Explanatory Memorandum by mikeholy

VIEWS: 16 PAGES: 147

									                      Legal Profession Bill

                        Introduction Print

               EXPLANATORY MEMORANDUM


                                 General
In broad terms, this Bill seeks to implement a new regulatory framework for
the legal profession in Victoria while simultaneously implementing national
model provisions.
There are a number of weaknesses within the current regulatory framework
and impetus for change has arisen from these weaknesses. There is
considerable duplication of functions between the various bodies involved
in the regulation of the legal profession. This duplication has added
unnecessary costs to the administration of the regulatory framework.
The current system has also proven confusing for consumers due to the
number of entry points for complaints.
This Bill will abolish the Legal Practice Board, the office of the Legal
Ombudsman and the Legal Profession Tribunal and replace them with a new
regulatory framework that avoids duplication of functions and streamlines the
complaints process. The Bill establishes the Legal Services Board ("the
Board") as the peak body in the new regulatory system. The Bill also
establishes the Legal Services Commissioner ("the Commissioner").
The main function of the Commissioner is to receive and deal with
complaints about the legal profession. The Bill transfers the key functions
of the current Legal Profession Tribunal to the Victorian Civil and
Administrative Tribunal ("VCAT").
The national reforms contained in this Bill come out of the National Legal
Profession Project sponsored by the Standing Committee of Attorneys-
General. This major initiative has been driven by the continuing evolution
of a national and international legal services market and will establish a
regulatory framework that removes State and Territory barriers while meeting
the needs of the profession and protecting the interests of consumers.
The national model provisions are aimed at ensuring standards and
procedures are broadly uniform across all Australian jurisdictions in order
to facilitate national practice.




551134                               1     BILL LA INTRODUCTION 11/11/2004
                             Clause Notes

                CHAPTER 1—INTRODUCTION

                   PART 1.1—PRELIMINARY
Clause 1.1.1   sets out the purposes of the Act.

Clause 1.1.2   provides for the commencement of the Act. With the
               exception of clauses 3.5.2(7) and (9) and 8.1.1(1), this Act
               will come into operation on a day or days to be proclaimed.
               The Act (other than clauses 3.5.2(7) and (9) and 8.1.1(1)
               will come onto operation on 1 January 2006 if it is not
               proclaimed before that date.
               Clauses 3.5.2(7) and (9) and 8.1.1(1) will come into
               operation on the day after the day the Act receives Royal
               Assent. These provisions relate to professional indemnity
               insurance for barristers. These provisions must be
               proclaimed earlier than the rest of the Act to provide the
               Victorian Bar Council with sufficient time to make
               arrangements for professional indemnity insurance for
               barristers before the start of the 2005–06 financial year.

                PART 1.2—INTERPRETATION
Clause 1.2.1   sets out the definitions of terms used in the Act.

Clause 1.2.2   sets out terms relating to lawyers. For the purposes of this
               Act, a lawyer is a person who is admitted to practice.
               This clause provides definitions of the terms "Australian
               lawyer", "local lawyer" and "interstate lawyer" that further
               refine the term "lawyer".

Clause 1.2.3   sets out terms relating to legal practitioners. For the
               purposes of this Act, a legal practitioner is a lawyer with a
               current practising certificate. This clause provides
               definitions of "Australian legal practitioner", "local legal
               practitioner" and "interstate legal practitioner" that further
               refine the term "legal practitioner".

Clause 1.2.4   defines the terms "associate", "legal practitioner associate",
               "lay associate" and "principal".




                                    2
Clause 1.2.5   defines the term "home jurisdiction" in the context of an
               Australian legal practitioner, Australian-registered foreign
               lawyer and an associate of a law practice who is neither an
               Australian legal practitioner nor an Australian-registered
               foreign lawyer.

Clause 1.2.6   lists what may be considered as a suitability matter in
               relation to a natural person. The Board may take in account
               any of the listed matters in this provision when considering
               whether or not a person is, or is no longer, a fit and proper
               person to hold a practising certificate.

Clause 1.2.7   provides that an information notice is a written notice to a
               person about a decision made under this Act. This clause
               sets out what information must be included in an
               information notice.

Clause 1.2.8   deals with references to findings of guilt.

Clause 1.2.9   sets out how the term "Part" is to be construed when used in
               the Act.

CHAPTER 2—GENERAL REQUIREMENTS FOR ENGAGING
             IN LEGAL PRACTICE

         PART 2.1—INTRODUCTION AND OVERVIEW
Clause 2.1.1   provides a simplified outline of the contents of this Chapter.

PART 2.2—RESERVATION OF LEGAL WORK AND LEGAL
                   TITLES

                      Division 1—Preliminary
Clause 2.2.1   provides for the purpose of the Part.

     Division 2—General Prohibitions on Unqualified Practice
Clause 2.2.2   prohibits persons from engaging in legal practice in
               Victoria unless they are Australian legal practitioners.
               There are specified exceptions. There is a maximum
               penalty of 2 years' imprisonment.

Clause 2.2.3   imposes restrictions on representing or advertising that
               persons are entitled to engage in legal practice unless they
               are Australian legal practitioners. There is a maximum
               penalty of 120 penalty units for a contravention of this
               section by a natural person or a body corporate.

                                    3
Clause 2.2.4    specifies that the regulations may provide for presumptions
                about using particular titles or names giving rise to the
                presumption that a person represented that the person or a
                body corporate is entitled to engage in legal practice.

           Division 3—Prohibitions regarding Associates
Clause 2.2.5    provides for the definitions of "disqualified person", "lay
                associate" and "relevant offence".

Clause 2.2.6    provides that the Board may apply to VCAT for an order
                than a person (other than an Australian legal practitioner) is
                a disqualified person (as defined) for a specified period or
                indefinitely.

Clause 2.2.7    provides for a prohibition on certain associates being
                employed by law practices or Australian legal practitioners.
                It also provides that a disqualified person, or a person
                found guilty of a relevant offence, must not become a lay
                associate of a legal practitioner or law practice unless he or
                she informs the practitioner or practice of the
                disqualification or finding of guilt. There is a maximum
                penalty of 60 penalty units for contravention of this section.

Clause 2.2.8    provides that the Board may give approval for particular
                associates to be employed by law practices or Australian
                legal practitioners.

         Division 4—Further Prohibitions and Restrictions
Clause 2.2.9    provides for prohibitions in relation to income sharing
                between Australian legal practitioners or law practices and
                people who are not Australian legal practitioners, apart
                from the circumstances permitted in this section. There is a
                maximum penalty of 240 penalty units.

Clause 2.2.10   provides that an Australian legal practitioner or law practice
                must not permit or assist a person who is not an Australian
                legal practitioner to engage in legal practice in Victoria.

Clause 2.2.11   provides that prisoners who are Australian lawyers must not
                commence, or continue to act in, any civil or criminal
                proceeding.




                                     4
                         Division 5—General
Clause 2.2.12   provides that a contravention of this Part by an Australian
                lawyer who is not an Australian legal practitioner is capable
                of constituting unsatisfactory conduct or professional
                misconduct.

        PART 2.3—ADMISSION OF LOCAL LAWYERS

                       Division 1—Preliminary
Clause 2.3.1    specifies the main purposes of the Part.

        Division 2—Eligibility and Suitability for Admission
Clause 2.3.2    specifies the eligibility requirements for admission.
                An applicant must be aged 18 years or over, have
                completed approved academic qualifications (or
                corresponding academic qualifications), as well as
                approved practical legal training requirements, (or
                corresponding practical legal training requirements).
                These concepts are defined in this clause.

Clause 2.3.3    provides that the Board of Examiners, in deciding whether
                or not to recommend to the Supreme Court that a person is
                a fit and proper person to be admitted to the legal
                profession, must consider each of the suitability matters
                under the Act, and any other matters it considers relevant.

           Division 3—Admission to the Legal Profession
Clause 2.3.4    provides that an applicant for admission may apply to the
                Supreme Court to be admitted as a lawyer, provided the
                application is made according to the admission rules, and is
                accompanied by the admission fee.

Clause 2.3.5    provides that the admission fee consists of a general fee,
                which is to meet the expenses of the Council of Legal
                Education and the Board of Examiners, and a library fee,
                which is for the purposes of the Supreme Court Library
                Fund.

Clause 2.3.6    provides that the Supreme Court may admit a person as a
                lawyer if satisfied that the person: is eligible for admission;
                is a fit and proper person; and takes an oath of office in the
                required form. It also provides that the Supreme Court can
                rely on the recommendation of the Board of Examiners for
                this purpose.

                                     5
Clause 2.3.7    provides that the Supreme Court must keep a roll of persons
                admitted to the legal profession, and it must be signed on
                admission. It also provides that the Prothonotary must
                forward to the Board the name, date of birth, and date of
                admission of each new person admitted as soon as
                practicable after the person has signed the roll.

Clause 2.3.8    provides that a person's admission to the legal profession is
                effective upon the person signing the roll.

Clause 2.3.9    provides that, on being admitted to the legal profession, a
                person becomes an officer of the Supreme Court, but that
                this does not confer any right to bring court proceedings
                that he or she would not be able to bring if he or she were
                not an officer.

                  Division 4—Board of Examiners
Clause 2.3.10   provides that the two main functions of the Board of
                Examiners are: to consider applications for admission to
                the legal profession; and to recommend to the Supreme
                Court that an applicant meets the admission requirements.
                The Board of Examiners may refer a question concerning
                the admission of an individual applicant to the Supreme
                Court for determination.

Clause 2.3.11   allows applicants for admission to appeal to the Supreme
                Court against a decision of the Board of Examiners
                regarding their application.

                    Division 5—Admission Rules
Clause 2.3.12   provides that the Council of Legal Education may make
                rules regarding the academic qualifications and legal
                training required for admission to the legal profession.
                It also provides that the admission rules must not require
                a person to complete before admission a period of
                supervised training longer than one year. It also provides
                that rules made under this section are statutory rules for the
                purposes of the Subordinate Legislation Act 1994.




                                     6
  PART 2.4—LEGAL PRACTICE BY AUSTRALIAN LEGAL
                 PRACTITIONERS

                      Division 1—Preliminary
Clause 2.4.1   provides that the purposes of the Part are: to facilitate
               national practice; to provide for the certification of
               Australian lawyers; and to allow for a system for the issue
               of local practising certificates.

   Division 2—Legal Practice in this Jurisdiction by Australian
                      Legal Practitioners
Clause 2.4.2   entitles an Australian legal practitioner, subject to this Act,
               to engage in legal practice in Victoria.

        Division 3—Local Practising Certificates Generally
Clause 2.4.3   provides for practising certificates to be granted by the
               Board, in a form approved by the Board. A practising
               certificate is subject to specific conditions, as determined
               by the Board, including—
                         a condition that the holder is or is not authorised
                          to receive trust money; and
                         a condition that the holder is authorised to
                          engage in legal practice as—
                                a principal of a law practice (that is, a sole
                                 practitioner, a legal practitioner director
                                 of an incorporated legal practice, a legal
                                 practitioner partner of a multi-disciplinary
                                 partnership, or a supervising legal
                                 practitioner of a community legal centre);
                                 or
                                an employee of a law practice; or
                                a volunteer of a community legal centre;
                                 or
                                as a corporate legal practitioner.




                                    7
                         any conditions imposed under Division 5 of this
                          Part, being conditions imposed by the Board,
                          conditions imposed by the Act, conditions
                          imposed or varied by VCAT, or conditions
                          imposed by the Supreme Court.
               This clause also provides that the first two conditions
               referred to above must appear on the face of the certificate.

Clause 2.4.4   provides that the Board, when considering whether or not a
               person is, or is no longer, a fit and proper person to hold a
               practising certificate, may consider any suitability matter
               relating to the person (as defined in clause 1.2.6), or any of
               the following matters (whether or not it happened before or
               after the commencement of this clause)—
                         whether the person—
                                obtained a practising certificate because
                                 of incorrect or misleading information;
                                contravened this Act or a corresponding
                                 law;
                                contravened an order of VCAT, including
                                 an order that a party to a proceeding pay a
                                 fine ordered by the Tribunal, or else the
                                 costs of the proceeding;
                                contravened an order of a corresponding
                                 disciplinary body, or of another
                                 jurisdiction's court or tribunal exercising
                                 jurisdiction or powers by way of appeal or
                                 review;
                                has failed to pay a required contribution
                                 or levy to the Fidelity Fund;
                                contravened a requirement regarding
                                 professional indemnity insurance;
                                has failed to pay any costs or expenses
                                 due under the Act or Regulations; or
                                any other matter that is appropriate in the
                                 Board's opinion.




                                    8
               This section also provides that where a matter has been
               disclosed in an application for admission in Victoria or
               another jurisdiction, and the Board of Examiners has not
               determined it is a sufficient reason to refuse admission, the
               matter cannot be taken into account as a ground for refusing
               to grant or cancelling a local practising certificate, unless it
               forms part of a course of conduct on the part of the holder.
Clause 2.4.5   provides that practising certificates are valid for the
               financial year of issue, unless suspended or cancelled.
               Where an application for the renewal of a practising
               certificate has not been determined before 1 July in the year
               it was made, it continues on, unless suspended or cancelled
               sooner, until the Board has finally determined the
               application.
Clause 2.4.6   provides that an individual who is not already an officer of
               the Supreme Court, becomes an officer of the court on
               being granted a local practising certificate.

  Division 4—Grant or Renewal of Local Practising Certificates
Clause 2.4.7   provides that the Board must not grant or renew a local
               practising certificate unless satisfied that the applicant was
               eligible to apply at the time of application, and is a fit and
               proper person to hold or continue to hold the certificate.
Clause 2.4.8   provides for applications for the grant or renewal of a local
               practising certificate. An Australian lawyer may apply to
               the Board for the grant or renewal of a local practising
               certificate if eligible to do so. An Australian lawyer will be
               eligible to do so where the lawyer complies with any
               regulation regarding eligibility, and—
                         where the lawyer is not an Australian legal
                          practitioner—
                                the lawyer's place of residence in
                                 Australia is in Victoria; or
                                the lawyer reasonably expects to be
                                 engaged in legal practice principally in
                                 Victoria during the period of currency of
                                 the certificate applied for; or
                                the lawyer does not have a place of
                                 residence in Australia;




                                    9
          where the lawyer is an Australian legal
           practitioner—
                 the lawyer principally engages in legal
                  practice in Victoria (this is determined by
                  looking at the nature of the lawyer's legal
                  practice at the time the application is
                  made, or when it should have been made);
                  or
                 the lawyer holds a current local practising
                  certificate and engages in legal practice in
                  another jurisdiction under a temporary
                  arrangement; or
                 the lawyer intends to engage in legal
                  practice principally in Victoria for the
                  period for which the certificate applied for
                  is current; or
                 the lawyer's place of residence is Victoria;
                  or
                 the lawyer does not have a place of
                  residence in Australia.
An Australian lawyer is not permitted to apply for the grant
or renewal of a practising certificate if ineligible to do so.
An Australian legal practitioner who engages in legal
practice principally in Victoria, and who intends to continue
to do so in the following financial year, must apply for a
local practising certificate for that year. This requirement
does not apply, however, to an interstate legal practitioner
who applied for the grant or renewal of an interstate
practising certificate because he or she intended to engage
in legal practice principally in Victoria under a temporary
arrangement (the period of which would be specified by the
regulations), or because he or she intended to engage in
legal practice principally in another jurisdiction during the
period for which the interstate practising certificate applied
for was current. It also does not apply to a local legal
practitioner who applied for an interstate practising
certificate because he or she reasonably expected to
principally engage in legal practice in the other jurisdiction
during the period the certificate would be current.




                    10
               A contravention of this section by an Australian lawyer is
               capable of constituting unsatisfactory professional conduct
               or professional misconduct.

Clause 2.4.9   sets out the formal application requirements for the grant or
               renewal of a local practising certificate. An application
               must be in a form approved by the Board, and it must come
               with: the fee prescribed by the regulations; the required
               contribution to the Fidelity Fund (under clause 6.7.26); a
               statutory declaration in the form approved by the Board;
               and satisfactory evidence (also in a form approved by the
               Board) that the applicant is, or will be, covered by
               professional indemnity insurance as required by the Act.
               If the relevant certificate authorised the receipt of trust
               money, then the application must also be accompanied by
               satisfactory evidence that the applicant has completed a
               relevant course of study (if any) approved by the Board.
               This clause also provides that where a person (who was a
               local legal practitioner immediately before the end of the
               financial year) applies for a practising certificate within the
               first 3 months of the financial year, he or she must pay a
               200% surcharge of the prescribed practising certificate fee.
               However, the surcharge may not apply where the applicant
               has not engaged in legal practice in those first 3 months,
               and at the end of the previous financial year he or she did
               not intend to engage in legal practice for at least the first
               3 months of the financial year, but those circumstances
               have changed. If this is the case, the applicant must provide
               a statutory declaration setting out the circumstances
               described above.
               The clause provides that an applicant for renewal must give
               the Board by 31 May satisfactory evidence (in a form
               approved by the Board) that the applicant is covered by
               professional indemnity insurance for the year in which the
               renewal is sought.
               It also provides that the renewal cannot take effect if this
               evidence has not been provided, annual reporting
               requirements to do with trust account examinations have
               not been complied with, or else the applicant has not
               restored a trust account deficiency, all of which were
               required to be rectified by the Board. If this is the case,
               then the lawyer must surrender his or her practising
               certificate to the Board, with a maximum penalty of
               20 penalty units for contravention.



                                   11
Clause 2.4.10   provides that an application for the renewal of a practising
                certificate, must be made on or before 30 April, or, where
                the person is not an Australian legal practitioner on that
                day, on or before 30 June.

Clause 2.4.11   provides that there is a surcharge for applications for
                renewals of practising certificates which are made after
                30 April (except where the person was not a local legal
                practitioner on that date). The Board may refund all or part
                of the surcharge in special circumstances.

Clause 2.4.12   limits the time within which the Board may grant or renew,
                or refuse to grant or renew, a practising certificate after
                receiving an application to 30 days for an application to
                grant, and 60 days for an application to renew. This is to
                encourage the Board to make decisions about a person's
                right to practise in a timely fashion. The applicant must be
                given an information notice about the decision, and there is
                a right of review under clause 2.4.37 in respect of the
                decision.

      Division 5—Additional Conditions on Local Practising
                         Certificates
Clause 2.4.13   provides that a local practising certificate is subject to the
                following conditions—
                          a condition that the holder is or is not authorised
                           to receive trust money;
                          a condition that the holder is authorised to
                           engage in legal practice as a principal or
                           employee of a law practice, a volunteer of a
                           community legal centre, or as a corporate legal
                           practitioner;
                          a condition that is imposed by the Board under
                           clause 2.4.14;
                          any conditions imposed by this or another Act;
                          any conditions imposed or varied by VCAT
                           under clause 2.4.16 (Imposition or variation of
                           conditions pending criminal proceedings);




                                     12
                          any conditions imposed as a result of disciplinary
                           proceedings.
                Where the Board requests the return of a certificate for the
                purpose of amending it, or issuing a new certificate, a
                practitioner must return his or her certificate to the Board
                within 14 days of the request, with a maximum penalty of
                20 penalty units for a contravention.

Clause 2.4.14   provides that the Board may impose conditions on a local
                practising certificate, not limited to the following—
                          requiring the holder to undertake further training;
                          controlling the way a trust account is operated;
                          restricting the holder's employment or
                           supervision;
                          another matter agreed to by the holder.
                The conditions take effect when the holder of the practising
                certificate has been notified, or at a later time specified by
                the Board.

Clause 2.4.15   provides that the Board may vary or revoke any of the
                conditions it imposes under clause 2.4.14, or vary any of
                the conditions it makes under clause 2.4.3(3). The variation
                or revocation takes effect when the holder has been notified
                of it, or at a later time specified by the Board.

Clause 2.4.16   provides that where a local legal practitioner has been
                charged with an offence but the charge has not been
                determined, the Board may apply to VCAT for an order
                varying the conditions of the practitioner's practising
                certificate, or imposing further conditions on the local
                practising certificate. An order can only be made where
                VCAT considers it appropriate, having regard to the
                seriousness of the offence and the public interest. An
                offence is defined as an offence against Division 2 of Part 1
                of the Crimes Act 1958, or an offence equivalent to this
                Division. The order may be varied or revoked by VCAT on
                application by any party.

Clause 2.4.17   provides that it is a statutory condition of a local practising
                certificate that the holder must not contravene any
                condition which was imposed on the holder's admission
                under a corresponding law that is still valid.



                                     13
Clause 2.4.18   provides that it is a statutory condition of a local practising
                certificate that a legal practitioner (who is not a barrister)
                must engage in supervised legal practice only, until the
                practitioner has completed a period or periods equivalent
                to—
                          18 months supervised legal practice, if the
                           practitioner completed practical legal training
                           under the supervision of an Australian legal
                           practitioner (whether or not involving articles of
                           clerkship); or
                          2 years supervised legal practice, if the holder
                           completed practical legal training in another
                           way.
                Supervised legal practice is defined in clause 1.2.1.

  Division 6—Amendment, Suspension or Cancellation of Local
                  Practising Certificates
Clause 2.4.19   provides that this Division does not apply in relation to
                show cause events (Division 7).

Clause 2.4.20   provides that, where the holder of a local practising
                certificate is no longer a fit and proper person, is not
                covered by the required professional indemnity insurance,
                or is engaging in legal practice in a way not authorised by
                the certificate, the Board may amend, suspend or cancel the
                certificate.

Clause 2.4.21   specifies the process to be adopted if the Board believes a
                ground exists to amend, suspend or cancel a person's local
                practising certificate. The Board must give the holder of a
                local practising certificate a show cause notice about the
                action it is proposing to take. The holder is then invited to
                make representations as to why the proposed action should
                not be taken. After reviewing the representations, the
                Board may then amend, suspend or cancel the practising
                certificate, either in the way it initially proposed, or else in
                a more appropriate manner. If the Board decides to amend,
                suspend or cancel a local practising certificate, it must give
                the holder an information notice about its decision.




                                     14
Clause 2.4.22   sets out the process under which the Board may
                immediately suspend a local practising certificate where it
                considers it necessary in the public interest, because the
                holder—
                          is no longer a fit and proper person; or
                          is not or no longer covered by the required
                           professional indemnity insurance; or
                          is engaging in legal practice in a manner not
                           authorised by his or her certificate.
                The Board may suspend the holder's practising certificate
                by written notice until it informs the holder of its decision
                by a notice under clause 2.4.21, or else the end of a period
                of 56 days after the notice is given to the holder.

Clause 2.4.23   provides for the effect of suspension of a person's local
                practising certificate, and the fact that the Board may lift a
                suspension at any time.

Clause 2.4.24   provides for other circumstances where the Board may
                amend or cancel a local practising certificate. The Board
                must give the holder either written notice of the amendment
                or cancellation, or else an information notice where it
                decides to refuse a request from the holder of a practising
                certificate to amend or cancel a certificate. There is a right
                of review under clause 2.4.37 in relation to the Board's
                decision.

Clause 2.4.25   provides that nothing in this Division prevents the Board
                from making a complaint under the disciplinary provisions
                of the Act.

    Division 7—Special Powers in relation to Local Practising
               Certificates—Show Cause Events
Clause 2.4.26   sets out the procedure for an application for a local
                practising certificate, if a show cause event (relating to
                insolvency, a taxation or serious offence) has occurred
                after the person was first admitted to the legal profession.
                The applicant must give the Board a written statement
                explaining why, despite the show cause event, the applicant
                considers him or herself to be a fit and proper person to
                hold a practising certificate.




                                     15
Clause 2.4.27   sets out the action to be taken by a local legal practitioner if
                a show cause event happens to that practitioner. The holder
                must give the Board notice within 7 days that the show
                cause event happened, and a written statement within
                28 days explaining why the person still considers
                themselves fit and proper, despite the show cause event.

Clause 2.4.28   provides for the powers of refusal, suspension or
                cancellation of a local practising certificate by the Board in
                the event of failure to show cause. The Board must give the
                applicant or holder an information notice about the decision
                to refuse to grant or renew, or to amend, suspend, or cancel
                the certificate.

Clause 2.4.29   provides that where the Board has decided to refuse to grant
                or renew a local practising certificate under clause 2.4.12
                (the applicant or holder is found ineligible to apply for a
                grant or renewal, or is no longer a fit and proper person) or
                2.4.28 (failure to show cause), the Board can then decide
                that a person is not to apply for a practising certificate for a
                specified period (which is not longer than up to the end of
                the current practising certificate year).

    Division 8—Further Provisions relating to Local Practising
                         Certificates
Clause 2.4.30   provides for the voluntary surrender of a local practising
                certificate by a holder, after which the Board may cancel
                the certificate.

Clause 2.4.31   provides that the Board may give a local legal practitioner
                notice requiring, within 14 days, the return of his or her
                practising certificate if it has been amended, suspended,
                cancelled or replaced by another certificate. There is a
                maximum penalty of 10 penalty units for non-compliance
                by the practitioner. The Board must return the certificate as
                soon as practicable once the certificate has been amended,
                or if the certificate was suspended, the end of the
                suspension period.




                                     16
                Division 9—Interstate Legal Practitioners
Clause 2.4.32     provides that an interstate legal practitioner is not entitled to
                  engage in legal practice in Victoria to a greater extent than
                  a local legal practitioner is authorised under a local
                  practising certificate, or that the interstate legal practitioner
                  is authorised in their home jurisdiction. It also provides
                  that an interstate legal practitioner is subject to—
                            conditions imposed by the Board;
                            conditions imposed by the legal profession rules;
                            conditions imposed on the practitioner's right to
                             practise in their home jurisdiction.
                  It also provides that an interstate legal practitioner must not
                  engage in legal practice in a way which is not authorised by
                  the Act, or in contravention of any condition referred to in
                  this clause.

Clause 2.4.33     provides for the Board to impose, by written notice,
                  conditions on interstate legal practitioners engaging in legal
                  practice in Victoria, provided the Board may impose these
                  conditions on local legal practitioners. An interstate legal
                  practitioner's right to practise is also subject to any
                  condition imposed by or under a relevant legal profession
                  rule. The Board must give the interstate legal practitioner a
                  notice about its decision to impose a condition.

Clause 2.4.34     provides for the notification requirements that interstate
                  legal practitioners must give to the Board upon establishing
                  an office in Victoria. The notice must include—
                            the practitioner's name, date of birth and date of
                             admission; and
                            the name of any law practice of which they are
                             principal or employee, or any other person or
                             body of which the practitioner is an employee;
                             and
                            if the practitioner is a sole practitioner, any
                             relevant business names; and
                            any condition, limitation or restriction to which
                             the practitioner is subject; and
                            an address for service in Victoria; and



                                       17
                          a statement as to whether the practitioner intends
                           to establish an office in Victoria; and
                          a statement whether the practitioner is entitled to
                           receive trust money; and
                          any information prescribed by the Regulations.
                A notice under this section must come with satisfactory
                evidence that the practitioner has professional indemnity
                insurance as required by the Act, and the required
                contribution to the Fidelity Fund under section 6.7.27
                (if any).
                Where an interstate legal practitioner had indicated that he
                or she does not intend to establish an office in Victoria, and
                then subsequently establishes an office, he or she must give
                the relevant notice to the Board within 14 days, together
                with any required contribution to the Fidelity Fund under
                clause 6.7.27. There is a maximum penalty of 10 penalty
                units for a contravention.
                An interstate legal practitioner establishes an office in
                Victoria when the practitioner first offers or provides legal
                services to the public from an office maintained by the
                practitioner, or principal of a law practice (where the
                practitioner is an associate).

Clause 2.4.35   provides that it is a statutory condition of an interstate
                practising certificate that an interstate legal practitioner
                (who is not a barrister) must engage in supervised legal
                practice only, until the practitioner has completed a period
                or periods equivalent to—
                          18 months supervised legal practice, if the
                           practitioner completed practical legal training
                           under the supervision of an Australian legal
                           practitioner (whether or not involving articles of
                           clerkship); or
                          2 years supervised legal practice, if the holder
                           completed practical legal training in another
                           way.
                Supervised legal practice is defined in section 1.2.1.

Clause 2.4.36   provides that an interstate legal practitioner has all the
                duties and obligations of an officer of the Supreme Court of
                Victoria, and so is subject to its jurisdiction.


                                    18
                        Division 10—Reviews
Clause 2.4.37   provides that a person whose interests have been affected
                by a decision of the Board to—
                         refuse to grant (under clause 2.4.12) a local
                          practising certificate because the applicant was
                          ineligible to apply for the grant, or is not a fit and
                          proper person to hold the certificate; or
                         refuse to renew a local practising certificate
                          (under clause 2.4.12 or 2.4.28) because the
                          applicant was ineligible to apply for the renewal
                          at the time the application was made, or is no
                          longer a fit and proper person to hold a
                          certificate; or
                         refuse to grant or renew, or amend, suspend, or
                          cancel a local practising certificate (under clause
                          2.4.21 or 2.4.28) because the applicant or holder
                          was required to provide a written statement to the
                          Board explaining why, despite a show cause
                          event, he or she is a fit and proper person to hold
                          a practising certificate; or
                         immediately suspend a local practising certificate
                          because of one of the grounds under clause
                          2.4.22 (is no longer a fit and proper person; is
                          not, or no longer, covered by the required
                          professional indemnity insurance; or is engaging
                          in legal practice in a manner not authorised by
                          his or her certificate); or
                         refuse a request by the holder to amend a local
                          practising certificate (under clause 2.4.24)—
                may apply to VCAT for a review of the decision.
                An application must be made within 28 days of an
                information notice being given to the person about the
                decision.
                In a review of a decision, VCAT has all of the powers of
                the Board, and can make any of the orders, it could make
                under clause 4.4.17 (orders requiring official
                implementation in Victoria), or 4.4.19 (orders requiring
                compliance by practitioner (except paragraph (a)).



                                    19
Clause 2.4.38    provides that an interstate legal practitioner may apply to
                 VCAT for a review of a decision of the Board to impose a
                 condition on the practitioner's practice under clause 2.4.33.
                 The application for review must be made within 28 days
                 after the day on which the person received the information
                 notice about the decision.

                      Division 11—Miscellaneous
Clause 2.4.39    allows the Board to enter into protocol arrangements with
                 regulatory authorities of other jurisdictions in relation to
                 deciding matters such as the jurisdiction in which a
                 practitioner principally practises, the circumstances in
                 which an arrangement to practise in a jurisdiction is of a
                 temporary nature or not, and the circumstances in which an
                 Australian legal practitioner can reasonably expect to
                 engage in legal practice in a particular jurisdiction.

Clause 2.4.40    allows the Board to obtain further information or
                 documents from the applicant for a practising certificate, or
                 the holder of a practising certificate, when considering
                 whether or not to grant, renew, suspend or cancel a local
                 practising certificate.

                PART 2.5—SUITABILITY REPORTS

                        Division 1—Preliminary
Clause 2.5.1     sets out the purpose of this Part.

Clause 2.5.2     sets out definitions used in this Part.

                      Division 2—Police Reports
Clause 2.5.3     provides that the Board may ask the Chief Commissioner of
                 Police to conduct a criminal record check of an applicant
                 for the grant or renewal of a local practising certificate.
                 The Board may make this request when the Board believes
                 on reasonable grounds that the applicant has been found
                 guilty of an offence that may result in him or her not
                 being a fit or proper person to engage in legal practice.
                 The Chief Commissioner must conduct the check and give
                 the Board a report of the applicant's criminal record.
                 The Board must pay the costs of the criminal record
                 check and the report.




                                      20
                 Division 3—Health Assessments
Clause 2.5.4   provides that the Board may require an applicant for
               the grant or renewal of a local practising certificate or a
               local legal practitioner to undergo a health assessment.
               The Board may require this when the Board believes on
               reasonable grounds that a subject person may have a
               mental infirmity and that may result in him or her not
               being a fit and proper person to engage in legal practice.
               Mental infirmity is defined to include alcoholism and drug
               dependence. The Board must give the applicant or
               practitioner an information notice about the decision to
               require an assessment that includes the name and
               qualifications of the health assessor as well as the date, time
               and place for the assessment. In making the arrangements
               for the assessment the Board must have regard to the
               circumstances of the applicant or practitioner as known to
               the Board. The applicant or practitioner must be given at
               least 28 days notice of the assessment. The applicant or
               practitioner may apply to VCAT for a review of the
               decision of the Board to require an assessment within
               28 days of receipt of the information notice.

