QueenslandLegalProfessionAct2004LegalProfessionRegulation2004Reprinted as in force on 27 November
2006Reprint No. 1HThis reprint is
prepared bythe Office of the Queensland Parliamentary
CounselWarning—This reprint is not an authorised
ccopyNOT FURTHER AMENDEDLAST REPRINT
BEFORE REPEALSee 2007 Act No. 24 s 752
Information about this reprintThisregulationisreprintedasat27November2006.Thereprintshowsthelawasamended by all amendments that
commenced on or before that day (Reprints Act 1992 s5(c)).The reprint
includes a reference to the law by which each amendment was
made—see listof legislation and list of annotations in
endnotes. Also see list of legislation for anyuncommenced
amendments.This page is specific to this reprint. See
previous reprints for information about earlierchanges made under
the Reprints Act 1992. A table of reprints is included in the
endnotes.Also see endnotes for information
about—•when provisions commenced•editorial changes made in earlier
reprints.Dates shown on reprintsReprints dated at
last amendmentAll reprints produced on or after 1 July
2002, hardcopy and electronic, are dated as at the last
date of amendment. Previously reprints weredated as at the
date of publication. If a hard copy reprint is dated earlier than
an electronicversion published before 1 July 2002, it
means the legislation was not further amendedand the reprint
date is the commencement of the last amendment.If the date of a
hard copy reprint is the same as the date shown for an electronic
versionpreviously published, it merely means that
the electronic version was published before thehard copy version.
Also, any revised edition of the previously published electronic
versionwill have the same date as that
version.Replacement reprint dateIf the date of a
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copy reprint it means that one is the replacement of the
other.
s13s4Legal
Profession Regulation 2004Legal Profession Regulation 2004[as
amended by all amendments that commenced on or before 27
November2006]Part 1Preliminary1Short
titleThisregulationmaybecitedastheLegalProfessionRegulation
2004.2CommencementThis regulation
commences on 1 July 2004.3DefinitionsThe dictionary in
schedule 2 defines particular words used inthis
regulation.Part 2Prescribed
accountsDivision 1Key terms4What is a prescribed account—Act, s
203Aprescribedaccountisanaccountkeptbythechiefexecutive, at a
financial institution at which trust accounts arekept,
for deposits by solicitors under chapter 2, part 8 of theAct.
s54s8Legal
Profession Regulation 20045Trust account
balance(1)For this part, a solicitor’strust account balanceat a
particulartime is—(a)ifthesolicitoriskeepingonly1trustaccount—thebalance in the
trust account at the time; or(b)if
the solicitor is keeping 2 or more trust accounts—thetotal
of the balances in the trust accounts at the time.(2)The trust accounts mentioned in
subsection (1)(a) and (b) donot include a
trust account being kept by the solicitor for theexclusive benefit of a particular person or
persons.6Prescribed account balanceForthispart,asolicitor’sprescribedaccountbalanceataparticulartimeistheamountthesolicitoriskeepingondeposit in a prescribed account at the
time.7Combined balanceForthispart,asolicitor’scombinedbalanceataparticulartime is the total
of the solicitor’s trust account balance and thesolicitor’s prescribed account balance at
the time.Division 2Requirements8Amount required to be held in a prescribed
account(1)A solicitor must keep at least the
minimum amount on depositin a prescribed account.(2)Theminimumamountapplyingtoasolicitoratanytimeduring a year is the amount that is
two-thirds of the solicitor’slowest combined
balance at any time during the previous year.(3)The
minimum amount calculated under subsection (2) is to berounded down to the nearest $100.(4)Theamountthatasolicitormustkeepondepositinaprescribedaccounttocomplywiththissectionmustbe
s
95s 10Legal Profession
Regulation 2004deposited into a prescribed account from a
trust account keptby the solicitor.(5)Subsection (1) does not apply to a solicitor
during a year if thesolicitor’s combined balance at any time
during the previousyear was less than $3000.(6)This section applies subject to
sections 9 to 11.9Withdrawal from prescribed account to
operatetrust account(1)Asolicitormaywithdrawanamountthatthesolicitoriskeeping on deposit in a prescribed account
in order to operatea trust account and keep the trust account
in credit.(2)Subsection (1) applies even though the
solicitor’s prescribedaccount balance after the withdrawal
is less than the minimumamount under section 8.(3)After making the withdrawal, the
solicitor is not required tomakefurtherdepositsintoaprescribedaccountinordertocomply with section 8(1) unless, for 30
consecutive days, thesolicitor’scombinedbalanceisatleasttheamountofthesolicitor’slowestcombinedbalanceatanytimeduringtheprevious year.(4)Areferenceinthissectiontoasolicitorwithdrawinganamount from a prescribed account is a
reference to—(a)thesolicitorwithdrawingtheamountfromtheprescribed account under arrangements
agreed betweenthe chief executive and the financial
institution; or(b)thechiefexecutivepayingtheamountfromtheprescribed account to the
solicitor.10Requirement at start of each
yearFrom1to20Januaryinayear,asolicitoristakentobecomplying with section 8 if the
solicitor’s prescribed accountbalance is at
least the amount that the solicitor’s prescribedaccountbalancewasrequiredtobeon31Decemberintheprevious year.
