Our Regulatory Approach
As a designated local regulatory authority under the Legal Profession Uniform Law the Council of the Law Society NSW seeks to further objectives of the Uniform Law to promote the administration of justice and an efficient and effective Australian legal profession . This includes the protection of clients and promoting regulation of the legal profession that is efficient, effective, targeted and proportionate.
The Department has developed and adopted a policy on how it will support the Council of the Law Society of New South Wales (Council) to exercise its regulatory functions.
It is one of a suite of measures to improve transparency around the way the Department undertakes its functions, while at the same time modernising its approach to regulation.
The Statement sets out how the Department will prioritise the objectives set out in the Legal Profession Uniform Law (NSW)(Uniform Law).
While the Department will give effect to all of those objectives, the Statement makes it clear that priority will be given to the protection of clients of law practices and the public, while ensuring the administration of justice is effective and not comprised.
Using a risk based approach, the focus of serious disciplinary action will be where there is a serious risk of harm or actual serious harm (either to clients, the public or the administration of justice).
Importantly, the Statement highlights that the Council will look to use a wide range of the regulatory tools in the Uniform Law to ensure that service and quality to consumers is continually improved.
Alternative approaches under the Uniform Law will be utilised where there is lower risk of harm, and the solicitor has demonstrated insight into the issues, and is willing to learn from potential mistakes.