As of 1 July 2021, Western Australia joined the hitherto NSW & Victorian uniform law initiative. I’m aware that is a particularly ‘lawyers only’ issue – but some tax advisers are lawyers. And, it may not look that significant either – and perhaps it’s not. Still, it is a significant move towards other states and territories joining, to have a truly national regulation of lawyers, in Australia.
Covering this, the Victorian Legal Services Board’s CEO wrote – I recently had the pleasure of attending a Legal Profession Uniform Law summit and dinner hosted by the Legal Services Council in Perth to celebrate Western Australia joining the Legal Profession Uniform Law scheme from the start of July. There was a great deal of excitement in the room about this new chapter in the Legal Profession Uniform Law and I was happy to join my regulatory colleagues in NSW in warmly welcoming WA into the Uniform Law family.
This is a significant milestone, with all lawyers in Victoria, New South Wales and Western Australia now under the same regulatory framework – representing about 75 per cent of the legal profession in Australia. It’s also an important step towards the goal of Australia having a national legal profession, operating under a national regulatory regime.
The Uniform Law scheme came into effect in Victoria and NSW on 1 July 2015, with WA signing an agreement to join in 2019. It harmonises regulation of the legal profession, cuts red tape and creates a single system to govern legal practice.
Specific benefits include a reduction in compliance costs for law practices operating across participating jurisdictions, thanks to a simpler legal framework and standardisation of regulatory obligations. Lawyers are also able to practise across state boundaries under uniform legislation and regulatory standards.
From a regulatory perspective, multiple jurisdictions operating under the same scheme provides a range of voices and views turning their minds to the most effective way to regulate. It also improves data sharing between jurisdictions, allowing for broader analysis of trends in the profession and monitoring of the most effective regulatory approaches. The recent summit in Perth was a good opportunity for me to share my priorities and, in turn, hear directly from our interstate colleagues about the challenges facing lawyers in WA and NSW. Unsurprisingly, many of the issues are shared, giving us scope to work together on potential solutions.
Benefits extend beyond legal professionals and regulators, as the scheme allows for consistent and robust protections for consumers of legal services. The Uniform Law increases consistency and creates clarity for consumers about what good lawyering looks like and what they can expect from Australian lawyers. Clients of law practices are empowered to make informed choices about costs and their legal options.
WA joining is a great outcome. It further extends the reach of the overarching objective of the Uniform Law – to promote the administration of justice and an efficient and effective Australian legal profession.
Fiona McLeay
Board CEO and Commissioner
[VLSB website – WA Article]
[Tax Month – August 2022 – Previous Month, 16.8.22]