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National Legal Profession – Model Laws Project

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					Information - National Legal Profession – Model Laws Project – Model
Provisions

Commonwealth, State and Territory Attorneys-General have endorsed model
provisions as a basis for consistent laws to facilitate a truly national legal profession.

Both the legal profession and consumers have struggled with inconsistent regulation
of lawyers across jurisdictions for many years.

The model provisions will bring benefits to both legal practitioners and consumers
and lift current barriers to the practice of law across State and Territory borders by:
    Providing a uniform standard for law degrees and practical legal training and
         the recognition of those qualifications across jurisdictions;
    Allowing legal practitioners to practise interstate with one practising
         certificate;
    Providing for uniform rules dealing with trust accounts and fidelity funds;
    Providing for uniform definitions of misconduct and preventing practitioners
         struck off or penalised in one jurisdiction from simply moving to practice law
         in another jurisdiction;
    Agreeing on a nationally consistent set of provisions facilitating the
         establishment of incorporated legal practices and multi-disciplinary practices;
    Standardising the requirements for disclosing information on legal costs to
         clients, and thereby ensuring both clients and practitioners will have the same
         understanding of their rights and obligations regardless of where they live;
    Creating a nationally uniform system governing the entitlements of foreign
         lawyers to practise the law of their home country in Australia.

The model provisions are being considered by the Parliamentary Counsels’
Committee of the Standing Committee of Attorneys-General and this may result in
minor amendments on matters of detail or drafting.

Model regulations are currently being developed and a joint working party of the legal
profession and State, Territory and Commonwealth officers will provide regular
advice to the Standing Committee of Attorneys-General on the implementation,
operation and maintenance of, and amendments to the model provisions.

Each State and Territory will now consider legislative amendments to implement the
model provisions.