Legal Profession Uniform Law (WA)

Western Australia Legal Profession Uniform Law (WA) The Legal Profession Uniform Law (as enacted by the Legal Profession Uniform Law Application Act 2014 (Victoria) Schedule 1) is applied and modified as a law of Western Australia by or under the Legal Profession Uniform Law Application Act 2022 (the WA Application Act). Provisions in Victorian Acts that amend the Legal Profession Uniform Law (the Law) also amend the Law as it applies in Western Australia where those amendments have effect and have commenced in Western Australia under sections 9 and 10 of the WA Application Act. This version is the Law as it applies in Western Australia (as modified and amended) as at the date specified below. It may be cited as the Legal Profession Uniform Law (WA). Western Australia Legal Profession Uniform Law (WA) Contents Chapter 1—Preliminary Part 1.1—Introduction 1 Citation 1 2 Commencement 1 3 Objectives 1 4 Extraterritorial operation of this Law 1 5 Jurisdictional arrangements 1 Part 1.2—Interpretation 6 Definitions 1 7 Interpretation generally 1 8 Meaning of pro bono basis 1 Chapter 2—Threshold requirements for legal practice Part 2.1—Unqualified legal practice 9 Objectives 1 10 Prohibition on engaging in legal practice by unqualified entities 1 11 Prohibition on advertisements or representations by or about unqualified entities 1 12 Entitlement of certain persons to use certain titles, and presumptions with respect to other persons 1 13 Protection of lay associates 1 14 Functions of local regulatory authority with respect to offence 1 Part 2.2—Admission to the Australian legal profession Division 1—Introduction 15 Objective 1 Division 2—Admission 16 Admission 1 17 Prerequisites for compliance certificates 1 18 Exemption from certain prerequisites 1 19 Compliance certificates 1 20 Conditional admission of foreign lawyers 1 21 Declaration of early assessment of suitability for a compliance certificate 1 22 Supreme Court roll 1 23 Removal from Supreme Court roll 1 24 Notice to be given of interjurisdictional action 1 25 Australian lawyer is officer of Supreme Court 1 Division 3—Appeals 26 Right of appeal about compliance certificates 1 27 Right of appeal about early assessment of suitability for a compliance certificate 1 28 Provisions relating to appeals 1 Division 4—Miscellaneous 29 Accreditation of law courses and providers of practical legal training 1 Chapter 3—Legal practice Part 3.1—Introduction 30 Objectives 1 31 Action in relation to certificates is taken locally 1 Part 3.2—Law practices—general provisions 32 Business structures 1 33 Obligations not affected by nature of business structures 1 34 Responsibilities of principals 1 35 Liability of principals 1 36 Discharge by legal practitioner associate of obligations of law practice 1 37 Involvement of practitioners 1 38 Privileges of practitioners 1 39 Undue influence 1 40 Approval of relationships regarding principals 1 41 Uniform Rules 1 Part 3.3—Australian legal practitioners Division 1—Introduction 42 Objectives 1 Division 2—Australian practising certificates 43 Entitlement to practise 1 44 Grant or renewal of Australian practising certificates in this jurisdiction 1 45 Prerequisites for grant or renewal of Australian practising certificates in this jurisdiction 1 46 Notification of principal place of practice 1 Division 3—Conditions of Australian practising certificates 47 Conditions—categories of practice and trust money 1 48 Statutory conditions—to comply with admission conditions and to hold only one practising certificate 1 49 Statutory condition—to engage in supervised legal practice 1 50 Statutory condition—barrister to undertake reading program 1 51 Statutory condition—to notify certain events 1 52 Statutory condition—continuing professional development 1 53 Discretionary conditions 1 54 Compliance with conditions 1 Division 4—Miscellaneous 55 Alteration or substitution of varied certificate 1 56 Government lawyers 1 57 Uniform Rules for Australian practising certificates and associated matters 1 Part 3.4—Foreign lawyers Division 1—Introduction 58 Objective 1 59 This Part does not apply to Australian legal practitioners 1 Division 2—Limited practice without registration 60 Practice of foreign law without registration but for limited periods 1 Division 3—Registration 61 Entitlement to practise 1 62 Grant or renewal of Australian registration certificates 1 63 Notification of principal place of practice 1 Division 4—Conditions of Australian registration certificates 64 