Western Australian Numbered Acts Western Australian Numbered Acts (1) An articled clerk
must not, except with the written consent of the legal practitioner with whom
the articles are served, hold any office or undertake any employment other
than —
(a) as
an articled clerk to the legal practitioner with whom the articles are served
for the time being; or
(b) in
the capacity of an articled clerk to —
(i)
a legal practitioner who is a partner of the
legal practitioner with whom the articles are served for the time being; or
(ii)
a legal practitioner director who is a legal practitioner
director of the same incorporated legal practice as the legal practitioner
director with whom the articles are served for the time being.
(2) An articled clerk
must file any consent given to that articled clerk under subsection (1)
with the Board within 14 days of the consent being given.
(3) Subject to
subsection (5) the written consent of a legal practitioner must not be
given to an articled clerk unless the hours of such other office or employment
are outside working hours.
(4) In
subsection (3) —
“working hours” means the hours
between 9 a.m. and 5 p.m. on those week days (excluding Saturdays, Sundays and
public holidays) when the offices of legal practitioners are normally open to
the public.
(5) If, in the opinion
of the Board, there are special circumstances the Board may determine that
subsection (3) does not apply in relation to an articled clerk.
(6) The Board must not
make a determination under subsection (5) without the consent of the
legal practitioner to whom the articled clerk is articled.
(7) A determination
under subsection (5) may be made conditional upon such requirements as
the Board thinks fit and may include a requirement that the period of service
under articles of clerkship be extended.
(8) If a
legal practitioner refuses to give consent under subsection (1)
or (6) the articled clerk may appeal to the Board.