s
116s 13Legal Profession
Regulation 200411Starting practice as a
solicitor(1)Section 8 does not apply to a
solicitor until 21 January in theyear after the
year in which the solicitor starts practice.(2)Subsection(1)appliestoasolicitorwhetherthesolicitorstarted or starts
practice before or after 1 July 2004.12Certificate about compliance(1)At the end of each financial period
under theTrust AccountsAct 1973, a
solicitor must obtain from the solicitor’s auditor,andgivetothesociety,acertificateintheapprovedformaboutthesolicitor’scompliancewiththispartduringthefinancial period.(2)The
certificate must be given to the society at the same timethe
solicitor gives an auditor’s report under theTrust
AccountsAct 1973, section
16(1)(b) for the financial period.(3)In
this section—solicitor’sauditormeansthesolicitor’sauditorundertheTrust Accounts Act 1973, section
16.Part 3Other
matters13Agencies with government legal
officers—Act, s 10Eachofthefollowingagenciesisprescribedforsection10(1)(a) of the
Act—•the Board of Architects of
Queensland;•the Board of Professional Engineers of
Queensland;•the Commission for Children and Young
People;•the Crime and Misconduct
Commission;•the office of Information
Commissioner;•the Office of the Ombudsman;•the Office of the Queensland
Parliamentary Counsel;
s
147s 15Legal Profession
Regulation 2004•the parliamentary service;•the Queensland Building Services
Authority;•Queensland Treasury
Corporation;•the Residential Tenancies
Authority;•the Workers’ Compensation Regulatory
Authority.14Criteria for deciding home
jurisdiction of associate of lawpractice in
particular circumstances—Act, s 12(3)(b)(iii)The criteria for
deciding the jurisdiction of an associate of alawpracticeforsection12(3)(b)(iii)oftheActareasfollows—(a)iftheassociatehasaplaceofresidenceinAustralia—thejurisdictionoftheassociate’splaceofresidence;(b)otherwise—the jurisdiction of the
associate’s last placeof residence in Australia.15Persons engaging in activities who
need not beAustralian legal practitioners—Act, s
24(2)(f)(1)The purpose of this section is to
authorise the persons, and theactivities that
the persons may engage in, for section 24(2)(f)of the
Act.(2)In the following table, each of the
persons listed is authorisedto engage in the
activities stated opposite.authorised person1. a corporation
that is a communitylegal service under thePersonalInjuries Proceedings Act 2002,section 67A(2)2. a publicly
funded, nonprofitcorporation whose primarypurpose is to provide legal servicesto
Aboriginal or Torres StraitIslander peopleactivityproviding legal services to thecommunity or a section of thecommunityproviding legal
services toAboriginal or Torres StraitIslander people
s
168s 17Legal Profession
Regulation 2004authorised person3. a publicly
funded, nonprofitcorporation whose primarypurpose is to represent acorporation mentioned in item 1 or2activityproviding legal
services, to aclient of a corporation it isrepresenting, under anagreement with
therepresented corporation(3)In
this section—nonprofitcorporationmeansacorporationformedforapurpose other
than financial gain for its members.publiclyfundedmeansobtainingmostofitsfundingfrompublic sources.16Fees—Act, s 42The fees stated
in schedule 1 are the fees that the board mustcharge for the
matters stated.17Working out periods of supervised
legal practice—Act, ss59 and 77(1)This
section applies to working out if a person has undertakenaperiodorperiodsequivalentto18monthsor2yearssupervised legal practice for section 59(3)
or 77(1) of the Act.(2)Non-continuousperiodsofsupervisedlegalpracticeundertaken by a
person are to be aggregated.(3)A
period of supervised legal practice, during which a personworks
