Legal Profession Act 2008

Legal Profession Rules 2009

Reprint 1: The rules as at 14 August 2015


Guide for using this reprint

What the reprint includes

Rules as published

legislative amendments

changes under the
Reprints Act 1984

this reprint

Endnotes, Compilation table, and Table of provisions that have not come into operation

1.Details about the original rules and legislation that has amended its text are shown in the Compilation table in endnote 1, at the back of the reprint. The table also shows any previous reprint.

2.Transitional, savings, modifying or other provisions identified in the Compilation table may be important. The table may refer to another endnote setting out the text of these provisions in full.

3.A table of provisions that have not come into operation, to be found in endnote 1a if it is needed, lists any provisions of the rules being reprinted that have not come into operation and any amendments that have not come into operation. The full text is set out in another endnote that is referred to in the table.

Notes amongst text (italicised and within square brackets)

1.If the reprint includes a rule that was inserted, or has been amended, since the rules being reprinted were made, editorial notes at the foot of the rule give some history of how the rule came to be as it is. If the rule replaced an earlier rule, no history of the earlier rule is given (the full history of the rules is in the Compilation table).

Notes of this kind may also be at the foot of Schedules or headings.

2.The other kind of editorial note shows something has been —

·removed (because it was repealed or deleted from the law); or

·omitted under the Reprints Act 1984 s. 7(4) (because, although still technically part of the text, it no longer has any effect).

The text of anything removed or omitted can be found in an earlier reprint (if there is one) or one of the written laws identified in the Compilation table.

Reprint numbering and date

1.The reprint number (in the footer of each page of the document) shows how many times the rules have been reprinted. For example, numbering a reprint as “Reprint 3” would mean that the reprint was the 3rd reprint since the rules were published. Reprint numbering was implemented as from 1 January 2003.

2.The information in the reprint is current on the date shown as the date as at which the rules are reprinted. That date is not the date when the reprint was published by the State Law Publisher and it is probably not the date when the most recent amendment had effect.

 

 

 

Reprinted under the Reprints Act 1984 as

at 14 August 2015

Legal Profession Rules 2009

Contents

Part 1 — Preliminary matters

1.Citation1

2.Commencement1

3A.Supervised legal practice (s. 3)1

Part 2 — Australian legal practitioners

Division 1 — Grant or renewal of local practising certificates

3.Application for grant or renewal of local practising certificate (s. 43(1))2

4.Fee for application for grant or renewal of local practising certificate (s. 43(1)(b))2

5.Timing of application for renewal of local practising certificate (s. 44)3

6.Notification of change of details3

7A.Contributions to Guarantee Fund (s. 337)3

Division 2 — Condition on local practising certificates: continuing professional development

Subdivision 1 — Preliminary

7.Terms used4

Subdivision 2 — Local practising certificates in force before 1 July 2015

8A.Terms used5

8.Condition on practising certificates before 1 July 2015: practitioner must complete professional development6

9.Earning CPD points6

10.Competency area requirements7

11.Interactive and publishing point requirements8

12.CPD points for an activity8

Subdivision 3 — Local practising certificates in force on or after 1 July 2015

13A.Terms used9

13B.Condition on practising certificates on and after 1 July 2015: practitioner must complete professional development9

13C.Earning CPD points11

13D.Competency area requirements11

13E.Requirements for interactive and publication CPD points12

13F.CPD points for particular approved CPD activities12

Subdivision 4 — Other matters about continuing professional development

13.Points for repeated activities14

14.QA providers15

15.Approval of professional development activities15

16.Approvals generally16

17.Variations16

18.Electronic activities to be reviewed yearly17

Division 3 — Other conditions on local practising certificates

19.Restricted legal practice (s. 50)17

Division 4 — Local legal practitioner with articled clerk

20.Terms used19

21.Supervision of articled clerks19

22.Conduct of principal for articled clerk20

Division 5 — Interstate legal practitioners

23.Notification requirements for interstate legal practitioners (s. 71)20

24.Restricted legal practice by interstate legal practitioner (s. 72)20

Part 3 — Foreign lawyers

25.Fee for application for grant or renewal of registration (s. 168)23

26.Conditions regarding notification of offence (s. 191)23

27.Notification requirements for interstate‑registered foreign lawyers (s. 196)23

Part 4 — Legal Practice Board

Division 1 — Preliminary matters

28.Term used: secretary24

Division 2 — Election of members of the Board

29.Annual election date24

30.Returning officers24

31.Nomination of candidates24

32.Candidates elected when nominations equal vacancies25

33.Ballot papers25

34.Voting25

35.Commencement of term of office26

36.Results to be published in Gazette27

37.Non-receipt of ballot papers27

Division 3 — Board meetings

38.Board meetings27

39.Holding meetings remotely27

40.Urgent meetings27

41.Resolution without meeting28

42.Rescission or amendment28

43.Minutes29

Division 4 — Committees

44.Convenor and deputy convenor29

45.Committee meetings29

46.Application of applied provisions29

Part 5 — Law Library at Supreme Court

47.Terms used30

48.People entitled to use library30

49.Librarian may suspend or restrict entitlement to use library31

50.Board may suspend or restrict entitlement to use library32

51.Use of library and books32

52.Borrowing books33

53.Removal of unauthorised people and retrieval of books34

Part 6 — General matters

54.Documents given to or by Board35

55.Board may excuse non-compliance35

Schedule 1 — Fees

1.Terms used36

2.Fees36

Notes

Compilation table39

Defined terms

 

 

Crest

Reprinted under the Reprints Act 1984 as

at 14 August 2015

Legal Profession Act 2008

Legal Profession Rules 2009

Part 1  Preliminary matters

1.Citation

These rules are the Legal Profession Rules 2009 1.

