Legal Profession (Practice) Regulations 2008 (NI)

NORFOLK ISLAND

LEGAL PROFESSION (PRACTICE) REGULATIONS 2008

Regulations No. 4 of 2008 ________

I, Owen Edward John Walsh, Acting Administrator of Norfolk Island, acting in accordance with the advice of the Executive Council of Norfolk Island, make the following Regulations under Section 46 of the Legal Profession Act 1993.

Dated 24 June 2008. O.E.J. Walsh Acting Administrator By His Honour's Command S.V. Jack Minister for the Environment, Education and Social Welfare Acting at the request of and for and on behalf of Minister for Tourism and Health ________

Short title 1. These Regulations may be cited as the Legal Profession (Practice) Regulations 2008. Commencement 2. These Regulations are effective from 1 July 2008. Interpretation 3. In these Regulations, unless the contrary intention appears — "Act" means the Legal Profession Act 1993. "current practitioner" means a practitioner who holds a Norfolk Island certificate of entitlement to practise. Register of Practitioners 4. The Register of Practitioners under section 11 of the Act shall contain at least the following information — (a) the full name of each practitioner. (b) the Roll or Rolls of the High Court or of the Supreme Court of a State or Territory upon which each practitioner's name appears; (c) the principal address at which the practitioner carries on business either alone or in partnership or as an employee; (d) after 1 July 2008, a statement of whether or not the practitioner is authorised to receive trust money; (e) the date upon which a certificate of entitlement to practice was issued to each resident practitioner and if renewed, when so renewed; (f) the date upon which the practitioner's name was entered. Statutory declaration by person who did not hold trust money in an audit year 5. After 1 July 2008, for the purposes of section 30(1) of the Act the prescribed form of statutory declaration is Form 1 of Schedule 1. Statutory declaration by person who ceases to hold trust money 6. (1) After 1 July 2008, if a practitioner ceases to hold any trust money before the end of a financial year the practitioner must make and provide to the auditor a statement in the prescribed form within 14 days of so ceasing. (2) The prescribed form of statutory declaration under this regulation is Form 2 of Schedule 1. Application for entry on Register of Practitioners and Oath or affirmation 7. (1) For the purpose of establishing entitlement to practice as a practitioner the prescribed form of application by a resident practitioner is Form 1 of Schedule 2 (2) For the purpose of renewing a certificate of entitlement to practise the form is Form 2 of Schedule 2 (3) The form of Oath or affirmation to be provided by an applicant under subregulation (1) is in Schedule 6. Fees for certificate of entitlement to practise 8. The prescribed fee for a Norfolk Island certificate of entitlement to practise is — (a) for a certificate of entitlement to practise of a resident practitioner authorising the receipt of trust money — 3 fee units; (b) after 1 July, 2008, for a certificate of entitlement to practise of a resident practitioner not authorising the receipt of trust money — if the applicant is a current practitioner — 2 fee units if the practitioner is not a current practitioner — 1 fee unit. (c) for a certificate of entitlement to practise of a resident practitioner that is valid for part of a year only, the number of fee units that bears the same proportion to the relevant fee in paragraph (a) or (b) as the period of validity of the certificate bears to the whole year, rounded up to a whole fee unit. Form of certificate of entitlement to practise 9. A Norfolk Island certificate of entitlement to practise shall be in the form in Schedule 3. Validity of certificate of entitlement to practise 10. (1) A certificate of entitlement to practise is valid until 30 June following its issue. (2) A person whose certificate of entitlement to practise has expired ceases to be a current practitioner and is not entitled to practise. Application of the Act to the Administration 11. (1) In accordance with section 44(2) of the Act, a person who would but for this Regulation be entitled to be admitted to practise as a practitioner and who is employed by the Administration as a practitioner or who is employed or appointed in a legal capacity in an office described in Schedule 4 is taken to hold, for the purposes of the Act and for the purposes of that employment, a Norfolk Island certificate of entitlement to practise as a practitioner as a barrister and solicitor or barrister or solicitor for the period during which the person is so employed and any such person may apply to the Registrar to be entered on the Register of Practitioners. (2) A person whose name is entered on the Register of Practitioners under subsection (1) and who ceases to hold an office described in Schedule 4 shall be removed from the Register at his or her request or by the Registrar of his or her own motion. (3) A request under subregulation (1) shall be in accordance with the form in Schedule 5. Powers of Supreme Court not affected 12. Nothing in these Regulation affect the power of the Supreme Court to take or enforce disciplinary proceedings against a person under the Act or under the Supreme Court Act 1960 or Rules of Court.