National Legal Profession Reform Project
The National Legal Profession Reform (NLPR) Project is an initiative of the Council of Australian Governments (COAG). The project has significant implications for the regulation of the profession.
Members of the Profession are invited to contact the Society with any
questions, queries or comments they may have in relation to the process
and the proposed legislation. Please click
here to send any response
you might have.
The Federal Attorney-General's office has released its package of
materials related to the National Legal Profession Reform. There is
a 3 month consultation period, ending 13 August 2010.
The package includes:
The submission which has been made to the Law Council of
Australia by this Society is
attached. In addition to this
submission, the Society will also be providing a detailed report
on technical matters, legislative drafting issues and other
"micro" concerns. The Society has reserved its right to
submit a separate response to the Taskforce should its position
on any substantive matter be inconsistent with that of the Law
Council.
The submission was drafted by its "Act as a Whole" Sub-Committee
of Council and settled by the Executive Committee at its meeting
on Monday, 28 June 2010.
The drafting of that response would not have been possible
without the significant input of all of the Sub-Committees of
Council which were established for this purpose. The
composition of each Sub-Committee and the Terms of Reference of
each are shown below:-
|
Act as a Whole |
Ralph Bönig (Chair)
Morry Bailes
Richard Mellows
Jan Martin
Stephen Hodder
|
This Sub-Committee will have two responsibilities:
§
The first of these will be to pull
together each of the responses of the other sub-committees
into a consolidated draft response, having regard to
identifying and dealing with any overlap or inconsistencies
and
§
Secondly, it will have the
responsibility of considering the impact of the draft
legislation on the Society itself, having regard to
identifying matters such as:-
v
Income and costs recoupment
v
Administration fees
v
Loss of relevance as a result of any
reduced role including membership pricing
v
Financial implications as a result of
loss of any role such as management of the Guarantee Fund,
professional standards, Law Claims and PIIF, issue of
practising certificates and the like
v
Space and staffing requirements
with a view to the preparation of a summary thereof for
consideration as part of the Society’s response and
highlighting implications for later consideration by the
Executive Committee. (That is, whilst not the role of this
sub-committee to take such action or make decisions, it will
have the role of highlighting any such concerns and their
potential impact). |
|
Admissions |
Rocky Perrotta (Chair)
David Bamford
Kim Eldridge
John White
Jan Martin
David Milne |
To review the entire Bill
for implications in respect of Admissions.
Compare the Bill with the existing legislation.
Prepare a cross-referenced summary of issues and draft
comments for inclusion in the response of the Society.
|
|
Business Structures |
James Jarvis (Chair)
Manik Meah
Tim Mellor
Libby Bishop
David Milne
|
To review the entire Bill
for implications in respect of Business Structures.
Compare the Bill with the existing legislation.
Prepare a cross-referenced summary of issues and draft
comments for inclusion in the response of the Society.
The main focus of this Sub-Committee will be to look at issues
associated with MDP’s and ILP’s.
This Sub-Committee will also need to identify the requirements
within the Bill which might affect (positively or
negatively) the costs of practice. |
|
Complaints and Discipline |
Dami Sheldon (Chair)
Jane Schammer
Philippa Branson
Sue Bishop
|
To review the entire Bill
for implications in respect of Complaints and Discipline
Compare the Bill with the existing legislation.
Prepare a cross-referenced summary of issues and draft
comments for inclusion in the response of the Society.
This Sub-Committee will deal with the issues associated with
complaints handling, separation as between Trust Account,
fee, conduct and consumer complaints, responsibility at
state level, roles of the various agencies in relation to
complaints, discipline, committee powers and roles, the role
of the Courts in the complaints and discipline process. |
|
Costs and Retainer
Agreements
|
Jan Martin (Chair)
Michael Janus
Kate Henning
Philippa Branson
Sue Bishop |
To review the entire Bill
for implications in respect of Costs.
Compare the Bill with the existing legislation.