2.Commencement

These rules come into operation as follows —

(a)rules 1 and 2 — on the day on which these rules are published in the Gazette;

(b)the rest of the rules — on the day on which the Legal Profession Act 2008 Part 17 comes into operation 1.

3A.Supervised legal practice (s. 3)

For the purposes of paragraph (f) of the definition of supervised legal practice in section 3 of the Act, legal practice by a person who is an Australian legal practitioner in a capacity that is approved under rule 19 or 24 is approved.

[Rule 3A inserted in Gazette 17 Jul 2015 p. 2884.]

Part 2 — Australian legal practitioners

Division 1 — Grant or renewal of local practising certificates

3.Application for grant or renewal of local practising certificate (s. 43(1))

(1)An application for the grant or renewal of a local practising certificate must be accompanied by any documents or other information required by the approved form.

(2)If the approved form provides for any document or information relating to the application to be given to the Board after the application has been made, the applicant must give the document or information to the Board within the period specified in the form.

4.Fee for application for grant or renewal of local practising certificate (s. 43(1)(b))

(1)The fee payable for an application for the grant or renewal of a local practising certificate is the relevant fee specified in Schedule 1.

(2A)The fee payable for an application for the grant or renewal of a local practising certificate as specified in Schedule 1 applies to a local practising certificate that takes effect within the time period specified with that fee.

(2)An applicant for the grant of a local practising certificate is entitled to a discounted fee if —

(a)the application is made on or after 1 January but before 30 June; and

(b)the applicant either —

(i)was not an Australian legal practitioner on the previous 30 June; or

(ii)was a local legal practitioner on the previous 30 June but was not required by section 42(6) of the Act to renew his or her local practising certificate.

[Rule 4 amended in Gazette 12 Dec 2014 p. 4718-19.]

5.Timing of application for renewal of local practising certificate (s. 44)

(1)In this rule —

expiry day, in relation to a local practising certificate, means the day on which the certificate is due to expire.

(2)For section 44(1)(a) of the Act the standard renewal period is the period beginning on the 1 May before the expiry day and ending on the 31 May before the expiry day.

(3)For section 44(1)(b) of the Act the late fee period is the period beginning on the 1 June before the expiry day and ending on the expiry day.

6.Notification of change of details

(1)A local legal practitioner must notify the Board immediately of any change in any of the information given in or with the practitioner’s most recent application for a local practising certificate.

(2)A person who is taken to be a local legal practitioner under section 36 of the Act must notify the Board immediately of any change in the person’s name, address, telephone or fax number, email address or employer.

7A.Contributions to Guarantee Fund (s. 337)

For the purposes of section 337 of the Act the prescribed amount is $20.

[Rule 3A inserted in Gazette 7 Apr 2009 p. 1136.]

Division 2 — Condition on local practising certificates: continuing professional development

Subdivision 1 — Preliminary

[Heading inserted in Gazette 20 Feb 2015 p. 681.]

7.Terms used

In this Division —

approved CPD activity means —

(a)a professional development activity provided by a QA provider; or

(b)a professional development activity approved under rule 15;

chair, in relation to an interactive activity, means a person who chairs the activity but who is not a commentator;

commentator, in relation to an interactive activity, means a person making substantive comments or leading discussion as convenor, group leader or in a similar role;

interactive activity means an approved CPD activity that is part of a structured learning programme and either —

(a)involves interaction between 2 or more persons whether in person or by remote communication; or

(b)is an interactive electronic activity;

presenter, in relation to an interactive activity, means a person presenting the activity as a lecturer, tutor, presenter of a substantive paper or in a similar role;

professional development activity includes —

(a)an educational or training activity; and

(b)the writing of a book, article, commentary or other similar work; and

(c)the preparation of material to be used by participants in an educational or training activity, whether or not the material is to be presented by the person who prepared the material; and

(d)the editing, publishing or refereeing of a journal, or article in a journal, or similar publication (whether in print or an electronic format and whether in a publication primarily intended for the legal profession or otherwise);

publication activity means a professional development activity of a kind described in paragraphs (b), (c) and (d) of that term;

QA provider means —

(a)a body that is a QA provider under rule 14(1); or

(b)a person, body or group of persons approved as a QA provider under rule 14(2);

remote communication means any way of communicating at a distance including any sort of electronic, audio or audiovisual communication.

[Rule 7 amended in Gazette 20 Feb 2015 p. 681.]

Subdivision 2 — Local practising certificates in force before 1 July 2015

[Heading inserted in Gazette 20 Feb 2015 p. 681.]

8A.Terms used

In this Subdivision —

certificate year means the period during which a local practising certificate is in force;

CPD condition means the condition imposed on a local practising certificate by rule 8(1);

CPD point means a point earned in accordance with rule 9;

individual activity means an approved CPD activity that is not an interactive activity.

[Rule 8A inserted in Gazette 20 Feb 2015 p. 681.]

8.Condition on practising certificates before 1 July 2015: practitioner must complete professional development

(1)A local practising certificate that takes effect on or after 1 July 2009, but before 1 July 2015, is subject to the condition that the local legal practitioner must earn 10 CPD points during the certificate year.

(2)If requested by the Board to do so a local legal practitioner, or a person who was a local legal practitioner, must provide to the Board any document or information in relation to the person’s compliance with a condition imposed under subrule (1).

[Rule 8 amended in Gazette 20 Feb 2015 p. 682.]

9.Earning CPD points

(1)A local legal practitioner earns CPD points by completing approved CPD activities.

(2)The number of CPD points earned by completing a particular approved CPD activity is to be determined under rule 12.

(3)Subject to subrules (4) and (5A), a CPD point is earned in the certificate year during which the approved CPD activity is completed.