Clause 2.5.5   provides for the appointment by the Board of one or more
               health assessors who are appropriately qualified to conduct
               the health assessment. At least one health assessor must be
               a registered medical practitioner. The Board may disclose
               to the health assessor any information that the Board
               considers relevant to the assessment. Before appointing a
               health assessor, the Board must be satisfied that the
               assessor does not have a personal or professional
               connection with the person being assessed that may
               prejudice the way in which the assessor conducts the
               assessment.

Clause 2.5.6   requires the health assessor to prepare a report about the
               assessment. The report must include the assessor's findings
               as to any material mental infirmity and the extent, if any, to
               which the infirmity may result in the person not being a fit
               and proper person to engage in legal practice. If the
               assessor finds that the person does have a mental infirmity
               that may result in the person not being fit to practice, the
               report must also include the health assessor's
               recommendations, if any, as to any conditions that the
               Board could impose on the person's practising certificate
               that would result in, or would be likely to result in, the
               person being a fit and proper person to engage in legal
               practice despite the infirmity. The assessor must give a

                                   21
               copy of the report to the Board and the person assessed.
               However, the assessor may give the report to a registered
               medical practitioner nominated by the person if the assessor
               thinks that the report may be prejudicial to the person's
               mental health or well being.

Clause 2.5.7   provides that the Board must pay the cost of a health
               assessment and health assessment report.

Clause 2.5.8   sets out when the report may be used in proceedings.

                        Division 4—General
Clause 2.5.9   provides that a suitability report is confidential. A member,
               member of staff or agent of the Board must not disclose the
               report or information contained in the report except in the
               circumstances set out in this clause.

     PART 2.6—INTER-JURISDICTIONAL PROVISIONS
       REGARDING ADMISSION AND PRACTISING
                   CERTIFICATES

                      Division 1—Preliminary
Clause 2.6.1   provides for the purpose of the Part.

Clause 2.6.2   provides that this Part does not affect any functions under
               the disciplinary provisions of Chapter 4.

   Division 2—Notifications to be given by Local Authorities to
                     Interstate Authorities
Clause 2.6.3   provides for notification by the Board to a corresponding
               authority relating to an application for admission and
               related matters.

Clause 2.6.4   provides for notification by the Prothonotary to
               corresponding authorities in other jurisdictions, and the
               registrar or proper officer of the High Court, about removal
               of a local lawyer's name from the roll of legal practitioners.

Clause 2.6.5   provides for the Board to provide notice of certain decisions
               of the Board to corresponding authorities. For example, a
               decision to refuse to grant a practising certificate, or to
               amend, suspend or cancel a practising certificate.




                                   22
      Division 3—Notifications to be given by lawyers to local
                            authorities
Clause 2.6.6    provides that local lawyers and legal practitioners must give
                the Prothonotary notice of the removal of their name from
                an interstate roll. There is a maximum penalty of 10 and
                60 penalty units respectively.

Clause 2.6.7    provides for local lawyers and local legal practitioners to
                give notice to the Prothonotary of the removal of their name
                from the roll of a foreign country. There is a maximum
                penalty of 10 and 60 penalty units respectively.

Clause 2.6.8    provides that the notice that a local lawyer or legal
                practitioner must give the Board under this Division must
                contain the lawyer or practitioner's name and address, and
                identify the roll from which his or her name was removed,
                state the date of removal, and come with a copy of any
                relevant official documentation.

  Division 4—Taking of action by local authorities in response to
                     notifications received
Clause 2.6.9    provides for peremptory removal of local lawyer's name
                from the local roll by the Prothonotary following removal
                in another jurisdiction.

Clause 2.6.10   provides for peremptory cancellation of a local practising
                certificate by the Board following removal of the person's
                name from an interstate roll.

Clause 2.6.11   provides that, where an Australian lawyer reasonably
                expects that his or her name will be removed from an
                interstate roll, he or she may apply for an order to the
                Supreme Court that his or her name not be removed from
                the local roll.

Clause 2.6.12   provides for the show cause procedure for removal of the
                lawyer's name from the local roll following removal from
                the roll of a foreign country.

Clause 2.6.13   provides that a local authority in Victoria may give
                information to another local authority that has functions
                under this Act.




                                    23
   PART 2.7—INCORPORATED LEGAL PRACTICES AND
         MULTI-DISCIPLINARY PARTNERSHIPS

                         Division 1—Preliminary
Clause 2.7.1      sets out the purposes of the Part.

Clause 2.7.2      contains definitions for the Part.

Clause 2.7.3      provides that the Part does not apply to a corporation that is
                  a community legal centre. "Community legal centre" is
                  defined in clause 1.2.1. Such bodies are regulated under
                  Part 2.9 of the Act.

                Division 2—Incorporated Legal Practices
Clause 2.7.4      provides for when a corporation is or is not an incorporated
                  legal practice for the purposes of this Act.

Clause 2.7.5      provides for the non-legal services that an incorporated
                  legal practice may or may not provide.

Clause 2.7.6      sets out a corporation's eligibility to be an incorporated
                  legal practice.

Clause 2.7.7      requires a corporation to give the Board written notice of its
                  intention to engage in legal practice in Victoria before it
                  starts to engage in legal practice in Victoria.

Clause 2.7.8      provides that a corporation must not represent or advertise
                  that it is an incorporated legal practice unless it has
                  provided the Board with the notice required under clause
                  2.7.7 of its intention to engage in legal practice in Victoria.

Clause 2.7.9      requires a corporation to give the Board written notice after
                  it ceases to engage in legal practice in Victoria as an
                  incorporated legal practice.

Clause 2.7.10     requires an incorporated legal practice to have at least one
                  legal practitioner director and specifies the responsibilities
                  of a legal practitioner director.

Clause 2.7.11     specifies the obligations of a legal practitioner director in
                  relation to the conduct of Australian legal practitioners
                  employed by the incorporated legal practice and in relation
                  to the conduct of other directors of the incorporated legal
                  practice.




                                       24
Clause 2.7.12   provides that an incorporated legal practice must not be
                without a legal practitioner director for more than 7 days
                and requires the practice to notify the Board as soon as
                possible that it has ceased to have any legal practitioner
                directors. It is an offence for an incorporated legal practice
                to provide legal services in Victoria while in default of
                these director requirements. However, this clause also
                allows the Board, in the absence of a legal practitioner
                director for the incorporated legal practice, to appoint an
                Australian legal practitioner to perform the functions and
                duties of a legal practitioner director.

Clause 2.7.13   preserves the obligations and privileges of Australian legal
                practitioners who are officers or employees of an
                incorporated legal practice.

Clause 2.7.14   provides that for the purposes of applying any laws or legal
                profession rules relating to conflicts of interest to the
                conduct of an Australian legal practitioner who is a legal
                practitioner director or officer or employee of an
                incorporated legal practice, the interests of the incorporated
                legal practice or any related body corporate are also taken
                to be those of the practitioner.

Clause 2.7.15   sets out the disclosure obligations that apply when a person
                engages an incorporated legal practice to provide services
                that the person might reasonably assume to be legal
                services (unless the practice provides only legal services in
                Victoria).

Clause 2.7.16   provides for what happens if a disclosure is not made as
                required under clause 2.7.15.

Clause 2.7.17   provides that legal profession rules that apply to Australian
                legal practitioners also apply to Australian legal
                practitioners who are officers or employees of incorporated
                legal practices.

Clause 2.7.18   provides that restrictions in connection with advertising by
                Australian legal practitioners apply to advertising by an
                incorporated legal practice with respect to the provision of
                legal services unless incorporated legal practices are
                expressly excluded from the restriction. This clause also
                provides that, for the purposes of disciplinary proceedings
                taken against an Australian legal practitioner, an
                advertisement of the kind referred to in this clause is taken
                to have been authorised by each legal practitioner director
                of the incorporated legal practice.


                                    25
Clause 2.7.19   provides for the extension of vicarious liability to
                incorporated legal practices in civil proceedings relating to
                failure to account, pay or deliver and dishonesty.

Clause 2.7.20   allows an Australian legal practitioner to share with an
                incorporated legal practice receipts arising from the
                provision of legal services by the practitioner unless the
                practitioner is a disqualified person or unless the legal
                profession rules require that a local legal practitioner must
                not share the income from practice as a barrister with any
                person.

Clause 2.7.21   prohibits an incorporated legal practice from specified
                kinds of involvement with a disqualified person.

Clause 2.7.22   enables the Board to conduct an audit of an incorporated
                legal practice's compliance with the requirements of this
                Part, the regulations or any legal practice rules, or of its
                management of the provision of legal services.

Clause 2.7.23   specifies the investigative powers that the Board has in
                order to conduct an audit under clause 2.7.22.

Clause 2.7.24   allows the Board, on specified grounds, to apply to the
                Supreme Court for an order disqualifying a corporation
                from providing legal services in Victoria. This clause also
                creates an offence for a corporation to provide legal
                services in contravention of a disqualification.

Clause 2.7.25   provides for the Supreme Court, on the application of the
                Board, to make an order disqualifying a person from
                managing an incorporated legal practice if satisfied of
                certain specified grounds.

Clause 2.7.26   allows the Board to disclose to the Australian Securities and
                Investments Commission information that is relevant to the
                Commission's functions.

Clause 2.7.27   allows the Board to intervene in external administration
                proceedings under the Corporations Act unless the court
                determines that the proceedings do not concern the
                provision of legal services by the incorporated legal
                practice. This clause also provides that the court, when
                exercising its jurisdiction in the proceedings, may have
                regard to the interests of the clients of the incorporated
                legal practice who have been or are to be provided with
                legal services by the practice.



                                    26
Clause 2.7.28   allows the Board to intervene in external administration
                proceedings under legislation other than the Corporations
                Act unless the court determines that the proceedings do not
                concern the provision of legal services by the incorporated
                legal practice. This clause also provides that the court,
                when exercising its jurisdiction in the proceedings, may
                have regard to the interests of the clients of the incorporated
                legal practice who have been or are to be provided with
                legal services by the practice.

Clause 2.7.29   provides for the Supreme Court to resolve issues where an
                incorporated legal practice is subject to the appointment of
                a receiver under this Act and an administrator under the
                Corporations Act, and allows the Board to intervene in the
                Supreme Court proceedings.

Clause 2.7.30   provides for the Supreme Court to resolve issues where an
                incorporated legal practice is subject to the appointment of
                a receiver under this Act and an external administrator
                under legislation other than the Corporations Act, and
                allows the Board to intervene in the Supreme Court
                proceedings.

Clause 2.7.31   provides for communication and co-operation between
                courts and tribunals of this jurisdiction in connection with
                the exercise of powers provided for under this Part.

Clause 2.7.32   provides that a provision of this Act or the regulations that
                applies to an incorporated legal practice prevails, to the
                extent of any inconsistency, over the constitution of the
                practice.

Clause 2.7.33   provides that, for a corporation other than a company under
                the Corporations Act, a provision of this Act or the
                regulations that applies to an incorporated legal practice
                prevails, to the extent of any inconsistency, over the law
                under which the corporation is established or regulated.

Clause 2.7.34   provides for the making of a regulation to declare any
                provision of this Act or the regulations that apply to an
                incorporated legal practice to be a Corporations legislation
                displacement provision for the purposes of section 5G of
                the Corporations Act.




                                    27
Clause 2.7.35   makes it an offence for a person to cause or induce a legal
                practitioner director, or any other Australian legal
                practitioner who provides legal services on behalf of an
                incorporated legal practice, to contravene this Act, the
                regulations, the legal profession rules or his or her
                professional obligations as an Australian legal practitioner.

            Division 3—Multi-disciplinary Partnerships
Clause 2.7.36   provides for when a partnership is or is not a multi-
                disciplinary partnership for the purposes of this Act.

Clause 2.7.37   allows an Australian legal practitioner to be in partnership
                with a person who is not an Australian legal practitioner
                and to provide legal services as part of the business of the
                partnership.

Clause 2.7.38   requires a legal practitioner partner of a multi-disciplinary
                partnership to give the Board written notice of his or her
                intention to provide legal services in Victoria as a member
                of the multi-disciplinary partnership before starting to do
                so.

Clause 2.7.39   provides that each legal practitioner partner of a multi-
                disciplinary partnership is responsible for the management
                of the legal services provided in Victoria by the multi-
                disciplinary partnership.

Clause 2.7.40   specifies the obligations of a legal practitioner partner in
                relation to the conduct of Australian legal practitioners
                employed by the multi-disciplinary partnership and in
                relation to the conduct of other partners of the multi-
                disciplinary partnership.

Clause 2.7.41   provides that a partner of a multi-disciplinary partnership
                who is not an Australian legal practitioner does not
                contravene a provision of the Act, regulations or legal
                profession rules merely because of specified circumstances
                particular to multi-disciplinary partnerships providing legal
                services.

Clause 2.7.42   preserves the obligations and privileges of Australian legal
                practitioners who are partners or employees of a multi-
                disciplinary partnership.




                                     28
Clause 2.7.43   provides that, for the purposes of applying any laws or legal
                profession rules relating to conflicts of interest to the
                conduct of an Australian legal practitioner who is a legal
                practitioner partner or employee of a multi-disciplinary
                partnership, the interests of the multi-disciplinary
                partnership or any partner of the partnership are also taken
                to be those of the practitioner.

Clause 2.7.44   sets out the disclosure obligations that apply when a person
                engages a multi-disciplinary partnership to provide services
                that the person might reasonably assume to be legal
                services.

Clause 2.7.45   provides for what happens if a disclosure is not made as
                required under clause 2.7.44.

Clause 2.7.46   provides that legal profession rules that apply to Australian
                legal practitioners also apply to Australian legal
                practitioners who are legal practitioner partners or
                employees of multi-disciplinary partnerships.

Clause 2.7.47   provides that restrictions in connection with advertising by
                Australian legal practitioners apply to advertising by a
                multi-disciplinary partnership with respect to the provision
                of legal services unless multi-disciplinary partnerships are
                expressly excluded from the restriction. This clause also
                provides that, for the purposes of disciplinary proceedings
                taken against an Australian legal practitioner, an
                advertisement of the kind referred to in this clause is taken
                to have been authorised by each legal practitioner partner of
                the multi-disciplinary partnership.

Clause 2.7.48   allows a legal practitioner partner or an Australian legal
                practitioner who is an employee of a multi-disciplinary
                partnership to share with a partner who is not an Australian
                legal practitioner receipts arising from the provision of
                legal services by the partner or practitioner unless the
                practitioner or practitioner is a disqualified person or unless
                the legal profession rules require that a local legal
                practitioner must not share the income from practice as a
                barrister with any person.

Clause 2.7.49   prohibits a legal practitioner partner of a multi-disciplinary
                partnership from specified kinds of involvement with a
                disqualified person.




                                    29
Clause 2.7.50   provides for the Supreme Court, on the application of the
                Board, to make an order prohibiting an Australian legal
                practitioner from being a partner in a business that includes
                the provision of legal services of a specified person if
                satisfied of certain specified grounds.

Clause 2.7.51   makes it an offence for a person to cause or induce a legal
                practitioner partner, or an employee of a multi-disciplinary
                partnership who is an Australian legal practitioner and
                provides legal services, to contravene this Act, the
                regulations, the legal profession rules or his or her
                professional obligations as an Australian legal practitioner.

                       Division 4—Miscellaneous
Clause 2.7.52   provides that nothing in this Part affects the obligations
                imposed under the Act, regulations or legal profession rules
                on—
                          a legal practitioner director or Australian legal
                           practitioner who is an employee of an
                           incorporated legal practice; or
                          a legal practitioner partner or Australian legal
                           practitioner who is an employee of a multi-
                           disciplinary partnership.

Clause 2.7.53   provides that a regulation may make provision for the legal
                services provided by incorporated legal practices or legal
                practitioner partners or employees of multi-disciplinary
                partnerships, and for other services that they can provide in
                circumstances where a conflict of interest may arise relating
                to the provision of legal services. The clause also provides
                that a regulation may provide that a contravention of the
                regulations is capable of constituting unsatisfactory
                professional conduct or professional misconduct.

   PART 2.8—LEGAL PRACTICE BY FOREIGN LAWYERS

                       Division 1—Preliminary
Clause 2.8.1    provides for the purpose of the Part.

Clause 2.8.2    provides definitions for the Part.

Clause 2.8.3    provides that the Part does not apply to Australian legal
                practitioners who are also overseas-registered foreign
                lawyers.


                                    30
               Division 2—Practice of Foreign Law
Clause 2.8.4   prohibits a person from practising foreign law unless
               they are an Australian-registered foreign lawyer or an
               Australian legal practitioner. There is a maximum penalty
               of 240 penalty units for contravention of this clause.
               There is an exemption for foreign lawyers who: practise
               foreign law for periods which do not exceed 12 months;
               are subject to a restriction under the Migration Act 1958
               (Commonwealth); do not maintain an office in Victoria for
               the purpose of practising foreign law; or do not have a
               commercial legal presence in Victoria.

Clause 2.8.5   provides that an Australian-registered foreign lawyer can
               practise foreign law in Victoria.

Clause 2.8.6   specifies the scope of practice for a foreign lawyer.
               It confirms that nothing in the Act authorises an Australian-
               registered foreign lawyer to appear in court on behalf of
               another person, or to practise Australian law in Victoria.

Clause 2.8.7   specifies the permitted forms of practice for an Australian-
               registered foreign lawyer. A foreign lawyer may practise
               foreign law on his or her own account; in partnership with
               one or more Australian-registered foreign lawyers or one or
               more Australian legal practitioners; as a director or
               employee of an incorporated legal practice; as a partner or
               employee of a multi-disciplinary partnership; as an
               employee of an Australian legal practitioner or law firm; or
               as an employee of an Australian–registered foreign lawyer.

Clause 2.8.8   provides that Australian-registered foreign lawyers must
               not engage in conduct in practising foreign law that would,
               if the conduct were engaged in by Australian legal
               practitioners (in practising Australian law), constitute
               professional misconduct or unsatisfactory professional
               conduct. The section also provides that the regulations may
               make provision for the application of the disciplinary
               provisions (Chapter 4) of this Act.

Clause 2.8.9   provides for the designations that an Australian-registered
               foreign lawyer can use in Victoria, either alone or as the
               principal of a law practice.




                                   31
Clause 2.8.10   provides for the status as foreign lawyer to be indicated in
                certain documents, for example, the lawyer's letterhead,
                business cards, statement of account, invoices, and
                promotional and advertising material. The information may
                include the countries in which a foreign lawyer is entitled to
                engage in legal practice, or a description of himself or
                herself, and any law practice with which the lawyer is
                associated.

Clause 2.8.11   provides that an Australian-registered foreign lawyer is
                required to comply with any advertising restrictions
                imposed by the Board, and that the lawyer must not
                advertise in a way that may be regarded as false, misleading
                or deceptive, suggests the foreign lawyer is an Australian
                legal practitioner, or contravenes any requirement of the
                regulations.

Clause 2.8.12   provides for the manner in which Australian-registered
                foreign lawyers may employ Australian legal practitioners.

Clause 2.8.13   provides that Australian-registered foreign lawyers are
                subject to the same trust account requirements (under the
                Act or any legal profession rule) as Australian legal
                practitioners. It also provides that regulations may be made
                with respect to the application of this Part to foreign
                lawyers.

Clause 2.8.14   provides that Australian-registered foreign lawyers may be
                subject to fidelity cover requirements prescribed in the
                regulations.

  Division 3—Local Registration of Foreign Lawyers Generally
Clause 2.8.15   provides that overseas-registered foreign lawyers can be
                registered as foreign lawyers under this Act.

Clause 2.8.16   provides for registration of foreign lawyers to be for a
                financial year. Where an application for the renewal of
                registration has not been determined by the following
                1 July, the registration continues on until the Board renews
                or refuses to renew, or the lawyer withdraws the application
                for renewal.

Clause 2.8.17   provides that a locally registered foreign lawyer is not an
                officer of the Supreme Court.




                                    32
      Division 4—Application for Grant or Renewal of Local
                          Registration
Clause 2.8.18   provides that an overseas-registered foreign lawyer may
                apply to the Board for the application for the grant or
                renewal of registration as a foreign lawyer.

Clause 2.8.19   provides for the form of application for registration as a
                foreign lawyer. An application must be in a form approved
                by the Board, and must come with the fee set by the Board.
                The fee must not be greater than the maximum fee for a
                local practising certificate.

Clause 2.8.20   provides for the requirements for applications for the
                grant or renewal of registration as a foreign lawyer.
                The application must state that: the applicant is registered to
                engage in legal practice by one or more foreign registration
                authorities, the applicant is not an Australian legal
                practitioner, the applicant is not subject to disciplinary
                changes, the applicant is not party to any pending criminal
                or civil proceedings, the applicant's registration is not
                cancelled or suspended in another place, they are not
                prohibited from practising in any place, or not subject to
                any special conditions in relation to their practice.
                It also provides that an application must specify any special
                conditions imposed in Australia or overseas as a restriction
                on the practice of the lawyer, and that the applicant gives
                his or her consent to the making of inquiries and
                exchanging of information with foreign registration
                authorities, and provide any information required by the
                Board in relation to the application.
                The application must come with an original instrument (or
                copy) from each foreign registration authority that verifies
                the applicant's educational and professional requirements,
                verifies the applicant's registration by that authority to
                engage in legal practice, and describes anything the foreign
                lawyer has done (of which the authority is aware) that has
                had an adverse effect on the applicant's professional
                standing.




                                    33
           Division 5—Grant or Renewal of Registration
Clause 2.8.21   provides that the Board must consider an application for the
                grant or renewal of registration as a foreign lawyer. If the
                Board grants or renews registration, it must give the
                applicant a registration certificate or notice of renewal.
                If the Board imposes a condition on registration, it must
                give the applicant for registration an information notice
                about the condition.

Clause 2.8.22   sets out the criteria that the Board must have regard to in
                deciding whether to grant an application for registration.
                The Board must grant or renew registration if the criteria
                are satisfied.

Clause 2.8.23   provides for the circumstances where the Board may refuse
                to grant or renew registration. This includes the
                circumstance of an authority of another jurisdiction having
                taken particular action under a corresponding law. It also
                includes because the applicant is not a fit and proper person
                to continue to be registered, or because of any of the
                grounds under which registration could be suspended or
                cancelled. If the Board refuses to grant or renew
                registration, it must give the applicant an information notice
                about the decision.

  Division 6—Amendment, Suspension or Cancellation of Local
                      Registration
Clause 2.8.24   provides for the application of the Part.

Clause 2.8.25   provides for the grounds under which the Board may
                amend, suspend, or cancel a foreign lawyer's registration.

Clause 2.8.26   provides for a show cause process for amending,
                suspending or cancelling registration.

Clause 2.8.27   provides that if a decision is made to amend, suspend, or
                cancel a person's registration, it takes place on the day the
                notice is given to the person, or the day stated in the notice.

Clause 2.8.28   provides for the ways in which the Board may amend,
                suspend or cancel a person's registration, for example, for a
                formal or clerical reason.

Clause 2.8.29   provides that nothing in this Part prevents the Board from
                making a complaint under the disciplinary provisions of the
                Act.


                                    34
  Division 7—Special Powers in relation to Local Registration—
                      Show Cause Events
Clause 2.8.30   provides for the procedure where a person is applying for
                registration as a foreign lawyer, and a show cause event
                happened, whether before or after the commencement of
                this section, after the person first became an overseas-
                registered foreign lawyer. The applicant must provide a
                written statement to the Board explaining why, despite the
                show cause event, the person still considers him or herself a
                fit and proper person to be a locally registered foreign
                lawyer. However, the person need not do this if they have
                already provided such a statement to the Board, explaining
                why, despite a show cause event, the person considers him
                or herself fit and proper to be a locally registered foreign
                lawyer.

Clause 2.8.31   provides that where a show cause event occurs in relation to
                a locally registered foreign lawyer, he or she must provide a
                written statement to the Board within 7 days after the event
                notifying the Board of the event, and within 28 days a
                written statement explaining why, despite the show cause
                event, the person considers him or herself to be a fit and
                proper person.

Clause 2.8.32   provides that the Board may amend, suspend or cancel a
                locally registered foreign lawyer's registration for the
                failure to provide a written statement in relation to a show
                cause event under clause 2.8.30 or 2.8.31. The Board may
                also amend, suspend, or cancel the registration even if the
                written statement has been provided, if the Board does not
                believe that the person has demonstrated that he or she is a
                fit and proper person to be registered. If this is the case, the
                Board must provide the person with an information notice
                about the decision.

Clause 2.8.33   provides that the Board may impose a restriction on a
                person from further applying for registration under this
                Part, for a period of up to 5 years. During this time the
                person is not entitled to apply for registration under this
                Part.




                                     35
  Division 8—Further Provisions relating to Local Registration
Clause 2.8.34    provides for the circumstances where the Board considers it
                 necessary to immediately suspend a person's registration as
                 a foreign lawyer, if it is in the public's interest. The Board
                 may immediately suspend the person's registration by
                 written notice, until it informs the person of its decision by
                 notice under clause 2.8.26, or until the end of a period of
                 56 days.

Clause 2.8.35    provides that a locally registered foreign lawyer may
                 surrender his or her local registration certificate to the
                 Board, and the Board may cancel the registration.

Clause 2.8.36    provides that a foreign lawyer's registration is automatically
                 cancelled if the person becomes an Australian legal
                 practitioner.

Clause 2.8.37    provides that the suspension or cancellation of a foreign
                 lawyer's registration does not affect any disciplinary
                 proceeding in relation to events which took place prior to
                 the suspension or cancellation.

Clause 2.8.38    provides that the Board may require a person to return their
                 certificate of registration within 14 days should their
                 registration as a foreign lawyer be amended, suspended or
                 cancelled. There is a maximum penalty of 20 penalty units
                 for contravention of this clause.

                Division 9—Conditions on Registration
Clause 2.8.39    provides that registration as a foreign lawyer is subject to
                 any conditions imposed by the Board, any statutory
                 conditions imposed by this or another Act, any conditions
                 imposed under the legal profession rules, or any condition
                 imposed under the disciplinary provisions of Chapter 4, or
                 provisions which correspond to these.

Clause 2.8.40    provides for the way in which conditions are imposed on a
                 foreign lawyer's registration. If a condition is imposed on a
                 foreign lawyer's registration, the Board must give the
                 person an information notice about this decision, unless the
                 lawyer agrees with the condition.




                                      36
Clause 2.8.41   provides that it is a statutory condition of a registration as a
                foreign lawyer that the lawyer must notify the Board within
                7 days, where the lawyer has been found guilty of an
                offence that would have had to be disclosed in an
                application for registration, or has been charged with a
                serious office.

Clause 2.8.42   provides that the legal profession rules may impose
                conditions on a foreign lawyer's registration, or authorise
                conditions to be imposed on them.

Clause 2.8.43   provides that a locally registered foreign lawyer must not
                contravene a condition to which he or she is subject.
                There is a maximum penalty of 60 penalty units for
                contravention of this clause.

        Division 10—Interstate-registered Foreign Lawyers
Clause 2.8.44   provides that an interstate-registered foreign lawyer cannot
                engage in legal practice to a greater extent than a locally
                registered foreign lawyer could be authorised under a local
                registration certificate. It also specifies that an interstate-
                registered foreign lawyer's right to practise is subject to any
                conditions imposed by the Board and any conditions
                imposed by the legal profession rules.

Clause 2.8.45   provides that the Board may, by written notice to an
                interstate-registered foreign lawyer, impose any condition
                on the interstate-registered foreign lawyer's right to practise
                foreign law that it may impose in relation to a locally
                registered foreign lawyer.

                     Division 11—Miscellaneous
Clause 2.8.46   provides that the Board may ask for further documents or
                information, or make inquiries, to help it consider whether
                to grant, renew, suspend, cancel or impose conditions on a
                person's registration under this Part.

Clause 2.8.47   provides that the Board may publish the names of persons
                registered as foreign lawyers, or details of their registration.

Clause 2.8.48   provides that the Board may apply to the Supreme Court for
                an order that an Australian-registered foreign lawyer not
                contravene a condition it has imposed on the lawyer's
                registration. The Supreme Court may make any orders it
                thinks fit.



                                     37
Clause 2.8.49   provides that the Board may exempt an Australian-
                registered foreign lawyer (or class) from a requirement that
                would otherwise apply.

Clause 2.8.50   provides that Australian-registered foreign lawyers are not
                required but are eligible to join a professional association.

Clause 2.8.51   provides that an Australian registered foreign lawyer may
                appeal to VCAT for review of a decision made by the
                Board, in relation to a decision of the Board—
                          to refuse to grant or renew registration under
                           clause 2.8.23 or 2.8.32; or
                          to impose a condition on registration under
                           clause 2.8.40; or
                          to amend, suspend, or cancel registration under
                           clause 2.8.26 or 2.8.32; or
                          to suspend registration under clause 2.8.32; or
                          to impose a period of restriction during which a
                           person cannot apply for registration as a foreign
                           lawyer (clause 2.8.33).
                An application for review must be made within 28 days
                after the day on which the information notice about the
                decision, or a notice under clause 2.8.34(2), was given to
                the foreign lawyer.

          PART 2.9—COMMUNITY LEGAL CENTRES
Clause 2.9.1    provides for the definitions of "board of management",
                "employ", and "engage".

Clause 2.9.2    provides for the requirement that a community legal centre
                must employ one or more supervising legal practitioners to
                be responsible for the provision of legal services at the
                centre. The section also provides that the board of
                management of a community legal centre may temporarily
                engage one or more supervising legal practitioners where a
                permanent one is not available.




                                    38
               The period of temporary engagement cannot be for more
               than 12 weeks, however the board of management may
               extend this period by notifying the Board in writing.
               A supervising legal practitioner must hold a principal
               practising certificate, and may be a person who is on the
               centre's board of management, or otherwise involved in the
               management of the centre. The clause also provides that
               the Act applies to the temporarily engaged supervising legal
               practitioner as if he or she were employed by the
               community legal centre.

Clause 2.9.3   provides that the board of management, when it temporarily
               engages a supervising legal practitioner, or extends a
               temporary engagement of a supervising legal practitioner
               beyond 12 weeks, must notify the Board within 14 days of
               the date of engagement or extension.
               The notice must contain the legal practitioner's name, date
               of birth, date of admission, the name of any law practice
               (other than the community legal centre) of which the legal
               practitioner is an associate, and any condition to which the
               supervising legal practitioner is subject in relation to his or
               her legal practice.

Clause 2.9.4   provides that a community legal centre is entitled to recover
               legal costs for the legal services it provides.

Clause 2.9.5   provides that the regulations may allow for—
                         the employment or temporary engagement of
                          supervising legal practitioners and the
                          employment of other Australian legal
                          practitioners by community legal centres;
                         the duties, obligations and liabilities of
                          supervising legal practitioners and other
                          Australian legal practitioners employed or
                          engaged by community legal centres;
                         the information to be contained in notices under
                          this Part;
                         the application of other provisions of the Act to
                          supervising legal practitioners and community
                          legal centres.




                                    39
               CHAPTER 3—GETTING THINGS RIGHT

         PART 3.1—INTRODUCTION AND OVERVIEW
Clause 3.1.1     provides for an introduction and overview of this Chapter.

          PART 3.2—MANNER OF LEGAL PRACTICE

                        Division 1—Preliminary
Clause 3.2.1     sets out the purposes of this Part.

                 Division 2—Legal Practice Generally
Clause 3.2.2     allows two or more Australian legal practitioners to appear
                 together as co-advocates but permits legal profession rules
                 to impose reasonable limitations on this general
                 proposition. This provision was originally designed to
                 overcome the "boycott rule" which operated to prevent
                 barristers appearing with solicitors in most cases.

Clause 3.2.3     provides that a law practice may accept instructions in a
                 matter from a client whether or not the client has retained
                 any other law practice in the matter. This provision ensures
                 that a client can have direct access to a barrister. It is aimed
                 at the old practice under which barristers had to be briefed
                 by solicitors in most cases. The clause also provides that
                 the legal profession rules may reasonably limit the
                 application of this provision.

