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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