Legal Profession Uniform Law Application Amendment Act 2015
Authorised Version
Legal Profession Uniform Law Application
Amendment Act 2015
No. 8 of 2015
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary 1
1 Purpose 1
2 Commencement 2
3 Principal Act 2
Part 2—Legal Profession Uniform Law Application Act 2014
amended 3
4 Definitions 3
5 New section 9A inserted 3
6 Designation of local authorities and tribunals 4
7 New section 18A inserted 8
8 Interpretation of Legislation Act 1984—Definitions 8
9 General transitional provisions 8
10 Insurance terms and conditions 8
11 Accident Compensation Act 1985 9
12 Co-operatives Act 1996 and Information Privacy Act 2000 9
13 Legal Aid Act 1978 9
14 Mental Health Act 1986 and Police Regulation Act 1958 9
15 Supreme Court Act 1986 9
16 Wills Act 1997 10
Part 3—Legal Profession Uniform Law amended 11
17 Legal Profession Uniform Law 11
18 Definitions 11
19 Withdrawal of trust money 11
20 Disclosure obligations of law practice regarding clients 11
21 Decisions of Standing Committee 12
22 Provisions relating to Council 12
23 Development of Admission Rules 12
24 Service of notices on Council, Commissioner, Admissions
Committee, local regulatory authority or delegate 12
25 Terms of office of members 12
26 Diversity of membership 13
27 New clause 17 inserted into Schedule 3 13
28 Standing Committee and First operational term of Council 13
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Section Page
Part 4—Repeal of amending Act 14
29 Repeal of amending Act 14
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Endnotes 15
1 General information 15
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Authorised Version
Legal Profession Uniform Law
Application Amendment Act 2015 †
No. 8 of 2015
[Assented to 21 April 2015]
The Parliament of Victoria enacts:
Part 1—Preliminary
1 Purpose
The purpose of this Act is to make a range of
minor and technical amendments to the Legal
Profession Uniform Law Application Act 2014,
including a number of amendments to the Legal
Profession Uniform Law set out in Schedule 1 to
that Act.
Victoria
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Part 1—Preliminary
Legal Profession Uniform Law Application Amendment Act 2015
No. 8 of 2015
2 Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
3 Principal Act
In this Act, the Legal Profession Uniform Law
Application Act 2014 is called the Principal Act.
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Part 2—Legal Profession Uniform Law Application Act 2014 amended
Legal Profession Uniform Law Application Amendment Act 2015
No. 8 of 2015
Part 2—Legal Profession Uniform Law
Application Act 2014 amended
4 Definitions
In section 3(1) of the Principal Act, in the
definition of Legal Profession Uniform
Framework, for "Inter-Governmental" substitute
"Intergovernmental".
5 New section 9A inserted
After section 9 of the Principal Act insert—
'9A Meaning of law firm
(1) The Legal Profession Uniform Law
(Victoria) applies as if for the definition of
law firm in section 6(1) there were
substituted—
"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; or
(c) incorporated legal practices; or
(d) one or more incorporated legal
practices and one or more
Australian legal practitioners; or
(e) one or more incorporated legal
practices and one or more
Australian-registered foreign
lawyers; or
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Part 2—Legal Profession Uniform Law Application Act 2014 amended
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No. 8 of 2015
(f) one or more incorporated legal
practices, one or more Australian
legal practitioners and one or
more Australian-registered foreign
lawyers;".
(2) For the purposes of this Act and the Legal
Profession Uniform Law (Victoria), a
principal of a law practice that is referred to
in paragraph (c) to (f) of the definition of law
firm in subsection (1) includes an Australian
legal practitioner who is a principal of an
incorporated legal practice that forms part of
the partnership.'.
6 Designation of local authorities and tribunals
(1) For section 10(1) of the Principal Act
substitute—
"(1) The person or body specified in column 3 of
Table 1 is the designated local regulatory
authority for the purposes of a provision of
the Legal Profession Uniform Law (Victoria)
specified in the corresponding entry of
column 2 of that Table.
Note
See section 6 of the Legal Profession Uniform Law
(Victoria) for the definition of designated local
regulatory authority.
Table 1—Designated local regulatory authorities
Column 1
Item No.
Column 2
Provision of
Legal Profession
Uniform Law
(Victoria)
Column 3
Local regulatory
authority
1 Section 14 Victorian Legal Services
Board
2 Part 2.2 (except
section 23)
Victorian Legal
Admissions Board
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Part 2—Legal Profession Uniform Law Application Act 2014 amended
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No. 8 of 2015
Column 1
Item No.