Conditions—trust money 1 65 Statutory condition—to hold only one Australian registration certificate 1 66 Statutory condition—to notify certain events 1 67 Discretionary conditions 1 68 Compliance with conditions 1 Division 5—Scope and form of practice 69 Scope of practice 1 70 Form of practice 1 Division 6—Miscellaneous 71 Uniform Rules for foreign lawyers 1 Part 3.5—Variation, suspension and cancellation of, and refusal to renew, certificates Division 1—Introduction 72 Objectives 1 73 References to certificate 1 Division 2—Variation, suspension or cancellation of certificates 74 Variation, suspension or cancellation for minor matters, or at request or with concurrence 1 75 Variation, suspension or cancellation at direction of tribunal 1 76 Variation, suspension or cancellation under Division 3 or 4 1 77 Immediate variation or suspension before or during consideration of proposed action 1 78 Lifting of suspension and renewal during suspension 1 79 Matters involving convictions 1 80 Notice to be given of interjurisdictional action 1 81 Notice to be given to certificate holder 1 Division 3—Variation, suspension or cancellation on specific grounds 82 Grounds for action under this Division 1 83 Local regulatory authority to give notice before acting under this Division 1 84 Action taken after giving notice 1 Division 4—Show cause procedure for variation, suspension or cancellation of, or refusal to renew, certificates Subdivision 1—Preliminary 85 Show cause events 1 Subdivision 2—Automatic show cause events 86 Nature of automatic show cause events 1 87 Automatic show cause events—applicants 1 88 Automatic show cause events—holders 1 89 Automatic show cause events—action by local regulatory authority 1 Subdivision 3—Designated show cause events 90 Nature of designated show cause events 1 91 Designated show cause events—holders 1 92 Designated show cause events—action by local regulatory authority 1 Division 5—Miscellaneous 93 Events or matters occurring before admission or registration 1 94 Restriction on making further applications 1 95 Consideration and investigation of applicants or holders 1 96 Deferral of action or temporary renewal for limited purposes 1 97 Relationship of this Part with Chapter 5 1 98 Uniform Rules 1 Part 3.6—Appeal or review about certificates 99 Objective 1 100 Right of appeal or review about Australian practising certificates 1 101 Right of appeal or review about Australian registration certificates 1 Part 3.7—Incorporated and unincorporated legal practices Division 1—General 102 Application of this Division 1 103 Services that may be provided 1 104 Notice of intention to engage in or terminate legal practice 1 105 Principals 1 106 Law practice without principal 1 107 Disclosure obligations 1 Division 2—Provisions applying to incorporated legal practices only 108 External administration proceedings under Corporations Act or other legislation 1 109 Incorporated legal practice that is subject to receivership under this Law and external administration under Corporations Act 1 110 Incorporated legal practice that is subject to receivership under this Law and external administration under other legislation 1 111 Extension of vicarious liability relating to failure to account, pay or deliver and dishonesty to incorporated legal practices 1 112 Relationship of Law to constitution of, or legislation establishing, incorporated legal practice 1 113 Relationship of Law to Corporations legislation 1 Division 3—Miscellaneous 114 Approval of business structures 1 115 Uniform Rules for incorporated and unincorporated legal practices 1 Part 3.8—Community legal services 116 Status of community legal services 1 117 Supervising legal practitioner 1 118 Uniform Rules for community legal services 1 Part 3.9—Disqualifications Division 1—Making of disqualification orders 119 Disqualification of individuals (other than practitioners) 1 120 Disqualification of entities from providing legal services 1 Division 2—Prohibitions and other provisions regarding disqualified persons and disqualified entities 121 Contravention by law practice—disqualified or convicted person as lay associate 1 122 Contravention by disqualified person 1 123 Contravention by Australian legal practitioner 1 124 Disqualified entity ceases to be incorporated or unincorporated legal practice 1 125 Spent convictions 1 Chapter 4—Business practice and professional conduct Part 4.1—Introduction 126 Objectives 1 Part 4.2—Trust money and trust accounts Division 1—Preliminary 127 Objective 1 128 Definitions 1 129 Meaning