Page 1179 - Week 04 - Thursday, 4 May 2006
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register of disciplinary action taken against lawyers in the ACT and in another state or territory if there is an ACT connection to the conduct.
Chapter 5 provides uniform rules for the appointment and conduct of supervisors, managers and receivers of law practices. The objective of this part is to protect the interests of the community, clients and lawyers by setting out a range of options for intervention in the business and professional affairs of lawyers. The provisions are designed to operate consistently with other provisions of this bill and, importantly, in a way that is consistent with similar intervention in other jurisdictions.
Chapter 6 relates to investigations and sets out the requirements for entry and search of premises and the seizure of documents and things in connection with the activities of lawyers in relation to trust accounts or in connection with complaints against practitioners.
The regulatory authorities for the legal profession, the admissions board and the disciplinary tribunal, are established under chapter 7. It is intended that the admissions board will be substantially the same in composition and function as the existing board. The disciplinary tribunal is to be a body that is more independent of the law society and the bar association than has been the professional conduct board. It will comprise a judicial member, a representative of the bar association or the law society, and a lay member. The tribunal may, in some cases, be constituted by a single, judicial member.
Chapter 8 establishes the law society and recognises the establishment of the bar association and sets out the functions of those bodies. It also provides for the making of legal profession rules by those bodies. Rules must be available for public inspection. The remaining chapters take us through miscellaneous, transitional and consequential provisions.
It is absolutely critical that members note the importance of commencing this legislation on 1 July 2006 so that the licensing and insurance of practitioners may continue without interruption. Let me note again that this bill is the culmination of many years’ work and cooperation between the governments of each state and territory in Australia, the commonwealth government and the Australian legal profession.
The bill reflects an unprecedented level of cooperation that prevails at this time between state and territory legal professional bodies. Prejudices and differences have been discarded in developing a national scheme for the regulation of this very important entity in the regulation and service of most facets of our community—the Australian legal profession.
A great deal of work has gone into developing the model laws and this bill. The two major interest groups, the bar association and the law society, have devoted enormous energy to reaching positions of agreement on numerous key issues, such as the management of the licensing function and the management of disciplinary actions between solicitors and barristers.
I would like to applaud the efforts of the local profession to this point. Much remains to be done, but I am greatly encouraged by the spirit of common purpose that has been
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