(4)A CPD point earned by the completion of an approved CPD activity on or after 1 April but before 30 June in a year is to be taken to have been earned on 1 July of that year.

(5A)Subrules (3) and (4) do not apply to points earned after 31 March 2015 and before 1 July 2015.

(5)A practitioner may complete an interactive activity —

(a)as a participant by attending in person or by remote communication; or

(b)as a presenter, commentator or chair of the activity.

Note:

Subdivision 3 deals with earning CPD points after 31 March 2015.

[Rule 9 amended in Gazette 20 Feb 2015 p. 682.]

10.Competency area requirements

(1)In this rule a local legal practitioner is an experienced practitioner for a certificate year if, at the beginning of that year, the practitioner had been engaged in legal practice for at least 5 years.

(2)An approved CPD activity is within competency area 1 if it involves professional development in the areas of legal skills or practice.

(3)An approved CPD activity is within competency area 2 if it involves professional development in the areas of ethics or professional responsibility.

(4)An approved CPD activity is within competency area 3 if it involves professional development in an area of substantive law.

(5)An approved CPD activity is to be taken to be in the competency area determined —

(a)if the activity is provided by a QA provider — by the provider; or

(b)otherwise — by the Board at the time it approves the activity under rule 15(3).

(6)If a local legal practitioner is not an experienced practitioner for a certificate year the CPD points earned to satisfy the CPD condition for that certificate year must include —

(a)at least 4 CPD points earned by completing approved CPD activities that are within competency area 1; and

(b)at least 4 CPD points earned by completing approved CPD activities that are within competency area 2.

(7)If a local legal practitioner is an experienced practitioner for a certificate year the CPD points earned to satisfy the CPD condition for that certificate year must include —

(a)at least 2 CPD points earned by completing approved CPD activities that are within competency area 1; and

(b)at least 2 CPD points earned by completing approved CPD activities that are within competency area 2.

11.Interactive and publishing point requirements

(1)The CPD points earned to satisfy the CPD condition for a certificate year must include at least 8 CPD points earned —

(a)by completing interactive activities; or

(b)by completing a combination of interactive activities and publishing activities.

(2)The CPD points earned to satisfy the CPD condition for a certificate year cannot include more than 5 CPD points earned by completing publishing activities.

12.CPD points for an activity

(1)Subject to subrules (2) and (3) the points earned by completing an approved CPD activity are as set out in the Table.

Table

1.Interactive activity

Participant

0.5 points for each complete 30 minutes

Presenter

1.5 points for each complete 30 minutes

Commentator

1 point for each complete 30 minutes

Chair

0.5 points for each complete 30 minutes

2.Individual CPD activity other than publication activity

As participant

0.5 points for each complete 60 minutes

3.Publication activity

As writer

0.5 points for each complete 500 words

As editor

1 point per edition

[(2)deleted]

(3)The maximum number of CPD points that can be earned from completing a single approved CPD activity is 7.

[Rule 12 amended in Gazette 20 Feb 2015 p. 682.]

Subdivision 3 — Local practising certificates in force on or after 1 July 2015

[Heading inserted in Gazette 20 Feb 2015 p. 682.]

13A.Terms used

In this Subdivision —

CPD condition means the condition imposed on a local practising certificate by rule 13B(1) or (2);

CPD period means the period from 1 April to 31 March;

CPD point means a point earned in accordance with rule 13C;

electronic activity means an approved CPD activity provided by way of the electronic communication of information in the form of data, text, sound or images, or a combination of those things.

[Rule 13A inserted in Gazette 20 Feb 2015 p. 682.]

13B.Condition on practising certificates on and after 1 July 2015: practitioner must complete professional development

(1)A local practising certificate that is granted on or after 1 July 2015 is subject to the condition that the local legal practitioner must, during the CPD period that ends in the same financial year during which the certificate is in force, earn the number of CPD points set out in the Table corresponding to the month in which the certificate is granted.

Table

Month in which local practising certificate granted

Number of CPD points to be earned in the CPD period

July

9

August

8

September

7

October

6

November

5

December

4

January

3

February

2

March

1

(2)A local practising certificate that is renewed on or after 1 July 2015 is subject to the condition that the local legal practitioner must earn 10 CPD points during the CPD period that ends in the same financial year during which the certificate is in force.

(3)If requested by the Board to do so a local legal practitioner, or a person who was a local legal practitioner, must provide to the Board any document or information in relation to the person’s compliance with a condition imposed under subrule (1) or (2).

[Rule 13B inserted in Gazette 20 Feb 2015 p. 683.]

13C.Earning CPD points

(1)A local legal practitioner earns CPD points by completing approved CPD activities.

(2)The number of CPD points earned by completing a particular approved CPD activity is to be determined under rule 13F(1), subject to rule 13F(2) and (3).

(3)A practitioner may complete an interactive activity —

(a)as a participant by attending in person or by remote communication; or

(b)as a participant in an interactive electronic activity; or

(c)as a presenter, commentator or chair of the activity.

[Rule 13C inserted in Gazette 20 Feb 2015 p. 683‑4.]

13D.Competency area requirements

(1)The CPD points earned to satisfy the CPD condition for a CPD period must include —

(a)at least one CPD point earned by completing approved CPD activities that are within competency area 1; and

(b)at least one CPD point earned by completing approved CPD activities that are within competency area 2; and

(c)at least one CPD point earned by completing approved CPD activities that are within competency area 3; and

(d)at least one CPD point earned by completing approved CPD activities that are within competency area 4.

(2)An approved CPD activity is within competency area 1 if it involves professional development in an area of practice management.

(3)An approved CPD activity is within competency area 2 if it involves professional development in an area of professional skills.