Clause 3.2.4     provides that compulsory clerking is prohibited.
                 This clause makes it clear that this provision does not
                 apply to employment or engagement of articled clerks
                 or managing clerks or to the engagement of an approved
                 clerk.

Clause 3.2.5     provides that compulsory chambers are prohibited.

Clause 3.2.6     provides that the legal profession rules may provide for sole
                 practice by barristers.

Clause 3.2.7     provides that robing before a court or tribunal in any non
                 jury proceeding is not compulsory.

Clause 3.2.8     provides that the Governor in Council, on the
                 recommendation of the Board, may make regulations
                 prohibiting local legal practitioners from carrying on,
                 engaging in or practising any business, profession or


                                      40
                occupation that is inconsistent with legal practice or that
                may cause a conflict between the practitioner and a client.
                Regulations can also be made regulating the manner in
                which a practitioner carries on, engages in or practises any
                business, profession or occupation that is inconsistent with
                legal practice or that may cause a conflict of interest
                between the practitioner and a client. Any regulations
                made under this Part cannot be inconsistent with the
                provisions relating to incorporated legal practices and
                multi-disciplinary partnerships set out in Part 2.7.

Division 3—Rules for Australian Legal Practitioners and Locally
                 registered Foreign Lawyers
Clause 3.2.9    provides that the Board may make rules about legal practice
                in Victoria engaged in by Australian legal practitioners.
                This clause also provides that the Law Institute and
                Victorian Bar may, with the approval of the Board, also
                make rules about legal practice in Victoria. If there is any
                inconsistency between the rules made by the Board and the
                rules made by the Law Institute or Victorian Bar the rules
                of the Board prevail.

Clause 3.2.10   provides that the Board may make rules about legal practice
                by locally registered foreign lawyers in Victoria.

Clause 3.2.11   sets out the subject-matter than may be dealt with in legal
                profession rules.

Clause 3.2.12   provides that if the Board proposes to make legal profession
                rules it must first consult with each professional
                association.

Clause 3.2.13   sets out that the Board must give public notice of a proposal
                to make or approve a legal profession rule.

      Division 4—Rules for Incorporated Legal Practices and
                 Multi-disciplinary Partnerships
Clause 3.2.14   provides that the Board may make rules for or with respect
                to incorporated legal practices and multi-disciplinary
                partnerships.

Clause 3.2.15   provides that the regulations may make provision for or
                with respect to the making of legal profession rules under
                this Division.




                                    41
                Division 5—Rules for Approved Clerks
Clause 3.2.16    provides that the Victorian Bar may make legal profession
                 rules for the receipt and handling of trust money and the
                 keeping of trust records by approved clerks.

    Division 6—General Provisions for Legal Profession Rules
Clause 3.2.17    sets out the binding nature of the legal profession rules on
                 Australian legal practitioners and locally registered foreign
                 lawyers to whom they apply. This provision also sets out
                 that a failure to comply with the legal profession rules is
                 capable of constituting unsatisfactory professional conduct
                 or professional misconduct.

Clause 3.2.18    provides that the rules do not have effect to the extent that
                 they are inconsistent with this Act or the regulations.

Clause 3.2.19    provides for the availability of the rules. The Board is
                 required to ensure that the rules are available for public
                 inspection on its Internet site or another Internet site and
                 that amendments are incorporated as soon as possible.
                 This clause also requires the Board to provide a copy of the
                 rules to each local legal practitioner, locally registered
                 foreign lawyer or approved clerk to whom the rules apply.

                        Division 7—Competition
Clause 3.2.20    provides that that the Board may investigate the effect on
                 competition in a market for legal services and the effect on
                 consumers of those services of any Act, subordinate
                 instrument or rule of law relating to legal practice, the legal
                 profession rules and any agreements, arrangements or
                 understandings made involving a law practice or an
                 Australian legal practitioner.

Clause 3.2.21    provides that a law practice or an Australian legal
                 practitioner must provide information and documents to the
                 Board for the purposes of an investigation relating to
                 competition.

Clause 3.2.22    provides that, if it appears to the Board when investigating
                 a competition matter that there may be grounds for making
                 an adverse report about a law practice or Australian legal
                 practitioner, the Board must provide the law practice or
                 Australian legal practitioner with the opportunity to
                 comment on the matter.



                                     42
Clause 3.2.23   requires the Board to submit a written report of an
                investigation of a competition matter to the Attorney-
                General and sets out what the report should contain.

Clause 3.2.24   requires the report of the Board to be tabled by the
                Attorney-General. This clause also provides that where a
                report contains a recommendation the Government must
                table a response to the report within 6 months after
                receiving the report.

     PART 3.3—TRUST MONEY AND TRUST ACCOUNTS

                       Division 1—Preliminary
Clause 3.3.1    sets out the purposes of this Part.

Clause 3.3.2    sets out definitions of terms used in this Part.

Clause 3.3.3    sets out the circumstances where money will not be
                considered trust money for the purposes of this Act.
                This clause provides that money is not trust money where
                it is entrusted to or held by a law practice for or in
                connection with the provision of financial services where
                the practice or an associate is required to hold a financial
                services licence for the provision of that service or where
                the practice or an associate provides the service acting as a
                representative of another person who carries on a financial
                services business. This clause also provides that money
                entrusted to a law practice for or in connection with a
                managed investment scheme or mortgage financing
                undertaken by the practice is not trust money. Money
                entrusted to a law practice for investment purposes is not
                trust money unless the money is entrusted to or held by the
                practice in the ordinary course of legal practice and
                primarily in connection with the provision of legal services
                or unless the investment is or is to be made in the ordinary
                course of legal practice and for the ancillary purposes of
                maintaining or enhancing the value of money or property
                pending completion of the matter. In this clause the terms
                "Australian financial services licence", "authorised
                representative", "financial services" and "financial services
                business" have the same meaning as in Chapter 7 of the
                Corporations Act.




                                     43
Clause 3.3.4   provides that where there is doubt or a dispute as to whether
               money is trust money, the Board may determine the matter.
               A determination of the Board may be revoked or modified.
               This clause provides that a determination will have effect
               subject to a decision of court made in relation to the money
               concerned.

Clause 3.3.5   sets out when this Part will apply to law practices in respect
               of trust money received by them in Victoria or another
               jurisdiction. This clause also sets out when this Part does
               not apply.

Clause 3.3.6   provides that the Board may enter into arrangements with
               corresponding authorities to determine the jurisdiction
               where trust money will be considered to have been
               received. The Board may also enter into arrangements
               with corresponding authorities in relation to the sharing
               of information about whether and how trust money is
               being dealt with under this Act or a corresponding law.
               The Board may enter into arrangements that amend, revoke
               or replace a protocol. A protocol only has effect in Victoria
               if it is embodied or identified in the regulations.

Clause 3.3.7   sets out when money is considered to have been received
               by a law practice and when money is received by an
               approved clerk.

Clause 3.3.8   sets out the actions that are to be taken by a legal
               practitioner associate of a law practice to discharge the
               obligations placed on the practice in relation to trust money
               received by the practice. This clause also provides that, if a
               legal practitioner associate maintains a trust account in
               relation to trust money received by the law practice, the
               provisions of this Part and regulations made for the
               purposes of this Part apply to the associate in the same way
               that they apply to the law practice.

Clause 3.3.9   sets out the liability of principals of law practices.
               This clause provides that, where the Act or the regulations
               impose an obligation on a law practice, the obligation is
               also placed on the principals of the law practice jointly and
               severally. Where the law practice discharges the obligation
               it does so for all of the principals. A reference in this Part
               and regulations made for the purposes of this Part to a law
               practice is to be read as including a reference to the
               principals of the law practice.




                                   44
Clause 3.3.10   provides that this Part applies to former law practices,
                former principal and associates of law practices and former
                approved clerks in relation to conduct occurring when they
                were respectively law practices, principal, associates or
                approved clerks.

           Division 2—Trust Accounts and Trust Money
Clause 3.3.11   requires the maintenance of a general trust account in
                Victoria by a law practice or approved clerk in receipt of
                trust money. Failure to comply with this requirement may
                attract a penalty of up to 120 penalty units. This clause
                also requires that the trust account be established and
                maintained in accordance with the regulations. Failure to
                comply with this requirement may attract a penalty of up to
                60 penalty units. The requirement to maintain a general
                trust account does not apply where the law practice or
                approved clerk receives only controlled money or transit
                money (or both) unless it is in the form of cash in which
                case the requirement still applies. A law practice or
                approved clerk can maintain more than one general trust
                account in Victoria. This clause provides that the
                regulations may provide that a law practice or an approved
                clerk must not close a general trust account except as
                prescribed in the regulations.

Clause 3.3.12   requires a law practice or an approved clerk to notify the
                Board of the details of any trust account established in
                Victoria. These details are the number of the account and
                the name and address of the branch of the ADI at which the
                account is maintained. These details must be provided
                within 14 days of the establishment of the trust account.
                Failure to comply with this requirement may attract a
                penalty of up to 60 penalty units. This clause also requires
                a law practice or an approved clerk to notify the Board of
                any charge of these details within 14 days of becoming
                aware of the change. These requirements do not apply to a
                separate trust account kept by a law practice on the
                instructions of any single client for the exclusive use of that
                client.

Clause 3.3.13   requires trust money to be deposited in a general trust
                account as soon as practicable after receipt by a law
                practice or an approved clerk unless the money falls into
                one of the categories specified in this clause. Failure to
                comply with this restriction may attract a penalty of up to
                120 penalty units. When money is received by a law


                                    45
                practice or approved clerk the money must be dealt with in
                accordance with any written direction from an appropriate
                person within any specified period of time. Failure to
                comply with this requirement may attract a penalty of up to
                120 penalty units. A law practice or approved clerk must
                keep a written direction in relation to trust money for the
                time prescribed by regulation. Failure to comply with this
                restriction may attract a penalty of up to 60 penalty units.
                All cash received must be deposited in a trust account even
                though it falls into one of the categories of money that is
                generally exempted from the requirement that trust money
                must be deposited in a trust account. For example, even
                though a law practice has a written direction that trust
                money be dealt with otherwise than by depositing it in a
                trust account the law practice must deposit that money in a
                trust account when it is received as cash.

Clause 3.3.14   provides that a law practice or an approved clerk must hold
                trust money deposited in a general trust account of the
                practitioner or clerk exclusively for the person whose
                benefit it is received and disburse the money only in
                accordance with a direction given by the person. Failure to
                comply with this requirement may attract a penalty of up to
                120 penalty units. This clause also provides that a law
                practice or approved clerk must account for the trust money
                as required by the regulations. Failure to comply with this
                requirement may attract a penalty of up to 60 penalty units.

Clause 3.3.15   provides how a law practice must deal with controlled
                money.

Clause 3.3.16   provides how a law practice must deal with transit money.

Clause 3.3.17   provides that a law practice that exercises a power to deal
                with trust money must deal with the money only in
                accordance with the power relating to the money.
                This requirement also applies to an approved clerk.
                Failure to comply with this obligation may attract a penalty
                of up to 120 penalty units. This clause also provides that
                the law practice or approved clerk must account for the
                money as required by the regulations. Failure to comply
                with this requirement may attract a penalty of up to
                60 penalty units.




                                   46
Clause 3.3.18   provides that trust money is protected and is not available
                for the payment of the debts of the practice, its associates
                or the approved clerk. Trust money is not liable to be
                attached or taken in execution for satisfying a judgement
                against the practice or its associates or the approved clerk.
                This protection does not apply where the law practice, its
                associates or the approved clerk is entitled to the money
                deposited in the trust account.

Clause 3.3.19   prohibits the intermixing of trust money with other money
                by a law practice or approved clerk. Failure to comply with
                this obligation may attract a penalty of up to 120 penalty
                units.

Clause 3.3.20   sets out how a law practice may deal with trust money in a
                general trust account or a controlled money account where
                there are legal costs due and owing and where the trust
                money is unclaimed. This clause also sets out what an
                approved clerk may deal with trust money in a general trust
                account where there are legal costs owing to a barrister and
                where the trust account money is unclaimed.

Clause 3.3.21   makes it an offence for an Australian legal practitioner or
                an approved clerk to cause a deficiency in any trust account
                or trust ledger account without a reasonable excuse. It is
                also an offence to fail to pay or deliver any trust money.
                A practitioner found guilty of an offence under this
                provision will be subject to a penalty of up to 15 years
                imprisonment.

Clause 3.3.22   requires a legal practitioner associate of a law practice who
                becomes aware of an irregularity in any of the practice's
                trust accounts or trust ledger accounts to provide written
                notification to the Board of the irregularity as soon as
                practicable. A corresponding authority must also be
                notified if the corresponding authority is responsible for the
                regulation of the accounts concerned. Failure to comply
                with this requirement may attract a penalty of up to
                60 penalty units. This clause requires an Australian legal
                practitioner to provide notice in writing where he or she
                believes on reasonable grounds that there is an irregularity
                in connection with the receipt, recording or disbursement of
                any trust money received by a law practice of which the
                practitioner is not a legal practitioner associate. There is
                also an obligation to notify a corresponding authority if
                the corresponding authority is responsible for the regulation
                of the accounts relating to the trust money concerned.
                Failure to comply with this requirement may attract a

                                    47
                penalty of up to 60 penalty units. An Australian legal
                practitioner cannot be found liable for any loss or damage
                suffered by another person because the practitioner reports
                an irregularity or suspected irregularity.

Clause 3.3.23   sets out the requirements placed on approved clerks to
                notify the Board where there is a trust account irregularity.
                These requirements apply in relation to an irregularity in
                any of the trust accounts or trust ledger accounts of the
                clerk as well as the trust account of another clerk or law
                practice. Failure to comply with any of these requirements
                may attract a penalty of up to 60 penalty units.
                An approved clerk cannot be found liable for any loss or
                damage suffered by another person because the approved
                clerk reports an irregularity or suspected irregularity.

Clause 3.3.24   provides that compliance with the requirement to report
                irregularities with trust accounts or trust ledger accounts is
                not excused on the ground of any duty of confidence or on
                the ground that giving notice may tend to incriminate the
                practitioner or clerk. If the Australian legal practitioner or
                approved clerk objects to the Board on the ground that that
                the giving of notice may tend to incriminate them, the
                notice reporting irregularities is inadmissible in evidence in
                any proceeding against them for an offence other than an
                offence in relation to the keeping of trust accounts or the
                receipt of trust money or an offence in relation to the giving
                of false or misleading information.

Clause 3.3.25   sets out the requirements applicable to the keeping of trust
                records. For example, trust records must be kept in
                permanent form. Failure to comply with any of these
                requirements may attract a penalty of up to 60 penalty units.

Clause 3.3.26   provides that a law practice must not knowingly receive
                trust money or record receipt of money in the practice's
                trust records under a false name. Failure to comply with
                this provision may attract a penalty of up to 60 penalty
                units. This provision provides that if a person on whose
                behalf trust account is received by a law practice is
                commonly known by more than one name, the practice
                must ensure that the practice's trust records record all names
                by which the person is known.

Clause 3.3.27   requires a law practice or an approved clerk to advise the
                Board of the balance of any trust account maintained by the
                practice of firm at the request of the Board.



                                    48
                      Division 3—Investigations
Clause 3.3.28   sets out when an investigation may be conducted.
                An investigation may be conducted for the purposes of
                determining compliance by a law practice or an approved
                clerk with the requirements of this Part or determining
                whether a law practice or approved clerk has contravened
                this Part. An investigation may be conducted as a result of
                a complaint under Chapter 4 or on the Board's own
                initiative.

Clause 3.3.29   provides for the appointment of an inspector by the Board
                to conduct an investigation of the trust accounts of, and the
                records relating to trust money received by, a law practice
                or an approved clerk.

Clause 3.3.30   provides that the Board must issue each inspector with
                an identity card in the form approved by the Board.
                An inspector must produce his or her identity card before
                exercising a power under this Division other than a
                requirement made by post, fax, email or other electronic
                communication and at any time during the exercise of a
                power under this Division if requested.

Clause 3.3.31   sets out what an inspector may require a law practice or an
                associate of the law practice to do in relation to production
                of records. This clause also sets out what an inspector may
                require an approved clerk to do in relation to the production
                of records. This clause provides that an inspector may
                retain for a reasonable period and may make copies of, or
                take extracts from, any documents produced or given to the
                inspector under this clause.

Clause 3.3.32   sets out the powers of an inspector to question an associate
                of a law practice.

Clause 3.3.33   sets out the powers of an inspector to question an approved
                clerk.

Clause 3.3.34   sets out an inspector's power to obtain documents and
                information from external examiners of trust accounts.

Clause 3.3.35   provides that an inspector may enter at any reasonable time
                any premises occupied by a law practice or an approved
                clerk for the purposes of determining compliance with this
                Part or regulations made under this Part.




                                    49
Clause 3.3.36   sets out the procedures that apply to entry or search of
                premises with the consent of the occupier where an
                inspector believes on reasonable grounds that a person has
                contravened this Part or regulations made under this Part.
                This clause sets out what an inspector must do in obtaining
                consent of the occupier and what an inspector may do once
                consent of the occupier has been obtained.

Clause 3.3.37   provides that an inspector may apply to a magistrate for the
                issue of a search warrant in relation to particular premises if
                the inspector believes on reasonable grounds that there is on
                the premises evidence that a person or person may have
                contravened this Part or regulations made for the purposes
                of this Part. This clause sets out the circumstances in which
                the magistrate may issue the search warrant and what
                details should be set out in the search warrant. This clause
                provides that, except as provided by this Act, the rules to be
                observed with respect to search warrants under the
                Magistrates' Court Act 1989 also apply to warrants issued
                under this clause.

Clause 3.3.38   sets out what an inspector must do to announce his or her
                entry in executing a search warrant.

Clause 3.3.39   sets out what the inspector must do to identify himself or
                herself when a search warrant is executed and who must be
                given a copy of the warrant.

Clause 3.3.40   sets out the circumstances in which an inspector may seize
                anything which is not of the kind described in the search
                warrant when executing the search warrant.

Clause 3.3.41   provides for the retention and return of documents or things
                seized under a search warrant.

Clause 3.3.42   sets out the circumstances in which an inspector must
                provide certified copies of seized documents to the person
                from whom the documents were seized.

Clause 3.4.43   sets out the powers of an inspector to obtain information for
                the purposes of an investigation of a law practice from an
                Australian legal practitioner who is not an associate of the
                law practice under investigation, or an approved clerk.




                                    50
Clause 3.3.44   sets out the power of an inspector to obtain information for
                the purposes of an investigation from a financial institution
                or other specified body. The specified body must comply
                with the requirements of this provision despite any duty of
                confidence, or any law relating to confidentiality, to the
                contrary.

Clause 3.3.45   makes it an offence to fail to comply with a requirement
                of an inspector under this Division. However, failure to
                comply will not be an offence if the inspector did not
                clearly identify himself or herself as an inspector or advise
                the person that failure to comply constitutes an offence.
                This clause sets out that a number of specified bodies are
                not taken to have committed an offence for failure to
                comply with a requirement of an inspector.

Clause 3.3.46   provides that it is not a reasonable excuse for a person
                not to produce a document, give information answer a
                question or do anything else the person is required to do
                under this Division on the ground of any duty of confidence
                owed by a law practice or legal practitioner to a client.
                Self-incrimination is also not a ground upon which a person
                may refuse to comply. However, if the person, before
                complying with a request of an inspector, objects to the
                inspector that compliance may tend to incriminate the
                person, the document, information, answer or thing is
                inadmissible in evidence in any proceeding for an offence
                other than an offence in relation to the keeping of trust
                accounts or the receipt of trust money, or an offence in
                relation to the giving of false or misleading information.

Clause 3.3.47   requires an inspector to give a written report to the Board as
                soon as practicable after completing an investigation under
                this Division.

Clause 3.3.48   provides that the Board may decide that the costs of whole
                or part of the investigation are payable to the Board.
                This clause sets out when the costs will be considered a
                debt owing to the Board by the law practice or approved
                clerk under investigation. Before seeking to recover the
                amount payable, the Board must give the law practice or
                approved clerk an information notice about the Board's
                decision and the amount payable. The law practice or
                approved clerk may apply to VCAT for review of a
                decision of the Board.




                                    51
Clause 3.3.49   prohibits an inspector from disclosing information acquired
                in the course of an investigation except to the persons or
                bodies specified and in the circumstances specified.

Clause 3.3.50   sets out that the Board may make rules for the
                qualifications necessary for a person to be appointed as an
                inspector for the purposes of this Division. Rules made
                under this section are not statutory rules for the purposes
                of the Subordinate Legislation Act 1994.

                Division 4—External Examinations
Clause 3.3.51   sets out the requirements to be an approved external
                examiner (which replace approved auditors under the Legal
                Practice Act 1996).

Clause 3.3.52   provides for an annual examination by an approved external
                examiner of trust records required to be maintained by a
                law practice or an approved clerk.

Clause 3.3.53   provides that an approved external examiner may examine
                the affairs of a law practice for the purposes of and in
                connection with an examination of the law practice's trust
                records. The "affairs" of a law practice are defined in
                clause 3.3.2.

Clause 3.3.54   provides that a law practice that is required to maintain a
                trust account must lodge with the Board by 1 October, a
                report of the examination of its trust records for the year
                ending on the previous 31 October (the "audit year").
                This requirement also applies to an approved clerk.
                Failure to comply with this requirement may attract a
                penalty of up to 120 penalty units. If an approved clerk or a
                law practice that is authorised to receive trust money does
                not hold any trust money in an audit year, they must lodge
                with the Board a statutory declaration to that effect in the
                prescribed form by 30 November following that audit year.

Clause 3.3.55   provides for the final examination of trust records by an
                approved external examiner when a law practice or an
                approved clerk ceases to be authorised to receive trust
                money.

Clause 3.3.56   sets out the circumstances when an approved external
                examiner may disclose information acquired during the
                course of an examination.

Clause 3.3.57   provides for the Board to issue directions and guidelines in
                relation to the conduct of examinations under this Division.

                                    52
Clause 3.3.58    provides that the Board may prescribe, by notice in the
                 Government Gazette, courses of education required to be
                 completed by a person wishing to examine trust records or
                 to be employed or engaged to assist in the examination of
                 trust records.

                Division 5—Provisions relating to ADIs
Clause 3.3.59    provides that the Board may make arrangements with an
                 authorised deposit-taking institution ("ADI") for the
                 keeping of trust accounts.

Clause 3.3.60    provides that an ADI must notify the Board within 14 days
                 after a law practice or an approved clerk opens a trust
                 account with the ADI. This clause sets out the details that
                 the ADI must provide to the Board and requires the ADI
                 to notify the Board of any changes to those details.
                 This clause makes it clear that it does not apply to a
                 separate trust account opened by a law practice on the
                 instructions of any single client for the exclusive use of
                 that client.

Clause 3.3.61    sets out the obligations placed on an ADI to report to the
                 Board any deficiency in a trust account and report any
                 suspected offence. This clause also provides that an ADI
                 must provide reports to the Board about trust accounts in
                 accordance with the regulations. This clause sets out what
                 information must be produced by a ADI, without charge, to
                 an approved external examiner.

                    Division 6—Statutory Deposits
Clause 3.3.62    sets out definitions of the terms "quarter" and "required
                 deposit amount" for the purposes of this Division.

Clause 3.3.63    sets out the formula for calculating the required deposit
                 amount.

Clause 3.3.64    requires a law practice that, or an approved clerk who, is
                 required to maintain a trust account to deposit the required
                 deposit amount with the Board in respect of each quarter
                 out of the trust money received by the practice or clerk.
                 These amounts must be paid by the Board into the Public
                 Purpose Fund. Failure to comply with this Division is
                 capable of constituting unsatisfactory professional conduct
                 or professional misconduct on the part of any principal of
                 the law practice.



                                     53
Clause 3.3.65   provides that the Board is to determine the required deposit
                amount for a law practice or an approved clerk in respect of
                a quarter as soon as practicable after the end of the previous
                quarter. This clause sets out when the required deposit
                amount must be deposited with the Board.

Clause 3.3.66   provides for the repayment of amounts deposited with the
                Board into the recipient's trust account.

Clause 3.3.67   provides that this Division does not apply to certain types
                of controlled money accounts.

Clause 3.3.68   provides that the Board may exempt a law practice or an
                approved clerk from any of the provisions of this Division
                for the period and subject to the conditions determined by
                the Board.

Clause 3.3.69   provides that, where a law practice or approved clerk has
                more than one trust account, this Division applies
                separately in respect of each trust account.

                  Division 7—Approval of Clerks
Clause 3.3.70   sets out the process for the approval of a natural person to
                receive money on account of the legal costs of one or more
                barristers.

                      Division 8—Miscellaneous
Clause 3.3.71   sets out the restrictions placed on the receipt of trust money
                by law practices.

Clause 3.3.72   sets out the restrictions placed on the receipt of trust money
                by interstate legal practitioners.

Clause 3.3.73   provides for the application of this Part to incorporated
                legal practices and multi-disciplinary partnerships.

Clause 3.3.74   provides for legal profession rules to make provision for or
                with respect to requiring a law practice or an approved
                clerk to notify a client that money entrusted to the practice
                or clerk is not, or is no longer, trust money and that
                accordingly the money may not be money to which Part 3.6
                (Fidelity Fund) applies.

Clause 3.3.75   sets out regulation-making powers under this Part.




                                    54
        PART 3.4—COSTS DISCLOSURE AND REVIEW

                       Division 1—Preliminary
Clause 3.4.1    sets out the purposes of this Part.

Clause 3.4.2    sets out definition used in this Part.

                Division 2—Application of this Part
Clause 3.4.3    sets out the application of this Part. This Part will apply if
                the client first instructs the law practice in relation to a
                matter in Victoria.

Clause 3.4.4    sets out other circumstances in which this Part can also
                apply in situations where the client agrees or elects for the
                Part to apply.

Clause 3.4.5    sets out the circumstances in which this Part can be
                displaced.

Clause 3.4.6    sets out the circumstances in which a client will be
                considered to have first instructed a law firm.

Clause 3.4.7    provides that the regulations may set out the circumstances
                or the rules that will be used to determine when a matter
                has a substantial connection with Victoria.

Clause 3.4.8    sets out how this Part will apply in conjunction with a
                corresponding law that may also apply to the matter.

                    Division 3—Costs Disclosure
Clause 3.4.9    sets out what a law practice must disclose to a client in
                respect of costs.

Clause 3.4.10   sets out what a law practice must disclose to a client in
                respect of costs when it retains another law practice on
                behalf of the client.

Clause 3.4.11   sets out how and when costs disclosure must be made.
                Disclosure must be made in writing before, or as soon as
                practicable after, the law practice has been retained in the
                matter. Where a law practice intends to retain another
                law practice on behalf of a client, disclosure must be made
                in writing before the second practice is retained.
                However, where a matter is urgent, disclosure may be
                made orally before the second practice is retained and
                confirmed in writing as soon as practicable afterwards.

                                     55
Clause 3.4.12   sets out exceptions to the requirement for disclosure.

Clause 3.4.13   sets out additional disclosure requirements placed on a law
                practice that must be complied with before the law practice
                negotiates a settlement on behalf of a client. The intention
                of this clause is to ensure that a client is aware of the
                estimated costs that the client will need to pay as a
                consequence of the settlement, including the costs of the
                other party if that is part of the settlement.

Clause 3.4.14   requires additional disclosure from a law practice where a
                costs agreement involves an uplift fee. Uplift fees are a
                premium on the legal costs that are payable if the outcome
                of the matter is successful.

Clause 3.4.15   sets out requirements in relation to the form of disclosure.
                The disclosure must be in clear plain language. Disclosures
                can be made in a language other than English if the client is
                more familiar with that language. If the law practice is
                aware the client cannot read, the law practice must ensure
                that the information relating to costs disclosure is conveyed
                orally as well as in writing.

Clause 3.4.16   places an obligation on a law practice to provide disclosure
                to a client if there is a substantial change to anything
                previously disclosed under this Division.

Clause 3.4.17   sets out the effect of a failure of the law practice to provide
                costs disclosure as required by this Division.

Clause 3.4.18   sets out the requirements placed on a law practice to
                provide a client with progress reports.

                 Division 4—Legal Costs Generally
Clause 3.4.19   sets out the basis on which legal costs are recoverable by a
                law practice from a client.

Clause 3.4.20   provides that a law practice may take reasonable security
                from a client for legal costs and may refuse or cease to act
                for a client who does not provide reasonable security for
                costs.

Clause 3.4.21   provides that interest can be charged on unpaid legal costs
                at a rate that does not exceed the rate fixed under section 2
                of the Penalty Interest Rates Act 1983. Interest may only
                be calculated from the period beginning 30 days after
                payment is demanded until the legal costs are paid.


                                     56
Clause 3.4.22   provide that the Legal Costs Committee, after consultation
                with the Board, may make practitioner remuneration orders.
                These orders set out the costs that may be charged by law
                practices for providing legal services other than in relation
                to litigious matters. This clause also sets out what may be
                included in a practitioner remuneration order.

Clause 3.4.23   provides for the publication and availability of a
                practitioner remuneration order.

Clause 3.4.24   provides for the tabling and disallowance of a practitioner
                remuneration order.

Clause 3.4.25   sets out the composition of the Legal Costs Committee.

                   Division 5—Costs Agreements
Clause 3.4.26   sets out who may enter into a costs agreement. This clause
                also provides that the agreement must be in writing or
                evidenced in writing. The agreement must be accepted in
                writing or by other conduct that is specified in the offer.
                A costs agreement cannot provide that the legal costs to
                which it relates are not subject to review under Division 7.
                If the costs agreement attempts to exclude review it will be
                void under clause 3.4.31.

Clause 3.4.27   provides for conditional costs agreements. Conditional
                costs agreements between a law practice and its clients
                provide for the practice to act on a "no-win-no-fee" basis,
                such that if the client's claim does not succeed, the client
                will not have to pay the practice's costs (but may have to
                pay disbursements). If the claim does succeed, the legal
                costs can be paid out of the amount recovered. Conditional
                costs agreement cannot be used in relation to criminal
                proceedings or proceedings under the Family Law Act 1975
                of the Commonwealth. This clause requires that the
                agreement contain specified information and that the
                agreement be written in clear plain English and signed by
                the client. Some of the requirements specified are not
                applicable to an agreement between a law practice and
                another law practice on behalf of a client.




                                    57
Clause 3.4.28   provides that a conditional costs agreement may involve
                the payment of an uplift fee. An uplift fee is a premium
                placed on the costs that is only payable on the successful
                outcome of the matter. The premium must be a specified
                percentage of the legal costs (excluding unpaid
                disbursements). If a conditional costs agreement relates to
                a litigious matter, the premium must not exceed 25% of the
                legal costs (excluding unpaid disbursements) otherwise
                payable. This clause also sets out a test applicable to the
                use of uplift fees. A conditional costs agreement cannot
                impose an uplift fee unless the law practice has a
                reasonable belief that a successful outcome of the matter
                is reasonably likely. If a law practice enters into an
                agreement in contravention of this clause, it may be subject
                to a penalty of up to 60 penalty units.

Clause 3.4.29   prohibits the use of contingency fees.

Clause 3.4.30   provides that a costs agreement may be enforced in the
                same way as any other contract subject to this Division and
                Division 7 (costs review). Furthermore, nothing in this Part
                prevents a person from making a complaint under Chapter 4
                in relation to legal costs that are subject to a costs
                agreement.

Clause 3.4.31   provides that certain costs agreements are void. Where a
                costs agreement contravenes, or is entered in contravention
                of, any provision of this Division it is void.

Clause 3.4.32   provides that a client may apply to VCAT to have a costs
                agreement set aside. VCAT may order it be set aside if
                satisfied that the agreement is not fair, just and reasonable.
                In making this determination, VCAT must have regard to
                several matters. VCAT may make an order in relation to
                the payment of legal costs in substitution of the agreement
                set aside. Before doing so, VCAT must have regard to the
                applicable scale of costs (if any) or practitioner
                remuneration order. If there is not an applicable scale or
                order then VCAT must determine the fair and reasonable
                costs have regard to several listed factors. However, VCAT
                cannot order the payment of an amount that the client
                would have had to pay had the costs agreement not been set
                aside. VCAT has the power to determine whether a costs
                agreement exists. VCAT may order the payment of the
                costs of and incidental to a hearing.