Column 2
Provision of
Legal Profession
Uniform Law
(Victoria)
Column 3
Local regulatory
authority
3 Section 23 Victorian Legal Services
Board
4 Chapter 3 (except
section 50(1))
Victorian Legal Services
Board
5 Section 50(1) Victorian Bar
6 Chapter 4 Victorian Legal Services
Board
7 Chapter 5 Victorian Commissioner
8 Chapter 6 Victorian Legal Services
Board
9 Chapter 7 (except
to the extent that
it applies to
complaint
investigations)
Victorian Legal Services
Board
10 Chapter 7 to the
extent that it
applies to
complaint
investigations
Victorian Commissioner
11 Section 421(2)(f) Victorian Legal
Admissions Board
12 Section 436(1) Victorian Legal
Admissions Board
Victorian Legal Services
Board
Victorian Commissioner
13 Section 436(2) Victorian Legal
Admissions Board
14 Section 437 Victorian Legal
Admissions Board
Victorian Legal Services
Board
Victorian Commissioner
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Part 2—Legal Profession Uniform Law Application Act 2014 amended
Legal Profession Uniform Law Application Amendment Act 2015
No. 8 of 2015
Column 1
Item No.
Column 2
Provision of
Legal Profession
Uniform Law
(Victoria)
Column 3
Local regulatory
authority
15 Section 446
Section 447
Section 453
Section 466(7)
Schedule 3
(except
clause 14)
Victorian Legal Services
Board
16 Schedule 3,
clause 14
Victorian Commissioner
".
(2) For section 10(3) of the Principal Act
substitute—
"(3) The body specified in column 3 of Table 2 is
the designated tribunal for the purposes of a
provision of the Legal Profession Uniform
Law (Victoria) specified in the
corresponding entry of column 2 of that
Table.
Note
See section 6 of the Legal Profession Uniform Law
(Victoria) for the definition of designated tribunal.
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Part 2—Legal Profession Uniform Law Application Act 2014 amended
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No. 8 of 2015
Table 2—Designated tribunals
Column 1
Item No.
Column 2
Provision of
Legal
Profession
Uniform Law
(Victoria)
Column 3
Designated tribunal
1 Section 23
Section 100
Section 101
Section 119
VCAT
2 Section 120
Section 198
Supreme Court
3 Section 247
Section 248
A court that would have
jurisdiction to determine
the claim if it were a
claim for a debt owing
to the claimant
4 Division 3 of
Part 5.4
Part 5.5
Section 314
VCAT
5 Part 6.5
Section
356(4)(b)
Section 358 to
the extent that it
applies in
respect of a
supervisor or
manager
Supreme Court
6 Section 358 to
the extent that it
applies in
respect of a
receiver
Court of Appeal
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Part 2—Legal Profession Uniform Law Application Act 2014 amended
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No. 8 of 2015
Column 1
Item No.
Column 2
Provision of
Legal
Profession
Uniform Law
(Victoria)
Column 3
Designated tribunal
7 Section 453 A court that would have
jurisdiction to order
payment of the
pecuniary penalty if it
were a debt
8 Section 474(2) Any designated tribunal
referred to in this table
".
7 New section 18A inserted
After section 18 of the Principal Act insert—
"18A Part 3 of Schedule 4 applies
Part 3 of Schedule 4 to the Legal Profession
Uniform Law (Victoria) applies in
Victoria.".
8 Interpretation of Legislation Act 1984—Definitions
In section 158 of the Principal Act, in
paragraph (b) of the definition of Australian
legal practitioner being inserted into section 38 of
the Interpretation of Legislation Act 1984, for
"non-participating" substitute "non-participant".
9 General transitional provisions
In section 163(1) and (2) of the Principal Act, for
"Schedule" substitute "Part".
10 Insurance terms and conditions
In section 176 of the Principal Act, for "Service"
substitute "Services".
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Part 2—Legal Profession Uniform Law Application Act 2014 amended
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No. 8 of 2015
11 Accident Compensation Act 1985
Items 1.1 and 1.3 of Schedule 2 to the Principal
Act are repealed.
12 Co-operatives Act 1996 and Information Privacy
Act 2000
Items 20 and 50 of Schedule 2 to the Principal Act
are repealed.
13 Legal Aid Act 1978
In item 55.5 of Schedule 2 to the Principal Act, in
the words being substituted into section 32(3) of
the Legal Aid Act 1978, after "Part 4.3 of" insert
"the".
14 Mental Health Act 1986 and Police Regulation Act
1958
Items 62 and 72 of Schedule 2 to the Principal Act
are repealed.
