Northern Territory Consolidated Acts

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LEGAL PROFESSION ACT 2006 - SECT 379

Giving information to Law Society for insurance

    (1)     For providing professional indemnity insurance, the chief executive officer of the Law Society may, by written notice, require a law practice to give the chief executive officer or an insurer or other person with whom an agreement or arrangement is entered under section 378 specified information within a specified reasonable time about:

        (a)     the number of people the law practice employs or formerly employed; and

        (b)     the duties performed by each of those people; and

        (c)     the gross income received by the law practice from fees in a specified period; and

        (d)     any claims made against the law practice in relation to any alleged civil liability arising from:

            (i)     the practice or former practice of the law practice; or

            (ii)     the administration of any trust or deceased estate of which the law practice is, or formerly was, a trustee, executor or administrator; or

        (e)     anything else prescribed by the regulations or legal profession rules.

    (2)     If a law practice that is an Australian legal practitioner who is a sole practitioner, or an incorporated legal practice, fails to comply with the requirement, the practitioner or practice is guilty of an offence.

Maximum penalty:     100 penalty units.

    (3)     If a law practice that is a law firm or multi-disciplinary partnership fails to comply with the requirement, each principal of the practice is guilty of an offence.

Maximum penalty:     100 penalty units.

    (4)     It is a defence to a prosecution for an offence against subsection (2) or (3) if the practitioner, practice or principal has a reasonable excuse.

    (5)     The chief executive officer of the Society is guilty of an offence if the chief executive officer:

        (a)     discloses information given under subsection (1) ( protected information ) to someone else; or

        (b)     does something that discloses protected information to someone else and is reckless about whether:

            (i)     the information is protected information; or

            (ii)     doing the thing would result in the information being disclosed.

Maximum penalty:     400 penalty units or imprisonment for 2 years.

    (6)     Subsection (5) does not apply to the disclosure of information:

        (a)     necessary for arranging professional indemnity insurance to law practices; or

        (b)     to an insurer or other person with whom an agreement or arrangement is entered under section 378; or

        (c)     with the prior consent in writing of the law practice; or

        (d)     to a court or tribunal in the course of legal proceedings; or

        (e)     under an order of a court or tribunal under another Act or law; or

        (f)     to the extent the disclosure is reasonably required to enable the enforcement or investigation of the criminal law.



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