Prepare a cross-referenced summary of issues and draft
comments for inclusion in the response of the Society.
|
|
Fidelity Funds
|
John Goldberg (Chair)
Jane Schammer (Dep)
Libby Bishop
Sue Bishop
David Milne |
To review the entire Bill
for implications in respect of Fidelity Funds.
Compare the Bill with the existing legislation.
Prepare a cross-referenced summary of issues and draft
comments for inclusion in the response of the Society.
|
|
Professional Indemnity
Insurance |
John White (Chair)
Ralph Bönig
Grant Mitchell
Libby Bishop
David Milne
Geoff Thomas |
To review the entire Bill
for implications in respect of Professional Indemnity
Insurance.
Compare the Bill with the existing legislation.
Prepare a cross-referenced summary of issues and draft
comments for inclusion in the response of the Society.
|
|
Regulatory Framework |
Morry Bailes (Chair)
Richard Mellows
Ralph Bönig
Rocky Perrotta
Jan Martin
Stephen Hodder
Philippa Branson
|
To review the entire Bill
for implications in respect of Regulatory Framework.
Compare the Bill with the existing legislation.
Prepare a cross-referenced summary of issues and draft
comments for inclusion in the response of the Society.
This Sub-Committee will deal with the issues and repercussions
such as the appointment (if any) of an Ombudsman,
justification for that additional layer and the associated
costs, the role of the Board and its composition, how the
Board members are to be appointed and by whom, independence
of the profession (noting a Government appointed body will
lead to Government control), consistency between the states,
role of the Society in relation to regulation, whether there
will be Rules or Regulations (and who will have the ability
to change them), how, and what consultation will be
involved. |
|
Trust Accounting |
John Goldberg (Chair)
Jan Martin
Philippa Branson
Sue Bishop
David Milne |
To review the entire Bill
for implications in respect of Trust Accounting.
Compare the Bill with the existing legislation.
Prepare a cross-referenced summary of issues and draft
comments for inclusion in the response of the Society.
|
|
Comparison of current and
proposed legislation |
Lorna Hartwell
Sue Bishop
|
The role of this Sub-Committee will be to undertake a “side by
side” comparison of the existing legislation and the Bill to
identify any provisions in the existing legislation (such as
the Litigation Assistance Fund) which are not otherwise
dealt with by the areas covered by the other sub-groups. |
On behalf of the profession, the Society extends its sincere
appreciation to each of the Sub-Committee Chairs and members for
their generosity in relation this significant and time consuming
task.
Prior to the release of the package, the Taskforce had released a number of papers. The Society's responses to the papers, and the responses of the "K8" group, being the members of the Consultative Group who represent various State and Territory Societies and Bars, are available via the links below:
Taskforce Paper - "The Regulatory Framework: A National Legal Profession" - 16 September 2009
Response of the Law Society of South Australia
Response of the K8 Group
Taskforce paper - "National Legal Services Ombudsman" - 30 October 2009
Response of the Law Society of South Australia
Response of the K8 Group
Taskforce Paper - "Legal Costs" - 4 November 2009
Response of the Law Society of South Australia
Response of the K8 Group
Supplementary response of the K8 Group
Taskforce Paper - "Professional Indemnity Insurance" - 11 November 2009
Response of the Law Society of South Australia
Taskforce paper - "Business Structures - 'Law practices'" - 25 November 2009
Response of the Law Society of South Australia
Response of the K8 Group
Taskforce paper - "Trust Money and Trust Accounting" - 3 December 2009
Response of the Law Society of South Australia
Response of the K8 Group
Taskforce Paper - "Fidelity Cover" - 11 December 2009
Response of the Law Society of South Australia
Response of the K8 Group
Additional documents
Letter from the Chief Justice of the High Court to the Chair of the Taskforce - 6 November 2009
Letter from the Chief Justice of the Supreme Court of NSW to the President of the Law Council - 13 November 2009
Letter from the Chair of Taskforce to the Chair of the Consultative - 11 December 2009
President's letter to the Profession - 12 January 2010
Letter of the Legal Practitioners Registrar to the Chair of the Taskforce - 20 January 2010
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