(4)An approved CPD activity is within competency area 3 if it involves professional development in an area of ethics or an area of professional responsibility.

(5)An approved CPD activity is within competency area 4 if it involves professional development in an area of substantive law.

(6)An approved CPD activity is to be taken to be in the competency area determined —

(a)if the activity is provided by a QA provider — by the provider; or

(b)otherwise — by the Board at the time it approves the activity under rule 15.

[Rule 13D inserted in Gazette 20 Feb 2015 p. 684.]

13E.Requirements for interactive and publication CPD points

(1)The CPD points earned to satisfy the CPD condition for a CPD period must include at least 6 CPD points earned —

(a)by completing interactive activities; or

(b)by completing a combination of interactive activities and publication activities.

(2)The CPD points earned to satisfy the CPD condition for a CPD period cannot include more than 5 CPD points earned by completing publication activities.

[Rule 13E inserted in Gazette 20 Feb 2015 p. 685.]

13F.CPD points for particular approved CPD activities

(1)The CPD points earned by completing an approved CPD activity are as set out in the Table.

Table

1.Interactive activity

Participant

0.5 points for each complete 30 minutes

Presenter who prepared the material used in the activity

1.5 points for each complete 30 minutes

Presenter who presents material prepared by someone else

1 point for each complete 30 minutes

Commentator

1 point for each complete 30 minutes

Chair

0.5 points for each complete 30 minutes

2.Publication activity

All publication activities

0.5 points for each set of 500 words to a maximum of 5 points for a single article

As editor, as an alternative to the previous item

1 point for each edition to a maximum of 5 editions

3.Electronic activity that is not an interactive activity or a publication activity

As participant

1 point for each complete 60 minutes to a maximum of 4 points for a conference, course or other event comprising one or more approved CPD activities

(2)The maximum number of CPD points that can be earned from attending a conference, course or other event comprising one or more interactive activities is 6.

(3)CPD points cannot be earned by completing an electronic activity, whether interactive or not, unless the material for the activity —

(a)was prepared in the period of 12 months before completion of the electronic activity; or

(b)has been reviewed and, if necessary, updated in that period.

[Rule 13F inserted in Gazette 20 Feb 2015 p. 685‑6.]

Subdivision 4 — Other matters about continuing professional development

[Heading inserted in Gazette 20 Feb 2015 p. 686.]

13.Points for repeated activities

(1A)In this rule —

CPD points means points earned in accordance with rule 9 or 13C, as is relevant to the case.

(1)If a local legal practitioner repeats an approved CPD activity the practitioner earns the CPD points for completing the activity only once, but the practitioner may choose from which repetition of the activity he or she earns the points.

(2)If a local legal practitioner —

(a)completes a publication activity of a kind described in paragraph (b) or (c) of the definition of professional development activity; and

(b)presents substantially the same material as a presenter or commentator of an interactive activity,

the practitioner earns the CPD points for the publication activity or the interactive activity but not both, but the practitioner may choose from which activity he or she earns the points.

[Rule 13 amended in Gazette 20 Feb 2015 p. 686.]

14.QA providers

(1)The following are QA providers —

(a)the Board;

(b)all courts and tribunals created by a written law of this State, the Commonwealth, any other State or a territory;

(c)The Western Australian Industrial Relations Commission and the Australian Industrial Relations Commission.

(2)The Board may approve any other person, body or group of persons as a QA provider.

(3)The Board may audit, or cause to be audited, a person, body or group of persons approved as a QA provider under subrule (2) in relation to the provision by the QA provider of professional development activities.

[Rule 14 amended in Gazette 26 Oct 2010 p. 5290; 20 Feb 2015 p. 686.]

15.Approval of professional development activities

(1)The Board may, on the application of a person who is not, or a body or group of persons that is not, a QA provider, approve a professional development activity provided, or to be provided, by the applicant as an approved CPD activity.

(2)The Board may, on the application of a local legal practitioner, approve a professional development activity undertaken, or to be undertaken, by that practitioner as an approved CPD activity for that practitioner.

(3)When approving an activity under this rule the Board is to determine which competency area the activity is in for the purposes of rule 10 or 13D.

(4)When approving an activity under this rule the Board may allocate to it a number of CPD points different from that set out in the Table to rule 12(1) or the Table to rule 13F(1), as is relevant to the case, in which case a person completing the activity earns the number of points allocated by the Board.

[Rule 15 amended in Gazette 20 Feb 2015 p. 686‑7.]

16.Approvals generally

An approval under rule 14(2) or 15 —

(a)may be granted subject to any conditions the Board thinks fit; and

(b)takes effect from the day specified in it, which may be before the day on which it is granted; and

(c)may be revoked by the Board at any time.

[Rule 16 amended in Gazette 20 Feb 2015 p. 687.]

17.Variations

(1)In this rule —

reduce includes reduce to zero.

(2)The Board may vary the condition imposed on a practising certificate by rule 8(1) or 13B(1) or (2) by doing either or both of the following —

(a)reducing the number of CPD points the local legal practitioner is required to earn;

(b)reducing the minimum points requirements imposed by rules 10 and 11 or 13D and 13E, as is relevant to the case.

(3)Without limiting the matters to which the Board may have regard in deciding whether to exercise a power under subrule (2), the Board may have regard to any or all of the following —

(a)the time when, or length of the period during which, the certificate is in force;

(b)any disability, injury or illness suffered by the practitioner;

(c)any restrictions on the practitioner’s right to practice;

(d)any period of absence from legal practice (whether on leave or otherwise) by the practitioner during the period during which the certificate is in force;

(e)the location of the practitioner’s principal place of practice;

(f)the length of time for which the practitioner has been engaged in legal practice;

(g)any other professional development or educational activities undertaken by the practitioner;

(h)whether compliance with the CPD condition would otherwise cause unreasonable hardship.