less than 35 hours a week, must be multiplied by theperson’s total hours of work each week
during the period anddivided by 35.Example—A person undertakes 4 years of
supervised legal practice, during whichthe person works
for 171/2hours
each week. The 4 year period must bemultiplied by
171/2and
divided by 35, giving a period equivalent to 2years supervised
legal practice.(4)Aperiodofsupervisedlegalpracticeisnottakentobeequivalent to a longer period merely
because a person worksfor more than 35 hours a week during
the period.
s
189s 18Legal Profession
Regulation 2004(5)A period of supervised legal practice
includes—(a)any periods of leave taken during the
period that do nottotal more than 6 weeks in a calendar year;
and(b)any public holidays during the
period.(6)If, during a period of supervised
legal practice, a person takesleave for a
period or periods totalling more than 6 weeks in acalendar year, the period of supervised
legal practice—(a)includes 6 weeks of the leave;
and(b)doesnotincludetheremainingperiodofleavetakenduring the calendar year.18Requirements for professional
indemnityinsurance—Act, ss 50 and 74(1)For section 50(3) of the Act,
professional indemnity insurancecomplieswiththeActinrelationtoapractisingcertificategranted by the
bar association if—(a)the insurance is for at least $1.5
million; and(b)the insurance—(i)complieswitharequirementunderanindemnityrule made by the
bar association; or(ii)isprovidedbyaninsurerapprovedbythebarassociation.(2)For
section 50(3) of the Act, professional indemnity insurancecomplieswiththeActinrelationtoapractisingcertificategranted by the
law society if the insurance—(a)is
for at least $1.5 million; and(b)complieswitharequirementunderanindemnityrulemade
by the law society.(3)Aninterstatelegalpractitioner’sprofessionalindemnityinsurancecomplieswiththerequirementsforsection74(1)(a)(ii) of
the Act if—(a)the insurance complies with subsection
(1) or (2); or(b)the insurance—(i)is
for at least $1.5 million; and
s
1910s 19Legal Profession
Regulation 2004(ii)complieswitharequirementunderacorrespondinglawfortheinterstatepractisingcertificate held
by the practitioner.(4)Subsection(3)(b)(i)doesnotapplytoaninterstatelegalpractitioner who
is a barrister.19Particulars required to be included in
the register of localpractising certificates—Act, s
82(1)A register kept by a regulatory
authority under section 82 oftheActmustincludethefollowingparticularsabouteachlocal legal practitioner—(a)the practitioner’s name;(b)thetypeoflocalpractisingcertificateheldbythepractitioner;1(c)the practitioner’s year of
admission;(d)particulars of any incorporated legal
practice of whichthe practitioner is an officer or employee,
including itsname and Australian Company Number and the
namesof its directors;(e)theaddressofeachofficeatwhichthepractitionerpractises or
provides legal services and, if more than 1office, an
indication as to which is the principal office;(f)ifthepractitionerisamemberoremployeeofapartnershiporisanofficeroremployeeofanincorporated legal practice—the
address of each officeat which the partnership or
incorporated legal practicepractises or provides legal services
and, if more than 1office, an indication as to which is the
principal office;(g)ifthepractitionerisemployedotherwisethanbyapartnership or incorporated legal
practice—the name ofthe employer and the address of the
employer’s principaloffice;1Section 226 (Rules other than legal
profession rule) of the Act provides for themaking of rules,
by a regulatory authority, about particular matters including
thetypes of practising certificates that the
regulatory authority may grant or renew.
