QLS Policies and Guidelines on regulatory matters

ILP legal practitioner director appointments

These guidelines relate to the content for applications to appoint a legal practitioner director to an Incorporated Legal Practice – s119(5) Legal Profession Act 2007

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Exemption from or reduction of supervised legal practice

Guidance on, and outlines the conditions under which, QLS will grant an exemption from, or reduce the relevant period relating to the statutory condition of supervised legal practice on a local practising certificate in accordance with s56(3) of the Legal Profession Act 2007.

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Disqualified lay associates

A law practice must not employ a disqualified lay associate without consent of the Council. An offence against s26 of the Legal Profession Act 2007 carries a maximum penalty of 200 penalty units ($15,000), so it is imperative that law practices take appropriate action to ensure they do not contravene the Act.

Guidelines for employing disqualified or convicted persons and for making applications to the Law Society for approval to employ disqualified and convicted persons are available.

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Mental Health Policy

This policy sets out the QLS's approach to solicitors with mental health issues.  The purpose of this policy is to encourage such solicitors to voluntarily seek appropriate treatment and to only require disclosure where there is a material mental impairment that affects the solicitor’s capacity to engage in legal practice.

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Failure of a Law Practice to meet Tax and Superannuation Obligations

This policy sets out QLS's position regarding law practices which have failed to meet obligations pursuant to the Taxation Administration Act 1953 and the A New Tax System (Goods and Services Tax) Act 1999, specifically the obligations of and inherent in a Business Activity Statement and Instalment Activity Statement and obligations pursuant to the Superannuation Guarantee (Administration) Act 1992 and the Superannuation Guarantee Charge Act 1992.

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Insolvent practitioners

These guidelines contains considerations for QLS's Council in exercising its discretionary powers pursuant to the Legal Profession Act 2007 (‘the Act’) in relation to insolvent practitioners. They are guidelines only.

Regard must be had to the circumstances of each case. Practitioners should be aware of their obligations upon becoming an insolvent under administration as set out in ss67 and 68 of the Act.

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Show Cause Procedure

This document sets out the Society’s procedure after it receives notice from a legal practitioner to whom it has issued a current practising certificate (certificate holder), under s57 of the Legal Profession Act 2007 that they have been charged with a serious offence to ensure the Society keeps under consideration the fitness to practice of the certificate holder up to the determination of the charges.

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