[Rule 17 amended in Gazette 20 Feb 2015 p. 687.]

18.Electronic activities to be reviewed yearly

(1)In this rule —

provider means —

(a)a QA provider; or

(b)a person, body or group of persons providing a professional development activity approved under rule 15.

(2)The provider of an electronic activity, whether interactive or not, must review and, if necessary, update the material for the activity at least every 12 months.

[Rule 18 inserted in Gazette 20 Feb 2015 p. 687‑8.]

Division 3 — Other conditions on local practising certificates

19.Restricted legal practice (s. 50)

For the purposes of paragraph (f) of the definition of restricted legal practice in section 50(1) of the Act, legal practice by a person who is an Australian legal practitioner in a capacity mentioned in an item of the Table is approved if it is engaged in under the required supervision mentioned in the item.

Table

Item

Capacity of legal practice

Required supervision

1.

As an employee of a law practice, being an employee who is seconded to work for a body that carries on a business other than the practice of law

The supervision of an Australian legal practitioner who holds an unrestricted practising certificate and who is a partner, director or employee of the body

2.

As an employee of a law practice at which there is only one Australian legal practitioner who holds an unrestricted practising certificate (the sole practitioner)

During periods of the sole practitioner’s absence and with the Board’s approval, the supervision of another Australian legal practitioner who holds an unrestricted practising certificate

3.

As an employee or other member of staff of the Aboriginal Legal Service of Western Australia (Inc.) (the ALS)

The supervision of an Australian legal practitioner who holds an unrestricted practising certificate and who is an employee of the ALS

4.

As an employee or other member of staff of the Legal Aid Commission of Western Australia established by the Legal Aid Commission Act 1976 (the LAC)

The supervision of an Australian legal practitioner who holds an unrestricted practising certificate and who is an employee of the LAC

5.

As an employee or other member of staff of a community legal centre as defined in section 388(1) of the Act

The supervision of an Australian legal practitioner who holds an unrestricted practising certificate and who provides (whether or not for remuneration) legal services to, or on behalf of, the centre

6.

As a volunteer for a local charitable or not‑for‑profit body if approved by the Board to do so

The supervision of an Australian legal practitioner who holds an unrestricted practising certificate and who provides (whether or not for remuneration) legal services to, or on behalf of, the body

[Rule 19 inserted in Gazette 17 Jul 2015 p. 2884‑6.]

Division 4 — Local legal practitioner with articled clerk

20.Terms used

A term has the same meaning in this Division as it has in the Legal Profession (Admission) Rules 2009 Part 3.

21.Supervision of articled clerks

For the purposes of the Legal Profession (Admission) Rules 2009 rule 19(1) the Board may require an articled clerk or principal to do either or both of the following —

(a)make available to the Board any document or other information in his or her possession or control;

(b)appear before the Board and answer questions put to the person.

22.Conduct of principal for articled clerk

A local legal practitioner who is the principal for an articled clerk under articles of clerkship must comply with that deed.

Division 5 — Interstate legal practitioners

23.Notification requirements for interstate legal practitioners (s. 71)

An interstate legal practitioner who has given a notice under section 71 of the Act must give written notice to the Board of any change in the particulars or circumstances described in section 71(2)(a) to (e) or (g) or (h) within 28 days of the change occurring.

24.Restricted legal practice by interstate legal practitioner (s. 72)

For the purposes of paragraph (f) of the definition of restricted legal practice in section 72(1) of the Act, legal practice by a person who is an Australian legal practitioner in a capacity mentioned in an item of the Table is approved if it is engaged in under the required supervision mentioned in the item.

Table

Item

Capacity of legal practice

Required supervision

1.

As an employee of a law practice, being an employee and who is seconded to work for a body that carries on a business other than the practice of law

The supervision of an Australian legal practitioner who holds an unrestricted practising certificate and who is a partner, director or employee of the body

2.

As an employee of a law practice at which there is only one Australian legal practitioner who holds an unrestricted practising certificate (the sole practitioner)

During periods of the sole practitioner’s absence and with the Board’s approval, the supervision of another Australian legal practitioner who holds an unrestricted practising certificate

3.

As an employee or other member of staff of the Aboriginal Legal Service of Western Australia (Inc.) (the ALS)

The supervision of an Australian legal practitioner who holds an unrestricted practising certificate and who is an employee of the ALS

4.

As an employee or other member of staff of the Legal Aid Commission of Western Australia established by the Legal Aid Commission Act 1976 (the LAC)

The supervision of an Australian legal practitioner who holds an unrestricted practising certificate and who is an employee of the LAC

5.

As an employee or other member of staff of a community legal centre as defined in section 388(1) of the Act

The supervision of an Australian legal practitioner who holds an unrestricted practising certificate and who provides (whether or not for remuneration) legal services to, or on behalf of, the centre

6.

As a volunteer for a local charitable or not‑for‑profit body if approved by the Board to do so

The supervision of an Australian legal practitioner who holds an unrestricted practising certificate and who provides (whether or not for remuneration) legal services to, or on behalf of, the body

[Rule 24 inserted in Gazette 17 Jul 2015 p. 2886‑7.]

Part 3  Foreign lawyers

25.Fee for application for grant or renewal of registration (s. 168)

The fee payable for an application for the grant or renewal of registration as a foreign lawyer is the relevant fee specified in Schedule 1.

26.Conditions regarding notification of offence (s. 191)

A notice under section 191 of the Act must be in an approved form.