                                    58
                          Division 6—Billing
Clause 3.4.33   provides that a law practice must not commence legal
                proceedings to recover legal costs from a person until at
                least 65 days after the law practice has given a bill to the
                person. This 65 day period takes into account that once a
                person receives a bill they have 30 days to request an
                itemised bill. If they request an itemised bill, the person
                has a further 30 days to pay the bill or bring an application
                for costs review or make a civil complaint under Chapter 4
                in relation to a costs dispute. The 65 day period has been
                set to accommodate these time frames and allow a further
                5 days for notice of the application for costs review or the
                civil complaint to be served on the law practice to ensure
                that the law practice does not initiate proceedings before the
                time available to dispute the bill has expired. However, this
                clause does provide that a court of competent jurisdiction
                may allow proceedings to be commenced sooner if satisfied
                that a bill has been given to the person and the person is
                about to leave the jurisdiction.

Clause 3.3.34   provides that a bill may be in the form of a lump sum or an
                itemised bill. This clause sets out who must sign the bill
                and how the bill must be given to a person.

Clause 3.4.35   provides that the bill must be accompanied by a written
                statement setting out the avenues available to the recipient
                to dispute the bill and any time limits applicable to the
                taking of action to dispute the bill.

Clause 3.4.36   provides that a person may, within 30 days of receiving a
                lump sum bill, request an itemised bill from the law
                practice. A law practice is not entitled to charge a person
                for the preparation of an itemised bill requested under this
                clause.

Clause 3.4.37   provides that a law practice may give a person an interim
                bill. Legal costs that are the subject of an interim bill may
                be reviewed under Division 7.




                                    59
            Division 7—Costs Review by Taxing Master
Clause 3.4.38   provides that a client may apply to the Taxing Master
                for a review of the whole or part of a bill of costs.
                The application for a costs review may be made even if the
                legal costs have been wholly or partly paid. An application
                for costs review must be brought within 60 days after the
                bill was given or the request for payment was made or the
                costs were paid. The Taxing Master must deal with an
                application made out of time unless the taxing master
                considers that the law practice has established that to do
                so would cause unfair prejudice to the law practice.
                "Client" is a defined term for the purposes of this clause.

Clause 3.4.39   provides that a law practice that retains another law practice
                can apply to the Taxing Master for a review of whole or
                part of a bill given by the other law practice.
                An application must be made within 60 days after the bill
                is given or the request for payment is made and may be
                made even if the costs have been wholly or partly paid.
                An application cannot be made by a law practice under this
                clause if there is a separate costs agreement between the
                client and the other law practice.

Clause 3.4.40   provides that a law practice that has given a bill may apply
                for costs review of the bill by the Taxing Master.

Clause 3.4.41   provides that, if an application for costs review is made,
                there is no obligation on the parties to pay into court money
                on account of the legal costs that are the subject to the
                application.

Clause 3.4.42   provides for notification by the applicant for a costs review
                in accordance with the rules of the Supreme Court.

Clause 3.4.43   provides that if a party to a costs review does not attend the
                review, the Taxing Master may proceed with the review in
                the absence of that party. This clause provides that, if the
                law practice had provided a lump sum bill before providing
                an itemised bill, the law practice is not bound by the
                amount set out in the lump sum bill for the purposes of the
                review. This clause also provides that in reviewing legal
                costs in relation to a matter that is not a litigious matter, the
                Taxing Master must apply the relevant practitioner
                remuneration order (if any).

Clause 3.4.44   sets out the criteria that the Taxing Master must consider in
                conducting a costs review.


                                     60
Clause 3.4.45   sets out how the costs of a costs review are to be allocated
                between the parties.

Clause 3.4.46   provides that, if the Taxing Master forms the view that the
                legal costs charged by a law practice are grossly excessive,
                the Taxing Master must refer the matter to the
                Commissioner to determine whether disciplinary action
                should be taken. If the Taxing Master in conducting a costs
                review considers that any other matter may amount to
                unsatisfactory professional conduct or profession
                misconduct, the Taxing Master may refer the matter to the
                Commissioner to consider whether disciplinary action
                should be taken.

Clause 3.4.47   provides that a person may appeal a decision of the Taxing
                Master to the Supreme Court in accordance with the
                Supreme Court rules.

Clause 3.4.48   provides that, where legal costs have been the subject of a
                complaint under Chapter 4, they cannot be the subject of a
                costs review under this Division.

                      Division 8—Miscellaneous
Clause 3.4.49   provides that the regulations may provide that specified
                provisions of this Part do not apply to incorporated legal
                practices or multi-disciplinary partnerships or both or apply
                to them with specified modifications.

Clause 3.4.50   deals with imputed acts, omission or knowledge.

   PART 3.5—PROFESSIONAL INDEMNITY INSURANCE
Clause 3.5.1    contains definitions for this Part. For the purposes of this
                Part, a law practice does not include a community legal
                centre. Community legal centres have separate insurance
                requirements under clause 3.5.4.

Clause 3.5.2    requires a law practice (ie: an Australian legal practitioner
                who is a sole practitioner, a law firm, a multi-disciplinary
                partnership or an incorporated legal practice) to obtain
                professional indemnity insurance before commencing to
                engage in legal practice in Victoria and to maintain that
                insurance at all times while engaged in legal practice in
                Victoria. The insurance must cover civil liability of the law
                practice and all persons who are or were principals or
                employees of the law practice in connection with the



                                    61
               practice's legal practice and administration of trusts in
               Victoria.
               The insurance must be obtained with the Liability
               Committee unless the law practice is a barrister. Barristers
               may apply to the Liability Committee for insurance and
               the Committee can choose whether or not to insure them.
               Also, the Victorian Bar Council is empowered to resolve,
               on or before 28 February 2005, that all barristers are to
               insure with the Liability Committee. If it does, all
               barristers must insure with the Liability Committee.
               If barristers do not insure with the Liability Committee,
               their insurance must be on terms and conditions approved
               by the Board.

Clause 3.5.3   requires an Australian-registered foreign lawyer who
               practises foreign law in Victoria to maintain professional
               indemnity insurance on terms and conditions approved by
               the Board.

Clause 3.5.4   requires a community legal centre to obtain professional
               indemnity insurance on terms and conditions approved by
               the Board before commencing to engage in legal practice in
               Victoria, and to maintain that insurance at all times while
               engaged in legal practice in Victoria. The insurance must
               cover civil liability of the community legal centre and all
               persons who are or were directors, employees or contractors
               of, or volunteers in, the community legal centre in
               connection with the centre's legal practice and
               administration of trusts.

Clause 3.5.5   provides that a contract of professional indemnity insurance
               between the Liability Committee and a law practice is
               authorised by this Act for the purposes of the Trade
               Practices Act 1974 of the Commonwealth and the
               Competition Code.

Clause 3.5.6   allows the Liability Committee, with the approval of the
               Board, to determine the arrangements for professional
               indemnity insurance for law practices that insure with it.
               The Liability Committee, however, is not required to obtain
               the approval of the Board to determine any premiums or
               excesses in relation to contracts of professional indemnity
               insurance. The Liability Committee, in determining
               premiums and excesses, must have regard to certain factors
               relating to differentiation of risk and must also obtain and
               take into account actuarial advice.



                                   62
Clause 3.5.7   allows the Board to exempt law practices or community
               legal centres from the requirement to obtain or maintain
               professional indemnity insurance or to obtain or maintain
               that insurance with the Liability Committee. The Board is
               able to exempt a law practice from the requirement to
               obtain or maintain professional indemnity insurance with
               the Liability Committee if satisfied that—
                         the practice does not have an office in Victoria;
                          or
                         if the practice does have an office in Victoria, no
                          principal of the practice who holds a practising
                          certificate issued in Victoria engages in legal
                          practice at that office.
               The Board must exempt a law practice from the
               requirement to obtain or maintain professional indemnity
               insurance with the Liability Committee if satisfied that—
                         the practice has an office located in another
                          jurisdiction; and
                         a principal of the practice who holds a practising
                          certificate issued in that other jurisdiction
                          engages in legal practice at that office; and
                         the practice has professional indemnity insurance
                          in accordance with the requirements of a
                          corresponding law in that other jurisdiction; and
                         the insurance covers civil liability of the practice
                          and each person who is or was a principal or
                          employee of the practice in connection with the
                          legal practice of, and administration of trusts by,
                          the practice in Victoria.

                 PART 3.6—FIDELITY COVER

                      Division 1—Preliminary
Clause 3.6.1   provides for the purpose of the Part.

Clause 3.6.2   provides definitions for the Part.




                                   63
Clause 3.6.3   provides for the determination of the time at which a
               default (as defined) occurs. The default is taken to have
               occurred when the act or omission which gives rise to, or
               constitutes, the default took place. An omission is taken to
               have occurred on the day on or by which the act not
               performed should have taken place, or on another day
               which is determined by the regulations.

          Division 2—Defaults to which this Part Applies
Clause 3.6.4   provides for the meaning of "relevant jurisdiction" for an
               associate of a law practice whose act or omission gives rise
               to or constitutes a default of the practice.

Clause 3.6.5   provides that this Part applies to defaults of a law practice
               that arise from or are constituted by an act or omission of
               one or more associates of the practice, if Victoria is the
               relevant jurisdiction for the single associate (or one or more
               associates involved). This section also provides that this
               Part applies to a default of an approved clerk. It does not
               matter if the default occurred in another jurisdiction, nor
               does it matter if the act or omission giving rise to or
               constituting a default does not constitute a crime, or other
               offence under a Victorian, interstate, or Commonwealth
               law.

Clause 3.6.6   provides that this Part does not apply to defaults in relation
               to money or property entrusted to a law practice in relation
               to financial services, managed investment schemes or
               mortgage financing. Therefore defaults in relation to these
               cannot form the basis of claims against the Fidelity Fund.

                Division 3—Claims about Defaults
Clause 3.6.7   provides that, where a person suffers pecuniary loss as a
               result of a default, he or she may make a claim against the
               Fidelity Fund to the Board.

Clause 3.6.8   provides that a claimant must notify the Board of the
               default within 6 months after the person becomes aware of
               the default, or within a further period allowed by the Board,
               or within a period allowed by the Supreme Court.

Clause 3.6.9   provides that the Board may publish advertisements in
               relation to defaults by law practices or approved clerks,
               inviting claims by a fixed date.




                                   64
Clause 3.6.10   provides for the time limit for making claims following an
                advertisement.

Clause 3.6.11   provides that claims can be made about a law practice's
                default, even if there has been a change in status of the law
                practice or the associate concerned. A change in status may
                be a change in membership, directorship, or staffing, or the
                fact that the associate had stopped engaging in legal
                practice, holding a practising certificate, or died.

Clause 3.6.12   provides that the Board may investigate a claim made to it,
                in the way it considers appropriate. It may require a
                claimant to produce or deliver any security, document, or
                statement of evidence necessary to support a claim, to
                enable the Board to exercise its rights, or to enable a
                criminal proceeding to go ahead.

Clause 3.6.13   provides that the Board may make advance payments to
                claimants at its discretion, if it believes a claim is likely to
                be allowed, or the payment is warranted to relieve hardship.
                Any such payments are to be taken into account when the
                claim is determined.

                Division 4—Determination of Claims
Clause 3.6.14   provides that, the Board may determine a claim by wholly
                or partly disallowing it, or otherwise settling it.

Clause 3.6.15   provides that the maximum amount payable to a person as a
                result of a default must not exceed the actual amount of
                pecuniary loss suffered by the person.

Clause 3.6.16   provides that, where the Board wholly or partly allows a
                claim, the Board must order payment of the claimant's
                reasonable legal costs, unless there are special
                circumstances which warrant a reduction in the amount of
                costs payable, or a decision that no costs should be payable.
                If the Board wholly disallows a claim, it may order
                payment of the whole or part of the claimant's legal costs
                involved in making the claim, if the Board considers it
                appropriate. Costs are to be assessed on a solicitor and
                client basis.




                                     65
Clause 3.6.17   provides that in determining the amount of pecuniary loss
                resulting from a default, the Board will add interest on the
                amount payable, unless special circumstances exist which
                cause the Board to find that no interest amount should be
                paid. The interest will be calculated from the date on which
                the claim is made, to the date the Board notifies the
                claimant that the claim has been allowed. The rate will be
                calculated by reference to the method determined by the
                Attorney-General from time to time. If no determination is
                in force at the relevant time, interest will be calculated at
                the rate of 5%.

Clause 3.6.18   provides that a person is not entitled to recover from the
                Fidelity Fund any amount equal to amounts or benefits that
                have already been paid or received by the person.

Clause 3.6.19   provides that, on the payment of a claim from the Fidelity
                Fund, the Board is subrogated to the rights and remedies of
                the claimant against any person regarding a default.

Clause 3.6.20   provides that, where a claimant who has received a
                payment from the Fidelity Fund receives or recovers a
                payment on account of pecuniary loss, and there is a surplus
                after deducting the amount of pecuniary loss from the total
                amount received or recovered, the amount of surplus will
                be a debt payable by the claimant to the Fund. A claimant
                must notify the Board of the receipt or recovery of any
                payment on account of pecuniary loss within 60 days.
                There is a maximum penalty of 60 penalty units for a
                contravention of this requirement.

Clause 3.6.21   provides that, where the Board does not consider that it will
                determine a claim within 12 months, it must notify the
                claimant in writing, including a brief statement of reasons
                for the delay.

Clause 3.6.22   provides that the Board must notify the claimant about a
                decision it makes about the claim as soon as practicable.
                The notification must contain an information notice about
                the decision.

Clause 3.6.23   provides that a claimant may appeal to an appropriate court
                for a merits review of a decision of the Board to disallow or
                reduce the amount of a claim. The appeal must be lodged
                within 30 days of receiving the information notice.




                                    66
Clause 3.6.24   provides that a claimant can appeal to an appropriate court
                against the failure of the Board to decide a claim within
                12 months.

Clause 3.6.25   provides for evidence and defences in proceedings under
                clause 3.6.19 or 3.6.23.

       Division 5—Payment from Fidelity Fund for Defaults
Clause 3.6.26   provides that the regulations may prescribe caps on the
                maximum amounts payable, or the method of calculating
                maximum amounts that can be paid, from the Fidelity Fund
                regarding individual claims or classes of individual claims,
                and the maximum aggregate amount, or method of
                calculating the maximum aggregate amount, that may be
                paid from the Fidelity Fund regarding claims made in
                relation to individual law practices or approved clerks, or
                classes of law practices or approved clerks. Amounts that
                are paid from the Fidelity Fund cannot exceed those
                prescribed amounts. However, the Board may authorise a
                higher amount to be paid, if satisfied it would be reasonable
                in the circumstances.

Clause 3.6.27   provides for what the Board may do in the event the
                Fidelity Fund is not likely to be sufficient to meet its
                liabilities. This includes postponing payments, imposing
                levies and making partial payments.

        Division 6—Claims by Law Practices or Associates
Clause 3.6.28   provides for claims by law practices or associates in
                relation to defaults arising from acts or omissions of
                associates.

Clause 3.6.29   provides for claims which are remedied, avoided or reduced
                by a financial contribution by a law practice or associate.

        Division 7—Defaults Involving Interstate Elements
Clause 3.6.30   provides that the Board may treat a concerted interstate
                default as if the default consisted of 2 or more separate
                defaults. It also specifies how the Board may assess a
                claim about a concerted interstate default.

Clause 3.6.31   provides for defaults of law practices involving interstate
                elements that arise from an act or omission that was
                committed by one associate only.



                                    67
                Division 8—Inter-jurisdictional Provisions
Clause 3.6.32      provides for the Board to enter into protocols with
                   corresponding authorities in relation to matters under the
                   Part.

Clause 3.6.33      provides that the Board may forward claims to
                   corresponding authorities where the default appears to be
                   one to which a corresponding law applies.

Clause 3.6.34      provides that the Board may request a corresponding
                   authority to act as agent for the purposes of processing or
                   investigating a claim which appears to involve interstate
                   elements.

Clause 3.6.35      provides that the Board may act as an agent of a
                   corresponding authority for the purpose of processing or
                   investigating a claim which appears to involve a default
                   element in Victoria.

Clause 3.6.36      provides that the Board may request corresponding
                   authorities to act as agents for the purpose of processing or
                   investigating a claim, where a concerted interstate default,
                   or a default involving interstate elements, appears to have
                   occurred.

Clause 3.6.37      provides that, where the Board is acting as an agent for a
                   corresponding authority, it may make recommendations to
                   that authority about the claim.

Clause 3.6.38      provides that the Board may take into account the
                   recommendation of a corresponding authority that has been
                   acting as an agent in relation to a claim, but is not obliged
                   to do so.

Clause 3.6.39      provides that the Board may request a corresponding
                   authority to investigate an aspect of a claim it is dealing
                   with, and may also request a report to be provided on the
                   results of the investigation.

Clause 3.6.40      provides that the Board may investigate aspects of a claim
                   at the request of a corresponding authority, and may also
                   prepare a report on the results of its investigation.

Clause 3.6.41      provides that the Board may consult and co-operate with
                   corresponding authorities in relation to claims under this
                   Part.




                                       68
                       Division 9—Miscellaneous
Clause 3.6.42   provides that the regulations may prescribe that particular
                provisions of this Part, the Act, or the legal profession rules,
                do not apply to incorporated legal practices.

Clause 3.6.43   provides that the regulations may prescribe that particular
                provisions of this Part, the Act, or the legal profession rules,
                do not apply to multi-disciplinary practices.

Clause 3.6.44   provides that this Part still has application to those
                Australian legal practitioners whose practising certificates
                have lapsed. However, it does not apply if a certificate has
                been suspended or cancelled, or if a lawyer's application
                for grant or renewal has been refused. This has effect for
                6 months after the practising certificate lapses, or until an
                application for the grant or renewal of a certificate has been
                determined.

        CHAPTER 4—COMPLAINTS AND DISCIPLINE

       PART 4.1—INTRODUCTION AND APPLICATION

                       Division 1—Preliminary
Clause 4.1.1    sets out the purposes of this Chapter.

                Division 2—Application of Chapter
Clause 4.1.2    provides that this Chapter applies to the conduct of an
                Australian legal practitioner, whether or not—
                          the practitioner is admitted to the legal
                           profession under this Act; or
                          the practitioner holds a practising certificate
                           granted under this Act; or
                          the practitioner holds a practising certificate
                           granted under a corresponding Act of another
                           jurisdiction; or
                          the practitioner resides or has an office in
                           Victoria; or
                          the person making the complaint resides, works
                           or has an office in Victoria.



                                     69
               This Chapter also applies to the conduct of a law practice to
               the extent that the conduct gives rise to a civil dispute. It is
               noted that clause 2.8.8 also applies this Chapter to
               Australian-registered foreign lawyers.

Clause 4.1.3   provides that this Chapter applies to Australian lawyers
               (someone admitted to the legal profession but who does not
               hold a current practising certificate) and former Australian
               lawyers in relation to conduct occurring while they were
               Australian lawyers but not Australian legal practitioners in
               the same way as it applies to Australian legal practitioners
               and former Australian legal practitioners. This clause also
               provides that this Chapter applies to former Australian legal
               practitioners in relation to conduct occurring while they
               were Australian legal practitioners in the same way as it
               applies to persons who are Australian legal practitioners.

Clause 4.1.4   provides that this Chapter applies to conduct occurring in
               Victoria. The Chapter also applies to conduct occurring
               outside of Victoria but only in specified circumstances
               that allow a complaint to be dealt with under this Act.
               This Chapter will not apply to conduct occurring in Victoria
               if the conduct is capable of being dealt with under the
               corresponding Act of another jurisdiction and the
               Commissioner consents to a complaint being dealt with
               under the Act of the other jurisdiction or the parties
               concerned consent to it being dealt with under that Act.

Clause 4.1.5   provides that this Chapter applies to specific conduct of an
               Australian legal practitioner whether the conduct occurs
               inside or outside of Australia. The specific conduct is—
                         conduct of the practitioner in respect of which a
                          court makes a finding of guilt for a serious
                          offence, a tax offence or and offence involving
                          dishonesty; or
                         conduct of the practitioner as or in becoming an
                          insolvent under administration; or
                         conduct of the practitioner in becoming
                          disqualified from managing or being involved in
                          the management of any corporation under the
                          Corporations Act.




                                    70
               PART 4—MAKING A COMPLAINT
Clause 4.2.1   provides that a complaint may be made under this Chapter
               and may involve a civil complaint, a disciplinary complaint
               or both.

Clause 4.2.2   defines a "civil complaint" as a complaint about conduct to
               the extent that it involves a civil dispute. The clause also
               defines "civil dispute" for the purposes of the Chapter. It is
               not intended that this clause create any new substantive
               rights or cause of action. A civil complaint can be made
               about the conduct of an Australian legal practitioner, a law
               firm, a multi-disciplinary partnership, an incorporated legal
               practice or a community legal centre.

Clause 4.2.3   defines a "disciplinary complaint" as a complaint about
               conduct to the extent that the conduct, if established, would
               amount to unsatisfactory professional conduct or
               professional misconduct. A disciplinary complaint can be
               made about the conduct of an Australian legal practitioner.

Clause 4.2.4   sets out who may make a complaint under this Chapter.

Clause 4.2.5   provides that a complaint can be made to the
               Commissioner.

Clause 4.2.6   sets out the form and content of the complaint.

Clause 4.2.7   sets out the time limits for making a complaint.
               A complaint that involves a costs dispute must be made
               within 60 days after the legal costs were payable.
               However, if an itemised bill was requested in respect of the
               costs, a complaint must be made within 30 days after the
               request was complied with. The Commissioner is able to
               accept a complaint that involves a costs dispute made out of
               time for up to a further 4 months if satisfied that there was a
               reasonable cause for the delay in making the complaint and
               legal proceedings have not been commenced for the
               recovery or review of the legal costs that are the subject of
               the complaint. Other complaints must be made within
               6 years after the conduct complained about allegedly
               occurred. The Commissioner is able to accept a
               disciplinary complaint made out of time if satisfied that
               there was a reasonable cause for the delay in making the
               complaint or it is otherwise in the public interest to do so.




                                   71
Clause 4.2.8    requires the Commissioner to give written notice to a law
                practice or Australian legal practitioner of a complaint
                made about the practice or practitioner as soon as
                practicable after the complaint is made.

Clause 4.2.9    enables the Commissioner to require a person making a
                complaint to give further details of the complaint and to
                verify any details of the complaint.

Clause 4.2.10   enables the Commissioner to dismiss a complaint on
                specified grounds by giving written notice to the
                complainant. The notice must include the reasons for the
                dismissal.

Clause 4.2.11   sets out how a complaint is to be dealt with if it involves a
                civil complaint and how it is to be dealt with if it involves a
                disciplinary complaint. If a complaint involves both a civil
                complaint and a disciplinary complaint, each part of the
                complaint must be dealt with as appropriate to the subject-
                matter.

Clause 4.2.12   allows the Commissioner to produce information about the
                making of complaints and the procedure for dealing with
                complaints, to make information available to members of
                the public on request and to provide assistance to members
                of the public in making complaints.

Clause 4.2.13   provides that no fee is payable for any application to VCAT
                under this Chapter.

Clause 4.2.14   restricts the rights of complainants to claim compensation
                at VCAT by excluding losses for which the complainant
                has received or is entitled to receive compensation under a
                court or tribunal order, or a payment from the Fidelity
                Fund. A complainant who receives a compensation order
                may recover damages for pecuniary loss, provided that the
                court making the award takes the compensation order into
                account.

Clause 4.2.15   provides that if a client of a law practice or an Australian
                legal practitioner makes a complaint about the practice or
                practitioner, the client is taken to have waived legal
                professional privilege or the benefit of any duty of
                confidentiality to enable the practice or practitioner to
                disclose to the Commissioner any information necessary for
                investigating and dealing with the complaint.




                                    72
Clause 4.2.16      allows the Commissioner, after consultation with the Board,
                   to make an ex gratia payment to a person who makes a
                   complaint under this Chapter as compensation for loss
                   suffered as a result of the conduct of a law practice or
                   Australian legal practitioner if the Commissioner considers
                   it fair and equitable to do so. A court making an award of
                   damages in relation to the complaint must take the ex gratia
                   payment into account.

       PART 4.3—CIVIL COMPLAINTS AND DISPUTES

                     Division 1—Application of Part
Clause 4.3.1       provides that this Part applies to a complaint to the extent
                   that it involves a civil dispute, whether or not it also
                   involves a disciplinary complaint.

                Division 2—Dealing with Civil Complaints
Clause 4.3.2       provides that—
                             if a civil complaint is made about the conduct of
                              a law practice or an Australian legal practitioner
                              that gives rise to a civil dispute, the practice or
                              practitioner must not commence proceedings
                              against the complainant in relation to the subject
                              matter of the dispute after the practice or
                              practitioner has received notice of the complaint,
                              until the complaint is determined and any appeal
                              rights are exhausted;
                             if a civil complaint is made about the conduct of
                              an Australian legal practitioner that gives rise to
                              a civil dispute, the law practice of which the
                              practitioner is an associate must not commence
                              proceedings against the complainant in relation
                              to the subject matter of the dispute after
                              practitioner has received notice of the complaint,
                              until the complaint is determined and any appeal
                              rights are exhausted;




                                       73
                         if a complainant has made a complaint about the
                          conduct of a law practice or an Australian legal
                          practitioner that gives rise to a civil dispute, the
                          complainant must not commence proceedings
                          against the practice or practitioner in relation to
                          the subject matter of the dispute until the
                          complaint is determined and any appeal rights
                          are exhausted.

Clause 4.3.3   requires a complainant who makes a complaint that
               involves a costs dispute to lodge the unpaid amount of the
               legal costs with the Commissioner within 21 days after
               making the complaint, unless the Commissioner is satisfied
               that lodgement would cause the complainant undue
               hardship. The Commissioner must dismiss the complaint if
               the complainant fails to lodge the unpaid amount of the
               legal costs, and the Commissioner has not determined that
               the complainant need not pay the amount.

Clause 4.3.4   The Commissioner must deposit any costs lodged under
               clause 4.3.3 in an interest bearing account until the
               complaint is resolved or determined.

Clause 4.3.5   requires the Commissioner to attempt to resolve a civil
               dispute. The Commissioner is able to take any action that
               he or she considers necessary to assist the parties to reach
               agreement and may refer a dispute for mediation. In the
               case of a costs dispute, the Commissioner is able to arrange
               for a non-binding assessment of the legal costs and, for the
               purposes of such an assessment, may require the law
               practice or Australian legal practitioner concerned to
               provide any relevant documents or information.
               Anything said or done in the course of attempting to
               resolve a civil dispute is not admissible in any proceedings
               relating to the subject-matter of the dispute.

Clause 4.3.6   provides that where the Commissioner considers that a civil
               dispute is unlikely to be resolved or is not suitable for
               resolution by the Commissioner, the Commissioner must
               give written notice to each party to advise of this and to set
               out the parties' right to apply to VCAT for hearing and
               determination.




                                   74
Clause 4.3.7    provides that, where the Commissioner has not been able to
                resolve a civil dispute, either by mediation or by other
                means, the Commissioner must give written notice to each
                party to advise of this and to set out the parties' right to
                apply to VCAT for hearing and determination.

                        Division 3—Mediation
Clause 4.3.8    provides that this Division applies if the Commissioner
                refers a civil dispute for mediation.

Clause 4.3.9    requires the Commissioner to appoint a mediator from the
                panel of mediators to conduct the mediation.

Clause 4.3.10   provides that the mediator must attempt to resolve the civil
                dispute by mediation. This clause also provides that a party
                can attend the mediation personally or have representation.

Clause 4.3.11   provides that evidence of anything said or done in the
                course of mediation, and documents prepared for the
                purposes of mediation, are not admissible in any
                proceedings in a court or tribunal or before a person or
                body authorised to hear and receive evidence. This does
                not apply to an agreement reached during mediation.

Clause 4.3.12   provides that if, following mediation, the parties to the
                civil complaint reach agreement, the mediator must prepare
                a written record of the agreement to be signed by or on
                behalf of the parties and certified by the mediator.
                Such agreements are enforceable by filing in the
                Magistrates' Court.

Clause 4.3.13   provides for what happens if a party does not attend a
                mediation. If it is the complainant who does not attend the
                mediation, the Commissioner may dismiss the civil
                complaint. If it is the law practice or Australian legal
                practitioner who does not attend, the Commissioner must
                inform the complainant of their right to apply to VCAT to
                have the complaint heard and determined.

Clause 4.3.14   requires the mediator to advise the Commissioner if
                mediation is not successful as soon as practicable.




                                   75
     Division 4—Resolution of Civil Disputes by the Tribunal
Clause 4.3.15   allows a party who has been notified by the Commissioner
                that their civil dispute is unlikely to be resolved or is
                unsuitable for resolution by the Commissioner, or that
                dispute resolution has failed, to make an application to
                VCAT for resolution of that complaint. A complainant can
                also make an application if notified by the Commissioner
                that the other party failed to attend mediation.
                An application must be made within 60 days after the party
                received the relevant notice from the Commissioner.
                VCAT is not able to hear an application unless the notice
                from the Commissioner is filed with the application.

Clause 4.3.16   provides that the parties to a proceeding in VCAT for the
                resolution of a civil dispute are the complainant, the law
                practice or Australian legal practitioner about whom the
                complaint was made and any person joined by VCAT.

Clause 4.3.17   sets out the orders that VCAT may make in relation to a
                civil dispute that is the subject of an application.

PART 4.4—DISCIPLINARY COMPLAINTS AND DISCIPLINE

                  Division 1—Application of Part
Clause 4.4.1    provides that this Part applies to a complaint to the extent
                that it is a disciplinary complaint, whether or not it involves
                a civil dispute, and to the investigation of the conduct of an
                Australian legal practitioner when a disciplinary complaint
                has not been made or has been withdrawn.

                      Division 2—Key Concepts
Clause 4.4.2    provides for the meaning of "unsatisfactory professional
                conduct".

Clause 4.4.3    provides for the meaning of "professional misconduct".

Clause 4.4.4    provides for conduct that is capable of being unsatisfactory
                professional conduct or professional misconduct.

Clause 4.4.5    provides for conduct that is unsatisfactory professional.

Clause 4.4.6    provides for conduct that is professional misconduct.




                                    76
                       Division 3—Investigations
Clause 4.4.7    requires the Commissioner to investigate a disciplinary
                complaint unless it has been withdrawn, referred to a
                prescribed investigatory body in Victoria or referred to a
                corresponding authority in another jurisdiction.

Clause 4.4.8    allows the Commissioner to investigate the conduct of an
                Australian legal practitioner even though no complaint has
                been made about the conduct, or a complaint has been
                withdrawn, if the Commissioner believes that the conduct
                could amount to unsatisfactory professional conduct or
                professional misconduct.

Clause 4.4.9    allows the Commissioner to refer a disciplinary complaint
                to a prescribed investigatory body for investigation.
                The Commissioner may give directions about the way in
                which the investigatory body is to carry out the
                investigation and can give the investigatory body a
                timeframe in which to report to the Commissioner on the
                investigation.

Clause 4.4.10   sets out what a prescribed investigatory body must do if the
                Commissioner refers the investigation of a complaint to it.
                The investigatory body must investigate the complaint and
                report back to the Commissioner with a recommendation as
                to what action, if any, the Commissioner should take as a
                result of the investigation. After receiving the report, the
                Commissioner can deal with the matter as provided for in
                clause 4.4.13. Alternatively, the Commissioner can require
                the investigatory body to investigate the complaint further
                and report back, or further investigate the complaint himself
                or herself.

Clause 4.4.11   allows the Commissioner or a prescribed investigatory body
                to require an Australian legal practitioner who is the subject
                of an investigation to provide an explanation of the conduct
                in question and any other information or documents.
                The Commissioner or investigatory body is also able to
                require the following to provide information or documents
                for the purpose of an investigation—
                         a law practice, or an associate of a law practice,
                          of which the practitioner subject to the
                          investigation is an associate;
                         an Australian legal practitioner who is not
                          subject to an investigation;


                                    77
                           an authorised deposit-taking institution or an
                            external examiner.
                 Any requirement by the Commissioner or investigatory
                 body for information or documents has to be in writing and
                 must give the person or body at least 14 days to comply.

