The Legal Profession Act 2004 (Vic) ("LP Act") became operative on 12 December 2005. It repealed the Legal Practice Act 1996 (Vic). The LP Act covers the regulation of the legal profession and the way in which complaints against lawyers are dealt with. The Office of Legal Ombudsman and the Legal Practice Board ceased on the commencement of the LP Act.
Instead, a Legal Services Board has been established, which will be responsible for all regulation of the legal profession other than complaints and discipline. A Legal Services Commissioner ("the Commissioner") has been introduced, who will be solely responsible for complaints and discipline. The Commissioner is also the CEO of the Board.
Other features of the LP Act:
- The Legal Profession Tribunal has now become a division of the Victorian Civil and Administrative Tribunal (VCAT). The new tribunal has power to hear disciplinary proceedings and consumer disputes against both barristers and solicitors.
- Membership of the professional associations (i.e. the Law Institute of Victoria (LIV) and the Victorian Bar) remains voluntary.
- The introduction of incorporated legal practices and multi-disciplinary partnerships. An incorporated legal practice is a corporation that is permitted to engage in legal practice and may also provide non-legal services. A multi-disciplinary partnership is a partnership between one or more legal practitioners and one or more persons who are not legal practitioners. It may also engage in non-legal services.
- Introduction of the concept of an Australian legal practitioner, i.e. a lawyer who may practise in any Australian jurisdiction following admission in their home jurisdiction.
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INTRODUCTION :: Last updated: Thu Jul 1st 2010