s
2011s 21Legal Profession
Regulation 2004(h)thetelephonenumber,anyfacsimilenumberandanydocument exchange
address of the practitioner at eachofficeatwhichthepractitionerpractisesorprovideslegal
services.(2)Subsection (1) does not limit other
information that may beincluded in the register at the
request, or with the consent, of alocal legal
practitioner including, for example, a special areaof
legal practice that the practitioner is engaged in.(3)Despite subsection (1), a register
need not include particularinformation about a local legal
practitioner if—(a)the practitioner has asked the
regulatory authority not toinclude the information; and(b)the regulatory authority is satisfied
the practitioner maybe at risk of harm if the information is
included or thereis another good reason not to include the
information.Example for paragraph (b)—A local legal practitioner has
obtained a domestic violence orderagainst a
previous spouse and changed jobs and addresses toavoid
further threatened violence.20Application of ch 2, pt 7 to defaults of
particularbarristers—Act, s 145Chapter 2, part 7
does not apply to the default of an interstatelegal
practitioner who is a barrister.21Caps
on payments—-Act, s 182(1)The maximum
amount that may be paid from the fidelity fundfor an individual
claim is $200000.(2)The maximum aggregate amount that may
be paid from thefidelity fund for all claims made in
relation to an individuallaw practice is $2000000.
s
2212s 22Legal Profession
Regulation 200422Interstate legal practitioner becoming
authorised towithdraw from local trust account—Act, s
198(1)Thissectionappliestoaninterstatelegalpractitionerwho,whether alone or with a co-signatory,
becomes authorised towithdraw money from a local trust
account.(2)Within7daysaftertheauthorisationstarts,thepractitionermust give the law
society a notice, in the law society approvedform, that
includes the following information—(a)the
practitioner’s name;(b)thecorrespondinglawunderwhichthepractitioner’scurrentpractisingcertificatewasissued,includingthenameofthecorrespondingauthoritythatissuedthecertificate;(c)the
practitioner’s principal business address;(d)details of the trust account,
including—(i)the name and address of the law
practice operatingthe account; and(ii)the
name of the financial institution with which theaccount is held; and(iii)the
names of any other signatories to the account;(e)the
day on which the authorisation started.(3)The
practitioner must give the law society a notice, in the lawsociety approved form, within 7 days
after—(a)the authorisation ends; or(b)there is a change in information
previously notified tothe law society under this
section.(4)The following requirements apply as if
the practitioner were alocal legal practitioner—(a)within7daysaftertheauthorisationstarts,thepractitionermustpaytothefidelityfundthecontribution payable under section 156
of the Act for anapplication for the grant of a local
practising certificate;(b)while the
authorisation is in force, the practitioner mustpay
to the fidelity fund, at the start of each financial yearafter
the financial year in which the authorisation starts,
s
2313s 25Legal Profession
Regulation 2004the contribution payable under section 156
of the Act foranapplicationfortherenewalofalocalpractisingcertificate;(c)if a
levy is made under section 157 of the Act in relationto a
period that includes the time the authorisation is inforce, the practitioner must pay the levy to
the fidelityfund.23Application of particular legal
professionrules—Act, s 224(1)Rules
81—108 and 118—126 of the 2004 Barristers Rule donotapplytoanemployeeofacorporationmentionedinsection 15(2), table, item 2, column
1.(2)Thissectionappliesdespiterule142ofthe2004BarristersRule.(3)In
this section—2004 Barristers Rulemeans the rule in
theLegal Profession(Barristers)
Rule 2004, schedule.24Limit
on fees set by administration rule—Act,ss 226 and
228Aregulatoryauthoritymaynotsetfeesunderanadministrationruleforthegrantorrenewalofapractisingcertificatethatdifferaccordingtowhetherthelegalpractitioner is a
member of the regulatory authority.25Covering cost of costs assessor—Act, s
