Law Mutual (WA) Notification of Exemption

From 1 July 2016, the notification of a legal practitioner’s claim for exemption from Law Mutual (WA)’s compulsory Professional Indemnity Insurance arrangements is to be submitted to the Law Society of Western Australia. All notifications must be made through the form below.

A new administration levy of $75 (inc GST) is payable for each exemption notification and will apply to non-members of the Law Society*.

*Law Society members and legal practitioners notifying of an exemption under Regulation 97(1)(e) Community Legal Centre or 97(1)(h) Pro Bono will have this levy waived.

Legal practitioners notifying on an exemption for 2017/18 should complete this form before Monday, 15 May 2017.

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Law Practices Exemption form
Legal Profession Regulations – Reg 97

Practitioner details
Name*
Given Names Surname
Phone*
Mobile
Email*
Are you a Law Society member?*
Law Society Member Number*
Please check Friday Facts or call (08) 9324 8600 if you do not know your membership number
Have you been admitted to practice in Western Australia?*
Roll Number
Practitioner Admission Number
State*
What State were you admitted?
Notification of exemption or change of details
Is this a notification of exemption or are you changing your details?*
You must complete a Notification of Exemption form each year. If you have already completed the Notification and need to change your details please select change of details option below. Please note, if you are changing the Exemption Regulation category or submitting the form for the first time this year please select Notification of Exemption
Exemption Regulation*
Please select the regulation you are claiming exemption under. Read the Regulations at http://www5.austlii.edu.au/au/legis/wa/consol_reg/lpr2009288/s97.html
Date exemption will take effect*
Please note: This date should be within 30/6/16 to 30/6/17 if you are applying for exemption in 2016/17. If you are claiming exemption in 2017/18 this date should be within 30/6/17 to 30/06/18.
Date change of details will take effect*
Please note: This date should be within 30/6/16 to 30/6/17 if you are applying for exemption in 2016/17. If you are claiming exemption in 2017/18 this date should be within 30/6/17 to 30/06/18
Exemption Year*
Other Comments
Employer Details
Employer
(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 Professional Indemnity Insurance
Drop files here or
Declaration
Declaration*
I declare that I will not be practitising law in Australia for the Period set out above.
I undertake to immediately notify Law Mutual (WA) should my circumstances change.
- I declare
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
Declaration*
If I am an employee, I undertake not to practice as a legal practitioner other than in the course of my employment with the employer named above.
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.
- I undertake, declare and acknowledge
NOTES:
(i) Any exemption expires at the latest on 30 June 2018. 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.

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Practitioner details

Notification of exemption or change of details

Employer Details

Declaration

Collection Notice

The Law Society of Western Australia

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