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Legislative Council - Fifty-Third Parliament, First Session (53-1)
2014-07-01 Daily Xml
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Bills

Statutes Amendment (Legal Practitioners) Bill

Second Reading

Adjourned debate on second reading.

(Continued from 5 June 2014.)

The Hon. S.G. WADE (15:28): As the shadow minister representing the shadow attorney-general in this council, I rise to indicate the support of the Liberal Party for the Statutes Amendment (Legal Practitioners) Bill. The bill seeks to amend the Legal Practitioners Act 1981 to provide clarification, to address some inconsistencies, and to deal with some omissions in the Legal Practitioners (Miscellaneous) Amendment Bill 2013. These issues were identified during the drafting of regulations to support the operation of the act.

The bill also amends the Fair Trading Act 1987. The amendment will clarify that if requested, an itemised bill will be required to be provided by a legal practitioner within 21 days, rather than seven days. The opposition agrees that seven days will often be too short a time period for a legal practitioner to be required to comply with a request, given the complexity of many legal matters. We also note that the 21-day time period is consistent with what is required in New South Wales, Victoria and Western Australia. As I said, the opposition supports the Statutes Amendment (Legal Practitioners) Bill 2014.

The Hon. I.K. HUNTER (Minister for Sustainability, Environment and Conservation, Minister for Water and the River Murray, Minister for Aboriginal Affairs and Reconciliation) (15:30): I thank those members who have contributed to the debate on this bill, and especially those who have indicated support for the bill—not necessarily the same group of people. This bill amends the Legal Practitioners Act 1981 and the Fair Trading Act 1987 to address a number of inconsistencies and oversights in the Legal Practitioners (Miscellaneous) Amendment Act 2013. The amendments are minor in nature and, I understand, not controversial.

Last year, the parliament passed the Legal Practitioners (Miscellaneous) Amendment Act 2013 which, amongst other things, created a new complaints regime for consumers of legal services. Central to the complaints regime was the statutory office of the Legal Profession Conduct Commissioner. That act comes into effect, I am advised, today and is a key component of this government's legal profession reforms.

Principally, the bill clarifies that the cost of the Legal Profession Conduct Commissioner should be met from money in the fidelity fund, which was always the government's intention, I am told. This is consistent with the previous arrangements, which saw the expenses of the Legal Practitioners Conduct Board being met from the Guarantee Fund. The passage of this bill will ensure that the minor technical issues in the Legal Practitioners (Miscellaneous) Amendment Act 2013 are addressed swiftly and will clarify the policy intent of the government.

Bill read a second time.

Committee Stage

In committee.

Clauses 1 to 7 passed.

Clause 8.

The CHAIR: I point out to the committee that this clause, being a money clause, is in erased type. Standing order 298 provides that no question shall be put in committee upon such clause. The message transmitting the bill to the House of Assembly is required to indicate that this clause is deemed necessary to the bill.

Remaining clause (9), schedule and title passed.

Bill reported without amendment.

Third Reading

The Hon. I.K. HUNTER (Minister for Sustainability, Environment and Conservation, Minister for Water and the River Murray, Minister for Aboriginal Affairs and Reconciliation) (15:33): I move:

That this bill be now read a third time.

Bill read a third time and passed.

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