27.Notification requirements for interstate‑registered foreign lawyers (s. 196)

An interstate‑registered foreign lawyer who has given a notice under section 196 of the Act must give written notice to the Board of any change in the particulars or circumstances described in section 196(2)(a) to (e) or (g) or (h) within 28 days of the change occurring.

Part 4 — Legal Practice Board

Division 1 — Preliminary matters

28.Term used: secretary

In this Part —

secretary means the secretary of the Board engaged or employed under section 553 of the Act.

Division 2 — Election of members of the Board

29.Annual election date

(1)Elections to elect members of the Board for the purposes of section 536(1)(d) are to be held on the first Tuesday in April each year.

(2)If the first Tuesday in April is a day when the offices of the Supreme Court are closed, the election is to be held on the second Tuesday in April.

30.Returning officers

(1)The Board is to appoint a returning officer and an assistant returning officer for each election.

(2)The secretary cannot be appointed under subrule (1).

31.Nomination of candidates

(1)A local legal practitioner may nominate as a candidate in an election by giving a notice of intention to stand to the Board at least 28 days before the election date.

(2)A notice of intention to stand is to be signed by the nominee and countersigned by another local legal practitioner.

32.Candidates elected when nominations equal vacancies

If the number of candidates in an election is less than or equal to the number of vacancies, the candidates are all elected and the election need not be held.

33.Ballot papers

(1)If the number of candidates in an election exceeds the number of vacancies, the secretary is to give a ballot paper to each local legal practitioner.

(2)On the ballot paper —

(a)the candidates are to be listed in the order determined by lot by the secretary; and

(b)a candidate who is a member of the Board standing for re‑election is to be identified as such.

(3)The ballot paper is to be given to a local legal practitioner —

(a)with a ballot paper envelope for the purposes of rule 34(1)(b); and

(b)in an envelope marked “Confidential” and initialled by the secretary; and

(c)at least 10 days before the election date.

34.Voting

(1)A local legal practitioner may cast his or her vote by —

(a)indicating on the ballot paper, by clearly scoring through them, the names of the candidates for whom the practitioner does not wish to vote; and

(b)sealing the ballot paper in an envelope marked “Ballot Paper” and signing the envelope; and

(c)returning the ballot paper to the secretary.

(2)A vote is not valid unless it is received by the secretary before 12 noon on the election date.

(3)A local legal practitioner must not cast more than one vote in an election.

(4)As soon as practicable after 12 noon on the election date —

(a)the secretary is to give to the returning officer, unopened, all the ballot paper envelopes returned under subrule (1)(c); and

(b)the returning officer, assisted by the assistant returning officer, is to —

(i)open the ballot paper envelopes; and

(ii)decide on the validity of each ballot paper; and

(iii)record the number of votes cast for each candidate.

(5)When all the votes have been counted the returning officer is to give to the Board —

(a)the record of votes signed by the returning officer and the assistant returning officer; and

(b)the valid and invalid ballot papers (in 2 separate, clearly marked bundles).

(6)The candidates, equal in number to the number of vacancies, who receive the most votes are elected.

(7)If —

(a)2 or more candidates receive the same number of votes; and

(b)after candidates who received more votes are elected, the number of vacancies left is less than the number of candidates referred to in paragraph (a),

the chairperson has a casting vote to decide which of the candidates referred to in paragraph (a) is elected.

35.Commencement of term of office

A person elected under rule 32 or 34 takes office on the Thursday after the election date.

36.Results to be published in Gazette

The secretary is to cause a notice setting out the names of the successful candidates, and of all other members of the Board, to be published in the Gazette.

37.Non-receipt of ballot papers

A failure by the secretary to give a ballot paper to a local legal practitioner in accordance with rule 33, or the non‑receipt of a ballot paper by a local legal practitioner, does not affect the validity of an election.

Division 3 — Board meetings

38.Board meetings

(1)Board meetings are to be held —

(a)at the times and places determined by the Board; and

(b)at other times at the request of the chairperson or 2 members of the Board.

(2)A request for a Board meeting is to be in writing, signed by the chairperson or members of the Board and given to the secretary at least 48 hours before the time requested for the meeting.

39.Holding meetings remotely

The presence of a person at a meeting of the Board need not be by attendance in person but may be by that person and each other person at the meeting being simultaneously in contact by telephone, or other means of instantaneous communication.

40.Urgent meetings

(1)If a committee decides that the urgency of a matter being considered at a committee meeting requires immediate consideration by the Board, the members of the committee present at the meeting may immediately sit as the Board for the purpose of considering, and making a decision on, that matter.

(2)Rule 38 does not apply to a meeting held under subrule (1).

41.Resolution without meeting

(1)A resolution in writing signed, or otherwise assented to, by at least 4 members of the Board has the same effect as if it had been passed at a meeting of the Board.

(2)Subrule (1) does not apply unless —

(a)each member of the Board has been given a notice —

(i)setting out the proposed resolution; and

(ii)requesting the member to respond in writing to the secretary indicating whether the member supports or opposes the resolution not later than the time specified in the notice (the response time);

and

(b)the majority of members whose responses are received by the secretary at or before the response time support the resolution.

(3)A resolution made under subrule (1) is taken to have been passed at the later of —

(a)the response time; or

(b)the time when the fourth member signed or otherwise assented to the resolution.

(4)The non‑receipt by a member of the Board of notice of the resolution does not affect the validity of the resolution.

42.Rescission or amendment

The Board cannot rescind or amend a resolution passed at a previous Board meeting unless notice of the proposed rescission or amendment is given in the notice convening the meeting.

43.Minutes

(1)The secretary is to keep minutes of every Board meeting.

(2)The minutes, when signed by the chairperson of that or a subsequent meeting, are prima facie evidence of the matters contained in the minutes.