of trust money 1 130 Application of this Part to law practices and trust money 1 131 Australian-registered foreign lawyers 1 132 Former practices, principals and associates 1 133 Receiving or holding money by or on behalf of barristers on account of legal costs for legal services 1 134 Provisions relating to certain money 1 Division 2—Trust money and trust accounts 135 Dealing with trust money 1 136 General trust account for each jurisdiction 1 137 Certain trust money to be deposited in general trust account 1 138 Holding, disbursing and accounting for trust money in general trust account 1 139 Controlled money 1 140 Transit money 1 141 Trust money subject to specific powers 1 142 Trust money subject to a written direction 1 143 Trust money received in the form of cash 1 144 Withdrawal of trust money 1 145 Protection of trust money 1 146 Intermixing money 1 147 Keeping trust records 1 148 Deficiency in trust account 1 149 Authorised deposit-taking institutions 1 150 Authority to receive trust money 1 151 Disclosure of accounts used to hold money 1 152 Determinations about status of money 1 153 When, how and where money is received 1 154 Reporting irregularities and suspected irregularities 1 Division 3—External examinations of trust records 155 Appointment of external examiner to conduct external examination of trust records 1 156 Qualifications of external examiners 1 157 External examinations 1 158 Carrying out external examination 1 159 External examiner's report 1 160 Costs of external examination 1 Division 4—External investigations 161 Principal purposes of external investigation 1 162 Appointment of external investigators 1 163 External investigations 1 164 Carrying out external investigation 1 165 Investigator's report 1 166 Costs of external investigation 1 Division 5—Miscellaneous 167 Unclaimed money 1 168 Uniform Rules for trust money and trust accounts 1 Part 4.3—Legal costs Division 1—Introduction 169 Objectives 1 170 Commercial or government clients 1 171 Third party payers 1 Division 2—Legal costs generally 172 Legal costs must be fair and reasonable 1 173 Avoidance of increased legal costs 1 Division 3—Costs disclosure 174 Disclosure obligations of law practice regarding clients 1 175 Disclosure obligations if another law practice is to be retained 1 176 Disclosure obligations of law practice regarding associated third party payers 1 177 Disclosure obligations regarding settlement of litigious matters 1 178 Non-compliance with disclosure obligations 1 Division 4—Costs agreements 179 Client's right to costs agreement 1 180 Making costs agreements 1 181 Conditional costs agreements 1 182 Conditional costs agreements involving uplift fees 1 183 Contingency fees are prohibited 1 184 Effect of costs agreement 1 185 Certain costs agreements are void 1 Division 5—Billing 186 Form of bills 1 187 Request for itemised bills 1 188 Responsible principal for bill 1 189 Giving bills 1 190 Progress reports 1 191 Charging for bills prohibited 1 192 Notification of client's rights 1 193 Interim bills 1 Division 6—Unpaid legal costs 194 Restriction on commencing proceedings to recover legal costs 1 195 Interest on unpaid legal costs 1 Division 7—Costs assessment 196 Application of this Division generally 1 197 Application of this Division where complaint made 1 198 Applications for costs assessment 1 199 Costs assessment 1 200 Factors in a costs assessment 1 201 Reasons to be given 1 202 Referral for disciplinary action 1 203 Admissibility determinations in disciplinary proceedings 1 204 Costs of costs assessment 1 205 Right of appeal or review 1 Division 8—Miscellaneous 206 Security for legal costs 1 207 Unreasonable legal costs—disciplinary action 1 208 Uniform Rules for legal costs 1 Part 4.4—Professional indemnity insurance 209 Objectives 1 210 Approved insurance policy 1 211 Australian legal practitioners 1 212 Incorporated legal practices 1 213 Community legal services 1 214 Australian-registered foreign lawyers 1 215 Exemptions 1 216 Notification of proposed change of jurisdiction in which professional indemnity insurance is obtained 1 217 Uniform Rules for professional indemnity insurance 1 Part 4.5—Fidelity cover Division 1—Introduction 218 Objective 1 219 Definitions 1 220 Meaning of relevant jurisdiction 1 221 Defaults to which this Part applies 1 Division 2—Fidelity funds and fidelity authorities 222 Fidelity fund for this jurisdiction 1 223 How this Part applies to this jurisdiction 1 Division 3—Fidelity fund 224 Funding 1 225 Annual contributions 1 226 