272(1)The commissioner may, by written
notice to a complainant,require the complainant—(a)topayanamounttothecommissioner,beforeacostsassessment is
undertaken, to cover the cost of the costsassessor;
or(b)to agree, before a costs assessment is
undertaken, to paythecommissionerthecostofthecostsassessoriftheresultoftheassessmentisthatthecostschargedor
s
2614s 29Legal Profession
Regulation 2004claimedbytherelevantlawpracticearenottobereduced or are not to be reduced by at least
15%.(2)The commissioner may, by written
notice to a law practice,require it to pay the cost of a costs
assessor if the result of thecost assessment
is that the costs charged or claimed by the lawpractice are to
be reduced by at least 15%.26Discipline
register—Act, s 296(2)(e)The discipline register must include
the date of birth of theperson against whom the disciplinary
action was taken.27Application of ch 4—Act, s 316Chapter4doesnotapplytoaninterstatelegalpractitionerwho is a
barrister.28Disclosure of information relating to
solicitorscomplaints tribunal—Act, s 637(6)(1)Thissectionappliestoinformationobtainedbythecommissioner
under section 637 of the Act.(2)A
person may apply to the Supreme Court for an order thatallows the commissioner to disclose
information, including bygiving the person access to, or a copy
of, a document.Part 4Transitional29Transitional—prescribed accounts(1)Under section 631 of the Act,
particular accounts kept by thesociety were
vested in the chief executive on 1 July 2004 andbecameprescribedaccountsforthepersonstowhomtheaccounts
related.(2)Areferenceinpart2toasolicitor’sprescribedaccountbalance is, in
relation to a time before 1 July 2004, a reference
s
3015s 31Legal Profession
Regulation 2004to the amount the solicitor was keeping on
deposit with thesociety at the time under LPA s 51.(3)Areferenceinsection9(3)toawithdrawalincludesawithdrawal,before1July2004, from an
amount a solicitorwas keeping on deposit with the society
under LPA s 51, inorder to operate a trust account and keep
the trust account incredit.(4)A
reference in section 12 to a solicitor’s compliance with
part2 during a financial period includes, for
the part of the firstfinancialperiodbeforethecommencementofpart2,thesolicitor’s compliance with LPA s 51.(5)In this section—first financial
periodmeans the financial period ending on
31March 2005.LPA s 51means
theLegal Practitioners Act 1995,
section 51.30Transitional—certificate of
compliance(1)This section applies if—(a)before the repeal of theLegal Practitioners Regulation1996,asolicitorhadobtainedanextensionoftimementioned in section 3(4) of that
regulation; and(b)the extension was to a time on or
after 1 July 2004; and(c)immediatelybefore1July2004,thesolicitorhadnotgiventhesocietyacertificateundersection3ofthatregulation
relating to the financial period ending on 31March
2004.(2)The solicitor must give the
certificate to the society within theextended
time.31Transitional—fees for admission(1)This section applies in relation to a
person’s application foradmission as a legal practitioner at
sittings to be held in July2004 (arelevant
application).(2)Thefeestatedinschedule1,item1,doesnotapplytotheboard’s consideration of the relevant
application.
s
3216s 33Legal Profession
Regulation 2004(3)Thepersonmustpaythefeethatwouldhavebeenpayableunder
the relevant previous admission rules if the person hadapplied for admission on 30 June
2004.Part 5Repeal32Repeal of Queensland Law Society
(Indemnity) Rule 1987TheQueenslandLawSociety(Indemnity)Rule1987isrepealed.33Repeal of Queensland Law Society Rules
1987TheQueensland Law Society Rules
1987are repealed.
18Legal Profession Regulation 2004Schedule 2Dictionarysection 3combined
balance, for part 2, see section 7.prescribed account balance, for
parts 2 and 4, see section 6.previous
admission rulesmeans—(a)theBarristers’ Admission Rules
1975; or(b)theSolicitors’ Admission Rules 1968.solicitor, for parts 2 and
4, see section 203 of the Act.trust
account, for parts 2 and 4, see section 203 of the
Act.trust account balance, for part 2, see
section 5.year, for part 2, means a calendar
year.
