounts and records (1) The Board must — (a) cause to be kept proper accounts of the financial transactions of the Board; and (b) cause to be kept proper records of the business of the Board; and (c) prepare financial statements in accordance with Australian Accounting Standards. (2) Unless the Board determines otherwise, the financial statements must be prepared on an accrual basis. 50. Audit The accounts and financial statements of the Board must be audited at least once a year, at the expense of the Board, by an auditor appointed by the Board with the approval of the Attorney General. 51. Annual reports (1) The Board must, on or before 31 December in each year — (a) cause an annual report to be prepared in relation to the activities of the Board in the year ending on the preceding 30 June; and (b) give a copy of the report to the Attorney General together with a copy of the financial statements and the auditor's report for the year. (2) The annual report must include details of — (a) the number, nature and outcome of — (i) inquiries undertaken by the Board; and (ii) matters that have been brought before the State Administrative Tribunal by the Board under this Act or the Legal Profession Uniform Law (WA); and (iii) any appeals that have been made from decisions of the State Administrative Tribunal referred to in subparagraph (ii); and (b) the number and nature of inquiries and matters referred to in paragraph (a) that are outstanding; and (c) any trends or special problems that may have emerged; and (d) a forecast of the workload of the Board in the year after the year to which the report relates; and (e) any proposals for improving the operation of the Board. (3) The executive officer of the State Administrative Tribunal must provide the Board with information it may request for the purpose of preparing its annual report. (4) The Attorney General must, within 14 days after the day on which a copy of an annual report, financial statement and auditor's report is given to the Attorney General by the Board, cause a copy of the reports and statement to be laid before each House of Parliament or dealt with under section 258. 52. Reports relating to operation and effectiveness of aspects of Uniform Law The Board, on its own initiative, may prepare and give a report to the Attorney General on its views as to the operation and effectiveness of the Legal Profession Uniform Law (WA) Chapter 5, the carrying out of Chapter 5 functions, or any other matter connected with those functions or with the Law. Subdivision 5 — Miscellaneous 53. Committees (1) This section does not apply in relation to the Legal Services and Complaints Committee. (2) The Board may — (a) appoint committees of Board members; and (b) discharge, alter or reconstitute any committee. (3) A committee must comply with any direction or requirement of the Board. (4) A committee may, with the approval of the Board, invite any person, including a member of staff, to participate in a meeting of the committee but such a person cannot vote on any resolution before the committee. (5) Subject to subsections (2) to (4), a committee may determine its own procedures. 54. Secretary of Board (1) The Board may employ or engage a person to be the secretary of the Board. (2) The secretary has the functions that the Board directs the secretary to perform. 55. Execution of documents by Board (1) The Board must have a common seal. (2) A document is duly executed by the Board if — (a) the common seal of the Board is affixed to it in accordance with subsections (3) and (4); or (b) it is signed on behalf of the Board by a person or persons authorised to do so under subsection (5). (3) The common seal of the Board must not be affixed to any document except as authorised by the Board. (4) The common seal of the Board must be affixed to a document in the presence of 2 Board members, each of whom must sign the document to attest that the common seal was so affixed. (5) The Board may, by writing under its seal, authorise 1 or more of its members or staff members to sign documents on behalf of the Board, either generally or subject to the conditions or restrictions that are specified in the authorisation. (6) A document purporting to be executed in accordance with this section is taken to be duly executed unless the contrary is shown. (7) When a document is produced bearing a seal purporting to be the common seal of the Board, the seal is taken to be the common seal of the Board unless the contrary is shown. 56. Local regulations may be made about matters for Board The local regulations may make provision for or in relation to the following — (a) the election of Board members; (b) the annual election of the chairperson and deputy chairperson of the Board; (c) the meetings and proceedings of the Board or a committee of the Board. Division 2 — Legal Services and Complaints Committee Subdivision 1 — Establishment and functions 57. Establishment of Legal Services and Complaints Committee (1) The Legal Services and Complaints Committee is established. (2) The Legal Services and Complaints Committee is a committee of the Board. 58. Functions (1) The Legal Services and Complaints Committee has the functions conferred on it by this Act, the Legal Profession Uniform Law (WA) or another Act. (2) Without limiting subsection (1), it is a function of the Legal Services and Complaints Committee — (a) to carry out a Chapter 5 function delegated to the Committee by the Board under section 37(a)(i); and (b) to supervise and direct the Legal Services and Complaints Officer in the performance of the functions of that office; and (c) to comment on, and make recommendations in respect of, this Act and the Legal Profession Uniform Law (WA) to the extent that they may affect the functions of the Legal Services and Complaints Committee. (3) A community representative may also report independently, as an individual, to the Attorney General on any aspect of — (a) a complaint under consideration by the Legal Services and Complaints Committee under functions delegated under section 37(a)(i); or (b) the Uniform Rules (WA) as they relate to disciplinary matters or the conduct of legal practice; or (c) the activities of the Legal Services and Complaints Officer or the Legal Services and Complaints Committee. (4) The Board must not direct or impose any requirement on the Legal Services and Complaints Committee as to the performance of its functions, unless directing or imposing the requirement is permitted by the Legal Profession Uniform Law (WA) section 408 or 411. 59. Powers The Legal Services and Complaints Committee has all the powers it needs to perform its functions. 60. Support The Board must ensure that the Legal Services and Complaints Committee is provided with any services and facilities that are reasonably necessary to enable the Committee to perform its functions. 61. Delegation to Legal Services and Complaints Officer (1) The Legal Services and Complaints Committee may delegate any power or duty