Clause 4.4.12    requires an investigation under this Division to be
                 conducted expeditiously. This clause also requires the
                 Commissioner to report to the complainant about the
                 progress of an investigation at least every 6 months. If an
                 investigation has been referred to a prescribed investigatory
                 body, that body must provide the Commissioner with
                 information so that the Commissioner can report to the
                 complainant.

Clause 4.4.13    sets out the action to be taken by the Commissioner after
                 completing an investigation into an Australian legal
                 practitioner's conduct. Where the Commissioner is satisfied
                 that there is a reasonable likelihood that the practitioner
                 would be found guilty of professional misconduct, the
                 Commissioner must make an application to VCAT to have
                 the matter heard and determined. If satisfied that there is a
                 reasonable likelihood that the practitioner would be found
                 guilty of unsatisfactory professional conduct, the
                 Commissioner may make an application to VCAT, or may
                 reprimand or caution the practitioner (providing the
                 practitioner consents) or take no action. If satisfied that
                 there is no reasonable likelihood that the practitioner would
                 be found guilty of professional misconduct or
                 unsatisfactory professional conduct, the Commissioner
                 must take no further action against the practitioner.

Clause 4.4.14    requires the Commissioner to give written notice of his or
                 her decision under clause 4.4.13.

                Division 4—Proceedings in the Tribunal
Clause 4.4.15    gives VCAT jurisdiction to hear and determine an
                 application brought by the Commissioner against an
                 Australian legal practitioner after an investigation into the
                 practitioner's conduct.

Clause 4.4.16    provides that if, after hearing an application against an
                 Australian legal practitioner, VCAT is satisfied that the
                 practitioner is guilty of unsatisfactory professional conduct
                 or professional misconduct, it may make any one or more
                 of the orders specified in clauses 4.4.17, 4.4.18 or 4.4.19.


                                     78
                VCAT also has jurisdiction under the Victorian Civil and
                Administrative Tribunal Act 1998 to grant injunctions
                and interim injunctions, to make declarations and to make
                further orders and impose conditions on orders.
                Those further orders include orders for costs. Clause 46D
                of Part 13A of Schedule 1 to the Victorian Civil and
                Administrative Tribunal Act 1998 provides that VCAT
                must make an order requiring an Australian legal
                practitioner whom it has found guilty of unsatisfactory
                professional conduct or professional misconduct to pay
                costs unless VCAT is satisfied that exceptional
                circumstances exist. VCAT must not make an order for
                costs against the Commissioner unless satisfied that special
                circumstances make it appropriate to do so.

Clause 4.4.17   sets out the orders that VCAT may make that require
                implementation in Victoria by the Supreme Court or by the
                Board.

Clause 4.4.18   sets out the orders that VCAT may make that require
                implementation by a court or regulatory body in a
                jurisdiction outside of Victoria.

Clause 4.4.19   sets out the orders that VCAT may make that require
                compliance by the Australian legal practitioner against
                whom they are made.

Clause 4.4.20   allows VCAT to make a finding that an Australian legal
                practitioner against whom an application alleging
                professional misconduct has been made is guilty of
                unsatisfactory conduct instead.

                       Division 5—Rehearings
Clause 4.4.21   allows a party to apply for a rehearing of an application
                within 28 days of VCAT making its order. A person cannot
                apply for a rehearing if the charge was initially heard and
                determined by a judicial member of VCAT. A person
                cannot apply for a rehearing of a rehearing.

Clause 4.4.22   provides that a party to the proceeding on an application
                under clause 4.4.13 is also a party to a rehearing of the
                application.




                                    79
Clause 4.4.23   gives VCAT jurisdiction to rehear an application and
                determine whether to affirm the original order of VCAT,
                vary the original order or set aside the original order and
                make another order in substitution for it. For the purposes
                of a rehearing, VCAT has all the functions and powers that
                it had with respect to the matter at first instance.
                Clause 46C of Part 13A of Schedule 1 to the Victorian
                Civil and Administrative Tribunal Act 1998 provides for
                the constitution of VCAT for the purpose of a rehearing.

Clause 4.4.24   provides that an application for a rehearing does not affect
                the operation of any original order to which the application
                relates, unless VCAT orders that the operation of the
                original order is stayed pending the determination of the
                rehearing.

            Division 6—Publicising Disciplinary Action
Clause 4.4.25   contains definitions for this Division, including a definition
                of "disciplinary action".

Clause 4.4.26   provides that there is to be a register of disciplinary action
                taken under this Act against Australian legal practitioners
                and disciplinary action taken under a corresponding law of
                another jurisdiction against Australian legal practitioners
                who are or were enrolled or practising in Victoria when the
                conduct that is the subject of the disciplinary action
                occurred. This clause also sets out the details that are to be
                included on the Register. This information can only be kept
                on the Register for a period of 5 years after the disciplinary
                action is taken, unless the disciplinary action has effect for
                a period of more than 5 years, in which case the
                information can only be kept for the period for which the
                disciplinary action has effect.

Clause 4.4.27   provides that the Register of disciplinary action be made
                available for public inspection.

Clause 4.4.28   allows the Board to publicise disciplinary action taken
                against an Australian legal practitioner in any manner it
                thinks appropriate in addition to the Register of disciplinary
                action.

Clause 4.4.29   provides that information about disciplinary action taken
                against an Australian legal practitioner must not be
                published or made available by the Board until all appeal
                avenues open to the practitioner have been exhausted, or
                the time within which appeals can be lodged has lapsed.


                                    80
Clause 4.4.30      allows a person against whom disciplinary action was
                   taken, or their legal personal representative, the
                   Commissioner or the Board, to apply to the Tribunal for an
                   order that the disciplinary action taken not be recorded in
                   the Register of disciplinary action, or otherwise published,
                   on the basis that the person had an infirmity, injury or
                   mental or physical illness at the time the action was taken.

Clause 4.4.31      provides that the publicising of disciplinary action under
                   this Division is subject to the obligations imposed under
                   clause 6.4.5 on the Board, the Commissioner, employees
                   and consultants of the Commissioner, delegates of the
                   Board and Commissioner and mediators, regarding the
                   disclosure of information. This clause also provides that
                   the publicising of disciplinary action under this Division is
                   subject to any order restricting or prohibiting the disclosure
                   of information made by VCAT, a corresponding
                   disciplinary body in another jurisdiction under a
                   corresponding law, or a court or tribunal in Victoria or in
                   another jurisdiction.

                Division 7—Inter-jurisdictional Provisions
Clause 4.4.32      provides that the Commissioner may enter into
                   arrangements ("protocols") with corresponding authorities
                   in another jurisdiction about investigating and dealing with
                   conduct that appears to have occurred in more than one
                   jurisdiction.

Clause 4.4.33      allows the Commissioner to request that another
                   jurisdiction investigate any aspect of a complaint or
                   investigate any aspect of the conduct of an Australian legal
                   practitioner being investigated by the Commissioner in the
                   absence of a complaint, and to provide a report of the result
                   of the investigation.

Clause 4.4.34      allows the Commissioner to investigate any aspect of a
                   complaint or any aspect of the conduct of an Australian
                   legal practitioner being investigated in the absence of a
                   complaint under a corresponding law in another
                   jurisdiction, and to provide a report of the result of the
                   investigation.




                                       81
Clause 4.4.35   provides for the sharing of relevant information with
                corresponding authorities about complaints and
                investigations under this Part.

Clause 4.4.36   allows the Commissioner to consult, co-operate and
                exchange information with corresponding authorities when
                dealing with a complaint or conducting an investigation.

Clause 4.4.37   provides for compliance with certain orders made under
                corresponding laws in jurisdictions outside Victoria.

Clause 4.4.38   provides that nothing in this Division affects any functions
                that a person or body has apart from this Division.

                     Division 8—Miscellaneous
Clause 4.4.39   provides that nothing in this Part affects or takes away from
                the inherent power of the Supreme Court to discipline local
                legal practitioners and interstate legal practitioners engaged
                in legal practice in Victoria. This preserves the Court's
                common law powers over persons admitted to practice by
                the Court.

          CHAPTER 5—EXTERNAL INTERVENTION

       PART 5.1—INTRODUCTION AND APPLICATION
Clause 5.1.1    sets out the purposes of this Chapter.

Clause 5.1.2    contains definitions for this Chapter.
                "External intervention" is defined as meaning the
                appointment of, and performance of the functions of, a
                supervisor, manager or receiver under this Chapter.

Clause 5.1.3    provides that the Chapter applies to Australian-registered
                foreign lawyers in the same way as it applies to law
                practices.

Clause 5.1.4    provides for the application of the Chapter to other
                specified persons in the same way as it applies to law
                practices.




                                    82
  PART 5.2—INITIATION OF EXTERNAL INTERVENTION
Clause 5.2.1   sets out the circumstances warranting external intervention.

Clause 5.2.2   empowers the Board, in specified circumstances, to—
                         appoint a supervisor of trust money received by a
                          law practice; or
                         appoint a manager for a law practice; or
                         apply to the Supreme Court for the appointment
                          of a receiver for a law practice.

                   PART 5.3—SUPERVISORS
Clause 5.3.1   provides for the appointment by the Board of a supervisor
               of trust money received by a law practice. A supervisor
               must be either an Australian legal practitioner who holds a
               practising certificate as a principal authorising the receipt of
               trust money or a person holding accounting qualifications
               with experience in law practices' trust accounts. The clause
               also sets out the matters that must be specified in the
               instrument that appoints the supervisor and allows the
               Board to include in the instrument of appointment any
               reporting requirements to be observed by the supervisor.

Clause 5.3.2   requires the Board to serve a notice of the appointment of
               the supervisor on the practice, the authorised deposit-taking
               institution with which any trust account of the law practice
               is maintained and on other specified persons. The clause
               also sets out the matters that must be included in the notice
               of appointment.

Clause 5.3.3   describes the effect of the service of the notice of
               appointment of the supervisor on the authorised deposit-
               taking institution with which any trust account of the law
               practice is maintained and on other specified persons.

Clause 5.3.4   gives a supervisor the powers and duties of the practice in
               relation to the trust money but provides that the supervisor
               does not have a role in the management of the affairs of the
               law practice except in so far as they relate to trust accounts.

Clause 5.3.5   sets out a supervisor's powers of entry, search, seizure and
               questioning for the purposes of exercising his or her duties
               as a supervisor of trust money.




                                    83
Clause 5.3.6   provides for how a supervisor is to keep the records of his
               or her dealings with the trust money. The supervisor must
               deal with trust money in the same way as a law practice
               must deal with trust money.

Clause 5.3.7   sets out the circumstances in which the appointment of a
               supervisor is terminated. The Board must serve a written
               notice of the termination on all persons originally served
               with the notice of the appointment.

                     PART 5.4—MANAGERS
Clause 5.4.1   provides for the appointment by the Board of a manager for
               a law practice. A manager must be an Australian legal
               practitioner who holds a practising certificate as a principal
               authorising the receipt of trust money. The clause also sets
               out the matters that must be specified in the instrument that
               appoints the manager and allows the Board to include in the
               instrument of appointment any reporting requirements to be
               observed by the manager.

Clause 5.4.2   requires the Board to serve a notice of the appointment of
               the manager on the practice, the authorised deposit-taking
               institution with which any trust account of the law practice
               is maintained and on other specified persons. The clause
               also sets out the matters that must be included in the notice
               of appointment.

Clause 5.4.3   describes the effect of the service of the notice of
               appointment of the manager on the authorised deposit-
               taking institution with which any trust account of the law
               practice is maintained and on other specified persons,
               including a legal practitioner associate of the practice.

Clause 5.4.4   gives a manager the power to do all things in relation to the
               practice that the practice or a legal practitioner associate of
               the practice might lawfully have done.

Clause 5.4.5   sets out a manager's powers of entry, search, seizure and
               questioning for the purposes of exercising his or her duties
               as a manager for a law practice.

Clause 5.4.6   provides for how a manager is to keep the records and
               accounts of the practice that he or she manages.
               The manager must deal with trust money of the practice
               in the same way as a law practice must deal with trust
               money.



                                   84
Clause 5.4.7   provides that the manager has a duty to co-operate with the
               legal personal representative of a deceased legal
               practitioner associate for the winding up of the estate.

Clause 5.4.8   sets out the circumstances in which the appointment of a
               manager is terminated. The clause provides for the former
               manager to deliver the property and client files of the law
               practice to any other external intervener appointed for the
               practice or to the practice if another external intervener is
               not appointed. The former manager does not have to
               transfer and deliver property and files to the law practice
               unless the expenses of the receivership have been paid to
               the Board. The Board must serve a written notice of the
               termination on all persons originally served with the notice
               of the appointment.

                     PART 5.5—RECEIVERS
Clause 5.5.1   empowers the Board to apply to the Supreme Court for the
               appointment of a receiver for a law practice. The Supreme
               Court is able to close the Court to specified people before
               hearing an application for the appointment of a receiver.
               A receiver must be either an Australian legal practitioner
               who holds a practising certificate as a principal authorising
               the receipt of trust money or a person holding accounting
               qualifications with experience in law practices' trust
               accounts. The clause also sets out the matters that must be
               specified in the court order appointing the receiver and
               allows the Supreme Court to include in its order any
               reporting requirements to be observed by the receiver.

Clause 5.5.2   requires the Board to serve a notice of the appointment of
               the receiver on the practice, the authorised deposit-taking
               institution with which any trust account of the law practice
               is maintained and on other specified persons. The clause
               also sets out the matters that must be included in the notice
               of appointment.

Clause 5.5.3   describes the effect of the service of the notice of
               appointment of the receiver on the authorised deposit-
               taking institution with which any trust account of the law
               practice is maintained and on other specified persons,
               including a legal practitioner associate of the practice.




                                   85
Clause 5.5.4   provides that the role of a receiver is to be the receiver of
               regulated property of the practice and to wind up and
               terminate the affairs of the practice. The Supreme Court
               may authorise a receiver who is an Australian legal
               practitioner who holds a practising certificate as a principal
               authorising the receipt of trust money to carry on the legal
               practice engaged in by the law practice. If the receiver is
               not an Australian legal practitioner who holds such a
               practising certificate, the Supreme Court may authorise
               another Australian legal practitioner who holds a practising
               certificate as a principal authorising the receipt of trust
               money to carry on the legal practice on behalf of the
               receiver. The person authorised to carry on the legal
               practice has all the powers of a manager and is taken to
               have been appointed as manager for the law practice.

Clause 5.5.5   provides for how a receiver is to keep the records and
               accounts of the practice that he or she manages.
               The receiver must deal with trust money of the practice
               in the same way as a law practice must deal with trust
               money.

Clause 5.5.6   empowers a receiver to take possession of regulated
               property of the practice. The receiver may apply to the
               Supreme Court for an order authorising a person, together
               with a member of the police force to enter premises, and to
               search for, seize and remove property of which the receiver
               is entitled to take possession.

Clause 5.5.7   empowers a receiver to require another person to deliver
               regulated property of the law practice to the receiver. It is
               an offence for a person under an obligation to deliver
               regulated property to a law practice, not to deliver the
               regulated property to the receiver.

Clause 5.5.8   allows a receiver to deal with the regulated property of a
               law practice in any manner in which the law practice might
               lawfully have dealt with the property.

Clause 5.5.9   empowers a receiver to require a person to provide
               documents and information that the receiver reasonably
               requires. It is an offence for a person who is required to
               provide such documents or information, not to provide
               them to the receiver.




                                   86
Clause 5.5.10   allows the receiver to apply to the Supreme Court for an
                order that a person be examined by the receiver about
                regulated property of the law practice.

Clause 5.5.11   allows the receiver to give notice to a legal practitioner
                associate who claims a lien for costs on regulated property
                of the practice, requiring the legal practitioner associate to
                submit details of the claim and a detailed bill of costs
                within a specified period. The legal practitioner associate
                may make a request in writing to the receiver for access to
                the regulated property in order to prepare the bill of costs.
                If a legal practitioner associate does not comply with a
                notice from the receiver, the receiver may disregard the
                legal practitioner associate's claim.

Clause 5.5.12   provides that regulated property for which a receiver has
                been appointed is not liable to taken, levied on or attached
                under any judgment, order or process of any court or any
                other process.

Clause 5.5.13   deems the receiver to be the person from whom money was
                stolen or embezzled for the purposes of section 2.6.3 of the
                Gambling Regulation Act 2003. (That provision allows a
                person from whom money is stolen and paid away in bets to
                recover the money from the person to whom the money was
                paid).

Clause 5.5.14   allows the receiver to recover regulated property that has
                been taken or paid or transferred, or the value of property
                that has been used, in breach of trust. For this purpose, a
                person approved by the Board may certify certain matters
                related to the receipt, taking, payment or transfer of
                regulated property, the nature and value of the property,
                trust account entries and other money or securities held by
                the law practice.

Clause 5.5.15   provides that a person who destroys, conceals or removes
                property with intent to defeat the operation of this Part is
                guilty of an indictable offence.

Clause 5.5.16   provides that the receiver for a law practice has a duty to
                co-operate with the legal personal representative of a
                deceased legal practitioner associate for the winding up of
                the estate.




                                    87
Clause 5.5.17   sets out the circumstances in which the appointment of a
                receiver is terminated. The Board, the receiver or a
                principal of the law practice for which the receiver was
                appointed are all able to apply to the Supreme Court for an
                order that the appointment be terminated. Where such an
                application is made, the Court may make any order it thinks
                fit, including appointing another receiver. If the Court
                terminates the receiver's appointment, the former receiver
                must deliver the regulated property of the law practice to
                any other external intervener appointed for the practice, or
                to the practice if another external intervener is not
                appointed, or to another person approved by the Court if it
                is not practicable to transfer the property to the practice.
                The former receiver does not have to transfer and deliver
                regulated property to the law practice unless the expenses
                of the receivership have been paid to the Board. The Board
                must serve a written notice of the termination on all persons
                originally served with the notice of the appointment.

                       PART 5.6—GENERAL
Clause 5.6.1    provides that the appointment of a supervisor, manager or
                receiver is subject to any conditions imposed by the Board
                or Supreme Court, or by or under the regulations.

Clause 5.6.2    provides that an act done or omitted to be done by a
                supervisor, manager or receiver is taken to have been done
                or omitted to be done by the law practice for the purposes
                of any proceeding or any transaction that relies on that act
                or omission but does not subject the law practice or an
                associate of a law practice to any personal liability.

Clause 5.6.3    provides that a person appointed as a supervisor, manager
                or receiver is eligible for reappointment as an external
                intervener.

Clause 5.6.4    provides for appeals against an appointment of a supervisor,
                manager or receiver. An appeal can be made by the law
                practice for which the external intervener was appointed, an
                associate of the practice, any person authorised to operate a
                trust account of the practice or any other person whose
                interests are adversely affected by the appointment. In the
                case of the appointment of a supervisor or manager, the
                appeal must be made to the Supreme Court. In the case of
                the appointment of a receiver, the appeal must be to the
                Court of Appeal.



                                    88
Clause 5.6.5    allows the supervisor, manager or receiver, or a principal of
                the law practice or another person affected by the external
                intervention to apply to the Supreme Court for directions in
                relation to any matter affecting the intervention or the
                intervener's powers, duties or functions.

Clause 5.6.6    empowers a supervisor, manager or receiver to require an
                authorised deposit-taking institution in which the law
                practice has or has had an account to disclose information
                and permit access to accounts.

Clause 5.6.7    provides that a supervisor, manager and receiver is entitled
                to be paid fees by way of remuneration and the legal costs
                and the expenses incurred in relation to the external
                intervention. The Board is able to apply to have an account
                of the external intervener reviewed or assessed. The fees,
                costs and expenses are payable by and recoverable from the
                law practice. Fees, costs and expenses not paid by the law
                practice are payable from the General Account of the Public
                Purpose Fund. The Board may recover any unpaid fees,
                costs and expenses from the law practice.

Clause 5.6.8    provides for the reporting requirements for a supervisor,
                manager or receiver. A supervisor, manager or receiver
                must also keep the Board informed of the progress of the
                external intervention.

Clause 5.6.9    provides that a supervisor, manager or receiver, and an
                employee or agent of the supervisor, manager or receiver,
                must not disclose information obtained as a result of the
                external intervention except so far as is necessary for
                performing his or her functions. However, an external
                intervener or an employee or agent of an external intervener
                may disclose information to specified persons or bodies.

Clause 5.6.10   allows the Board to reimburse a supervisor, manager or
                receiver out of the Public Purpose Fund for damages and
                costs recovered against the external intervener, or the
                external intervener's employees or agents, for any acts or
                omissions done or omitted in good faith under the powers
                and duties conferred or imposed on the external intervener
                or the external intervention.




                                    89
    CHAPTER 6—REGULATORY BODIES AND FUNDING

         PART 6.1—INTRODUCTION AND OVERVIEW
Clause 6.1.1    sets out the purpose of this Chapter.

Clause 6.1.2    sets out an outline of the contents of this Chapter.

               PART 6.2—LEGAL SERVICES BOARD

                        Division 1—The Board
Clause 6.2.1    provides for the establishment of the Legal Services Board
                as a body corporate with perpetual succession. This clause
                also provides for the common seal of the Board.

Clause 6.2.2    provides that the Board is a public authority but does not
                represent the Crown.

Clause 6.2.3    sets out the objectives of the Board.

Clause 6.2.4    sets out the functions and powers of the Board. The Board
                has the functions conferred on it by or under this or any
                other Act as well as all the powers necessary to perform its
                functions and achieve its objectives.

                       Division 2—Membership
Clause 6.2.5    provides for the membership of the Board. The Board
                consists of—
                          a chairperson appointed by the Governor in
                           Council on the recommendation of the Attorney-
                           General;
                          3 members elected by local legal practitioners
                           (one local legal practitioner who has practised as
                           a barrister for not less than 5 years and 2 local
                           legal practitioners who have practised other than
                           as barristers for not less than 5 years); and
                          3 members appointed by the Governor in
                           Council on the recommendation of the Attorney-
                           General.
                This clause also provides that the Public Sector
                Management and Employment Act 1998 does not apply
                to a member of the Board.


                                    90
Clause 6.2.6   provides for the appointment of the chairperson and deputy
               chairperson of the Board. The chairperson is appointed by
               the Governor in Council on the recommendation of the
               Attorney-General. The chairperson holds office for a term
               of 4 years and is eligible for reappointment. The deputy
               chairperson is one of the other members of the Board
               appointed by the Governor in Council, on the
               recommendation of the Attorney-General.

Clause 6.2.7   ensures that if a judge or former judge is appointed as
               chairperson, the appointment does not affect the tenure of
               office of the judge nor any other matter connected with the
               office of the judge. This clause also ensures that the office
               of chairperson is not to be taken to be a judicial office or an
               office or place of profit under the Crown.

Clause 6.2.8   provides for the election of members to the Board.
               The elected members are—
                         one local legal practitioner who has practised as
                          a barrister for not less than 5 years—referred to
                          as the advocate member; and
                         2 local legal practitioners who have practiced
                          other than as a barrister for not less than
                          5 years—referred to as non-advocate members.
               The election of elected members is dealt with in
               Schedule 1. An elected member holds office from and
               including 1 July immediately following his or her election
               for a period of 4 years.

Clause 6.2.9   provides for the appointment of the appointed members of
               the Board. 3 members are appointed by the Governor in
               Council on the recommendation of the Attorney-General.
               To be eligible for an appointment a person must not be, or
               have been, an Australian lawyer; or eligible to be admitted
               as an Australian lawyer. The use of the term "eligible"
               means that only a person who has completed the academic
               and professional legal training necessary for admission is
               excluded from being an appointed member of the Board.
               This clause also provides that one of the appointed
               members must have experience in financial and prudential
               management and one must represent the interests of
               consumers of legal services. An appointed member holds
               office for 4 years and is eligible for re-appointment.




                                   91
Clause 6.2.10    provides for the payment of members. All members
                 (except the chairperson if he or she is a judge other than a
                 reserve judge) are to receive remuneration and allowances
                 that are fixed by the Governor in Council from time to time.

Clause 6.2.11    provides for acting appointments. The Governor in Council
                 may appoint a person to act as a member of the Board
                 where a member vacates his or her office or if a member is
                 absent, or is otherwise unable to perform the duties of
                 office. An acting appointment to replace an elected
                 member can only be made following consultation with
                 each professional association. An acting appointment is
                 for the term specified in the instrument of appointment.
                 However, where an acting appointment is necessary to
                 replace an elected member, the term of the appointment can
                 not exceed 4 months. An acting member has all the powers
                 and duties of the member he or she replaces. An acting
                 member is entitled to be paid the same remuneration and
                 allowances as the member he or she replaces. An acting
                 member is eligible for re-appointment. The Governor in
                 Council may at any time terminate an acting appointment.

Clause 6.2.12    sets out the circumstances when the office of a member will
                 become vacant.

Clause 6.2.13    deals with casual vacancies of elected members. If the
                 office of an elected member becomes vacant an election
                 must be held in accordance with Schedule 1 to fill the
                 vacancy. This requirement does not apply where there is
                 less than 4 months left before the expiry of the term of the
                 member vacating office.

                Division 3—Performance and Functions
Clause 6.2.14    provides for meetings of the Board.

Clause 6.2.15    provides for conflicts of interest of members of the Board.
                 If a member has a personal interest in a matter being
                 considered by the Board and the interest appears to raise a
                 conflict of interest the member must declare the nature of
                 interest at a meeting of the Board. Failure to declare the
                 nature of interest is subject to a penalty of up to 5 penalty
                 units. When a declaration is made, the person presiding at
                 the meeting must ensure that a record is made of the
                 declaration in the minutes of the meeting. Where a member
                 is aware of the conflict of interest in a matter, the member
                 must not be present during any deliberations on the matter
                 unless the Board directs otherwise. The member is not

                                     92
                entitled to vote on the matter and if the member does vote
                the vote must be disallowed. This clause also sets
                circumstances when a member is not regarded as having a
                conflict of interest.

Clause 6.2.16   provides for resolutions of the Board without meetings.

Clause 6.2.17   provides that an act or decision of the Board is not invalid
                only because of a defect or irregularity in the appointment
                of a member or an acting member or the election of a
                member or because of the vacancy in the office of a
                member or on the ground that the occasion for an acting
                member to act had not risen or ceased.

Clause 6.2.18   sets out that a member or acting member of the Board is not
                personally liable in the performance of a function under this
                Act if the member acts in good faith in the performance of a
                function under this Act or in the reasonable belief that the
                act or omission was in performance of a function under the
                Act. Any liability resulting from the act of omission
                attaches to the Board itself. Delegates of the Board are also
                protected from personal liability.
Clause 6.2.19   sets out to whom a function of the Board may be delegated.
                A function may be delegated to member of the Board, or an
                employee of the Board or to a person who is, or who is a
                member of a class that is, prescribed by the regulations.
                This clause sets out the functions of the Board that cannot
                be delegated. This clause requires the Board to keep a
                register of delegations and perform an audit of its
                delegations every 12 months to determine whether each
                delegation is still appropriate.
Clause 6.2.20   provides that that the Board may set performance targets to
                be met by persons to whom functions are delegated and
                requires the Board to monitor the delegate's performance.
Clause 6.2.21   sets out the information that must be included in the Board's
                annual report.
Clause 6.2.22   provides that the Attorney-General may request the Board
                to report, within a reasonable time specified, to the
                Attorney-General on any matter relevant to the performance
                of the Board's functions. Any report requested by the
                Attorney-General must be laid before each House of
                Parliament within 7 sitting days after receiving the report.
                The Board may make any other report to the Attorney-
                General as it thinks desirable on any matter that is relevant
                to the Board's functions.

                                    93
                      Division 4—The Register
Clause 6.2.23   requires the Board to keep a register with details relating to
                local legal practitioners, each law form that engages in legal
                practice in Victoria, each incorporated legal practice that
                has given notice to the Board under clause 2.7.7, each
                multi-disciplinary partnership in respect of which a legal
                practitioner partner has give notice under clause 2.7.38,
                each locally registered foreign lawyer, each community
                legal centre and any other particulars prescribed by the
                regulations. This clause also provides that the register may
                be kept in the way the Board decides. The register must be
                made available for public inspection, without charge, at the
                Board's office during normal office hours. Information
                recorded in the register may be provided to members of the
                public in any other manner approved by the Board.

Clause 6.2.24   provides that if there is any change to the details on the
                register it must be notified to the Board within 14 days of
                that change having occurred. Failure to comply with this
                requirement may attract a penalty of up to 10 penalty units.

       PART 6.3—LEGAL SERVICES COMMISSIONER

  Division 1—Establishment, Objectives, Functions and Powers
Clause 6.3.1    provides that there is to be a Legal Services Commissioner.

Clause 6.3.2    sets out the objectives of the Commissioner.

Clause 6.3.3    sets out the functions and powers of the Commissioner.
                The Commissioner has the functions conferred upon him or
                her under this or any other Act and all the powers necessary
                to perform his or her functions. The Commissioner also has
                the function of agency head of the Office of the Legal
                Services Commissioner.

Clause 6.3.4    sets out the Commissioner's relationship to the Board.
                The Commissioner is the Chief Executive Officer of the
                Board. The Commissioner must administer the affairs of
                the Board in accordance with the policies and directions of
                the Board.




                                    94
     Division 2—Appointment, Terms of Office and Removal
Clause 6.3.5   provides for the initial appointment of the Commissioner.
               The Attorney-General will appoint the first Commissioner.
               The Attorney-General may appoint as Commissioner a
               person who the Attorney-General considers has sufficient
               knowledge of legal practice and the legal system to be
               able to perform the functions of Commissioner.
               The Commissioner holds office for a term of 5 years and
               is eligible for reappointment. The Public Sector
               Management and Employment Act 1998 does not apply
               to the first Commissioner except that he or she is an agency
               head under section 16 of that Act.

Clause 6.3.6   provides for the subsequent appointment of the
               Commissioner. The Governor in Council, on the
               recommendation of the Attorney-General, appoints all
               subsequent Commissioners. The Attorney-General cannot
               make a recommendation to the Governor in Council unless
               the Board has approved the recommendation and the
               Attorney-General considers that the person has sufficient
               knowledge of legal practice and the legal system to be
               able to perform the functions of Commissioner.
               The Commissioner holds office for a term of 5 years and
               is eligible for reappointment. The Public Sector
               Management and Employment Act 1998 does not apply
               to any subsequent Commissioner except that he or she is an
               agency head under section 16 of that Act.

Clause 6.3.7   provides for the payment of the Commissioner. The initial
               Commissioner is entitled to the remuneration and
               allowances set by the Attorney-General and a subsequent
               Commissioner is entitled to the remuneration and
               allowances set by the Governor in Council on the
               recommendation of the Board.

Clause 6.3.8   provides for an acting Commissioner. The Board may
               appoint an acting Commissioner when there is a vacancy in
               the office or when the Commissioner is absent from duty or
               unable to perform his or her duties. The Board can only
               appoint a person as acting Commissioner if the Board
               considers that the person has sufficient knowledge of legal
               practice and the legal system to be able to perform the
               functions of Commissioner. An acting appointment is for
               the term set out in the instrument of appointment but cannot
               exceed 6 months. A person appointed to act is eligible for
               reappointment. The Board may remove an acting
               Commissioner at any time.

                                  95
Clause 6.3.9    sets out the circumstances when the office of Commissioner
                will become vacant.

Clause 6.3.10   provides that an act or decision of the Commissioner or
                acting Commissioner is not invalid only because of a defect
                or irregularity in their appointment or in the case of the
                acting Commissioner on the ground that the occasion for
                him or her to act had not arisen or ceased.

Clause 6.3.11   sets out the circumstances where the Commissioner can not
                be held personally liable. This clause also provides that
                where the Commissioner is carrying out functions of the
                Board any liability that would normally attach to the
                Commissioner but for this provision will attach to the
                Board instead. A delegate of the Commissioner and a
                prescribed investigatory body that is referred a disciplinary
                complaint is also protected from personal liability when
                they act in good faith in the performance of the function or
                in the reasonable belief that the act or omission was in the
                performance of a function.

