Legal Practice (Validations) Act 2003

i Legal Practice (Validations) Act 2003 Act No. 42/2003 TABLE OF PROVISIONS Section Page 1. Purpose 1 2. Commencement 1 3. Transitional delegation powers 2 17A. Delegation of transitional powers and functions 2 4. Validation of delegations and other actions 2 17B. Validation of delegations of transitional powers and functions by the Bar 2 17C. Bar officers etc. acting without valid delegations 3 17D. Society officers etc. acting without valid delegations 3 17E. Validation of delegations by Bar resolution 4 17F. Validation of delegations by Society resolution 5 ═══════════════ ENDNOTES 7 -- 1 of 8 -- 1 Legal Practice (Validations) Act 2003 † [Assented to 11 June 2003] The Parliament of Victoria enacts as follows: 1. Purpose The purpose of this Act is to amend the Legal Practice Act 1996 to validate certain delegations and other actions purportedly made or taken under that Act. 2. Commencement (1) This Act, except section 3, comes into operation on the day on which it receives the Royal Assent. (2) Section 3 is deemed to have come into operation on 1 January 1997. Victoria No. 42 of 2003 -- 2 of 8 -- Act No. 42/2003 Legal Practice (Validations) Act 2003 2 3. Transitional delegation powers After clause 17 in Schedule 2 to the Legal Practice Act 1996 insert— "17A. Delegation of transitional powers and functions (1) The Bar may delegate in writing to an officer, an employee or the members of a committee of the Bar any of its powers or functions under Part IIA of the old Act, as that Part applies in accordance with clause 21(1). (2) The Society may delegate in writing to an officer, an employee or the members of a committee of the Society any of its powers or functions under— (a) Division 2, 4 or 5 of Part IIIA of the old Act, as those Divisions apply in accordance with clause 20(1); (b) Division 3, 4 or 5 of Part IIIA of the old Act, as those Divisions apply in accordance with clause 21(3).". 4. Validation of delegations and other actions After clause 17A in Schedule 2 to the Legal Practice Act 1996 insert— "17B. Validation of delegations of transitional powers and functions by the Bar The resolution of the Victorian Bar Council on 20 December 1996 purporting to delegate powers under clause 21 to members of the Ethics Committee of the Bar is deemed to have been, during the period commencing on and including 1 January 1997 and ending on 6 February 2003, a delegation in writing made on 1 January 1997 by the Bar under clause 17A(1) delegating to members of the Ethics Committee of the Bar all the powers and functions of the Bar under Part IIA of the old Act, as that Part applies in accordance with clause 21(1). s. 3 See Act No. 35/1996. Reprint No. 3 as at 6 June 2002 and amending Act No. 23/2002. LawToday: www.dms. dpc.vic. gov.au -- 3 of 8 -- Act No. 42/2003 Legal Practice (Validations) Act 2003 3 17C. Bar officers etc. acting without valid delegations The purported exercise of a power or performance of a function of the Bar under section 29 (Issue or refusal of practising certificates or variation of conditions) on behalf of the Bar by an officer or employee of the Bar on or after 1 January 1997 and before the day on which the Legal Practice (Validations) Act 2003 received the Royal Assent is not, and never was, invalid only because the Bar did not delegate the power or function to the officer or employee under this Act. 17D. Society officers etc. acting without valid delegations (1) Sub-clause (2) applies to the purported exercise of a power or performance of a function of the Society under— (a) Division 2, 4 or 5 of Part IIIA of the old Act, as those Divisions apply in accordance with clause 20(1); or (b) Division 3, 4 or 5 of Part IIIA of the old Act, as those Divisions apply in accordance with clause 21(3); or (c) section 29 (Issue or refusal of practising certificates or variation of conditions); or (d) section 138 (Who may complain?); or (e) section 144 (RPA or Board may refer complaints to Legal Ombudsman); or (f) section 316 (Injunction restraining unqualified practice); or (g) section 321 (Orders prohibiting employment or engagement of certain persons)— on behalf of the Society by an officer, employee or the members of a committee of the Society on or after 1 January 1997 and before the day on which the Legal Practice (Validations) Act 2003 received the Royal Assent. (2) The purported exercise of a power or performance of a function referred to in sub-clause (1) is not, and never was, invalid only because— s. 4 -- 4 of 8 -- Act No. 42/2003 Legal Practice (Validations) Act 2003 4 (a) the Society did not delegate the power or function to the officer, employee or members of the committee under this