2021-22 Members Change of Exemption Sub Regulation

Membership No.*

Practitioner details

Name*

Given Names Surname

Phone*

Mobile

Email*

Enter Email Confirm Email

Have you been admitted to practice in Western Australia?*

Roll Number

Practitioner Admission Number

State*

What State were you admitted?

Notification of Exemption - Change of Sub Regulation of Regulation 97

You must have already submitted a Notification of Exemption for the 2021/22 year and you are now only changing the sub regulation of Regulation 97 due to a change in circumstances. Please note, if you are updating your personal details or employer details ONLY please use the Notification of Exemption - Update of Details form only.

Exemption Regulation*

Please select the regulation you are claiming exemption under. Read the Regulations by clicking here

Date of Exemption will take effect*

Date must be no earlier than 30 June 2021 and no later than 30 June 2022

Exemption Year

2021/22

Additional Comments

Your Employers Details OR Volunteering Organisation OR Not Applicable*

Employer Details or Organisation

(if applicable)

Address*

Street Address Suburb State Post Code

I commenced with the Law Practice in Western Australia on:

New Admittees - I obtained/will obtain my practising certificate on:

Professional Indemnity Insurance

Please attach a copy of your employer's certificate of professional indemnity insurance, policy schedule and the policy wording, i.e.

- Certificate of professional indemnity insurance
- Policy schedule
- Policy wording

Drop files here or

Professional Indemnity Insurance*

Please attach a copy of your employer's certificate of professional indemnity insurance, policy schedule and the policy wording, i.e.

- Certificate of professional indemnity insurance
- Policy schedule
- Policy wording

Drop files here or

Declaration

I declare I have read Regulation 97 of the Legal Profession Regulations 2009 (WA) in entirety and have satisfied myself that I meet the criteria for exemption under Regulation 97(1) (g). I acknowledge that if I practice as a practitioner other than as a partner/employee of the above mentioned Law Practice I will be required to enter into insurance arrangements with Law Mutual (WA) and I undertake to do so. I acknowledge my exemption will expire on the date on which I commence practice otherwise than in accordance with this notification. Should this happen, I will immediately notify Law Mutual (WA).*

I declare and acknowledge

I declare I have read Regulation 97 of the Legal Profession Regulations 2009 (WA) in entirety and have satisfied myself that I meet the criteria for exemption under Regulation 97(1A). I declare and acknowledge that my exemption will expire on the date on which I commence practice otherwise than in accordance with this notification. Should this happen I will immediately submit to Law Mutual (WA) an application for insurance or I will notify Law Mutual (WA) of my continuing exemption.*

I undertake, declare and acknowledge

NOTES:
(i) Any exemption expires at the latest on 30 June 2020. A new notification form must be completed for subsequent years.
(ii) Sub-regulation (b) applies when you are providing legal services to the employees or members of your employer (and your employer is not a legal practice). Sub regulation (c) applies if you are providing legal services to only your employer (and your employer is not a legal practice).
(iii) If sub-regulation (b) is applicable, then you must be covered under your employer’s professional indemnity policy that must be approved by the Law Society of Western Australia. You must provide a copy of the relevant policy with this notification to enable the Law Society to determine if approval should be granted. It is expected that the policy will include the following terms and conditions –
• The policy limit for each and every claim to be not less than that required by the PII arrangement (currently the limit is 2M) and not less than twice that in the aggregate;
• The insuring clause includes cover for claims for civil liability incurred in connection with the legal services provided;
• The policy must be on a “claims made’ basis, covering any claims made and notified during the period of insurance and any claims made after the period of insurance and any claims made after the period of insurance but arising from facts and circumstances notified during the period of insurance;
• The policy must provide retro-active cover preferably to at least the date on which provision of the legal service commenced ; and • The policy must be non-cancellable (by both the insurer and the insured) and must not expire prior to the date that the then current PII arrangement expires (usually the next 30th June). If the policy does allow for cancellation, an undertaking from an authorised officer of the insured that it will not be cancelled will suffice;
• All other terms and conditions should be standard for policies of this type and not enable derogation from the above specific terms and conditions.
(iv) A copy of this form will be provided to the Legal Practice Board of WA, if and when it is requested.
(v) A false declaration in this form may lead to a finding by the Legal Practice Board of WA that a practitioner is not a fit and proper person for the purposes of obtaining or holding a practising certificate

Collection Notice

LAW SOCIETY OF WA (INC) COLLECTION NOTICE: The Society collects the personal information contained in this form pursuant to the provisions of the Privacy Act, 1988 and the Australian Privacy Principles. The information is collected by the Society to enable it to deal with the matters the subject of this form and to provide its services and benefits (and the benefits and services of the Law Council of Australia) to its members and the public. Those services and benefits are set out on the Society’s website (lawsocietywa.asn.au). If the information collected in this form is not provided, the Society may not be able to provide its services as effectively. Individuals who wish to access information held about them, who wish to make any complaints or who wish to obtain details about information which is disclosed by the Society to overseas recipients may do so by accessing the Privacy Collection Notice located on the Society’s website or may contact the Society’s Privacy Officer.

I declare I have read Regulation 97 of the Legal Profession Regulations 2009 (WA) in entirety and have satisfied myself that I meet the criteria for exemption under Regulation 97(1). I declare and acknowledge that my exemption will expire on the date on which I commence practice otherwise than in accordance with this notification. Should this happen I will immediately submit to Law Mutual (WA) an application for insurance or I will notify Law Mutual (WA) of my continuing exemption.*