Clause 6.3.12   sets out the functions that the Commissioner may delegate
                and to whom the functions may be delegated. This clause
                also sets out those functions that the Commissioner cannot
                delegate. This clause requires the Commissioner to keep
                a register of delegations and audit the register every
                12 months.

Clause 6.3.13   sets out the information that must be included in the
                Commissioner's annual report.

Clause 6.3.14   provides that the Commissioner may make reports to the
                Attorney-General, in addition to the Commissioner's annual
                report, on any matter relevant to the performance of the
                Commissioner's functions that the Commissioner thinks
                necessary or desirable. However, this does not apply to any
                function carried out by the Commissioner as the chief
                executive officer of the Board or any function delegated to
                the Commissioner.

Clause 6.3.15   provides that the Commissioner may issue guidelines for
                the handling of complaints.




                                    96
 PART 6.4—GENERAL PROVISION FOR THE BOARD AND
                COMMISSIONER

                         Division 1—Staffing
Clause 6.4.1    provides that all employees that are necessary for the
                purposes of the Board or Commissioner are to be employed
                by the Commissioner under Part 3 of the Public Sector
                Management and Employment Act 1998.

Clause 6.4.2    provides that the Commissioner may engage consultants
                required for the purposes of the Commissioner or the
                Board.

Clause 6.4.3    provides for the appointment of a panel of mediators by the
                Commissioner.

Clause 6.4.4    sets out the circumstances when a mediator will not be
                personally liable for an act or omission.

                     Division 2—Confidentiality
Clause 6.4.5    deals with the confidentiality of information relating to the
                affairs of any person or law practice acquired by a member
                of the Board, the Commissioner, an employee in the office
                of the Commissioner, a consultant engaged by the
                Commissioner, a mediator or a person to whom the Board
                or Commissioner has delegated functions under this Act in
                the performance of their functions. This clause also sets out
                penalties for breach of this provision.

                 PART 6.5—ADMISSION BODIES

               Division 1—Council of Legal Education
Clause 6.5.1    provides that the Council of Legal Education is continued,
                and lists its members.

Clause 6.5.2    provides that the main function of the Council is to
                determine the qualifications and training for admission to
                the legal profession. The Council also has such other
                functions as are conferred on it by this or any other Acts.
                It has the power to do all things necessary or convenient to
                perform its functions, including the making of rules.




                                    97
Clause 6.5.3    provides that the Public Sector Management and
                Employment Act 1998 does not apply to a Council
                member in respect of his or her office. It also provides for
                the appointment and remuneration (if any) of Council
                members.

Clause 6.5.4    sets out the Council's meeting procedure. The Chief Justice
                is to preside at meetings, and if he or she is absent, it shall
                be the next most senior Judge of the Supreme Court.
                The quorum of the Council is 7 members.

Clause 6.5.5    allows the Attorney-General to appoint a deputy to attend
                meetings of the Council in his or her absence.

Clause 6.5.6    allows the Council to appoint a secretary, or engage an
                honorary secretary, and to engage staff and consultants.
                The secretary and other employees will be employed
                pursuant to Part 3 of the Public Sector Management and
                Employment Act 1998.

Clause 6.5.7    allows the Council to delegate, by, instrument, any function
                of the Council, apart from the rule-making power, or the
                power of delegation, to Committee members of the
                Council.

Clause 6.5.8    provides that an act or decision of the Council is not invalid
                only because of a vacancy in the office of a member or
                because of a defect in the appointment of a member.

                  Division 2—Board of Examiners
Clause 6.5.9    provides that the Board of Examiners is continued, and lists
                its members. It provides that the Council of Legal
                Education can only nominate a person to be a member of
                the Board if satisfied that he or she is suitably qualified as a
                result of his or her experience in legal practice.

Clause 6.5.10   provides that the functions of the Board of Examiners are
                those conferred by clause 2.3.10, and any other functions
                conferred by this or any other Act, including by the
                admission rules.

Clause 6.5.11   provides for the appointment and remuneration (if any) of
                members of the Board. It also provides that the Public
                Sector Management and Employment Act 1998 does not
                apply to a member of the Board.

Clause 6.5.12   provides for the resignation and removal of Board
                members.

                                     98
Clause 6.5.13   requires the Board of Examiners to elect annually one of its
                members as chairperson.

Clause 6.5.14   sets out the Board of Examiner's meeting procedure.
                The chairperson is to preside at meetings. The quorum of
                the Board of Examiners is 4 members.

Clause 6.5.15   allows the Attorney-General or the Solicitor-General to
                appoint a deputy to attend meetings of the Board of
                Examiners in his or her absence.

Clause 6.5.16   provides that the Council of Legal Education may appoint a
                qualified person to be a deputy of any person nominated by
                it as a member of the Board of Examiners.

Clause 6.5.17   allows the Board of Examiners to appoint a secretary and
                other staff and to engage consultants. The employees will
                be employed pursuant to the Public Sector Management
                and Employment Act 1998.

Clause 6.5.18   provides that an act or decision of the Board of Examiners
                is not invalid only because of a defect in the appointment of
                a member.

      PART 6.6—LEGAL PRACTITIONERS' LIABILITY
                   COMMITTEE

                  Division 1—Liability Committee
Clause 6.6.1    provides for the continuation of the Legal Practitioners'
                Liability Committee as a body corporate with perpetual
                succession.

Clause 6.6.2    states that the Liability Committee does not represent the
                Crown but is a public authority.

Clause 6.6.3    lists the functions of the Liability Committee as carrying on
                the business of providing professional indemnity insurance
                to law practices, undertaking liability under contracts of
                professional indemnity insurance and any other functions
                conferred by the Act. The Liability Committee is given all
                the powers necessary or convenient to perform its
                functions.

Clause 6.6.4    provides that the Liability Committee consists of a
                chairperson and 6 other members appointed by the Board.
                Members of the Committee hold office for up to 5 years
                and may be removed at any time by the Board.


                                    99
Clause 6.6.5    provides for the qualifications of the 6 members of the
                Liability Committee, other than the chairperson. At least
                2 of the members are to be Australian legal practitioners, at
                least 1 is to be appointed as a representative of the interests
                of consumers, and at least 2 are to be persons who have
                knowledge of or experience in the insurance industry or
                have accounting or financial expertise.

Clause 6.6.6    provides for fees and allowances fixed by the Board to be
                paid to Liability Committee members. Public servants are
                not entitled to receive fees.

Clause 6.6.7    allows the Board to appoint acting members where a
                member is absent or otherwise unable to perform the duties
                of office.

Clause 6.6.8    requires the chairperson to preside over meetings of the
                Liability Committee and sets out the quorum, voting,
                minutes and procedure requirements.

Clause 6.6.9    provides that resolutions of the Liability Committee may be
                passed without a formal meeting by members signing a
                document containing the text of the resolution.

Clause 6.6.10   provides that an act or decision of the Liability Committee
                is valid even if there is a vacancy in its membership or there
                is a defect or irregularity in the appointment of a member.

Clause 6.6.11   requires members who have a personal interest in a matter
                being considered by the Liability Committee to declare that
                interest and refrain from deliberating or voting on the
                matter. Certain matters are deemed not to give rise to a
                conflict of interest.

Clause 6.6.12   allows the Liability Committee to employ staff and engage
                consultants.

Clause 6.6.13   imposes confidentiality obligations on past and present
                Liability Committee members, acting members, employees
                and consultants.

Clause 6.6.14   provides that the Attorney-General may require the
                Liability Committee to include any information that the
                Attorney-General thinks appropriate in its annual report
                pursuant to Part 7 of the Financial Management Act 1994.




                                    100
          Division 2—Legal Practitioners' Liability Fund
Clause 6.6.15   requires the Liability Committee to maintain a Legal
                Practitioners' Liability Fund, which may be kept in one or
                more accounts.

Clause 6.6.16   requires insurance premiums, income from investments and
                any other money received by the Liability Committee to be
                paid into the Liability Fund.

Clause 6.6.17   allows insurance and reinsurance premiums, brokerage and
                commissions, administration costs, amounts payable under
                contracts of insurance between the Liability Committee and
                law practices, and other costs and expenses to be paid out
                of the Liability Fund.

Clause 6.6.18   allows the Liability Committee to invest any money in the
                Liability Fund which is not immediately required for the
                Fund's purposes in accordance with the Trustee Act 1958.

Clause 6.6.19   allows the Liability Committee to require payment of a levy
                when it considers that the amount standing to the credit of
                the Liability Fund is insufficient to meet the Fund's
                liabilities. The Liability Committee determines the amount
                of the levy with the approval of the Board.

                       PART 6.7—FUNDING

                 Division 1—Public Purpose Fund
Clause 6.7.1    requires the Board to maintain a fund called the Public
                Purpose Fund. The amount standing to the credit of the
                Public Purpose Fund must be kept separate from any other
                money held by the Board and held in trust. The Board may
                invest money so held in accordance with the Trustee Act
                1958.

Clause 6.7.2    sets out the accounts to be kept, separately from each other,
                in the Public Purpose Fund, namely the General Account,
                the Statutory Deposit Account and the Distribution
                Account.

Clause 6.7.3    sets out the moneys which are to be credited and debited
                to the General Account of the Public Purpose Fund.
                Priority is intended between, but not within, the paragraphs
                of sub-clause (2).




                                   101
Clause 6.7.4   requires trust moneys deposited with the Board under
               Division 6 of Part 3.3 (Statutory Deposits) to be credited to
               the Statutory Deposit Account of the Public Purpose Fund.
               Repayments by the Board under Division 6 of Part 3.3 are
               debited to the Statutory Deposit Account.

Clause 6.7.5   requires an amount equal to 50% of the amount standing to
               the credit of the General Account of the Public Purpose
               Fund as at 30 June in the previous financial year to be
               credited to the Distribution Account of the Public Purpose
               Fund. The amount so credited is to be paid from the
               Distribution Account to the Legal Aid Fund and for the
               purposes of law reform, legal education, legal research and
               any other purpose relating to the legal profession or the law
               that the Board considers appropriate.

Clause 6.7.6   requires an amount determined by the Board, and approved
               by the Attorney-General, to be paid out of the General
               Account of the Public Purpose Fund each financial year to
               meet the expenses of, and discharge the liabilities incurred
               by, the Board in carrying out its functions under this Act
               during that year, other than expenses related to Fidelity
               Fund claims (these are paid out of the Fidelity Fund under
               clause 6.7.18).

Clause 6.7.7   requires an amount determined by the Board to be paid out
               of the General Account of the Public Purpose Fund each
               financial year to meet the expenses of, and discharge the
               liabilities incurred by, the Commissioner in carrying out
               his or her functions under this Act during that year.
               The amount must not be less than the amount, if any,
               specified by the Attorney-General in relation to that
               financial year.

Clause 6.7.8   requires an amount determined by the Board to be paid out
               of the General Account of the Public Purpose Fund each
               financial year to meet the expenses of the Tribunal in
               carrying out its functions under the Act. The amount must
               not be less than the amount, if any, specified by the
               Attorney-General in relation to that financial year.




                                  102
Clause 6.7.9    requires an amount determined by the Board but not
                exceeding 35% of the amount standing to the credit of the
                General Account of the Public Purpose Fund at the end of
                the previous financial year, to be paid out of the
                Distribution Account of the Public Purpose Fund and into
                the Legal Aid Fund each financial year. The amount must
                also not be less than the amount, if any, specified by the
                Attorney-General in relation to that financial year.
                Provision is also made for advances to the Legal Aid Fund
                at the direction of the Attorney-General.

Clause 6.7.10   allows the Board, with the approval of the Attorney-
                General, to make payments out of the Distribution Account
                of the Public Purpose for the purposes of law reform, legal
                education, legal research and any other purpose relating to
                the legal profession or the law that the Board considers
                appropriate. The payments in any financial year must not
                exceed 15% of the amount standing to the credit of the
                General Account of the Public Purpose Fund at the end of
                the previous financial year.

Clause 6.7.11   allows the Board to take into account previous funding
                when determining amounts to be paid out of the
                Distribution Account of the Public Purpose Fund under
                clause 6.7.10.

Clause 6.7.12   allows the Board to determine the timing of payments under
                this Division and to pay any amount in a single sum or by
                instalments.

Clause 6.7.13   allows the Board to pay out of the General Account of the
                Public Purpose Fund and into the Fidelity Fund such
                amounts as it thinks fit if of the opinion that Fidelity Fund
                income from contributions and levies is unlikely to be
                sufficient to satisfy claims against the Fidelity Fund, or that
                the Fidelity Fund is or is likely to become insolvent, or that
                it is appropriate to do in order to establish the solvency
                level for the Fidelity Fund as then fixed by the Governor in
                Council under clause 6.7.19.

Clause 6.7.14   allows the Board to make a payment out of the General
                Account of the Public Purpose Fund to a professional
                association as a contribution to the cost of providing
                continuing legal education or other programs aimed at
                improving the quality of legal services. The Board
                determines the amount of the payment and may decide to
                make the payment subject to conditions.



                                    103
                      Division 2—Fidelity Fund
Clause 6.7.15   requires the Board to maintain a fund called the Legal
                Practitioners' Fidelity Fund, which must be kept separate
                from any other money held by the Board and be held on
                trust.

Clause 6.7.16   provides that the purpose of the Fidelity Fund is to
                compensate claimants for claims allowed under Part 3.6
                regarding defaults to which that Part applies.

Clause 6.7.17   provides for which payments must be made into the Fidelity
                Fund.

Clause 6.7.18   provides for which payments must be made out of the
                Fidelity Fund.

Clause 6.7.19   provides that the Governor in Council may, on the
                recommendation of the Attorney-General, fix a solvency
                level of the Fidelity Fund from time to time. This level will
                be published in the Government Gazette.

Clause 6.7.20   provides for the Board to make payments to the trustee in
                bankruptcy, trustee, or liquidator, any amounts which it
                considers necessary for enabling proceedings to be
                commences or defended by the trustee in bankruptcy,
                trustee, or liquidator.

Clause 6.7.21   provides for the circumstances in which the Board may pay
                money out of the Fidelity Fund and into the Public Purpose
                Fund.

Clause 6.7.22   provides that the Board may arrange for an insurer of the
                Fidelity Fund, and for particular arrangements in relation to
                the insurance of the Fund.

Clause 6.7.23   provides that the Board cannot borrow money for the
                purposes of the Fidelity Fund.

        Division 3—Fidelity Fund Contributions and Levies
Clause 6.7.24   provides that the Board may determine different classes of
                local legal practitioners, interstate legal practitioners,
                community legal centres and approved clerks, for the
                purposes of determining contributions to be made to the
                Fidelity Fund. The Board may take into account particular
                factors in determining the contributor classes.




                                   104
Clause 6.7.25   provides that the Board must annually determine the
                contribution amount for each member of a contributor class.
                The relevant date for this purpose is 30 April. The amount
                of contribution cannot exceed that which is prescribed by
                the regulations (if any). The Board must have reference to
                actuarial advice, and the solvency level fixed by the
                Governor in Council. The Board must cause notice of the
                amounts to be published in the Government Gazette, and
                must give written notice to the professional associations.

Clause 6.7.26   provides that applicants for the grant or renewal of local
                practising certificates, or local legal practitioners who will
                become a member of that contributor class, are liable for
                contributions to the Fidelity Fund as determined by the
                Board for that particular class.

Clause 6.7.27   provides that an interstate legal practitioner is liable for
                contributions to the Fidelity Fund as determined by the
                Board for that particular class.

Clause 6.7.28   provides that a community legal centre is liable for
                contributions to the Fidelity Fund as determined by the
                Board for that particular class.

Clause 6.7.29   provides that approved clerks are liable for contributions to
                the Fidelity Fund as determined by the Board for that
                particular class.

Clause 6.7.30   provides for the situation where a person is a member of
                more than one contributor class, and the amount of
                contribution is different for members of each of those
                classes. If the person wishes to claim membership of one
                of the classes which pays a lower contribution, the person
                must give the Board a statutory declaration stating that that
                contributor class is appropriate.

Clause 6.7.31   provides that the Board may determine the amount of a levy
                to be paid to the Fidelity Fund, where it considers the
                amount standing to the credit of the fund is likely to be
                insufficient to meet the liabilities to which it is subject.
                The levy may be different for different contributor classes.
                The Board must cause a notice of the levy determination to
                be published in the Government Gazette, and give notice of
                it to the professional associations.




                                    105
Clause 6.7.32   provides that, where the Board makes a determination
                under clause 6.7.31 that a contributor class must pay a levy,
                a member of that class must pay the levy.

                The clause also provides for where a person is a member of
                more than one contributor class, and the amount of levy is
                different for members of each of those classes. If the
                person wishes to claim membership of one of the classes
                which pays a lower levy, the person must give the Board a
                statutory declaration stating that that levy is appropriate.
                It also provides that the regulations may prescribe a
                maximum amount that a person may be required to pay
                as a levy in a prescribed period, or in total.

Clause 6.7.33   provides that a levy is payable at the time, and in the way,
                determined by the Board.

Clause 6.7.34   provides that a contribution or levy that has not been paid is
                a debt recoverable by the Board in the Magistrates' Court.

Clause 6.7.35   provides that the employer of a person who is required to
                make a contribution or levy under this Division, may pay
                that contribution or levy on behalf of that person. If the
                employer does not do so, the employer must reimburse the
                employee at the employee's request. There is a maximum
                penalty of 120 penalty units for non-compliance. Where a
                person has more than one employer, the employer who
                employs the person for the most hours a week must make
                the contribution or levy, or reimburse the employee.

                       CHAPTER 7—GENERAL

       PART 7.1—REGULATION OF CONVEYANCING
                    BUSINESSES
Clause 7.1.1    contains definitions for this Part. It is not intended to allow
                a conveyancer to do anything that they were not permitted
                to do before the commencement of this Part.

Clause 7.1.2    prohibits a person from carrying on, or accepting work in, a
                conveyancing business or having a pecuniary interest in a
                conveyancing business, if—
                          the person's name has been removed from an
                           Australian roll; or
                          the person is suspended, disqualified or
                           otherwise prohibited from engaging in legal
                           practice in Australia or a foreign country; or

                                    106
                        the person is disqualified by an order of VCAT;
                         or
                        the person is an insolvent under administration;
                         or
                        the person is prohibited from managing a
                         corporation; or
                        the person has been convicted within the last
                         10 years of an indictable offence or an offence
                         involving dishonesty.

               A conveyancer is prohibited from employing or engaging
               such a person in connection with the performance of
               conveyancing work.

Clause 7.1.3   allows the Board to authorise a conveyancer to employ a
               person to whom clause 7.1.2 applies and to specify the
               duration of and any conditions applicable to such
               employment. If the Board fails to make a decision within
               60 days of an application for authorisation, it must be taken
               to have refused the application. A conveyancer may appeal
               to the Supreme Court from a decision not to authorise such
               employment or to impose conditions on the authorisation.

Clause 7.1.4   prohibits a person to whom clause 7.1.2 applies from
               seeking or accepting employment with a conveyancer in
               connection with the performance of conveyancing work
               without informing the potential employer that he or she is
               banned from working in a conveyancing business.

Clause 7.1.5   requires conveyancers to disclose in every public document
               and in a conspicuous notice outside their offices, whether
               they hold insurance that covers them against civil liability
               in connection with conveyancing work. Written notice
               about the extent of any insurance held by a conveyancer
               must be given to prospective clients. The notice must also
               provide details of any law practice or Australian legal
               practitioner engaged to perform the legal work in
               connection with the conveyancing transaction. If the
               conveyancer does not intend to retain a law practice or
               Australian legal practitioner to perform the legal services,
               then the notice must indicate that the conveyancer is not
               authorised to perform legal services.




                                  107
Clause 7.1.6       allows the Board by written notice to require a conveyancer
                   to give the Board information or documents reasonably
                   required to determine whether or not the conveyancer has
                   complied with the disclosure obligations under clause 7.1.5.

                 PART 7.2—GENERAL PROVISIONS

               Division 1—Notices and Evidentiary Matters
Clause 7.2.1       provides how service of a notice or other document is to be
                   effected on a local legal practitioner, locally registered
                   foreign lawyer, law practice or an incorporated legal
                   practice.

Clause 7.2.2       provides how service of a notice or document is to be
                   effected on the Board or the Commissioner.

Clause 7.2.3       provides how service of a notice or other document is to be
                   effected on a natural person, a company under the
                   Corporations Act or an incorporated association.

Clause 7.2.4       sets out when service will be considered effective.

Clause 7.2.5       deals with evidentiary matters.

       Division 2—Investigation and Prosecution of Offences
Clause 7.2.6       provides that, if the Board reasonably suspects that an
                   offence has been committed under this Act (except offences
                   relating to trust money and trust accounts), the Board may
                   appoint a person who is an employee of the Board or a
                   person who, in the opinion of the Board, is an appropriate
                   person, to conduct the investigation.

Clause 7.2.7       requires a person or financial institution to assist with an
                   investigation under this Division through the production of
                   documents for inspection or copying by the investigator and
                   give the investigator any other information he or she
                   reasonably requires. This clause also provides that a person
                   can not refuse to comply with these requirements on the
                   ground of any duty of confidence or on the ground of self
                   incrimination. However, this clause does limit the use of
                   the information where the person objects to the investigator
                   that the production of the information may tend to
                   incriminate them. This clause provides that the investigator
                   may take copies of, or extracts from, the documents
                   produced during the course of the investigation. Failure to
                   provide assistance as requested by an investigator may


                                      108
                attract a penalty of up to 60 penalty units. It is not an
                offence to fail to provide assistance if the investigator did
                not clearly identify himself or herself or advise that the
                failure to comply could constitute an offence.

Clause 7.2.8    requires the investigator to provide a written report on the
                investigation to the Board.

Clause 7.2.9    prohibits an investigator from disclosing information
                acquired during the course of an investigation except in the
                circumstances specified. This clause also sets out to whom
                the information may be disclosed.

Clause 7.2.10   sets out who may bring a charge against a person for an
                offence under this Act or the regulations.

                         Division 3—General
Clause 7.2.11   deals with liability for negligence. This clause provides
                that nothing in this Act abrogates any immunity from
                liability for negligence enjoyed by Australian lawyers
                before the commencement of this section. It also provides
                that a law practice, an Australian lawyer or an Australian-
                registered foreign practitioner cannot contract out of
                liability for negligence in connection with the provision of
                legal services except to the extent it is permitted by another
                Act.

Clause 7.2.12   provides for the liability of principals where a law practice
                by an act or omission contravenes the Act or the
                regulations.

Clause 7.2.13   provides the Board with the power to apply to the Supreme
                Court for an injunction in relation to a contravention of the
                Act or regulations.

Clause 7.2.14   provides for disclosure of information relating to or arising
                under this Act by a local regulatory authority, such as the
                Board, to another local regulatory authority or an interstate
                regulatory authority.

Clause 7.2.15   deals with the confidentiality of personal information.

Clause 7.2.16   deals with the destruction of documents by a law practice or
                Australian legal practitioner.




                                    109
                       Division 4—Regulations
Clause 7.2.17   sets out the power of the Governor in Council to make
                regulations.

         CHAPTER 8—REPEALS, AMENDMENTS AND
              TRANSITIONAL PROVISIONS

           PART 8.1—REPEALS AND AMENDMENTS
Clause 8.1.1    inserts a new Part 13 into Schedule 2 of the Legal Practice
                Act 1996. Part 8 of the Legal Practice Act 1996 provides
                that barristers are not required to insure with the Liability
                Committee. New clause 64 provides that despite anything
                to the contrary in Part 8 of the Legal Practice Act 1996, if
                the Victorian Bar Council resolves under section 3.5.2(7) of
                the Legal Profession Act 2004 that barristers are to insure
                with the Liability Committee, a barrister must obtain and
                maintain insurance with the Liability Committee at all
                times on or after 1 July 2005.
                New clause 65 provides that, in addition to any amounts
                payable from the Public Purpose Fund, there is to be paid
                out of that Fund any amount determined by the Attorney-
                General for the costs incurred in establishing the new
                Board, the Commissioner and office of the Commissioner
                and the transfer of functions from the LPT to VCAT.
                This provision is necessary to allow amounts to be paid
                out of the Public Purpose Fund for these purposes before
                the Legal Profession Act 2004 comes into operation.
                Clause 8.1.1(2) repeals the Legal Practice Act 1996.

Clause 8.1.2    amends section 16 of the Public Sector Management and
                Employment Act 1998 to provide that the Commissioner is
                an agency head in relation to the office of the Legal
                Services Commissioner.

Clause 8.1.3    amends Schedule 1 of the Victorian Civil and
                Administrative Tribunal Act 1998 ("VCAT Act") to
                insert provisions regarding procedures applicable to
                proceedings under the Legal Profession Act 2004.
                New clause 46A provides that section 77(2) of the VCAT
                Act does not apply to civil disputes brought under
                Division 4 of Part 4.3. This means that VCAT's power to
                make an order to transfer proceedings to a more appropriate
                forum is not restricted to a judicial member.


                                   110
               New clause 46B provides that, where a law practice that is
               a party to a proceeding under the Legal Profession Act
               2004, the law practice may be represented by a principal of
               the law practice or an employee of the law practice
               authorised in writing by a principal of the practice to appear
               on the practice's behalf. This provision is necessary to
               address restrictions placed on the appearance of
               professional advocates under section 62 of the VCAT Act.
               New clause 46B(3) provides that where VCAT is dealing
               with a disciplinary matter the complainant is only entitled
               to appear in a proceeding if VCAT is considering making
               an order for compensation to the complainant or if VCAT
               gives leave.

               New clause 46C provides that, where there is a rehearing of
               a disciplinary proceeding, VCAT must be constituted by at
               least 2 members of whom one must not be an Australian
               legal practitioner and at least one of the others must, in
               accordance with the hierarchy set out, be more senior than
               the member that made the order at first instance.

               New clause 46D provides that costs of a disciplinary
               proceeding are subject to VCAT's discretion. However, if
               VCAT finds that an Australian legal practitioner is guilty of
               unsatisfactory professional misconduct or professional
               misconduct, VCAT must order the practitioner to pay costs
               including the costs of the Commissioner and the
               complainant (if any) unless VCAT is satisfied that
               exceptional circumstance exist. VCAT should not make an
               order for costs against the Commissioner unless there are
               exceptional circumstances. Section 109 (power to award
               costs) of the VCAT Act does not apply to a proceeding
               under Division 4 or 5 of Part 4.4 of the Legal Profession
               Act 2004.

           PART 8.2—TRANSITIONAL PROVISIONS
Clause 8.2.1   provides that Schedule 2 has effect in respect of transitional
               arrangements.




                                  111
                              SCHEDULE 1

              LEGAL SERVICE BOARD ELECTIONS
This Schedule sets out the procedures for the election of the advocate and
non-advocate members of the Board.

                              SCHEDULE 2

                   TRANSITIONAL PROVISIONS

                     PART 1—INTRODUCTION
Clause 1.1       sets out the definitions for terms used in this Schedule.

Clause 1.2       provides for general transition provisions.

Clause 1.3       provides that the regulations may contain provisions of a
                 savings and transitional nature consequent on the repeal of
                 the Legal Practice Act 1996 ("the old Act").

                    PART 2—LEGAL PRACTICE
Clause 2.1       provides that every person who has been admitted to
                 practice as a barrister and solicitor of the Supreme Court
                 becomes a local lawyer as if he or she was admitted to the
                 legal profession under the Legal Profession Act 2004
                 ("the new Act"). This provision is necessary because of
                 differences in terminology between the old Act and the new
                 Act. Clause 2.1(2) ensures that the day of admission under
                 the new Act is taken to be the day a person was admitted as
                 a barrister and solicitor. This is necessary to ensure that
                 privileges associated with seniority based on dates of
                 admission are preserved. Clause 2.1(3) provides that until
                 regulations provide otherwise, the prescribed general fee
                 for admission is $100 and the prescribed library fee for
                 admission is $560. These fees reflect the current fees
                 payable.

Clause 2.2       provides that a practising certificate in force under the old
                 Act on the commencement day is to be taken to be a local
                 practising certificate under the new Act and may be
                 renewed, suspended or cancelled accordingly.

                 Clause 2.2(2) provides that an application for a practising
                 certificate that has not been determined before the
                 commencement day will be determined as if the application
                 were made under the new Act. If the applicant already

                                     112
             holds a practising certificate it will remain in force until the
             application for a new practising certificate is issued or
             refused.

             Clause 2.3(3) provides that any conditions that apply to a
             practising certificate issued under the old Act will continue
             to apply under the new Act.

             Clause 2.4(4) preserves the fees set for practising
             certificates at the current amounts set under the Legal
             Practice (Fees) Regulations 1997 until new regulations are
             made.

             Clause 2.4(5) provides that, despite the new requirements
             set out in section 2.4.18(1) of the new Act for supervised
             legal practice, the Board may exempt a local legal
             practitioner from compliance with those new requirements.
             The Board's power to waive the requirements only operates
             for 6 months after commencement day.

Clause 2.3   provides that an order made under section 316 (injunctions
             restraining unqualified practice) and an authorisation under
             section 320 (authorisation of employment or engagement of
             a person banned from practice) of the old Act continue in
             force as if they were made under the new Act. This clause
             also preserves an order made under section 321 (orders
             prohibiting employment or engagement of certain persons)
             of the old Act.

Clause 2.4   provides that an incorporated legal practice that,
             immediately before the commencement day, was an
             incorporated legal practitioner under the old Act is taken to
             have complied with the requirement to notify the Board set
             out in section 2.7.7(1) of the new Act.

Clause 2.5   preserves the operation of any practice rules made by the
             Victorian Bar Incorporated or Victorian Lawyers RPA Ltd
             and provides that the rules are to be taken to be legal
             profession rules made under the new Act by the Victorian
             Bar or the Law Institute respectively.




                                 113
             PART 3—RELATIONS WITH CLIENTS
Clause 3.1     provides that, if either a retainer is entered into or a costs
               disclosure is given on which a retainer is based, prior to the
               commencement of the new Act, then Part 4 of the old Act
               applies to the retainer. Part 4 of the old Act will also apply
               where a legal practitioner is retained by another legal
               practitioner on behalf of a client on or after the
               commencement day in relation to a matter in which the
               other legal practitioner was retained by the client before the
               commencement day.

Clause 3.2     provides that any assessment of a bill of costs by the Taxing
               Master commenced under the old Act but not completed
               before the commencement of the new Act is to be
               completed under the old Act. Clause 3.2(2) provides that
               any bill that, immediately before commencement was
               awaiting assessment as a result of an application under the
               old Act may be reviewed under Division 7 of Part 3.4 of the
               new Act on or after commencement day as if the
               application were made under the new Act.

Clause 3.3     preserves the operation of a practitioner remuneration order
               made under section 111 of the old Act as if it were made
               under the new Act. Clause 3.3(2) provides for the
               continuation of the Legal Costs Committee.

     PART 4—TRUST ACCOUNTS AND TRUST MONEY
Clause 4.1     preserves arrangements between the old Board and an
               authorised deposit-taking institution (ADI) that was in force
               immediately before the commencement day as if the
               arrangement were made between the new Board and an
               ADI.

Clause 4.2     provides that a person who was an approved clerk
               (commonly referred to as a barristers' clerk) under the old
               Act on commencement day will be an approved clerk under
               the new Act as if he or she had been approved by the
               Victorian Bar under section 3.3.70 of the new Act.

Clause 4.3     provides that a person who, immediately before the
               commencement day, was an approved auditor within the
               meaning of the old Act is taken to be an approved external
               examiner for the purposes of the new Act until 30 June
               2006. This applies whether or not the person meets the
               requirements set for an approved external examiner under
               the new Act. This provision is necessary to accommodate


                                  114
             changes in terminology between the old and the new Act.
             This provision gives the Board one year from the date of
             commencement to determine whether an approved auditor
             should continue as an approved external examiner under the
             new Act. Clause 4.3(2)–(5) deals with the qualifications of
             approved external examiners.

Clause 4.4   provides that sections 3.3.21 (deficiency in trust account),
             3.3.22 (reporting certain irregularities and suspected
             irregularities–legal practitioners) and 3.3.23 (reporting
             irregularities–approved clerks) of the new Act will apply to
             any deficiency in a trust account or a failure to pay or
             deliver trust money regardless of whether this occurred
             before, on or after the commencement of the new Act.