Act; or (b) the Society did not have power to delegate the power or function to the officer, employee or members of the committee under this Act. (3) The purported exercise or performance, on or after 1 January 1997 and before 21 January 1999, of a power or function of an inspector under Division 5 of Part 6 by a person purporting to be an inspector appointed by the Society under section 192 is not, and never was, invalid only because— (a) the Society did not have power to delegate the power to appoint the person as an inspector to the person who purported to appoint them as such; or (b) the appointment of the person as an inspector was not in writing. (4) The purported exercise or performance, on or after 21 January 1999 and before 20 January 2003, of a power or function of an inspector under Division 5 of Part 6 by a person purporting to be an inspector appointed by the Society under section 192 is not, and never was, invalid only because the appointment of the person as an inspector was not in writing. 17E. Validation of delegations by Bar resolution (1) Except as provided by sub-clause (2), any resolution of the Victorian Bar Council before 1 January 1997 purporting or resolving to delegate under section 313 powers or functions to an officer, employee or the members of a committee of the Victorian Bar Council or Bar is deemed to be, and since 1 January 1997 always to have been, a delegation in writing made on 1 January 1997 by the Bar under section 313(1). (2) Sub-clause (1) does not apply to the resolution by the Victorian Bar Council on 20 December 1996 to the extent that it purported to delegate powers under clause 21 to members of the Ethics Committee of the Bar. s. 4 -- 5 of 8 -- Act No. 42/2003 Legal Practice (Validations) Act 2003 5 (3) Any resolution of the Council of the Bar on or after 1 January 1997 and before 7 February 2003 purporting or resolving to delegate under section 313 powers or functions to an officer, employee or the members of a committee of the Bar is deemed to be, and always to have been, a delegation in writing to the officer, employee or members of the committee by the Bar under section 313(1) made on the date of the resolution. (4) The Bar is deemed to have given written notice to the Board of any delegation made under section 313(1) before the day on which the Legal Practice (Validations) Act 2003 received the Royal Assent, including any delegation deemed by this clause to have been made under section 313(1), and of any revocation or variation of any delegation before that day, as soon as practicable after making the delegation, revocation or variation. 17F. Validation of delegations by Society resolution (1) Any resolution of the Executive of the Institute before 1 January 1997 purporting or resolving to delegate under section 313 powers to an officer, employee or the members of a committee of the Institute or Society is deemed to be, and since 1 January 1997 always to have been, a delegation in writing made on 1 January 1997 by the Society under section 313(1). (2) Except as provided in sub-clause (3), any resolution of the Council of the Society on or after 1 January 1997 and before 3 June 2002 purporting or resolving to delegate under section 313 powers or functions to an officer, employee or the members of a committee of the Society is deemed to be a delegation in writing to the officer, employee or members of the committee by the Society under section 313(1) made on the date of the resolution. (3) Nothing in sub-clause (2) affects the rights of the parties in the proceedings in the Supreme Court known as "B" a solicitor and "G" a solicitor v Victorian Lawyers RPA Limited and Legal Profession Tribunal (No. 8739 of 2001 and No. 8763 of 2001). s. 4 -- 6 of 8 -- Act No. 42/2003 Legal Practice (Validations) Act 2003 6 (4) The Society is deemed to have given written notice to the Board of any delegation made under section 313(1) before the day on which the Legal Practice (Validations) Act 2003 received the Royal Assent, including any delegation deemed by this clause to have been made under section 313(1), and of any revocation or variation of any delegation before that day, as soon as practicable after making the delegation, revocation or variation.". ═══════════════ s. 4 -- 7 of 8 -- Act No. 42/2003 Legal Practice (Validations) Act 2003 7 ENDNOTES † Minister's second reading speech— Legislative Council: 27 February 2003 Legislative Assembly: 29 April 2003 The long title for the Bill for this Act was "to amend the Legal Practice Act 1996 to validate certain delegations and other actions purportedly made or taken under that Act and for other purposes." 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