Levies 1 227 Failure to pay annual contribution or levy 1 228 Insurance 1 229 Borrowing 1 230 Caps on payments for claims 1 231 Sufficiency 1 232 Audit 1 Division 4—Claims about defaults 233 Entitlement to make a claim 1 234 Making a claim 1 235 Advertisements 1 236 Time limit for making claims 1 237 Processing and investigation of claims 1 238 Advance payments 1 239 Claims by law practices or associates about notional defaults 1 Division 5—Determination of claims 240 Determination of claims 1 241 Maximum amount allowable 1 242 Costs 1 243 Interest 1 244 Reduction of claim because of other benefits 1 245 Repayment of certain amounts 1 246 Subrogation 1 247 Right of appeal against decision on claim 1 248 Right of appeal against failure to determine claim 1 249 Court proceedings 1 Division 6—Defaults involving interjurisdictional elements 250 Concerted interjurisdictional defaults 1 251 Default involving interjurisdictional elements if committed by one associate only 1 252 Interjurisdictional agency 1 Division 7—Miscellaneous 253 Cooperation 1 254 Protection from liability 1 255 Uniform Rules for fidelity cover 1 Part 4.6—Business management and control 256 Compliance audits 1 257 Management system directions 1 258 Prohibited services and business 1 259 Uniform Rules for legal services 1 Chapter 5—Dispute resolution and professional discipline Part 5.1—Introduction 260 Objectives 1 261 References to lawyers 1 262 Application of this Chapter to conduct of lawyer or law practice 1 263 Application of this Chapter to lawyers and law practices 1 264 Jurisdiction of Supreme Courts 1 Part 5.2—Complaints Division 1—Making complaints and other matters about complaints 265 What is a complaint? 1 266 Who may make a complaint? 1 267 How is a complaint made? 1 268 Matters in a complaint 1 269 Consumer matters (including costs disputes) 1 270 Disciplinary matters 1 271 Mixed complaints 1 272 Time limits on making complaints 1 273 Withdrawing complaints 1 274 Where complaint is dealt with 1 275 Other rights not affected 1 Division 2—Preliminary assessment of complaints 276 Preliminary assessment of complaint 1 277 Closure of whole or part of complaint after preliminary assessment 1 278 Immediate suspension of practising or registration certificate 1 Division 3—Notification to and submissions by respondents 279 Notification to respondent about complaint 1 280 Submissions by respondent 1 281 Exceptions to requirement for notification of complaint 1 Division 4—Investigation of complaints 282 Power to investigate complaints 1 283 Extending scope of investigation 1 284 Referral of matters for costs assessment 1 Part 5.3—Consumer matters Division 1—Preliminary 285 Application of this Part 1 Division 2—Provisions applicable to all consumer matters 286 Prerequisite to resolution action by local regulatory authority 1 287 Informal resolution of consumer matters 1 288 Mediation 1 289 Settlement agreements 1 290 Determination of consumer matters by local regulatory authority 1 Division 3—Further provisions applicable to costs disputes 291 General role of local regulatory authority in costs disputes 1 292 Binding determinations in costs disputes 1 293 Cases where binding determinations are not made in costs disputes 1 294 GST excluded in calculations 1 Part 5.4—Disciplinary matters Division 1—Preliminary 295 Application of this Part 1 296 Unsatisfactory professional conduct 1 297 Professional misconduct 1 298 Conduct capable of constituting unsatisfactory professional conduct or professional misconduct 1 Division 2—Determination by local regulatory authority 299 Determination by local regulatory authority—unsatisfactory professional conduct 1 Division 3—Role of designated tribunal 300 Initiation and prosecution of proceedings in designated tribunal 1 301 Procedure of designated tribunal 1 302 Determination by designated tribunal—disciplinary matters 1 303 Costs 1 304 Compliance with orders of designated tribunal 1 305 Power to disregard procedural lapses 1 Part 5.5—Compensation orders 306 Making of compensation orders 1 307 Request by complainant for compensation order 1 308 Nature of compensation orders 1 309 Prerequisites for making of compensation orders 1 310 Enforcement of compensation orders 1 311 Other remedies not affected 1 Part 5.6—Appeal or review 312 Finality of determinations of local regulatory authority 1 313 Internal review of decisions of local regulatory authority 1 314 Right of appeal or review of decisions of local regulatory authority 1 Part 5.7—General duties of local regulatory