Clause 4.5   provides that Division 5 of Part 6 (Investigations) of the old
             Act will continue to apply to any investigation in respect of
             which an inspector has been appointed before the
             commencement day. This clause provides that, for the
             purposes of this clause a reference in that Division 5 to an
             RPA, Board or Legal Ombudsman is to be taken to be a
             reference to the new Board. The new Board may recover
             the cost of investigation as if the new Board had initiated
             the investigation.

                PART 5—FIDELITY COVER
Clause 5.1   provides that a determination made by the old Board before
             the commencement day in relation to the contribution
             payable to the Fidelity Fund is to be taken to be a
             determination of the new Board.

Clause 5.2   provides that, in calculating any aggregate amount for
             Fidelity Fund levies set under the new Act, account must be
             taken of any levy paid under section 204 of the old Act or
             under any previous enactment with a corresponding section.

Clause 5.3   provides that Division 2 of Part 7 (Claims) of the old Act
             continues to apply to a claim against the Fidelity Fund that
             has not been finalised before the commencement day.
             A reference in that Division 2 to the old Board is to be
             taken to as a reference to the new Board. A reference in
             that Division 2 to the Fidelity Fund is to be taken as a
             reference to the Fidelity Fund under the new Act. The new
             Act will apply to a default occurring on or after the
             commencement day and a default occurring before
             commencement if a claim has not been made under the old
             Act prior to the commencement day.

                                115
             PART 6—DISPUTES AND DISCIPLINE
Clause 6.1     provides that Division 1 of Part 5 (Disputes between clients
               and practitioners or firms) of the old Act will continue to
               apply to dispute that has been initiated under section 123 of
               the old Act before the commencement day and the dispute
               has not been settled or referred to the Legal Profession
               Tribunal ("LPT") before the commencement day.
               A reference in that Division 1 to the Legal Ombudsman,
               an RPA or the Board is to be taken to be a reference to the
               Commissioner. A reference to the LPT is to be taken to be
               a reference to VCAT and a reference to a conciliator is to
               be taken to be a reference to a mediator.

Clause 6.2     provides that, where a complaint is made under Division 2
               of Part 5 (conduct complaints) of the old Act and the
               complaint is not dismissed or referred to the LPT before the
               commencement day, the complaint is to be dealt with by the
               Commissioner under the old Act as if the complaint had
               been made to the Legal Ombudsman. Also, a reference in
               that Division 2 to the Legal Ombudsman, an RPA or the
               Board is to be taken as reference to the Commissioner.
               A reference to the LPT is to be taken as a reference to
               VCAT. This clause provides that nothing in Division 4 of
               Part 5 (review of RPA or Board decisions) of the old Act
               applies to a complaint to which this clause applies.

Clause 6.3     provides that an investigation commenced under Division 3
               of Part 5 of the old Act but not completed before
               commencement day is to be conducted by the
               Commissioner under the old Act as if a reference in that
               Division to the Legal Ombudsman, an RPA or the Board is
               a reference to the Commissioner. A reference to the LPT is
               to be read as a reference to VCAT. In completing the
               investigation, the Commissioner may have regard to
               anything done by an RPA or the old Board. This clause
               provides that nothing in Division 4 of Part 5 (review of
               RPA or Board decisions) of the old Act applies to a
               complaint to which this clause applies.

Clause 6.4     provides that the old Act will apply to a decision in respect
               of a complaint that was subject of an application for review
               under Division 4 of Part 5 of the old Act if the review is not
               completed before the commencement day. On or after the
               commencement day, the Commissioner may confirm the
               decision under review or investigate the matter that was the
               subject of the decision under Division 3 of Part 5 of the old
               Act.

                                  116
Clause 6.5      provides that Division 5 of Part 5 of the old Act applies to a
                charge brought as a result of an investigation referred to in
                clause 6.3 or 6.4.

Clause 6.6      provides that the new Act will apply to complaints made
                after the commencement day relating to the conduct of a
                legal practitioner that occurred prior to commencement,
                provided that a complaint or request for dispute resolution
                has not been made under the old Act in relation to the same
                conduct. Similarly, an investigation can be brought under
                the new Act into conduct that occurred prior to
                commencement day provided that the conduct has not
                already been investigated under the old Act.

             PART 7—EXTERNAL ADMINISTRATION
Clause 7.1      provides that Division 2 of Part 9 (appointment of receiver)
                of the old Act continues to apply to an application for the
                appointment of a receiver where the application has not
                been determined before the commencement day.
                The application is be treated as if it were made by the new
                Board and for that purpose a reference in that Division 2 to
                the old Board or an RPA is to be treated as a reference to
                the new Board.

Clause 7.2      provides that Chapter 5 (External Intervention) of the new
                Act applies in relation to a manager appointed under the old
                Act before the commencement day as if the manager had
                been appointed by the new Board.

      PART 8—REGULATORY BODIES AND FUNDING

               Division 1—Legal Profession Tribunal
Clause 8.1      provides that, on the commencement day, the LPT is
                abolished and its members go out of office. On the
                commencement day, or as soon as practicable afterwards,
                all records of the LPT are to be given to the President of
                VCAT. A reference in any Act, subordinate instrument,
                agreement, deed or other instrument to the LPT is to be
                construed as a reference to VCAT.




                                   117
Clause 8.2   provides for the LPT members to become members of
             VCAT. The chairperson and any deputy chairperson of the
             LPT becomes a Vice President of VCAT. The registrar of
             the LPT becomes a senior member of VCAT. The deputy
             registrar and any advocate member, non-advocate member
             or lay member of the LPT becomes an ordinary member of
             VCAT. All members hold office as a member of VCAT for
             the balance of the term of his or her appointment to the LPT
             or for 5 years, whichever is the lesser period and on the
             same terms and conditions. Every member, including the
             registrar and deputy registrar, is eligible for re-appointment
             to VCAT at the expiry of his or her term. This clause also
             provides that the appointment of the chairperson or a
             deputy chairperson as a Vice President of VCAT and their
             eligibility for re-appointment apply despite the requirement
             in section 11(2) of the VCAT Act that a Vice President
             must be a judge of the County Court. Further, this clause
             provides that the requirement in 21(1) of the VCAT Act
             that the office of a judicial member becomes vacant if the
             member ceases to hold the office of judge or reserve judge
             does not apply in the case of the chairperson and a deputy
             chairperson of the LPT appointed as a Vice President to
             VCAT. This clause also preserves the superannuation
             entitlements of any member, including the registrar or
             deputy registrar, if they are an officer within the meaning of
             the State Superannuation Act 1988.

Clause 8.3   deals with pending matters in the LPT. If, immediately
             before the commencement day, a matter is pending in the
             LPT and the LPT has not begun to hear the matter, or the
             LPT has begun to hear the matter but has not heard any
             evidence on a material question of fact, then VCAT is to
             hear and determine the matter as if the matter was
             commenced in VCAT. However, the old Act will continue
             to apply in respect of the matter. VCAT has all the
             functions and powers of the LPT under the old Act in
             respect of the matter. A reference in the old Act to the LPT
             is to be taken as a reference to VCAT. Anything done by
             the LPT in relation to the matter before the commencement
             day is taken to have been done by VCAT. If the LPT has
             already been constituted for the hearing and the persons
             who constituted it are still available, the same persons are to
             constitute VCAT for the purposes of the proceeding.
             Section 108 of the VCAT Act applies to the proceeding.
             This means that at anytime during the hearing of a
             proceeding a party may apply to VCAT requesting that it be
             reconstituted for the purposes of the proceeding.


                                118
Clause 8.4   deals with part-heard matters in the LPT. If, immediately
             before the commencement day, a matter has been part
             heard in the LPT, VCAT is to hear and determine the
             matter as if the matter was commenced in VCAT.
             However, the old Act will continue to apply in respect of
             the matter. VCAT has all the functions and powers of the
             LPT under the old Act in respect of the matter. A reference
             in the old Act to the LPT is to be taken as a reference to
             VCAT. Anything done by the LPT in relation to the matter
             before the commencement day is taken to have been done
             by VCAT. VCAT may have regard to any evidence given
             to the LPT in the matter before the commencement day.
             If the LPT has already been constituted for the hearing and
             the persons who constituted it are still available, the same
             persons are to constitute VCAT for the purposes of the
             proceeding. Section 108 of the VCAT Act applies to the
             proceeding. This means that at anytime during the hearing
             of a proceeding a party may apply to VCAT requesting that
             it be reconstituted for the purposes of the proceeding.

Clause 8.5   provides that VCAT may make orders of a transitional
             nature if any difficulty arises in a proceeding because of the
             operation of this Schedule.

Clause 8.6   provides that orders and decisions made by the LPT prior to
             the commencement day may be enforced in accordance
             with any enforcement processes available under any Act in
             operation immediately before commencement provided a
             step had been taken in accordance with that Act prior to the
             commencement day.

              Division 2—Legal Practice Board
Clause 8.7   abolishes the old Board and provides that its members go
             out of office as members. It also provides that the new
             Board succeeds the old Board. This clause provides that,
             even though the new Board succeeds the old Board, any
             money lodged with the old Board in accordance with
             section 125 of the old Act (which requires a client who
             lodges a request in relation to a costs dispute to lodge the
             unpaid amount of the legal costs with the Board) is to
             become a right, obligation or liability of the Commissioner.
             Further, the Commissioner is substituted for the old Board
             in any arrangement under section 125(5) of the old Act,
             which requires the Board to put the legal costs paid by the
             client in accordance with section 125 in an interest-bearing
             account with an authorised deposit-taking institution.


                                119
Clause 8.8    provides that the new Board must prepare the annual report
              that the old Board would have been required to prepare
              under Part 7 of the Financial Management Act 1994 for
              the 2004–05 financial year if the annual report is not
              completed by the old Board before the commencement day.
              This provision requires the Chief Executive Officer of
              VCAT to provide any information reasonable required by
              the new Board to enable it to make its report. The LPT
              provided information to the old Board for inclusion in the
              old Board's annual report. Other transitional arrangements
              provide that the records of the LPT are to be transferred to
              VCAT. Therefore it may be necessary for the CEO of
              VCAT to assist the new Board by providing information
              relating to the LPT for inclusion in the annual report
              prepared for the 2004–05 financial year.

                Division 3—Legal Ombudsman
Clause 8.9    abolishes the office of the Legal Ombudsman and provides
              that the Legal Ombudsman goes out of office on the
              commencement day. It also provides that the
              Commissioner succeeds the Legal Ombudsman.
              This clause provides that, on the commencement day or as
              soon as practicable afterwards, all records held in the office
              of the Legal Ombudsman relating to the Ombudsman's
              functions under Part 5 (Disputes with Clients and
              Discipline) of the old Act are to be given to the
              Commissioner. All other records held in the office are to
              be given to the new Board with the exception of personnel
              records relating to staff who do not on the commencement
              day become employees of the Commissioner. Those staff
              records are to be given to the Secretary to the Department
              of Justice.

Clause 8.10   provides that the Commissioner must prepare the annual
              report for the 2004-05 financial year that otherwise would
              have been required to be prepared by the Legal
              Ombudsman if the Legal Ombudsman has not completed
              the annual report before the commencement day.
              This clause also provides that the person who was the
              Legal Ombudsman must provide any information
              reasonably required by the Commissioner to enable him
              or her to prepare the annual report.




                                 120
                        Division 4—Board
Clause 8.11   provides for the initial membership of the new Board.
              The initial members are the chairperson appointed under
              section 6.2.6 of the new Act, the members appointed under
              section 6.2.9 of the new Act, 2 local legal practitioners
              appointed by the Governor in Council on the
              recommendation of the Attorney-General following
              consultation with the Law Institute of Victoria and one
              local legal practitioner appointed by the Governor in
              Council on the recommendation of the Attorney-General
              following consultation with the Victorian Bar. The local
              legal practitioners appointed are to hold office until 30 June
              2006 and are eligible to stand for election to the new Board.
              These arrangements have been put in place to allow the
              new Board a period of time in which to operate before
              being required to conduct an election for the legal
              practitioner members.

                         Division 5—RPAs
Clause 8.12   provides that any money lodged with an RPA under
              section 125 of the old Act is vested in or becomes a right,
              obligation or liability of the Commissioner. Section 125
              requires a client who lodges a request in relation to a costs
              dispute to lodge the unpaid amount of the legal costs with
              the relevant RPA. Further, the Commissioner is substituted
              for the RPA in any arrangement under section 125(5) of the
              old Act which requires the RPA to put the legal costs paid
              by the client in accordance with section 125 in an
              interest-bearing account with an authorised deposit-taking
              institution.

Clause 8.13   provides that, on the commencement day or as soon as
              practicable afterwards, an RPA must ensure that all of its
              records relating to functions under Part 5 of the old Act are
              to be given to the Commissioner. All other records relating
              to the RPA's other functions under the old Act are to be
              given to the new Board.

Clause 8.14   provides that the new Board and the Commissioner may
              delegate functions to the Law Institute or Victorian Bar
              until regulations are made in relation to a person who is, or
              who is a member of a class who may be delegated functions
              by the new Board or the Commissioner. This clause also
              provides that, until regulations are made, the Law Institute
              and Victorian Bar are to be considered prescribed
              investigatory bodies. This will allow the Commissioner to

                                 121
              refer the investigation of a disciplinary complaint to the
              Law Institute or Victorian Bar. A reference to the Law
              Institute is to be read as a reference to an officer or
              employee of the Law Institute. A reference to the Victorian
              Bar is to be read as a reference to an officer, employee of
              the members of a committee of the Victorian Bar.

Division 6—Council of Legal Education and Board of Examiners
Clause 8.15   provides that a member of the Council of Legal Education
              under the old Act continues to be a member of the Council
              under the new Act on the same terms and conditions of
              appointment, for the balance of his or her term. The person
              holding office as honorary secretary to the Council
              continues to hold officer as if he or she was appointed
              under the new Act. This clause also preserves the operation
              of the Legal Practice (Admission) Rules 1999 as if the
              Rules were made under the new Act.

Clause 8.16   provides that a person who was a member of the Board of
              Examiners for Legal Practitioners continues to be a member
              of the Board of Examiners under the new Act on the same
              terms and conditions of appointment for the balance of his
              or her term.

                Division 7—Liability Committee
Clause 8.17   provides that the Chairperson of the Legal Practitioners'
              Liability Committee under the old Act continues to be the
              Chairperson of the Liability Committee under the new Act
              on the same terms and conditions of appointment, for the
              balance of his or her term. This clause also provides that all
              other members of the Liability Committee under the old
              Act will cease to be members 3 months after the
              commencement day unless they are re-appointed to the
              Liability Committee by the new Board.

Clause 8.18   provides that any determinations made by the Liability
              Committee under section 228 of the old Act relating to the
              terms and conditions of insurance, including premiums, are
              to be taken to be determinations by the Liability Committee
              under the new Act. This clause also provides that an
              exemption from obtaining or maintaining professional
              indemnity insurance given by the Liability Committee
              under section 229A of the old Act is to be treated as if it
              were an exemption given under the new Act.



                                 122
Clause 8.19   provides that all money standing to the credit of the Legal
              Practitioners' Liability Fund under the old Act is to form
              part of the Legal Practitioners' Liability Fund under the new
              Act.

                       Division 8—Funding
Clause 8.20   provides that all money standing to the credit of the Public
              Purpose Fund established under the old Act is to form part
              of the Public Purpose Fund established under the new Act.

              Clause 8.30(2) also provides for the transfer of funds
              between old and new accounts that are part of the Public
              Purpose Fund. Money in the old General Account is to be
              credited to the new General Account. Money in the old
              Statutory Deposit Account is to be credited to the new
              Statutory Deposit Account. Money in the Legal Practice
              Board Account is to be credited to the new General
              Account. Money in the Legal Profession Tribunal Account
              is to be credited to the new General Account. Money in the
              Trust Accounts Regulation Account is to be credited to the
              new General Account. Money in the Law Reform and
              Research Account is to be credited to the new Distribution
              Account.

              Clause 8.30(3) provides that any advance paid out of the
              Public Purpose Fund that has not been repaid before the
              commencement day is repayable to the new Board in
              accordance with the original terms of the advance and must
              be paid into the Public Purpose Fund.

              Clause 8.30(4) provides that, if the Attorney-General has
              given a direction that money must be paid out of the
              Victorian Law and Research Account to the Victorian Law
              Reform Commission and that direction has not been
              complied with before the commencement day, the direction
              is to continue in force and the new Board must pay that
              money as directed out of the Public Purpose Fund and debit
              the Distribution Account.

              Clause 8.30(5) requires the new Board to pay out of the
              new General Account of the Public Purpose Fund any
              amounts owing to a former RPA that the RPA would have
              been entitled to be paid under section 379 of the old Act for
              functions related to the regulation of trust accounts carried
              out before the commencement day.




                                 123
              Clause 8.30(6) requires the new Board to pay out of the
              new General Account any refund under section 23A (late
              application for practising certificates) of the old Act in
              respect of any applications made before commencement
              day.

              Clause 8.30(7) provides that, when the new Board gives
              funding to any person or funding for law related services
              and activities and has regard to amounts previously paid to
              the person or body, the new Board can take into account
              funding given under the old Act from the Public Purpose
              Fund.

              Clause 8.30(8) provides that, in transferring funding from
              the Fidelity Fund into the Public Purpose Fund, the new
              Board can take into account amounts paid out of the
              Fidelity Fund into the Public Purpose Fund under the old
              Act.

              Clause 8.30(9) provides that, in addition to any other
              amounts payable from the Public Purpose Fund, there is to
              be paid out of that Fund any amount determined by the
              Attorney-General for the costs incurred in establishing the
              new Board, the Commissioner and the office of the
              Commissioner and the transfer of functions from the LPT to
              VCAT.

Clause 8.21   provides that all money forming part of the Fidelity Fund
              under the old Act is to form part of the Fidelity Fund under
              the new Act. Clause 8.21(2) provides that the new Board
              must pay out of the Fidelity Fund to the successors of the
              RPAs under the old Act any amounts owing to the RPAs
              for investigating or defending claims made against the
              Fidelity Fund under the old Act.

Clause 8.22   provides that all money forming part of the Legal Practice
              Fund under the old Act is to form part of the Public Purpose
              Fund under the new Act.

Clause 8.33   provides that the new Board must pay to the successor of an
              RPA any amount owing to the RPA for regulating
              practitioners under section 392 of the old Act.




                                 124
                 PART 9—CONVEYANCERS
Clause 9.1    provides that, where the old Board has authorised a
              conveyancer to employ a person who has been struck off
              the roll, suspended, disqualified etc., that authorisation
              continues in force after the commencement day.
              This clause also provides that, where the old Board has
              approved the insurance that covers the conveyancer in
              connection with his or her conveyancing work, that
              approval is to be taken to have been given by the new
              Board.

                     PART 10—GENERAL
Clause 10.1   provides that a reference to the old Act in any Act other
              than the new Act or in any subordinate instrument,
              agreement, deed or other document must be treated as if it
              is a reference to the new Act so far as the reference relates
              to any period of time on or after the commencement date
              and is not inconsistent with the subject matter.

Clause 10.2   provides that, if a time limit is imposed under the old Act,
              that time limit continues to apply on or after the
              commencement day in relation to any act that was required
              or permitted to be done, and could have been done, before
              the commencement day. Further, unless the contrary
              intention appears, nothing in the new Act or the VCAT Act
              has the effect of extending or abridging time for doing that
              act. However, the time for doing an act may be extended or
              abridged on of after the commencement day in accordance
              with the old Act as if it were still in operation.




                                 125
126
                        COMPARATIVE TABLES
The following tables provide a comparison between the structure and clause
numbering of this Bill and the structure and clause numbering of the national
model provisions on which much of this Bill is based.
A reference in the tables to the model provisions is a reference to the version
of the Model Provisions developed for the Legal profession—model laws
project as at 15 July 2004.
Table 1 has 4 columns—
      the first column sets out the Chapter, Part, Division and clause
       numbers of this Bill;
      the second column sets out the equivalent Part, Division and clause
       number (if any) of the model provisions;
      the third column sets out the status of the relevant model provision.
       The model provisions fall into 3 categories—
              core provisions requiring textual uniformity to the maximum
               extent possible, marked CU ("Core Uniform");
              core provisions that are intended to be adopted, but not
               requiring textual uniformity, marked CNU ("Core Not
               Uniform");
              provisions that are optional, marked NC ("Not Core");
      the fourth column gives a reference, where appropriate, to provisions
       of the Legal Practice Act 1996, which is to be replaced by this Bill.
       This reference is generally included only where a provision of this Bill
       is based on a provision of the 1996 Act rather than the model
       provisions.
Table 2 has 3 columns—
      the first column sets out the Part, Division and clause numbers of the
       model provisions;
      the second column sets out the equivalent Chapter, Part, Division and
       clause number (if any) of this Bill;
      the third column sets out the status of the relevant model provision
       (as in Table 1).
If a provision is enclosed in square brackets in the tables, this indicates that
the provision is not a direct equivalent of the relevant provision, but deals
with similar subject-matter.
The tables are provided for information only and are not part of this Act.

                                       127
128
                                          TABLE 1
   Vic            Model    Status    1996            Vic           Model    Status       1996
Chapter 1                                         2.3.3      308           CNU/NC
Part 1.1    Part 1                                Div. 3     Div. 2
1.1.1       103           NC                      2.3.4      303(1)        CNU
1.1.2       102           CNU                     2.3.5      –                       7
Part 1.2                                          2.3.6      303(2)        CNU
1.2.1       104           NC/CU                   2.3.7      305           NC
1.2.2       105           CU                      2.3.8      305(4)        NC
1.2.3       106           CU                      2.3.9      306           CNU
1.2.4       107           CU                      Div. 4     Div. 4
1.2.5       108           CU                      2.3.10     310           NC
1.2.6       109           CNU                     2.3.11     –                       342
1.2.7       110           CNU                     Div. 5     Div. 5
1.2.8       111           CNU                     2.3.12     315                     337
Chapter 2                                         Part 2.4   Part 4
Part 2.1                                          Div. 1     Div. 1
2.1.1       –                                     2.4.1      401           NC
Part 2.2    Part 2                                Div. 2     Div. 2
Div. 1                                            2.4.2      402           CU
2.2.1       201           NC                      Div. 3     Div. 3
Div. 2                                            2.4.3      [403]         CNU/NC    20
2.2.2       202           CU                      2.4.4      404           CNU
2.2.3       203           CU                      2.4.5      405           CU/NC
2.2.4       204           NC                      2.4.6      407           CU
Div. 3                                            Div. 4     Div. 4
2.2.5       –                                     2.4.7      411(3), (4)   NC
2.2.6       –                       321           2.4.8      408           CU
2.2.7       1703          NC                      2.4.9      409           NC        22
2.2.8       –                       320           2.4.10     410           NC        23
Div. 4                                            2.4.11     –                       23A
2.2.9       –                       317           2.4.12     411           NC        29
2.2.10      –                       324           Div. 5     Div. 8
2.2.11      –                       325           2.4.13     426           NC
Div. 5                                            2.4.14     427           NC
2.2.12      205           CU                      2.4.15     427(6), (7)   NC
Part 2.3    Part 3                                2.4.16     428           NC
Div. 1      Div. 1                                2.4.17     429           CNU
2.3.1       301           NC                      2.4.18     430           CNU
Div. 2      Div. 3                                Div. 6     Div. 5
2.3.2       307           CNU                     2.4.19     412           NC




                                            129
                                   TABLE 1—continued
   Vic           Model    Status     1996            Vic           Model    Status   1996
2.4.20     413           NC                       Part 2.6   Part 6
2.4.21     414           NC                       Div. 1     Div. 1
2.4.22     423           NC                       2.6.1      601           NC
2.4.23     –                        39            2.6.2      603           NC
2.4.24     416           NC                       Div. 2     Div. 2
2.4.25     417           NC                       2.6.3      604           NC
Div. 7     Div. 6                                 2.6.4      605           CNU
2.4.26     418           CNU                      2.6.5      606           NC
2.4.27     419           CNU                      Div. 3     Div. 3
2.4.28     420           CNU                      2.6.6      607           CNU
2.4.29     421           NC                       2.6.7      608           CNU
Div. 8     Div. 7                                 2.6.8      609           CNU
2.4.30     424           NC                       Div. 4     Div. 4
2.4.31     425           NC                       2.6.9      610           CNU
Div. 9     Div. 9                                 2.6.10     611           CNU
2.4.32     435           CU                       2.6.11     612           CNU
2.4.33     436           CU                       2.6.12     613           CNU
2.4.34     –                        56            2.6.13     614           CNU
2.4.35     437           CNU                      Part 2.7   Part 13
2.4.36     438           CU                       Div. 1     Div. 1
Div. 10    Div. 10                                2.7.1      1301          NC
2.4.37     443           NC                       2.7.2      1302          CU
2.4.38     –                                      2.7.3      –
Div. 11    Div. 10                                Div. 2     Div. 2
2.4.39     439           NC                       2.7.4      1303          CU/NC
2.4.40     440           NC                       2.7.5      1304          CU
Part 2.5   Part 5                                 2.7.6      1305          CU
Div. 1                                            2.7.7      1306          CU/NC
2.5.1      –                                      2.7.8      1307          NC
2.5.2      –                                      2.7.9      1308          CU
Div. 2     –                                      2.7.10     1309          CU
2.5.3      –                                      2.7.11     1310          CU
Div. 3     –                                      2.7.12     1311          CU
2.5.4      –                                      2.7.13     1312          CU
2.5.5      –                                      2.7.14     1314          CU
2.5.6      –                                      2.7.15     1315          CU
2.5.7      –                                      2.7.16     1316          CU
2.5.8      –                                      2.7.17     1317          CU
Div. 4     –                                      2.7.18     1318          CU
2.5.9      –



                                            130
                                 TABLE 1—continued
   Vic         Model    Status     1996            Vic       Model    Status   1996
2.7.19     1319        CU                       2.8.1    1401        NC
2.7.20     1320        CU                       2.8.2    1402        CU
2.7.21     1321        CU                       2.8.3    1403        CU
2.7.22     1322        CU                       Div. 2   Div. 2
2.7.23     1323        NC                       2.8.4    1404        CU
2.7.24     1324        CU                       2.8.5    1405        CU
2.7.25     1325        CU                       2.8.6    1406        CU
2.7.26     1326        CU                       2.8.7    1407        CU
2.7.27     1327        CU                       2.8.8    1408        CU
2.7.28     1328        CU                       2.8.9    1409        CU
2.7.29     1329        CU                       2.8.10   1410        CU
2.7.30     1330        CU                       2.8.11   1411        CU
2.7.31     1331        CU                       2.8.12   1412        CU
2.7.32     1332        CU                       2.8.13   1413        CU
2.7.33     1333        CU                       2.8.14   1415        CU
2.7.34     1334        CU                       Div. 3   Div. 3
2.7.35     1335        CU                       2.8.15   1416        CU
Div. 3     Div. 3                               2.8.16   1417        CU
2.7.36     1336        CU                       2.8.17   1418        CU
2.7.37     1337        CU                       Div. 4   Div. 4
2.7.38     1338        CU                       2.8.18   1419        CU
2.7.39     1339        CU                       2.8.19   1420        CU
2.7.40     1340        CU                       2.8.20   1421        CU
2.7.41     1341        CU                       Div. 5   Div. 5
2.7.42     1342        CU                       2.8.21   1422        CU
2.7.43     1343        CU                       2.8.22   1423        CU
2.7.44     1344        CU                       2.8.23   1424        CU
2.7.45     1345        CU                       Div. 6   Div. 6
2.7.46     1346        CU                       2.8.24   1425        CNU
2.7.47     1347        CU                       2.8.25   1426        CNU
2.7.48     1348        CU                       2.8.26   1427        CNU
2.7.49     1349        CU                       2.8.27   1428        CNU
2.7.50     1350        CU                       2.8.28   1429        CNU
2.7.51     1351        CU                       2.8.29   1430        CNU
Div. 4     Div. 4                               Div. 7   Div. 7
2.7.52     1352        CU                       2.8.30   1431        CNU
2.7.53     1353        CU                       2.8.31   1432        CNU
Part 2.8   Part 14                              2.8.32   1433        CNU
Div. 1     Div. 1                               2.8.33   1434        CNU




                                          131
                                  TABLE 1—continued
   Vic          Model    Status     1996            Vic           Model    Status     1996
Div. 8      Div. 8                               3.2.6      –                       69
2.8.34      1436        CNU                      3.2.7      –                       70
2.8.35      1437        CNU                      3.2.8      –                       71
2.8.36      1438        CNU                      Div. 3     Div. 2
2.8.37      1439        CNU                      3.2.9      1602          CNU
2.8.38      1440        CNU                      3.2.10     1603          CNU
Div. 9      Div. 9                               3.2.11     1604          CNU
2.8.39      1441        CNU                      3.2.12     –
2.8.40      1442        CNU                      3.2.13     1605          CNU
2.8.41      1444        CNU                      Div. 4     Div. 3
2.8.42      1445        CNU                      3.2.14     1606          CNU
2.8.43      1446        CNU                      3.2.15     1607          NC
Div. 10     Div. 10                              Div. 5
2.8.44      1447        CNU                      3.2.16     –                       72(1)(B)
2.8.45      1448        CNU                      Div. 6     Div. 4
Div. 11     Div. 11                              3.2.17     1608          CNU
2.8.46      1449        CNU                      3.2.18     1609          CNU
2.8.47      1451        CNU                      3.2.19     1610          CNU
2.8.48      1452        CNU                      Div. 7
2.8.49      1453        CNU                      3.2.20     –                       82
2.8.50      1454        CNU                      3.2.21     –                       83
2.8.51      1456        CNU                      3.2.22     –
Part 2.9                                         3.2.23     –                       84
2.9.1       –                                    3.2.24     –                       85
2.9.2       –                                    Part 3.3   Part 7
2.9.3       –                                    Div. 1     Div. 1
2.9.4       –                                    3.3.1      701           NC
2.9.5       –                                    3.3.2      702           CU
Chapter 3                                        3.3.3      703           CU
Part 3.1                                         3.3.4      704           CU
3.1.1       –                                    3.3.5      705           CU
Part 3.2    Part 16                              3.3.6      706           CU
Div. 1      Div. 1                               3.3.7      707           CU
3.2.1       1601        NC                       3.3.8      708           CU
Div. 2                                           3.3.9      709           CU
3.2.2       –                     65             3.3.10     710           CU
3.2.3       –                     66             Div. 2     Div. 2
3.2.4       –                     67             3.3.11     711           CU
3.2.5       –                     68             3.3.12     –                       173A




                                           132
                                    TABLE 1—continued
   Vic         Model       Status     1996            Vic           Model      Status     1996
3.3.13   712              CU                       Div. 4     Div 3 Subd. 2
3.3.14   713              CU                       3.3.51     [729]           NC        3(1)
3.3.15   714              CU                       3.3.52     –                         183
3.3.16   715              CU                       3.3.53     734             NC
3.3.17   716              CU                       3.3.54     [736]           NC        184
3.3.18   717              CU                       3.3.55     [733]           NC        185
3.3.19   718              CU                       3.3.56     –
3.3.20   719              CU                       3.3.57     –                         186
3.3.21   720              CU                       3.3.58     –                         187
3.3.22   721(1)(2)        CU        189            Div. 5     Div. 4
3.3.23   –                          190            3.3.59     [738]           NC        176
3.3.24   721(3)           CU                       3.3.60     –
3.3.25   722              CU                       3.3.61     740             NC
3.3.26   723              CU                       Div. 6     Div. 4
3.3.27   –                          182A           3.3.62     –
Div. 3   Div. 3 Subd. 1                            3.3.63     –
3.3.28   –                                         3.3.64     –
3.3.29   –                          192            3.3.65     –
3.3.30   –                                         3.3.66     –                         181
3.3.31   –                          194            3.3.67     –
3.3.32   –                                         3.3.68     –
3.3.33   –                                         3.3.69     –
3.3.34   –                                         Div. 7
3.3.35   –                                         3.3.70     –                         177
3.3.36   –                                         Div. 8     Div. 5
3.3.37   –                          195            3.3.71     742             NC        (178)
3.3.38   –                                         3.3.72     –
3.3.39   –                                         3.3.73     743             NC
3.3.40   –                                         3.3.74     744             NC
3.3.41   –                                         3.3.75     745             NC
3.3.42   –                                         Part 3.4   Part 10
3.3.43   –                          194            Div. 1     Div. 1
3.3.44   –                          194            3.4.1      1001            NC
3.3.45   –                          194            3.4.2      1002            CU/NC
3.3.46   –                          194            Div. 2     Div. 2
3.3.47   727(1)           NC        196            3.4.3      1003            CU
3.3.48   728              NC        197            3.4.4      1004            CU
3.3.49   –                          198            3.4.5      1005            CU
3.3.50   –                          199            3.4.6      1006            CU




