Legal Services Board
Bodies performing functions under the Act
A number of entities perform functions under the Legal Profession Act 2004 (Vic) (“the Act”). These include the Board, the Legal Services Commissioner, the Council of Legal Education and others.
The Board has a wide range of regulatory functions, a number of which have been delegated to the professional associations in Victoria (the Law Institute of Victoria and the Victorian Bar). Delegated functions are carried out in accordance with any applicable Board policy.
The tables below provide a guide to the bodies that perform functions relating to the legal profession in Victoria.
Board responsibilities
| Function | Who performs this function? |
|---|---|
| Practising certificate matters (grant, renewal, suspension, cancellation) | Delegated to the Victorian Bar (for barristers) Delegated to the Law Institute of Victoria (other practitioners) |
| Maintenance of the register of practitioners and law practices | The Board |
| Local registration of foreign lawyers | The Board |
| Setting professional indemnity insurance requirements | The Board |
| Administration of funds under the Act (including the Public Purpose Fund and the Fidelity Fund) | The Board |
| Determination of claims against the Fidelity Fund | The Board |
| Investigation of claims against the Fidelity Fund | Delegated to the Law Institute of Victoria |
| Trust account investigations | Delegated to the Law Institute of Victoria |
| Trust account approved course | The Board has approved the Law Institute of Victoria course |
| Administration and management of law practice trust accounts | The Board |
| Appointment of external intervention of law practices | The Board |
| Conduct of external intervention of law practices | Persons appointed by the Board |
| Making of legal profession rules |
|
Other key functions under the Act
| Function | Who performs this function? |
|---|---|
| Receipt and management of complaints against lawyers | Legal Services Commissioner |
| Educate the profession about issues of concern to the profession and consumers | Legal Services Commissioner |
| Educate the community about legal issues and the rights and obligations that flow from the client-practitioner relationship | Legal Services Commissioner |
| Admission to the Supreme Court of Victoria | Board of Examiners (considers applications for admission and makes recommendations to the Supreme Court)
Council of Legal Education (responsible for determining training and educational requirements, Admission Rules, making determinations with respect to overseas applicants for admission). |
| Review of administrative decisions under the Act including practising certificate determinations | Victorian Civil and Administrative Tribunal (Legal Practice List) |
| Making of disciplinary orders for unsatisfactory professional conduct or professional misconduct | Victorian Civil and Administrative Tribunal (Legal Practice List) |
| Provision of professional indemnity insurance to law practices | Legal Practitioners Liability Committee |