20Legal Profession Regulation 20044Table of reprintsReprints are
issued for both future and past effective dates. For the most
up-to-date tableof reprints, see the reprint with the latest
effective date.Ifareprintnumberincludesaletterofthealphabet,thereprintwasreleasedinunauthorised, electronic form only.ReprintNo.11A1B1C1D1E1F1G1HAmendments includednone2004
SL No. 1452004 SL No. 2742005 SL No.
742005 Act No. 28—2005
SL No. 1452006 SL No. 1682006 SL No.
284Effective1 July
200430 July 200410 December
200429 April 200531 May
20051 June 20051 July
200530 June 200627 November
2006Notesprovs exp 31 May
20055List of legislationLegal
Profession Regulation 2004 SL No. 109made by the
Governor in Council on 24 June 2004notfd gaz 25 June
2004 pp 573–81ss 1–2 commenced on date of
notificationremaining provisions commenced 1 July 2004
(see s 2)exp 1 September 2014 (see SIA s 54)Note—The expiry date may have changed since
this reprint was published. See thelatest reprint of
the SIR for any change.amending legislation—Legal
Profession Amendment Regulation (No. 1) 2004 SL No. 145notfd
gaz 30 July 2004 pp 1009–10commenced on date of
notificationLegal Profession Amendment Regulation (No. 2)
2004 SL No. 274notfd gaz 10 December 2004 pp 1195–8commenced on date of notificationLegal
Profession Amendment Regulation (No. 1) 2005 SL No. 74notfd
gaz 29 April 2005 pp 1392–5commenced on date of
notificationFreedom of Information and Other Legislation
Amendment Act 2005 No. 28 ss1–2(3)–(4), ch 3
pt 2date of assent 31 May 2005commenced on date of assent (see s
2(3)–(4))
21Legal Profession Regulation 2004Legal
Profession Amendment Regulation (No. 1) 2005 SL No. 74notfd
gaz 29 April 2005 pp 1392–5commenced on date of
notificationFreedom of Information and Other Legislation
Amendment Act 2005 No. 28 ss1–2(3)–(4), ch 3
pt 2date of assent 31 May 2005commenced on date of assent (see s
2(3)–(4))Legal Profession Amendment Regulation (No. 2)
2005 SL No. 145notfd gaz 1 July 2005 pp 763–6commenced on date of notificationLegal
Profession Amendment Regulation (No. 1) 2006 SL No. 168notfd
gaz 30 June 2006 pp 1060–7ss 1–2 commenced on date of
notificationremaining provisions commenced 30 June 2006
(see s 2)Justice and Other Legislation (Fees)
Amendment Regulation (No. 1) 2006 SL No. 284notfd gaz 24
November 2006 pp 1476–9ss 1–2 commenced on date of
notificationremaining provisions commenced 27 November
2006 (see s 2)6List of annotationsAgencies with government legal officers—Act,
s 10s 13amd 2004 SL No. 145 s 3; 2005 SL No.
74 s 3PART 5—REPEALpt hdgprev
pt hdg om R1 (see RA s 7(1)(k))pres pt hdg ins
2005 SL No. 145 s 3Repeal of Queensland Law Society (Indemnity)
Rule 1987s 32prev s 32 exp 31 May 2005 (see s
32(4))pres s 32 ins 2005 SL No. 145 s 3Repeal
of Queensland Law Society Rules 1987s 33prev
s 33 om 2005 No. 28 s 90pres s 33 ins 2006 SL No. 168 s
4Division 1—Trust Accounts Regulation
1999div hdgom R1 (see RA s
7(1)(k))Records of Solicitors’ Board and Barristers’
Boards 34prev s 34 om R1 (see RA s 40)pres
s 34 ins 2004 SL No. 274 s 3om 2005 No. 28 s
90Amendment of Queensland Law Society Rule
1987s 35prev s 35 om R1 (see RA s 40)pres
s 35 ins 2005 SL No. 74 s 4exp 31 May 2005 (see s
35(5))