authority 315 Duty to deal with complaints 1 316 Duty to exercise discretions fairly 1 317 Duty to deal with complaints efficiently and expeditiously 1 318 Notice of decisions and determinations 1 319 Rules of procedural fairness 1 Part 5.8—Miscellaneous 320 Power to make orders includes power to make recommendations 1 321 Waiver of privilege or duty of confidentiality—complaints 1 322 Uniform Rules 1 Chapter 6—External intervention Part 6.1—Introduction 323 Objectives 1 324 Further application of this Chapter 1 325 Operation of appointment of external intervener in another participating jurisdiction 1 Part 6.2—Initiation of external intervention 326 Circumstances warranting external intervention 1 327 Determination to initiate external intervention 1 328 Appointment of external intervener may be general or limited 1 Part 6.3—Supervisors of trust money 329 Appointment of supervisor of trust money 1 330 Effect of service of notice of appointment 1 331 Role of supervisor of trust money 1 332 Records of and dealing with trust money of law practice under supervision 1 333 Termination of supervisor's appointment 1 Part 6.4—Managers 334 Appointment of manager 1 335 Effect of service of notice of appointment 1 336 Role of managers 1 337 Records and accounts of law practice under management and dealings with trust money 1 338 Deceased estates 1 339 Lien for costs on regulated property 1 340 Termination of manager's appointment 1 Part 6.5—Receivers 341 Appointment of receiver 1 342 Effect of service of notice of appointment 1 343 Role of receivers 1 344 Records and accounts of law practice under receivership and dealings with trust money 1 345 Power of receiver to take possession of regulated property 1 346 Power of receiver to take delivery of regulated property 1 347 Power of receiver to deal with regulated property 1 348 Power of receiver to require documents or information 1 349 Examinations about regulated property 1 350 Lien for costs on regulated property 1 351 Regulated property not to be attached 1 352 Recovery of regulated property where there has been a breach of trust etc. 1 353 Improperly destroying property etc. 1 354 Deceased estates 1 355 Termination of receiver's appointment 1 Part 6.6—General 356 Conditions on appointment of external intervener 1 357 Status of acts of external intervener 1 358 Right of appeal or review about appointment of external intervener 1 359 Directions of designated tribunal 1 360 Manager and receiver appointed for law practice 1 361 ADI disclosure requirements 1 362 Confidentiality 1 363 Provisions relating to requirements under this Chapter 1 364 Obstruction of external intervener 1 365 Fees, costs and expenses 1 366 Protection from liability 1 367 Uniform Rules for external intervention 1 Chapter 7—Investigatory powers Part 7.1—Introduction 368 Objective 1 369 References to lawyers 1 Part 7.2—Requirements relating to documents, information and other assistance 370 Requirements—trust records examinations, trust records investigations and compliance audits 1 371 Requirements—complaint investigations 1 372 Inspection and copying of documents 1 373 Retention and return of documents 1 Part 7.3—Entry and search of premises 374 Investigator's power to enter premises—trust records investigations, compliance audits and complaint investigations 1 375 Powers of investigator while on premises 1 376 Provisions relating to entry and search with consent 1 377 Search warrants 1 378 Search warrants—announcement before entry 1 379 Search warrants—details of warrant to be given to occupier 1 380 Retention and return of things seized during search 1 381 Copies of seized things to be provided 1 Part 7.4—Additional powers in relation to incorporated legal practices 382 Application and operation of this Part 1 383 Examination of persons 1 384 Inspection of books 1 385 Power to hold hearings 1 Part 7.5—Miscellaneous 386 Report to local regulatory authority of disciplinary matters 1 387 Obstruction of investigator 1 388 Obligation of lawyers 1 389 Protection from liability 1 390 Uniform Rules 1 Chapter 8—Regulatory authorities Part 8.1—Standing committee 391 Role of Standing Committee 1 392 Decisions of Standing Committee 1 393 Reports for Standing Committee 1 Part 8.2—Legal services council 394 Establishment and objectives of Council 1 395 Provisions relating to Council 1 396 Functions of Council in relation to Commissioner 1 397 Delegation of Council's functions 1 Part 8.3—Commissioner for uniform legal services regulation 398 Establishment and objectives of