The Legal Profession Uniform Law is template legislation intended to be implemented in multiple states and territories in the same form. Victoria will act as "host jurisdiction" by being the first state or territory to pass the Uniform Law. Other participating states and territories will then "apply" the law of the "host jurisdiction" as a law of their own jurisdiction. Normally, the Charter of Human Rights and Responsibilities Act 2006 would apply to the Legal Profession Uniform Law as an Act of Victoria. However, because of the nature of the national scheme in which this Bill operates and the need for inter-jurisdictional consistency, and in order to prevent the extra-jurisdictional application of the Charter of Human Rights and Responsibilities Act 2006, it is necessary to specifically provide for its exclusion from the Uniform Law. The purpose of the override clause is also to avoid the inconsistency that may arise if inter-jurisdictional bodies established under the Uniform Law, as well as regulatory bodies in other participating states or territories performing Uniform Law functions, are required to act compatibly with the Charter Act despite having no experience with its requirements. If the Charter Act were only partly excluded, so that it continued to apply in the Victorian context, there is a further risk that inconsistencies could arise in the interpretation and implementation of the Uniform Law between Victoria and other participating states and territories. Clause 7 While clause 5 disapplies the Subordinate Legislation Act 1994, this clause provides that sections 15(1) and Part 5 (except for sections 21(1)(ha) and (j)) apply to the Uniform Regulations as if those regulations were statutory rules within the meaning of that Act. Section 15(1) of the Subordinate Legislation Act 1994 requires that a statutory rule be laid before each House of Parliament. Part 5 of that Act provides for the suspension or disallowance of statutory rules in certain circumstances. Therefore the Uniform Regulations are subject to the tabling requirements in Victoria, and the suspension and disallowance process. Subclause (2) provides that if, as a result of this process, a Uniform Regulation is disallowed (in whole or in part) the disallowed regulation or part does not cease to have effect in
Committee by the Council, in addition to the functions provided in section 403. Section 403 provides, in subsection (1), that the Admissions Committee has the functions conferred or imposed on it by or under the Law as applied in this jurisdiction and other participating jurisdictions. Subsection (2) provides that the Committee may exercise its functions in relation to one, two or more or all participating jurisdictions collectively. Subsection (3) provides that the Council may provide staff and assistance to the Committee. Details relating to the Admissions Committee are set out in Part 6 of Schedule 1. PART 8.5—LOCAL REGULATORY AUTHORITIES Section 404 provides that the local regulatory authorities and their delegates are to be independent of the Council and the Commissioner in exercising any functions under the Law, except as provided by Chapter 8. Section 405 requires a local regulatory authority exercising functions under Chapter 5 to be an independent entity. However, subsection (2) provides that this provision does not prevent a local regulatory authority from delegating its functions under Chapter 5 to a professional association. Section 406 enables a local regulatory authority to delegate any of its functions under the Law (other than the power to delegate and the power to take over responsibility of a matter under section 411) to an entity, or an entity of a class, prescribed by jurisdictional legislation. Section 407 provides, in subsection (1), that the Council may issue guidelines or directions about the exercise of functions under the Law or the Uniform Rules (except for functions under Chapter 5) by local regulatory authorities. Subsection (2) provides that guidelines or directions about the exercise of Chapter 5 functions may be issued by the Commissioner. Subsection (3) provides that guidelines or directions may (without limitation) provide for the determination of which local regulatory authority should deal with a matter in
Division 6—Investigations of certain matters Clause 24 provides, in subclauses (1) and (2), that specified investigations under Chapter 3 of the old legislation which subsisted immediately before the commencement day are, from that day, to continue to be dealt with in accordance with provisions of the old legislation (except for provisions prescribed by local regulations). Subclause (3) provides that an investigation in relation to trust accounts or trust money received by a law practice may be undertaken under Division 4 of Part 4.2 regardless of when the account was established or the money received. Clause 25 provides, in subclause (1), that investigations in relation to specified matters may be commenced under the Law after the commencement day in relation to matters (including acts and omissions) which occurred before that day, provided that the matter had not previously been investigated (or started to be investigated) before that day under Chapter 3 of the old legislation. Subclause (2) provides that if the matter could not have been investigated under the old legislation, an investigation cannot be commenced after the commencement day. Division 7—Dispute resolution and professional discipline Clause 26 applies to complaints under Chapter 4 of the old legislation which had not been disposed of before the commencement day and investigations under that Chapter which had started, but not been completed, before the commencement day. Subclause (2) provides that the complaint or investigation is, from the commencement day, to continue to be dealt with in accordance with the provisions of, and by the entity responsible under, the old legislation. Subclause (3) provides that the entity responsible under the old legislation is not to deal with a complaint or investigation if local regulations or other legislation provides for another entity to deal with it instead.
SCHEDULE 2 Schedule 2 provides for consequential amendments to a number of other Acts which refer to and operate in relation to the Legal Profession Act 2004. The updates ensure that those Acts can operate as intended in relation to the Bill. References to the Legal Profession Act 2004 are deleted, to reflect that the Legal Profession Act 2004 is to be repealed and to reflect that definitions of Australian lawyer and Australian legal practitioner are being inserted in the Interpretation of Legislation Act 1984 (see clause 158).