This page contains information for community legal centres (CLCs) about requirements under the Legal Profession Act 2004 (Vic) (“the Act”). See also information for employees and volunteers of CLCs.
A CLC must employ one or more supervising legal practitioners to be responsible for the provision of legal services. The supervising legal practitioner must be an Australian legal practitioner who holds a practising certificate as a principal of a law practice.
The Board of Management of a CLC may temporarily engage one or more supervising legal practitioners for a period not exceeding 12 weeks although a temporary engagement may be extended for a period not exceeding 12 months.
CLCs must notify the Board within 14 days of any change to information recorded on the Register of legal practitioners and law practices, including on commencing to engage in legal practice. The information on the Register includes:
For further information:
The Act requires that CLCs obtain and maintain professional indemnity insurance on terms and conditions approved by the Board. CLCs are not required to obtain and maintain professional indemnity insurance with the Legal Practitioners Liability Committee.
The insurance must be obtained before the centre commences to engage in legal practice in this jurisdiction.
The Act requires that the insurance must cover the civil liability of the community legal centre and each person who is or was a director, employee or contractor of, or a volunteer at, the CLC, in connection with the centre’s legal practice and administration of trusts.
The Board has approved broad terms and conditions of professional indemnity insurance for CLCs under the Act for the year 1 July 2008 – 30 June 2009.
The National Association of Community Legal Centres PII Scheme falls within the terms and conditions approved by the Board.
A centre that holds other professional indemnity insurance should provide a copy of their policy and product disclosure statement to the Board before 30 April each year, to confirm that it is on approved terms and conditions.
A centre that proposes to commence engaging in legal practice in Victoria must also provide a copy of their policy (including schedules) and product disclosure statement to the Board to confirm that it is on approved terms and conditions, or to seek approval for its terms and conditions.
The Board may also exempt a CLC from compliance with the requirements of the Act. See further information regarding exemptions from professional indemnity insurance.
The Act regulates the receipt, handling of and accounting for clients’ money by law practices including CLCs. CLCs are required to adhere to these requirements.
For further information see Trust money and Trust accounts.