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Legislative Assembly for the ACT: 1997 Week 5 Hansard (15 May) . . Page.. 1591 ..

Mr Humphries (continuing):

LEGAL PRACTITIONERS (AMENDMENT) BILL 1997

Mr Speaker, I move that this Bill now be agreed to in principle.

The Standing Committee of Attorneys-General agreed to model legislation which would permit lawyers who are admitted and licensed in a participating Australian jurisdiction to practise law in another participating jurisdiction without having to be again admitted to practice or obtain another practising certificate.

The model legislation, in essence, places lawyers from participating jurisdictions on the same regulatory footing as local lawyers. Further, an interstate practitioner will be subject to any condition or restriction imposed in his or her home jurisdiction, thereby limiting the extent of that person's practise in another jurisdiction to what the lawyer is authorised to do in his or her home jurisdiction.

Mr Speaker, the model legislation was developed to give effect to Principle 4 of the Report to the Council of Australian Governments, Reform of the Legal Profession in Australia. Principle 4 provides that a national scheme should be established which allows a practising certificate issued in a State or Territory to be accepted in all other jurisdictions without further formalities. A key element of the Report was that appropriate arrangements exist for complaints and discipline, professional indemnity insurance, fidelity funds, trust accounts and similar consumer protections.

The legal profession in the Territory is a fused profession in that practitioners are admitted by the Supreme Court as barristers and solicitors with practitioners choosing to practise as barristers, as solicitors or as both. Solicitors are regulated by the Law Society which is established by the Act. However, the Act does not establish a regulatory system for barristers who, unlike solicitors, are not required to hold practising certificates.

The implementation of the model Bill, at this stage, primarily relates to solicitors. Its application to barristers will be considered in the context of the implementation of appropriate regulatory arrangements for barristers which will be considered by the Government later this year. However, in the interim, new sections 191C and 191D will place barristers from participating jurisdictions on the same basis as local barristers. A barrister from a participating jurisdiction will be able to practise in the Territory without the need to be admitted to practice.

Mr Speaker, the Bill will promote a national legal profession. I am confident that these moves will be of significant benefit to both the legal profession and its users, the public.

New South Wales has implemented its legislation. Because of the Territory's geographical location within New South Wales, there are considerable advantages for solicitors in the Territory if the legislation is implemented as soon as possible. Both jurisdictions' requirements for the holding of practising certificates and holding indemnity insurance commence on 1 July each year. Accordingly, it is important that this Bill be in force by then so that solicitors in both jurisdictions may take advantage of it and reduce the costs of their practice in the coming financial year and hence costs to consumers.

I commend the Bill to the Legislative Assembly and present the accompanying Explanatory Memorandum.

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