office of Commissioner 1 399 Provisions relating to Commissioner 1 400 Delegation of Commissioner's functions 1 401 Independence of Commissioner 1 Part 8.4—Admissions committee 402 Establishment and functions of Admissions Committee 1 403 Provisions relating to Admissions Committee 1 Part 8.5—Local regulatory authorities 404 Independence of local regulatory authorities 1 405 Local regulatory authority for Chapter 5 functions to be independent entity 1 406 Delegation of functions of local regulatory authorities 1 407 Guidelines and directions by Council or Commissioner for local regulatory authorities 1 408 Guidelines and directions by local regulatory authorities for their delegates 1 409 Functions of Council in relation to local regulatory authorities 1 410 Functions of Commissioner in relation to Chapter 5 functions of local regulatory authorities 1 411 Power of local regulatory authority to take over exercise of delegated function 1 Part 8.6—General 412 Exercise of functions generally 1 413 Registers of delegations 1 414 Documents lodged with Council or Commissioner instead of local regulatory authority 1 415 Limitation as to individual matters 1 416 Application of certain Acts of New South Wales 1 Chapter 9—Miscellaneous Part 9.1—Legal Profession Uniform Regulations 417 Legal Profession Uniform Regulations 1 418 Publication of Uniform Regulations 1 Part 9.2—Legal Profession Uniform Rules 419 Power to make Uniform Rules 1 420 Categories of Uniform Rules 1 421 Contents of Admission Rules 1 422 Contents of Legal Practice Rules 1 423 Contents of Legal Profession Conduct Rules 1 424 Contents of Continuing Professional Development Rules 1 425 Development of general Uniform Rules 1 426 Development of Admission Rules 1 427 Development of Legal Practice Rules, Legal Profession Conduct Rules and Continuing Professional Development Rules 1 428 Making of Uniform Rules 1 429 Cases where public consultation not required 1 430 Urgent matters 1 431 Publication of Uniform Rules 1 Part 9.3—Legal Profession Registers 432 Australian Legal Profession Register 1 433 Public availability of Australian Legal Profession Register 1 434 Local legal profession register 1 435 Content of registers 1 Part 9.4—Cooperative and other arrangements 436 Arrangements with authorities 1 437 Ad hoc communication with authorities 1 438 Disclosure of information to ASIC 1 439 Disclosure of information between relevant persons 1 440 Information, assistance and cooperation 1 441 Cooperation with Commonwealth, States and Territories 1 Part 9.5—Notices and evidentiary matters 442 Service of notices on lawyers and law practices 1 443 Service of notices on Council, Commissioner, Admissions Committee, local regulatory authority or delegate 1 444 Service of notices on other persons 1 445 Time of service 1 446 Evidentiary matters 1 Part 9.6—Injunctions 447 Injunctions to restrain contraventions of Law or Uniform Rules 1 448 Amendment or discharge of injunctions 1 449 Interim injunctions—undertakings about costs or damages 1 450 Supreme Court's other powers not limited 1 Part 9.7—Criminal and civil penalties Division 1—Criminal penalties 451 Criminal penalties 1 Division 2—Civil penalties 452 Civil penalties 1 453 Designated tribunal may order payment of pecuniary penalty 1 454 Contravening a civil penalty provision is not an offence 1 455 Persons involved in contravening civil penalty provision 1 456 Recovery of a pecuniary penalty 1 457 Civil proceedings after criminal proceedings 1 458 Criminal proceedings during civil proceedings 1 459 Criminal proceedings after civil proceedings 1 460 Evidence given in proceedings for penalty order not admissible in criminal proceedings 1 Part 9.8—Interjurisdictional provisions relating to certain matters 461 Compliance with recommendations or orders made under corresponding laws 1 Part 9.9—General 462 Prohibition on disclosure of information 1 463 Effect of decision on appeal or review 1 464 General provisions about appeal or review 1 465 Duty to report suspected offences 1 466 Provisions relating to certain requirements under this Law 1 467 Protection from liability 1 468 Non-compellability of certain witnesses 1 469 Investigation of offences 1 470 Contraventions by partnerships or other unincorporated bodies 1 471 Indexation of amounts 1 472 Supreme Court may order delivery up of documents etc. 1 473 Forms 1 474 Fees 1 475 Provisions applying in relation to non-participating jurisdictions 1 476 Transitional provisions 1 Schedule 1 — Provisions relating to Council Part 