15 Supreme Court Act 1986
(1) For item 93.2 of Schedule 2 to the Principal Act
substitute—
'93.2 In section 17D(1)—
(a) after paragraph (e) insert—
"(ea) must conduct costs assessments
under Division 7 of Part 4.3 of the
Legal Profession Uniform Law
(Victoria);";
(b) insert the following note at the foot of
paragraph (f)—
"Note
See clause 18 of Schedule 4 to the Legal
Profession Uniform Law (Victoria)."'.
(2) Item 93.3 of Schedule 2 to the Principal Act is
repealed.
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No. 8 of 2015
16 Wills Act 1997
In item 111 of Schedule 2 to the Principal Act,
for "sections 19C(1)(a) and 29(b)" substitute
"section 19C(1)(a)".
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Part 3—Legal Profession Uniform Law amended
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No. 8 of 2015
Part 3—Legal Profession Uniform Law
amended
17 Legal Profession Uniform Law
In this Part, Uniform Law means the Legal
Profession Uniform Law set out in Schedule 1 to
the Principal Act.
18 Definitions
In section 6(1) of the Uniform Law—
(a) in the definition of home jurisdiction, for
"(d) in any" substitute "(e) in any";
(b) in the definition of Inter-Governmental
Agreement, for "Inter-Governmental"
substitute "Intergovernmental";
(c) in the note at the foot of the definition of
Legal Profession Uniform Law Act, for
"Inter-Governmental" substitute
"Intergovernmental";
(d) in paragraph (a) of the definition of
participating jurisdiction, for
"Inter-Governmental" substitute
"Intergovernmental";
(e) the note at the foot of the definition of
Standing Committee is repealed.
19 Withdrawal of trust money
In section 144(2)(c)(i) of the Uniform Law, for
"practice, and" substitute "practice; and".
20 Disclosure obligations of law practice regarding
clients
(1) In section 174(4) and (5) of the Uniform Law,
after "matter" insert "(excluding GST and
disbursements)".
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Part 3—Legal Profession Uniform Law amended
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No. 8 of 2015
(2) After section 174(5) of the Uniform Law insert—
"(5A) To avoid doubt, the uniform standard
disclosure form prescribed by the Uniform
Rules for the purposes of subsection (5) may
require the disclosure of GST or
disbursements or both.".
(3) In section 174(7) and (8) of the Uniform Law, for
"the legal costs" substitute "the total legal costs
(excluding GST and disbursements)".
(4) Section 174(9) of the Uniform Law is repealed.
21 Decisions of Standing Committee
The note at the foot of section 392(3) of the
Uniform Law is repealed.
22 Provisions relating to Council
The note at the foot of section 395(4) of the
Uniform Law is repealed.
23 Development of Admission Rules
In section 426(3)(b) of the Uniform Law omit
"or to the Law Council of Australia or Australian
Bar Association or both (as the case requires)".
24 Service of notices on Council, Commissioner,
Admissions Committee, local regulatory authority
or delegate
In section 443 of the Uniform Law, after "any"
insert "of".
25 Terms of office of members
Clause 3(2) of Schedule 1 to the Uniform Law is
repealed.
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Part 3—Legal Profession Uniform Law amended
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26 Diversity of membership
In clause 4(1) of Schedule 1 to the Uniform
Law—
(a) paragraph (a) is repealed;
(b) in paragraph (b) omit "(other than the first
operational term of the Council)".
27 New clause 17 inserted into Schedule 3
After clause 16 of Schedule 3 to the Uniform Law
insert—
"17 Disclosure of information
A relevant person within the meaning of
section 439 may disclose information
obtained in the administration of this Law or
the Uniform Rules to a person or body in a
non-participating jurisdiction in relation to a
function of that person or body under a
corresponding law.".
28 Standing Committee and First operational term of
Council
Clauses 6 and 7 of Schedule 4 to the Uniform Law
are repealed.
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Part 4—Repeal of amending Act
Legal Profession Uniform Law Application Amendment Act 2015
No. 8 of 2015
Part 4—Repeal of amending Act
29 Repeal of amending Act
This Act is repealed on the first anniversary of its
commencement.
Note
The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
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Endnotes
Legal Profession Uniform Law Application Amendment Act 2015
No. 8 of 2015
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
† Minister's second reading speech—
Legislative Assembly: 25 February 2015
Legislative Council: 19 March 2015
The long title for the Bill for this Act was "A Bill for an Act to amend the
Legal Profession Uniform Law Application Act 2014 and for other
purposes."
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