Division 4 — Committees

44.Convenor and deputy convenor

(1)The Board is to appoint a convenor and deputy convenor for each committee.

(2)Section 541(2) to (6) of the Act apply to a convenor and deputy convenor of a committee.

45.Committee meetings

(1)Sections 543, 544 and 545 of the Act and rules 38, 39, 41, 42 and 43(1) apply to committee meetings.

(2)The minutes of a committee meeting, when signed by the convenor of that meeting or by the chairperson, are prima facie evidence of the matters contained in the minutes.

46.Application of applied provisions

For the purpose of applying the provisions referred to in rules 44(2) and 45(1) —

(a)a reference in those provisions to the Board, is to be read as a reference to the committee; and

(b)a reference in those provisions to the chairperson, is to be read as a reference to the convenor; and

(c)a reference in those provisions to the deputy chairperson, is to be read as a reference to the deputy convenor; and

(d)a reference in those provisions to a member of the Board, is to be read as a reference to a member of the committee.

Part 5  Law Library at Supreme Court

47.Terms used

In this Part —

book includes a document, film, tape, recording, disc or other thing forming part of the contents of the library;

committee means the committee of the Board to which the Board has delegated authority to oversee the management of the library;

librarian means the person employed or appointed to manage the library, or anyone acting in that position, and in rules 51 and 52 includes any staff under the librarian’s supervision;

library means the Law Library at the Supreme Court and the branch of that library at the Central Law Courts.

48.People entitled to use library

(1)The following people may use the library free of charge —

(a)judges and magistrates;

(b)members and officers of State or Commonwealth courts, tribunals, boards or similar bodies;

(c)local legal practitioners;

(d)articled clerks and other persons undertaking approved practical legal training requirements (within the meaning given in section 21 of the Act);

(e)members of Parliament;

(f)members of a department of the staff of Parliament referred to in the Parliamentary and Electorate Staff (Employment) Act 1992;

(g)members of the Police Force;

(h)holders of an office, post or position established under an Act;

(i)public service officers and employees within the meaning given in the Public Sector Management Act 1994;

(j)employees of persons referred to in any of paragraphs (a) to (i) acting in the course of their employment.

(2)Law students may use the library free of charge subject to any restrictions determined by the committee.

(3)The following people may use the library subject to any restrictions, including as to payment of a fee, determined by the committee —

(a)interstate legal practitioners;

(b)Australian‑registered foreign lawyers;

(c)employees of persons referred to in paragraphs (a) or (b) acting in the course of their employment;

(d)litigants in person, and officers and employees of corporate litigants;

(e)any other person, or class of people, determined by the committee.

49.Librarian may suspend or restrict entitlement to use library

(1)If it appears to the librarian that there are sufficient grounds for doing so, the librarian may summarily suspend, or impose restrictions on, a person’s entitlement to use the library for such period as the librarian thinks fit.

(2)The librarian may revoke or alter the terms of a suspension or restriction.

(3)The librarian must notify the committee of any suspension or restriction imposed by the librarian and the revocation or any alteration of it.

(4)The committee may confirm, revoke, or alter the terms of, a suspension or restriction imposed by the librarian.

(5)Whether or not the committee has acted under subrule (4), the Board may confirm, revoke, or alter the terms of, a suspension or restriction imposed by the librarian.

50.Board may suspend or restrict entitlement to use library

(1)If it appears to the Board that there are sufficient grounds for doing so, the Board may suspend, or impose restrictions on, a person’s entitlement to use the library.

(2)The Board may revoke or alter the terms of a suspension or restriction.

51.Use of library and books

(1)If required by the librarian to do so, a person must register with the librarian before using the library or any books.

(2)A person entitled to use the library may do so —

(a)during the library’s opening hours, as determined by the Board; or

(b)at other times by arrangement with the librarian.

(3)A person in the library or using a book must comply with any reasonable direction given by the librarian.

(4)A person who uses a book —

(a)must not mark or damage it; and

(b)must report to the librarian any mark or damage on or to it; and

(c)must not leave it unattended; and

(d)when finished with it, must return it to its proper place in the library or to a place provided by the librarian for the return of books.

(5)A person must not eat, drink or smoke in the library.

(6)A person in the library must open for inspection any bag or other receptacle in the person’s possession at the request of the librarian.

(7)The librarian may open and inspect any bag or other receptacle found unattended in the library.

(8)A person must not obstruct or hinder the librarian in the performance of his or her duties.

52.Borrowing books

(1)A person must not remove a book from the library unless —

(a)it is for use in a hearing in the building in which the library is situated; or

(b)the librarian has authorised the removal of the book.

(2)Subrule (1)(a) does not apply to a book labelled as being not to be removed from the library.

(3)Before removing a book from the library a person must record on a form provided by the librarian —

(a)his or her name; and

(b)his or her office or the name of the firm, department or other body of which he or she is a member, officer or employee; and

(c)the title of the book; and

(d)the date and time.

(4)Unless otherwise authorised by the librarian, a person removing a book from the library for the purposes of a hearing —

(a)must not remove the book more than one hour before the hearing commences; and

(b)must return the book within 30 minutes after the end of the hearing,

and if the hearing continues for more than one day, paragraphs (a) and (b) apply separately for each day.

53.Removal of unauthorised people and retrieval of books

(1)The librarian may exclude or remove from the library a person who appears to the librarian —

(a)not to be entitled to use the library; or

(b)to be in breach of rule 51 or 52.

(2)The librarian may retrieve a book if it appears to the librarian that —

(a)it was removed from the library in breach of rule 52; or

(b)the person who removed it is in breach of rule 51.

