South Australia
Legal Practitioners (Miscellaneous) Amendment Bill 2019
A Bill For
An Act to amend the Legal Practitioners Act 1981.

Contents
Part 1—Preliminary
1	Short title
2	Commencement
3	Amendment provisions
Part 2—Amendment of Legal Practitioners Act 1981
4	Amendment of section 14AB—Certain matters to be reported by Society
5	Amendment of section 57A—Payment of interest accruing on trust accounts
6	Amendment of section 72—Functions
7	Amendment of section 77N—Investigation of allegation of overcharging
8	Amendment of section 80—Constitution and proceedings of Tribunal
9	Amendment of section 82—Inquiries
10	Insertion of section 95E
95E	Wills register
11	Amendment of Schedule 1—Incorporated legal practices
A1	Interpretation
Schedule 1—Transitional provisions
1	Transitional provisions

The Parliament of South Australia enacts as follows:
Part 1—Preliminary
1—Short title
This Act may be cited as the Legal Practitioners (Miscellaneous) Amendment Act 2019.
2—Commencement
This Act will come into operation on a day to be fixed by proclamation.
3—Amendment provisions
In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Legal Practitioners Act 1981
4—Amendment of section 14AB—Certain matters to be reported by Society
Section 14AB(1)(a)—delete "Schedule 3" and substitute:
Schedule 2
5—Amendment of section 57A—Payment of interest accruing on trust accounts
	(1)	Section 57A(2)(b)—delete "40 per cent" and substitute:
45%
	(2)	Section 57A(2)(c)—delete paragraph (c) and substitute:
	(c)	the remaining 5% of the money may, at the direction of the Attorney-General—
	(i)	also be paid to the Fidelity Fund; or
	(ii)	be paid to a person or persons nominated by the Attorney‑General subject to such conditions as the Attorney‑General directs.
	(3)	Section 57A(5)—delete "subsection (2)(c)" and substitute:
subsection (2)(c)(ii)
6—Amendment of section 72—Functions
Section 72(2)—delete subsection (2) and substitute:
	(2)	The Commissioner may—
	(a)	with the approval of the Attorney‑General, fix, and require the payment of, fees in connection with the performance of functions of the Commissioner under this Act; and
	(b)	waive the payment of, or refund, the whole or part of a fee fixed under paragraph (a).
7—Amendment of section 77N—Investigation of allegation of overcharging
	(1)	Section 77N—after subsection (4) insert:
	(4a)	The Commissioner—
	(a)	may require a complainant to pay the reasonable costs of an assessment by a legal practitioner arranged under subsection (4)(b); and
	(b)	may, if the complaint is upheld, refund those costs to the complainant.
	(2)	Section 77N(7)(a)—delete "$10 000" and substitute:
$50 000
8—Amendment of section 80—Constitution and proceedings of Tribunal
	(1)	Section 80(1b)—after "interlocutory matter" insert:
or an application for an extension of time
	(2)	Section 80—after subsection (1b) insert:
	(1ba)	The Tribunal may, if it thinks fit, hear and determine an application for an extension of time for the laying of a charge when it hears and determines proceedings in relation to the charge.
9—Amendment of section 82—Inquiries
Section 82(2a)—delete subsection (2a) and substitute:
	(2a)	A charge may not be laid before the Tribunal more than 5 years after the day on which the person laying the charge became aware of the conduct to which the charge relates unless—
	(a)	the charge is laid by the Attorney‑General; or
	(b)	the Tribunal allows an extension of time.
10—Insertion of section 95E
After section 95D insert:
95E—Wills register
If a register of wills made in this State is maintained by the Society, a legal practitioner does not breach a duty of confidentiality owed by the practitioner to a client for whom the practitioner has prepared a will merely by publishing on the register, without the client's consent, the name and date of birth of the client or the date of the will, provided that—
	(a)	the will was made before the commencement of this section; and
	(b)	the practitioner has been unable to contact the client despite having taken reasonable steps to do so for the purpose of obtaining the client's consent to publication of the information.
11—Amendment of Schedule 1—Incorporated legal practices
Schedule 1—before clause 1 insert:
A1—Interpretation
In this Schedule—
approved form means a form approved by the Supreme Court.

Schedule 1—Transitional provisions
1—Transitional provisions
	(1)	Section 77N of the Legal Practitioners Act 1981 as amended by section 7 of this Act applies in relation to a complaint of overcharging received by the Legal Profession Conduct Commissioner after the commencement of the amendment irrespective of whether the final bill to which the complaint relates was delivered to the client before or after that commencement.
	(2)	Section 80 of the Legal Practitioners Act 1981 as amended by section 8 of this Act applies in relation to an application for an extension of time heard by the Legal Practitioners Disciplinary Tribunal after the commencement of the amendment irrespective of whether—
	(a)	the charge or charges in relation to which the application is being made were laid before or after that commencement; or
	(b)	the alleged conduct the subject of the charge or charges in relation to which the application is being made occurred before or after that commencement.
	(3)	Section 82 of the Legal Practitioners Act 1981 as amended by section 9 of this Act applies in relation to—
	(a)	a charge laid before the Legal Practitioners Disciplinary Tribunal prior to the commencement of the amendment that has not been finally determined before that commencement; and
	(b)	the laying of a charge before the Legal Practitioners Disciplinary Tribunal following the commencement of the amendment irrespective of whether the alleged conduct to which the charge relates occurred before or after that commencement.