1—Introduction 1 Definitions 1 Part 2—Constitution of Council 2 Membership of Council 1 3 Terms of office of members 1 4 Diversity of membership 1 5 Vacancy in office of member 1 6 Extension of term of office during vacancy in membership 1 7 Remuneration of members 1 8 Disclosure of conflict of interest 1 Part 3—Procedure of Council 9 General procedure 1 10 Quorum 1 11 Chief Executive Officer may attend meetings 1 12 Presiding member 1 13 Voting 1 14 Transaction of business outside meetings or by telecommunication 1 15 Defects in appointment of members 1 16 First meeting 1 Part 4—Chief Executive Officer of Council 17 Chief Executive Officer of Council 1 Part 5—Staff, consultants and contractors of Council 18 Staff of Council 1 19 Secondment of staff to Council 1 20 Consultants and contractors of Council 1 Part 6—Committees established by Council 21 Admissions Committee 1 22 Advisory committees 1 23 Other committees 1 24 Remuneration of members of committees 1 25 Committees are committees of Council 1 Part 7—Annual reports of Council 26 Annual reports 1 Schedule 2 — Provisions relating to Commissioner Part 1—Introduction 1 Definition 1 Part 2—Appointment and tenure of office 2 Appointment of Commissioner 1 3 Term of office of Commissioner 1 4 Remuneration of Commissioner 1 5 Vacancy in office of Commissioner 1 6 Acting Commissioner 1 Part 3—Staff, consultants and contractors of commissioner 7 Staff of Commissioner 1 8 Secondment of staff to Commissioner 1 9 Consultants and contractors of Commissioner 1 Part 4—Annual reports of commissioner 10 Annual reports 1 Schedule 3 — Provisions applying in relation to non‑participating jurisdictions Part 1—Preliminary 1 Definitions 1 Part 2—Application of this law in relation to non-participant legal practitioners 2 Practising certificate granted in non-participating jurisdiction 1 3 Extent of entitlement to practise in this jurisdiction 1 4 Additional conditions on practice of non-participant legal practitioner 1 5 Non-participant legal practitioner expecting to practise solely or principally in this jurisdiction 1 6 Home jurisdiction of non-participant legal practitioner 1 Part 3—Application of this law in relation to non-participant registered foreign lawyers 7 Registration in non-participating jurisdiction 1 8 Extent of entitlement to practise in this jurisdiction 1 9 Additional conditions on practice of non-participant registered foreign lawyer 1 10 Non-participant registered foreign lawyer expecting to practise solely or principally in this jurisdiction 1 11 Home jurisdiction of non-participant registered foreign lawyer 1 Part 4—Dispute resolution and professional discipline 12 Non-application of Chapter 5 to certain conduct of lawyer occurring within non-participating jurisdiction or outside Australia 1 13 Non-application of Chapter 5 to certain conduct of law practice occurring within non-participating jurisdiction or outside Australia 1 14 Non-application of Chapter 5 to certain conduct occurring within participating jurisdiction or outside Australia 1 Part 5—Miscellaneous 15 Fidelity funds and fidelity authorities for non-participating jurisdiction 1 16 Uniform Rules 1 17 Disclosure of information 1 Schedule 4 — Savings and transitional provisions 1 Definitions 1 2 General savings and transitional provision 1 3 References to old legislation 1 4 Time limits 1 5 Savings and transitional rules and regulations 1 8 Initial appointment of Commissioner 1 9 Local regulatory authority for Chapter 5 functions—postponement of section 405 1 Part 3—Particular provisions Division 1—Application of this Part 10 Application of the other provisions of this Part 1 Division 2—Admission and legal practice 11 Admission 1 12 Practising certificates—local legal practitioners 1 13 Registration certificates—foreign lawyers 1 14 Incorporated legal practices and multi-disciplinary practices 1 15 Disqualification orders 1 16 Approval of lay associates 1 17 Disqualification of entities from providing legal services 1 Division 3—Client information 18 Client information and legal costs 1 Division 4—Trust money and trust accounts 20 External examiners 1 21 Deficiencies and irregularities in trust accounts 1 Division 5—Fidelity cover 22 Current claims 1 23 Claims under this Law about prior default 1 Division 6—Investigations of certain matters Division 8—External intervention 28 External intervention 1 Division 9—Other provisions 29 Injunctions 1 30 Offences 1 Notes Compilation table 1 Other notes 1 Defined terms Western Australia Legal Profession Uniform Law (WA)