Part 6  General matters

54.Documents given to or by Board

(1)Unless the Board has agreed otherwise a document given to the Board for the purposes of these rules is to be —

(a)in writing, signed by the person giving it; and

(b)given by posting or delivering it to the secretary at the offices of the Board.

(2)A notice or document required by these rules to be given by the Board to a person may be given to the person at the person’s address as last known to the Board.

55.Board may excuse non-compliance

If the Board determines that, in a particular case, it is not practicable for a person to comply with any of these rules or that there are other special circumstances, the Board may excuse a person from complying with that rule to the extent and subject to any conditions determined by the Board.

[56.Omitted under the Reprints Act 1984 s. 7(4)(f).]

 

Schedule 1  Fees

[r. 4 and 25]

1.Terms used

In this Schedule —

after the overdue period means the period commencing on the 1 August after the expiry of a local practising certificate, and ending 6 months after the expiry of the local practising certificate;

late fee period means the period prescribed by rule 5(3);

overdue period means the period ending on the 31 July after the expiry of a local practising certificate;

standard fee means $1 000 (before 1 July 2015) or $1 250 (on or after 1 July 2015);

standard renewal period means the period prescribed by rule 5(2).

[Clause 1 amended in Gazette 12 Apr 2011 p. 1311; 12 Dec 2014 p. 4719.]

2.Fees

The fees payable in respect of the matters listed in the Table are the fees specified in the Table.

Table

Rule

Subject matter

Fee

r. 4

Grant of local practising certificate —

 

 

(a)applicant is entitled to a discount under rule 4(2)  —

 

 

(i)application made through website for practising certificate for period ending 30 June 2011



45% of standard fee

 

(ii)application made through website for practising certificate for period commencing on or after 1 July 2011




50% of standard fee

 

(iii)written application

50% of standard fee


(b)applicant not entitled to discount under rule 4(2) —


 

(i)application made through website for practising certificate for period ending 30 June 2011



95% of standard fee

 

(ii)application made through website for practising certificate for period commencing on or after 1 July 2011




standard fee

 

(iii)written application

standard fee

r. 4

Renewal of local practising certificate —

 

 

(a)application made during standard renewal period


standard fee

 

(b)application made during late fee period


125% of standard fee

 

(c)application made under section 44(4) of the Act during the overdue period


150% of standard fee

 

(d)application made under section 44(4) of the Act after the overdue period


200% of standard fee

r. 25

Grant of registration as a foreign lawyer

standard fee

r. 25

Renewal of registration as a foreign lawyer —

 

 

(a)application made before 1 June in the year in which the registration is due to expire



standard fee

 

(b)application made on or after 1 June in the year in which the registration is due to expire



125% of standard fee

[Clause 2 amended in Gazette 12 Apr 2011 p. 1311-13.]

dline

 

Notes

1This reprint is a compilation as at 14 August 2015 of the Legal Profession Rules 2009 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.

Compilation table

Citation

Gazettal

Commencement

Legal Profession Rules 2009

24 Feb 2009 p. 411‑47

r. 1 and 2: 24 Feb 2009 (see r. 2(a));
Rules other than r. 1 and 2: 1 Mar 2009 (see r. 2(b) and Gazette 27 Feb 2009 p. 511)

Legal Profession Amendment Rules 2009

7 Apr 2009 p. 1135‑6

r. 1 and 2: 7 Apr 2009 (see r. 2(a));
Rules other than r. 1 and 2: 8 Apr 2009 (see r. 2(b))

Legal Profession Amendment Rules 2010

26 Oct 2010 p. 5290

r. 1 and 2: 26 Oct 2010 (see r. 2(a));
Rules other than r. 1 and 2: 27 Oct 2010 (see r. 2(b))

Legal Profession Amendment Rules 2011

12 Apr 2011 p. 1311-13

r. 1 and 2: 12 Apr 2011 (see r. 2(a));
Rules other than r. 1 and 2: 13 Apr 2011 (see r. 2(b))

Legal Profession Amendment Rules (No. 2) 2014

12 Dec 2014 p. 4718-19

r. 1 and 2: 12 Dec 2014 (see r. 2(a));
Rules other than r. 1 and 2: 13 Dec 2014 (see r. 2(b))

Legal Profession Amendment Rules 2015

20 Feb 2015 p. 680‑8

r. 1 and 2: 20 Feb 2015 (see r. 2(a));
Rules other than r. 1 and 2: 21 Feb 2015 (see r. 2(b))

Legal Profession Amendment Rules (No. 2) 2015

17 Jul 2015 p. 2884‑7

r. 1 and 2: 17 Jul 2015 (see r. 2(a));
Rules other than r. 1 and 2: 18 Jul 2015 (see r. 2(b))

Reprint 1: The Legal Profession Rules 2009 as at 14 Aug 2015 (includes amendments listed above)

 

 

Defined terms

 

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined termProvision(s)

after the overdue periodSch. 1 cl. 1

ALS19, 24

approved CPD activity7

book47

certificate year8A

chair7

commentator7

committee47

competency area 110(2), 13D(2)

competency area 210(3), 13D(3)

competency area 310(4), 13D(4)

competency area 413D(5)

CPD condition8A, 13A

CPD period13A

CPD point8A, 13A

CPD points13(1A)

electronic activity13A

experienced practitioner10(1)

expiry day5(1)

individual activity8A

interactive activity7

LAC19, 24

late fee periodSch. 1 cl. 1

librarian47

library47

overdue periodSch. 1 cl. 1

presenter7

professional development activity7

provider18(1)

publication activity7

QA provider7

reduce17(1)

remote communication7

response time41(2)(a)(ii)

secretary28

sole practitioner19, 24

standard feeSch. 1 cl. 1

standard renewal periodSch. 1 cl. 1