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FACT SHEET
Legal Profession Amendment Bill 2013
The Legal Profession Board of Tasmania is established by the
Legal Profession Act 2007 as the primary regulator of the legal
profession in Tasmania. One of the express powers of the
Board is to advise the Minister on any matter relating to the
Act. Pursuant to this power the Board has recommended a
number of amendments to the Act to clarify and improve its
operation.
The majority of the amendments are of a minor technical
nature.
New provisions are inserted that will allow the Tasmanian Bar
to make rules for legal practitioners practising only as
barristers. This function is presently undertaken by the Law
Society. The Society is happy to have this function transferred.
An appeal to the Supreme Court about a decision of the
Tribunal is presently by way of a hearing de novo � that is a
new hearing. A complete new hearing is onerous on the
parties involved, and incongruous with normal practice on
appeal. The Bill will amend this requirement so that an appeal
is now by way of a re-hearing, meaning that it is a
reconsideration of the evidence already provided to the
Tribunal originally.
Legal stakeholders have been consulted on the proposed
amendments and varying views taken into account in drafting
the Bill. As a result the Law Society and the Tasmanian Bar
have expressed general support for the Bill.