Western Australian Numbered Acts Western Australian Numbered Acts After section 97H
insert:
In this
Part —
industrial advocacy services means —
(a)
appearing for a party, person or body as an agent under section 31, 81E
or 91; or
(b)
providing advice or other services in relation to industrial matters;
prescribed means prescribed by regulations made
under section 97N;
registered industrial agent means a person
registered as an industrial agent under regulations made under
section 97N.
(1) A person must not
carry on business providing industrial advocacy services, or represent that
the person is carrying on business providing industrial advocacy services,
unless the person is a registered industrial agent or a legal practitioner.
(2) A person who
carries on business providing industrial advocacy services must not permit an
officer or employee of the person to provide industrial advocacy services
unless the officer or employee is a registered industrial agent or a legal
practitioner.
(3) A contravention of
subsection (1) or (2) is not an offence but those subsections are civil
penalty provisions for the purposes of section 83E.
(4)
Subsections (1) and (2) do not apply to any of the following —
(a) an
organisation, UnionsWA or the Chamber;
(b) an
officer or employee of an organisation, UnionsWA or the Chamber performing the
officer’s or employee’s functions;
(c) a
public sector body, local government or regional local government;
(d) an
employee of a public sector body, local government or regional local
government performing the employee’s functions;
(e) a
person who acts as a bargaining agent as provided in section 42B, 97UJ or
97WJ.
97K. Authorisation for Legal Profession Uniform
Law (WA)
(1) Despite the Legal
Profession Uniform Law (WA) section 10, the following persons are
authorised to provide industrial advocacy services —
(a) a
registered industrial agent;
(b) an
officer or employee of an organisation, UnionsWA, the Chamber or a prescribed
body performing the officer’s or employee’s functions;
(c) an
employee of a public sector body, local government or regional local
government performing the employee’s functions.
(2)
Subsection (1) does not apply to a person who is disqualified from legal
practice.
(3) A person is
disqualified from legal practice if —
(a) the
person is a disqualified person as defined in the Legal Profession Uniform Law
(WA) section 6(1); or
(b) the
person’s Australian practising certificate is varied in a way that
adversely affects the person’s entitlement to engage in legal practice
under the Law; or
(c) the
person’s name has been removed from an official roll of lawyers (whether
admitted, practising or otherwise) kept in a foreign country.
(4) Despite
subsection (3)(a), a person is not disqualified from legal practice if
the person’s Australian practising certificate is suspended or has been
cancelled (and not replaced by the grant of a later Australian practising
certificate) other than because of action taken —
(a)
under the Legal Profession Uniform Law (WA) by a designated local regulatory
authority, designated tribunal or a court; or
(b)
under a corresponding law by a corresponding authority.
(5) In
subsections (3) and (4), each of the following terms has the meaning
given in the Legal Profession Uniform Law (WA) section 6(1) —
Australian practising certificate
corresponding authority
corresponding law
designated local regulatory authority
designated tribunal
engage in legal practice
97L. Eligibility for registration as industrial
agent
(1) A person is
eligible for registration as an industrial agent if —
(a) the
person meets the prescribed criteria for registration; and
(b) the
person is not disqualified under this Act from applying for registration, or
being registered, as an industrial agent.
(2) A person is
disqualified from being registered as an industrial agent if the person is
disqualified from legal practice as specified in section 97K(3).
(3) Regulations made
under section 97N may prescribe other matters that disqualify a person
from being registered as an industrial agent.
97M. Professional indemnity insurance
(1) A person is not
eligible to be registered as an industrial agent unless the person can
demonstrate that —
(a) the
person has, or on registration will have, professional indemnity insurance
that complies with the prescribed requirements; or
(b) the
person is an officer or employee of a registered industrial agent.
(2) A registered
industrial agent must maintain professional indemnity insurance that complies
with the prescribed requirements.
(3)
Subsection (2) does not apply to a registered industrial agent who is an
officer or employee of another registered industrial agent.
(4) A contravention of
subsection (2) is not an offence but that subsection is a civil penalty
provision for the purposes of section 83E.
97N. Regulations may provide for registration
(1) The Governor may
make regulations —
(a) to
provide for a scheme of registration of persons as industrial agents; and
(b) that
are required or permitted to be made, or necessary or convenient, for giving
effect to the scheme.
(2) Without limiting
subsection (1), regulations may provide for the following —
(a) the
process for registration, including applying for registration and the renewal
of registration and assessing applications;
(b)
qualifications, experience and other criteria for registration;
(c)
imposing conditions or restrictions on registration;
(d)
disqualification from registration;
(e)
requirements that apply to professional indemnity insurance;
(f)
fees.
97O. Disciplinary inquiry by Registrar
(1) The Registrar may
inquire into the conduct of a registered industrial agent to determine whether
there are grounds for disciplinary action against the industrial agent.
(2) There are grounds
for disciplinary action against a registered industrial agent if —
(a) the
industrial agent’s registration was improperly obtained; or
(b) the
industrial agent has contravened —
(i)
a provision of this Act; or
(ii)
a condition or restriction of the industrial
agent’s registration;
or
(c) the
industrial agent has done or omitted to do something, or engaged in conduct,
that makes the person unfit to be a registered industrial agent; or
(d) the
industrial agent has engaged in conduct as a registered industrial agent that
falls short of the standard of competence and diligence that a member of the
public is entitled to expect of a reasonably competent registered industrial
agent.
(3) For the purposes
of conducting an inquiry under subsection (1), the Registrar or a
delegate of the Registrar is an authorised person within the meaning of that
term in Schedule 5.
(4) If, on completion
of the inquiry, the Registrar is satisfied there are grounds for disciplinary
action against the registered industrial agent, the Registrar must refer the
matter to the Full Bench to hear and determine.
97P. Disciplinary action by Full Bench
(1) If the Full Bench
hears a matter referred to it under section 97O(4) and determines there
are grounds for disciplinary action against a registered industrial agent, the
Full Bench may do 1 or more of the following —
(a)
decline to make an order;
(b)
caution or reprimand the industrial agent;
(c)
impose a condition or restriction on the registration of the industrial agent
or amend an existing condition or restriction;
(d)
impose a penalty of an amount it considers just, but not exceeding
$13 000;
(e)
order that the registration of the industrial agent be suspended for a period,
not exceeding 12 months, specified in the order;
(f)
order that the industrial agent’s registration be cancelled.
(2) In
subsection (1) —
grounds for disciplinary action means the grounds
for disciplinary action stated in section 97O(2).