Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008

Reporting and certification

11.4

A lawyer designated under rule 11.3 must notify the Law Society, within 14 days, if any person is issued a written warning or dismissed by the law practice for conduct that amounts to 1 or more of the following:

(a)

bullying:

(b)

discrimination:

(c)

harassment:

(d)

racial harassment:

(e)

sexual harassment:

(f)

theft:

(g)

violence.

11.4.1

A lawyer designated under rule 11.3 must notify the Law Society, within 14 days, if—

(a)

any person leaves the law practice; and

(b)

within the 12 months before the person’s leaving, the law practice had advised that person that it was dissatisfied with, or intended to investigate, their conduct in relation to any of the types of conduct referred to in rule 11.4.

11.4.2

Rule 11.4.1 does not apply to circumstances where the investigation has been concluded and there were no grounds to report the matter under rule 2.8 or 11.4.

11.4.3

A report submitted under rules 11.4 and 11.4.1 must—

(a)

be in written form; and

(b)

identify—

(i)

the person making the report; and

(ii)

the person or persons to whom the report relates; and

(c)

specify details of the alleged conduct; and

(d)

be supported by any appropriate documentation held by or available to the person making the report.

11.4.4

A lawyer designated under rule 11.3 must certify to the Law Society annually, by a date prescribed by the Law Society, whether—

(a)

the law practice has complied with all of the mandatory reporting obligations imposed under the Lawyers and Conveyancers Act 2006; and

(b)

the law practice has policies and systems in place as set out in rule 11.2 and is complying with its obligations under the Health and Safety at Work Act 2015; and

(c)

the designated lawyer has complied with rule 11.4.

11.4.5

For the purposes of this rule, person includes any lawyer or any other person who ceases to perform legal or non-legal services for the law practice, including after the termination or expiry of a fixed-term contract, resignation, or otherwise.

Schedule rule 11.4: replaced, on 1 July 2021, by rule 8 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Amendment Rules 2021 (LI 2021/61).