Schedule 2 Law revision and other amendments

(Section 3)

[1]   Section 51 Functions of Bar Council

Insert at the end of the section:

  

(2)  The Bar Council may delegate to any of its committees the exercise of any of its functions under this Act, other than this power of delegation. Such a delegation may be made only to a committee whose presiding member is a member of the Council.

[2]   Part 10 (except a provision being omitted by this Act)

Omit the following wherever occurring:

  

and interstate legal practitioners

or interstate legal practitioner

or interstate legal practitioners

and locally registered foreign lawyers

or locally registered foreign lawyer

[3]   Section 126 Definitions

Omit the definition of complaint. Insert instead:

  

complaint means a complaint under this Part.

[4]   Section 126

Insert in alphabetical order:

  

legal practitioner includes an interstate legal practitioner.

[5]   Section 127 Professional misconduct and unsatisfactory professional conduct

Omit section 127 (1) (b1).

[6]   Section 128 Legal practitioner to whom Part applies

Omit section 128 (3). Insert instead:

  

(3)  This Part applies to a person who is or was an interstate legal practitioner only if the person practises or practised as a barrister or solicitor and barrister in this State.

[7]   Section 128A

Insert after section 128:

  

128A   Investigations not related to complaints under this Part

This Part does not affect the power of a Council to conduct an investigation into the affairs of a legal practitioner under the provisions of any other Part of this Act or under any other Act.

Note. See for example the power of the Law Society Council to appoint a person to conduct an investigation under section 55.

[8]   Section 131 Functions of Commissioner

Insert after section 131 (1):

  

(1A)  The Commissioner may appear by barrister or solicitor before, and be heard by, the Supreme Court in the exercise of the functions of the Supreme Court under this Act or otherwise in relation to barristers or solicitors.

[9]   Section 148 Investigation of complaints by Council

Omit “initiated by the Council” from section 148 (1).

Insert instead “made by the Council”.

[10]   Section 148 (2)

Omit the subsection.

[11]   Section 157 Delegation by Council

Omit the section.

[12]   Section 171M Jurisdiction of Supreme Court not affected

Omit section 171M (2). Insert instead:

  

(2)  That inherent power or jurisdiction extends to interstate legal practitioners and locally registered foreign lawyers.