                                             133
                               TABLE 1—continued
   Vic       Model    Status     1996            Vic           Model    Status     1996
3.4.7    1007        CU                       3.4.42     1039          CNU
3.4.8    1008        CU                       3.4.43     1040          NC        118
Div. 3   Div. 3                               3.4.44     1041          CU
3.4.9    1009        CU/NC                    3.4.45     1043          CNU
3.4.10   1010        CU                       3.4.46     1044          CNU
3.4.11   1011        CU                       3.4.47     1045          CNU
3.4.12   1012        CU                       3.4.48     1046          NC
3.4.13   1013        CU                       Div. 8     Div. 8
3.4.14   1014(B)     NC                       3.4.49     1047          CNU
3.4.15   1015        CU                       3.4.50     1048          CU
3.4.16   1016        CU                       Part 3.5   Part 9
3.4.17   1017        CU                       3.5.1      –
3.4.18   1018        CU                       3.5.2      –                       224-7
Div. 4   Div. 4                               3.5.3      –                       63ZA
3.4.19   1019        CU                       3.5.4      –
3.4.20   1020        NC                       3.5.5      –                       227A
3.4.21   1021        NC                       3.5.6      –                       228
3.4.22   –                     111            3.5.7      –                       229A
3.4.23   –                     112            Part 3.6   Part 8
3.4.24   –                     113            Div. 1     Div. 1
3.4.25   –                     114            3.6.1      801           NC
Div. 5   Div. 5                               3.6.2      802           CU/NC
3.4.26   1022        CU/NC                    3.6.3      803           CU
3.4.27   1023        NC                       Div. 2     Div. 3
3.4.28   1024        NC                       3.6.4      807           CU
3.4.29   1025        CU                       3.6.5      808           CU
3.4.30   1026        CU/NC                    3.6.6      809           CNU
3.4.31   1027        CU                       Div. 3     Div. 4
3.4.32   1028        CU                       3.6.7      810           CNU
Div. 6   Div. 6                               3.6.8      811           CNU
3.4.33   1029        NC                       3.6.9      812           CNU
3.4.34   1030        NC                       3.6.10     813           CNU
3.4.35   1031        CU                       3.6.11     814           CNU
3.4.36   1032        NC                       3.6.12     815           CNU       211(5)
3.4.37   1033        NC                       3.6.13     816           CNU
Div. 7   Div. 7                               Div. 4     Div. 5
3.4.38   1034        CNU/CU                   3.6.14     817           CNU
3.4.39   1035        CNU                      3.6.15     818           CNU
3.4.40   1036        CNU                      3.6.16     819           CNU
3.4.41   1038        CNU                      3.6.17     820           CNU



                                        134
                                    TABLE 1—continued
   Vic            Model    Status     1996            Vic         Model    Status     1996
3.6.18      821           CNU                      4.1.3      1103        NC
3.6.19      822           CNU                      4.1.4      1108        CNU
3.6.20      823           CNU                      4.1.5      1109        CNU
3.6.21      824           CNU                      Part 4.2   Div. 4
3.6.22      825           CNU                      4.2.1      1110(1)     NC
3.6.23      826           CNU                      4.2.2      –                     122
3.6.24      827           CNU                      4.2.3      –
3.6.25      828           CNU                      4.2.4      –
Div. 5      Div. 6                                 4.2.5      –
3.6.26      830           CNU                      4.2.6      –
3.6.27      831           CNU                      4.2.7      –
Div. 6      Div. 7                                 4.2.8      –
3.6.28      832           CNU                      4.2.9      –
3.6.29      833           CNU                      4.2.10     1116        NC
Div. 7      Div. 8                                 4.2.11     1110(3)     NC
3.6.30      834           CU                       4.2.12     –
3.6.31      835           CU                       4.2.13     –
Div. 8      Div. 9                                 4.2.14     1155(2)     NC        133(2)
3.6.32      836           CNU                      4.2.15     1183        NC
3.6.33      837           CNU                      4.2.16     –                     430
3.6.34      838           CNU                      Part 4.3   –
3.6.35      839           CNU                      Div. 1
3.6.36      840           CNU                      4.3.1      –
3.6.37      841           CNU                      Div. 2
3.6.38      842           CNU                      4.3.2      –                     124
3.6.39      843           CNU                      4.3.3      –                     125
3.6.40      844           CNU                      4.3.4      –                     125
3.6.41      845           CNU                      4.3.5      –                     126
Div. 9      Div. 10                                4.3.6      –
3.6.42      847(1)(3)     NC                       4.3.7      –                     128
3.6.43      848(1)(3)     NC                       Div. 3     Div. 5
3.6.44      849           NC                       4.3.8      –
Chapter 4   Part 11                                4.3.9      –
Part 4.1                                           4.3.10     –
Div. 1      Div. 1                                 4.3.11     1123        NC
4.1.1       1101          NC                       4.3.12     –                     130
Div. 2      Div. 3                                 4.3.13     –                     131
4.1.2       1107          CNU                      4.3.14     –




                                             135
                                  TABLE 1—continued
   Vic         Model     Status     1996            Vic             Model       Status     1996
Div. 4                                           4.4.29      –                           166(1)
4.3.15     –                                     4.4.30      1164              CNU
4.3.16     –                                     4.4.31      1165              CNU
4.3.17     –                      133            Div. 7      Div. 12
Part 4.4                                         4.4.32      1166              CNU
Div. 1                                           4.4.33      1167              CNU
4.4.1      –                                     4.4.34      1168              NC
Div 2      Div 2                                 4.4.35      1169              CNU
4.4.2      1104         CU                       4.4.36      1170              CNU
4.4.3      1105         CU                       4.4.37      1171              CNU
4.4.4      1106         CU                       4.4.38      1172              CNU
4.4.5      –                      137            Div. 8      Div. 13
4.4.6      –                      137            4.4.39      1173              NC
Div. 3     Div. 6                                Chapter 5   Part 12
4.4.7      1125         NC                       Part 5.1    Div. 1
4.4.8      –                      145            5.1.1       1201              NC
4.4.9      –                                     5.1.2       1202              CU
4.4.10     –                                     5.1.3       1203              CU
4.4.11     –                      149            5.1.4       1204              CU
4.4.12     –                      150            Part 5.2    Div. 2
4.4.13     [1129]       NC        151            5.2.1       1205              CU
4.4.14     –                      152            5.2.2       1206              CU
Div. 4     Div. 9                                Part 5.3    Div. 3
4.4.15     –                      157            5.3.1       1207              CU
4.4.16     1147(1)      CNU                      5.3.2       1208              CU
4.4.17     1147(2)      CNU                      5.3.3       1209              CU
4.4.18     1147(3)      CNU                      5.3.4       1210(1),(5),(6)   CU
4.4.19     1147(4)      CNU                      5.3.5       1210(2)(4)        CU
4.4.20     1147(6)      CNU                      5.3.6       1211              CU
Div. 5                                           5.3.7       1212              CU
4.4.21     –                                     Part 5.4    Div. 4
4.4.22     –                                     5.4.1       1213              CU
4.4.23     –                                     5.4.2       1214              CU
4.4.24     –                                     5.4.3       1215              CU
Div. 6     Div. 11                               5.4.4       1216(1)           CU
4.4.25     1159         CNU                      5.4.5       1216(2)(4)        CU
4.4.26     1160         CNU                      5.4.6       1217              CU
4.4.27     1160(4)(5)   CNU                      5.4.7       1218              CU
4.4.28     1161         CNU                      5.4.8       1219              CU




                                           136
                                  TABLE 1—continued
   Vic          Model    Status     1996            Vic           Model    Status     1996
Part 5.5    Div. 5                               Div. 2
5.5.1       1221        CU                       6.2.5      –                       [349]
5.5.2       1222        CU                       6.2.6      –                       [350]
5.5.3       1223        CU                       6.2.7      –                       [350]
5.5.4       1224        CU                       6.2.8      –                       [351]
5.5.5       1225        CU                       6.2.9      –                       [352]
5.5.6       1226        CU                       6.2.10     –                       [353]
5.5.7       1227        CU                       6.2.11     –                       [355]
5.5.8       1228        CU                       6.2.12     –                       [354]
5.5.9       1229        CU                       6.2.13     –                       [356]
5.5.10      1230        CU                       Div. 3
5.5.11      1231        CU                       6.2.14     –                       357
5.5.12      1232        CU                       6.2.15     –                       358
5.5.13      1233        CU                       6.2.16     –                       359
5.5.14      1234        CU                       6.2.17     –                       360
5.5.15      1235        CU                       6.2.18     –                       [363]
5.5.16      1236        CU                       6.2.19     –                       [361(2)]
5.5.17      1237        CU                       6.2.20     –
Part 5.6    Div. 6                               6.2.21     –
5.6.1       1238        CU                       6.2.22     –
5.6.2       1239        CU                       Div. 4
5.6.3       1240        CU                       6.2.23     441           NC
5.6.4       1241        CU                       6.2.24     –
5.6.5       1242        CU                       Part 6.3
5.6.6       1243        CU                       Div. 1
5.6.7       1244        CU                       6.3.1      –
5.6.8       1245        CU                       6.3.2      –
5.6.9       1246        CU                       6.3.3      –
5.6.10      –                     283(1)         6.3.4      –
Chapter 6                                        Div. 2
Part 6.1                                         6.3.5      –
6.1.1       –                                    6.3.6      –
6.1.2       –                                    6.3.7      –
Part 6.2                                         6.3.8      –
6.2.1       –                     [347]          6.3.9      –
6.2.2       –                     [348]          6.3.10     –
6.2.3       –                                    6.3.11     –
6.2.4       –                                    6.3.12     –




                                           137
                                TABLE 1—continued
   Vic         Model   Status     1996               Vic         Model   Status      1996
6.3.13     –                                      6.6.6      –                    238
6.3.14     –                                      6.6.7      –                    239
6.3.15     –                                      6.6.8      –                    240
Part 6.4                                          6.6.9      –                    241
Div. 1                                            6.6.10     –                    242
6.4.1      –                                      6.6.11     –                    243
6.4.2      –                                      6.6.12     –                    244
6.4.3      –                                      6.6.13     –                    246
6.4.4      –                                      6.6.14     –
Div. 2                                            Div. 2
6.4.5      –                    [362]             6.6.15     –                    230
Part 6.5                                          6.6.16     –                    231
Div. 1                                            6.6.17     –                    232
6.5.1      –                    331(1)(3)         6.6.18     –                    233
6.5.2      –                    332               6.6.19     –                    233A
6.5.3      –                    331(4)(9)         Part 6.7
6.5.4      –                    333               Div. 1
6.5.5      –                                      6.7.1      –                    372
6.5.6      –                                      6.7.2      –                    [373]
6.5.7      –                                      6.7.3      –                    [374]
6.5.8      –                    336               6.7.4      –                    375
Div. 2                                            6.7.5      –
6.5.9      –                    338(1)(3)         6.7.6      –
6.5.10     –                    341               6.7.7      –
6.5.11     –                    338(4)(5)         6.7.8      –
6.5.12     –                    339               6.7.9      –                    380
6.5.13     –                    340               6.7.10     –                    [382]
6.5.14     –                    343               6.7.11     –                    [384A]
6.5.15     –                    [344]             6.7.12     –                    384B
6.5.16     –                    [344]             6.7.13     –                    385
6.5.17     –                    345               6.7.14     –                    [387]
6.5.18     –                    346               Div. 2
Part 6.6                                          6.7.15     –           CNU      388(1)
Div. 1                                            6.7.16     –           CNU
6.6.1      –                    234               6.7.17     –                    388(2)
6.6.2      –                    235               6.7.18     –                    388(3)
6.6.3      –                    236               6.7.19     –                    388(6)-(8)
6.6.4      –                    237               6.7.20     –                    389
6.6.5      –                                      6.7.21     –                    390




                                            138
                                    TABLE 1—continued
   Vic            Model    Status     1996              Vic          Model    Status     1996
6.7.22      805           CNU                        7.2.3       –                     433
6.7.23      806           CNU                        7.2.4       –                     434
Div. 3                                               7.2.5       –                     435
6.7.24      –                       [200]            Div. 2
6.7.25      –                       [201]            7.2.6       –                     441A
6.7.26      –                       [202]            7.2.7       –                     441B
6.7.27      –                       [202]            7.2.8       –                     441D
6.7.28      –                       [202]            7.2.9       –                     441E
6.7.29      –                       [202]            7.2.10      –                     441
6.7.30      –                       [202(5)]         Div. 3      Part 17
6.7.31      –                       [203]            7.2.11      –                     442
6.7.32      –                       [204]            7.2.12      1702        CU
6.7.33      –                       205              7.2.13      1704        NC        [316]
6.7.34      –                       206              7.2.14      1705        NC
6.7.35      –                       207              7.2.15      1706        CNU
Chapter 7                                            7.2.16      –                     443(1)
Part 7.1                                             Div. 4
7.1.1       –                       326              7.2.17      1710        NC        445
7.1.2       –                       327              Chapter 8
7.1.3       –                       328              Part 8.1
7.1.4       –                       329              Div. 1
7.1.5       –                       330              8.1.1       –
7.1.6       –                       330A             Div. 2
Part 7.2                                             8.1.2       –
Div. 1                                               8.1.3       –
7.2.1       –                       431              Part 8.2
7.2.2       –                       [432]            8.2.1       –




                                               139
                                     TABLE 2
      Model            Vic    Status               Model            Vic       Status
Part 1        Chapter 1                      316           Sch. 2 c1.2.1     NC
101           –              CNU             Part 4        Part 2.4
102           1.1.2          CNU             Div. 1        Div. 1
103           1.1.1          NC              401           2.4.1             NC
104           1.2.1          NC/CU           Div. 2        Div. 2
105           1.2.2          CU              402           2.4.2             CU
106           1.2.3          CU              Div. 3        Div. 3
107           1.2.4          CU              403           2.4.3             CU/CNU
108           1.2.5          CU              404           2.4.4             CNU
109           1.2.6          CNU             405           2.4.5             CU/NC
110           1.2.7          CNU             406           2.4.9(1)(b)(iv)   CNU
111           1.2.8          CNU             407           2.4.6             CU
Part 2        Part 2.2                       Div. 4        Div. 4
201           2.2.1          NC              408           2.4.8             CU
202           2.2.2          CU              409           2.4.9             NC
203           2.2.3          CU              410           [2.4.10]          NC
204           2.2.4          NC              411           [2.4.12]          NC
205           2.2.12         CU              Div. 5        Div. 6
Part 3        Part 2.3                       412           2.4.19            NC
Div. 1        Div. 1                         413           2.4.20            NC
301           2.3.1          NC              414           2.4.21            NC
302           –              NC              415           –                 NC
Div. 2        Div. 3                         416           2.4.24            NC
303           2.3.6          CNU             417           2.4.25            NC
304           –              NC              Div. 6        Div. 7
305           2.3.7          NC              418           2.4.26            CNU
306           2.3.9          CNU             419           2.4.27            CNU
Div. 3        Div. 2                         420           2.4.28            CNU
307           2.3.2          CNU             421           2.4.29            NC
308           2.3.3          CNU/NC          422           –                 NC
309           –              NC              Div. 7        Div. 8
Div. 4        Div. 4                         423           2.4.22            NC
310           2.3.10         NC              424           2.4.30            NC
311           –              NC              425           2.4.31            NC
312           –              NC              Div. 8        Div. 5
Div. 5        Div. 5                         426           2.4.13            NC
313           –              NC              427           2.4.15            NC
314           –              NC              428           2.4.16            NC
315           2.3.12         NC              429           2.4.17            CNU




                                       140
                              TABLE 2—continued
      Model             Vic    Status               Model            Vic    Status
430           2.4.18          CNU             613           2.6.12         CNU
431           –               NC              614           2.6.13         CNU
432           –               NC              Part 7        Part 3.3
433           [4.4.5]         NC              Div. 1        Div. 1
Div. 9        Div. 9                          701           3.3.1          NC
434           3.5.2           CNU             702           3.3.2          CU
435           2.4.32          CU              703           3.3.3          CNU
436           2.4.33          CU              704           3.3.4          CU
437           2.4.35          CNU             705           3.3.5          CU
438           2.4.36          CU              706           3.3.6          CU
Div. 10       Div. 10/11                      707           3.3.7          CU
439           2.4.39          NC              708           3.3.8          CU
440           2.4.40          NC              709           3.3.9          CU
441           [6.2.23]        NC              710           3.3.10         CU
442           –               NC              Div. 2        Div. 2
443           2.4.37 – 38     NC              711           3.3.11         CU
                                              712           3.3.13         CU
444           [2.2.2(2)(g)]   CNU             713           3.3.14         CU
445           –               NC              714           3.3.15         CU
446           –               NC              715           3.3.16         CU
447           Sch. 2          CNU             716           3.3.17         CU
Part 5        Part 2.5                        717           3.3.18         CU
Part 6        Part 2.6                        718           3.3.19         CU
Div. 1        Div. 1                          719           3.3.20         CU
601           2.6.1           NC              720           3.3.21         CU
602           –               NC              721           3.3.22         CU
603           2.6.2           NC              722           3.3.25         CU
Div. 2        Div. 2                          723           3.3.26         CU
604           2.6.3           NC              Div. 3        Div. 3
605           2.6.4           CNU             Subd. 1
606           2.6.5           NC              724           [3.2.29]       NC
Div. 3        Div. 3                          725           [3.2.28]       NC
607           2.6.6           CNU             726           –              NC
608           2.6.7           CNU             727           [3.3.47]       NC
609           2.6.8           CNU             728           [3.3.48]       NC
Div. 4        Div. 4                          Subd. 2       Div. 4
610           2.6.9           CNU             729           [3.3.51]       NC
611           2.6.10          NC              730           –              NC
612           2.6.11          CNU             731           –              NC




                                        141
                                TABLE 2—continued
      Model            Vic       Status               Model            Vic    Status
732           –                 NC              819           3.6.16         CNU
733           [3.3.55]          NC              820           3.6.17         CNU
734           3.3.53            NC              821           3.6.18         CNU
735           –                 NC              822           3.6.19         CNU
736           [3.3.54]          NC              823           3.6.20         CNU
737           –                 NC              824           3.6.21         CNU
Div. 4        Div. 5                            825           3.6.22         CNU
738           [3.3.59]          NC              826           3.6.23         CNU
739           –                 NC              827           3.6.24         CNU
740           3.3.61            NC              828           3.6.25         CNU
741           [Div. 6]          NC              Div. 6        Div. 5
Div. 5                                          829           6.7.16         CNU
742           3.3.71            NC              830           3.6.26         CNU
743           3.3.73            NC              831           3.6.27         CNU
744           3.3.74            NC              Div. 7        Div. 6
745           [3.3.75]          NC              832           3.6.28         CNU
Part 8        Part 3.6                          833           3.6.29         CNU
Div. 1        Div. 1                            Div. 8        Div. 7
801           3.6.1             NC              834           3.6.30         CU
802           3.6.2             NC/CU           835           3.6.31         CU
Div. 2        Part 6.7 Div. 2                   Div. 9        Div. 8
804           6.7.15            CNU             836           3.6.32         CNU
805           6.7.22            CNU             837           3.6.33         CNU
806           6.7.23            CNU             838           3.6.34         CNU
Div. 3        Div. 2                            839           3.6.35         CNU
807           3.6.4             CU              840           3.6.36         CNU
808           3.6.5             CU              841           3.6.37         CNU
809           3.6.6             CNU             842           3.6.38         CNU
Div. 4        Div. 3                            843           3.6.39         CNU
810           3.6.7             CNU             844           3.6.40         CNU
811           3.6.8             CNU             845           3.6.41         CNU
812           3.6.9             CNU             Div. 10       Div. 9
813           3.6.10            CNU             846           –              NC
814           3.6.11            CNU             847           3.6.42         NC
815           3.6.12            CNU             848           3.6.43         NC
816           3.6.13            CNU             849           3.6.44         NC
Div. 5        Div. 4                            850           Sch. 2         NC
817           3.6.14            CNU             Part 9        Part 3.5
818           3.6.15            CNU             Part 10       Part 3.4




                                          142
                           TABLE 2—continued
    Model            Vic    Status             Model             Vic      Status
Div. 1      Div. 1                         Div. 7      Div. 7
1001        3.4.1          NC              1034        3.4.38            CNU/CU
1002        3.4.2          CU/NC           1035        3.4.39            CNU
Div. 2      Div. 2                         1036        3.4.40            CNU
1003        3.4.3          CU              1037        –                 NC
1004        3.4.4          CU              1038        3.4.41            CNU
1005        3.4.5          CU              1039        3.4.42            CNU
1006        3.4.6          CU              1040        3.4.43(i)         NC
1007        3.4.7          CU              1041        3.4.44            CU
1008        3.4.8          CU              1042        –                 NC
Div. 3      Div. 3                         1043        3.4.45            CNU
1009        3.4.9          CU/NC           1044        3.4.46            CNU
1010        3.4.10         CU              1045        3.4.47            CNU
1011        3.4.11         CU              1046        3.4.48            NC
1012        3.4.12         CU              Div. 8      Div. 8
1013        3.4.13         CU              1047        3.4.49            CNU
1014        3.4.14         NC              1048        3.4.50            CU
1015        3.4.15         CU              Part 11     Chapter 4
1016        3.4.16         CU              Div. 1      Part 4.1 Div. 1
1017        3.4.17         CU              1101        4.1.1             NC
1018        3.4.18         CU              1102        –                 NC
Div. 4      Div. 4                         1103        4.1.3             NC
1019        3.4.19         CU              Div. 2      Part 4.4 Div. 2
1020        3.4.20         NC              1104        4.4.2             CU
1021        3.4.21         NC              1105        4.4.3             CU/CNU
Div. 5      Div. 5                         1106        4.4.4             CU
1022        3.4.26         CU/NC           Div. 3      Part 4.1 Div. 2
1023        3.4.27         NC              1107        4.1.2(1)          CNU
1024        3.4.28         NC              1108        4.1.4             CNU
1025        3.4.29         CU              1109        4.1.5             CNU
1026        3.4.30         CU/NC           Div. 4      Part 4.2
1027        3.4.31         CU              1110        [4.2.1]           NC
1028        3.4.32         CU              1111        –                 NC
Div. 6      Div. 6                         1112        –                 NC
1029        3.4.33         NC              1113        4.2.9             NC
1030        3.4.34         NC              1114        [4.2.8]           NC
1031        3.4.35         CU              1115        –                 NC
1032        3.4.36         NC              1116        4.2.10            NC
1033        3437           NC              1117        –                 NC




                                     143
                              TABLE 2—continued
    Model             Vic      Status             Model            Vic       Status
Div. 5      Part 4.3 Div. 3                   1147(6)     4.4.20            CNU
1118        –                 NC              1148        VCAT Act          NC
1119        –                 NC              1149        VCAT Act          NC
1120        –                 NC              1150        VCAT Act          NC
1121        –                 NC              1151        VCAT Act          NC
1122        –                 NC              1152        –                 NC
1123        4.3.11            NC              Div. 10
1124        [6.4.4]           NC              1153        –                 NC
Div. 6      Part 4.4 Div. 3                   1154        [4.2.14]          NC
1125        4.4.7             NC              1155        [4.2.14]          NC
1126        –                 NC              1156        –                 NC
1127        –                 NC              1157        VCAT Act          NC
1128        [4.3.5(2)(b)]     NC              1158        [4.2.14]          NC
Div. 7                                        Div. 11     Div. 6
1129        [4.4.13]          NC              1159        4.4.25            CNU
1130        [4.4.13(5)]       NC              1160        4.4.26            CNU
1131        [4.4.13(3)]       NC              1161        4.4.28            CNU
1132        –                 NC              1162        –                 CNU
1133        –                 NC              1163        –                 NC
Div. 8                                        1164        4.4.30            CNU
1134        –                 NC              1165        4.4.31            CNU
1135        [4.4.12(1)]       NC              Div. 12     Div. 7
1136        [4.4.14]          NC              1166        4.4.32            CNU
Div. 9      Part 4.4 Div. 4                   1167        4.4.33            CNU
1137        –                 NC              1168        4.4.34            CNU
1138        [4.4.15]          NC              1169        4.4.35            CNU
1139        –                 NC              1170        4.4.36            CNU
1140        –                 NC              1171        4.4.37            CNU
1141        –                 NC              1172        4.4.38            CNU
1142        –                 NC              Div. 13     Div. 8
1143        –                 NC              1173        4.4.39            NC
1144        –                 NC              1174        [4.2.12]          NC
1145        –                 NC              1175        –                 NC
1146        –                 NC              1176        –                 NC
1147(1)     4.4.16            CNU             1177        –                 NC
1147(2)     4.4.17            CNU             1178        –                 NC
1147(3)     4.4.18            CNU             1179        [6.3.11, 6.4.4]   NC
1147(4)     4.4.19            CNU             1180        –                 NC
1147(5)     VCAT Act          CNU             1181        –                 NC




                                        144
                               TABLE 2—continued
    Model                Vic    Status             Model             Vic    Status
1182            –              NC              1229        5.5.9           CU
1183            4.2.15         NC              1230        5.5.10          CU
1184            [6.3.12]       NC              1231        5.5.11          CU
Part 12         Chapter 5                      1232        5.5.12          CU
Div. 1          Part 5.1                       1233        5.5.13          CU
1201            5.1.1          NC              1234        5.5.14          CU
1202            5.1.2          CU              1235        5.5.15          CU
1203            5.1.3          CU              1236        5.5.16          CU
1204            5.1.4          CU              1237        5.5.17          CU
Div. 2          Part 5.2                       Div. 6      Part 5.6
1205            5.2.1          CU              1238        5.6.1           CU
1206            5.2.2          CU              1239        5.6.2           CU
Div. 3          Part 5.3                       1240        5.6.3           CU
1207            5.3.1          CU              1241        5.6.4           CU
1208            5.3.2          CU              1242        5.6.5           CU
1209            5.3.3          CU              1243        5.6.6           CU
1210(1)(5)(6)   5.3.4          CU              1244        5.6.7           CU
1210(2)-(4)     5.3.5          CU              1245        5.6.8           CU
1211            5.3.6          CU              1246        5.6.9           CU
1212            5.3.7          CU              1247        [5.6.10]        CU
Div. 4          Part 5.4                       Part 13     Part 2.7
1213            5.4.1          CU              Div. 1      Div. 1
1214            5.4.2          CU              1301        2.7.1           NC
1215            5.4.3          CU              1302        2.7.2           CU
1216(1)         5.4.4          CU              Div. 2      Div. 2
1216(2)-(4)     5.4.5          CU              1303        2.7.4           CU/NC
1217            5.4.6          CU              1304        2.7.5           CU
1218            5.4.7          CU              1305        2.7.6           CU
1219            5.4.8          CU              1306        2.7.7           CU/NC
Div. 5          Part 5.5                       1307        2.7.8           NC
1220            –              CU              1308        2.7.9           CU
1221            5.5.1          CU              1309        2.7.10          CU
1222            5.5.2          CU              1310        2.7.11          CU
1223            5.5.3          CU              1311        2.7.12          CU
1224            5.5.4          CU              1312        2.7.13          CU
1225            5.5.5          CU              1313        [3.5.2]         CNU
1226            5.5.6          CU              1314        2.7.14          CU
1227            5.5.7          CU              1315        2.7.15          CU
1228            5.5.8          CU              1316        2.7.16          CU




                                         145
                           TABLE 2—continued
    Model            Vic    Status             Model             Vic    Status
1317        2.7.17         CU              1353        2.7.53          CU
1318        2.7.18         CU              Part 14     Part 2.8
1319        2.7.19         CU              Div. 1      Div. 1
1320        2.7.20         CU              1401        2.8.1           NC
1321        2.7.21         CU              1402        2.8.2           CU
1322        2.7.22         CU              1403        2.8.3           CU
1323        –              NC              Div. 2      Div. 2
1324        2.7.24         CU              1404        2.8.4           CU
1325        2.7.25         CU              1405        2.8.5           CU
1326        2.7.26         CU              1406        2.8.6           CU
1327        2.7.27         CU              1407        2.8.7           CU
1328        2.7.28         CU              1408        2.8.8           CU
1329        2.7.29         CU              1409        2.8.9           CU
1330        2.7.30         CU              1410        2.8.10          CU
1331        2.7.31         CU              1411        2.8.11          CU
1332        2.7.32         CU              1412        2.8.12          CU
1333        2.7.33         CU              1413        2.8.13          CU
1334        2.7.34         CU              1414        [3.5.3]         CU
1335        2.7.35         CU              1415        2.8.4           CU
Div. 3      Div. 3                         Div. 3      Div. 3
1336        2.7.36         CU              1416        2.8.15          CU
1337        2.7.37         CU              1417        2.8.16          CU
1338        2.7.38         CU              1418        2.8.17          CU
1339        2.7.39         CU              Div. 4      Div. 4
1340        2.7.40         CU              1419        2.8.18          CU
1341        2.7.41         CU              1420        2.8.19          CU
1342        2.7.42         CU              1421        2.8.20          CU
1343        2.7.43         CU              Div. 5      Div. 5
1344        2.7.44         CU              1422        2.8.21          CU
1345        2.7.45         CU              1423        2.8.22          CU
1346        2.7.46         CU              1424        2.8.23          CU
1347        2.7.47         CU              Div. 6      Div. 6
1348        2.7.48         CU              1425        2.8.24          CNU
1349        2.7.49         CU              1426        2.8.25          CNU
1350        2.7.50         CU              1427        2.8.26          CNU
1351        2.7.51         CU              1428        2.8.27          CNU
Div. 4      Div. 4                         1429        2.8.28          CNU
1352        2.7.52         CU              1430        2.8.29          CNU




                                     146
                           TABLE 2—continued
    Model            Vic    Status             Model             Vic    Status
Div. 7      Div. 7                         1455        –               NC
1431        2.8.30         CNU             1456        2.8.51          CNU
1432        2.8.31         CNU             Part 15     –               NC
1433        2.8.32         CNU             Part 16     Part 3.2
1434        2.8.33         CNU             Div. 1      Div. 1
1435        –              CNU             1601        3.2.1(b)        NC
Div. 8      Div. 8                         Div. 2      Div. 3
1436        2.8.34         CNU             1602        3.2.9(1)        CNU
1437        2.8.35         CNU             1603        3.2.10          CNU
1438        2.8.36         CNU             1604        3.2.11          CNU
1439        2.8.37         CNU             1605        3.2.13          CNU
1440        2.8.38         CNU             Div. 3      Div. 4
Div. 9      Div. 9                         1606        3.2.14          CNU
1441        2.8.39         CNU             1607        3.2.15          NC
1442        2.8.40         CNU             Div. 4      Div. 6
1443        –              NC              1608        3.2.17          CNU
1444        2.8.41         CNU             1609        3.2.18          CNU
1445        2.8.42         CNU             1610        3.2.19          CNU
1446        2.8.43         CNU             Part 17     Part 7.2
Div. 10     Div. 10                        1701        –               NC
1447        2.8.44         CNU             1702        7.2.12          CU
1448        2.8.45         CNU             1703        [2.2.7]         NC
Div. 11     Div. 11                        1704        7.2.13          NC
1449        2.8.46         CNU             1705        7.2.14          NC
1450        [6.2.23]       CNU             1706        7.2.15          CNU
1451        2.8.47         CNU             1707        –               NC
1452        2.8.48         CNU             1708        –               NC
1453        2.8.49         CNU             1709        [Sch. 2]        NC
1454        2.8.50         CNU             1710        [7.2.17]        NC




                                     147

								
To top