The Legal Profession Uniform Law is template legislation intended to be implemented in multiple states and territories in the same form. Victoria will act as "host jurisdiction" by being the first state or territory to pass the Uniform Law. Other participating states and territories will then "apply" the law of the "host jurisdiction" as a law of their own jurisdiction. Normally, the Charter of Human Rights and Responsibilities Act 2006 would apply to the Legal Profession Uniform Law as an Act of Victoria. However, because of the nature of the national scheme in which this Bill operates and the need for inter-jurisdictional consistency, and in order to prevent the extra-jurisdictional application of the Charter of Human it is necessary to Rights and Responsibilities Act 2006, specifically provide for its exclusion from the Uniform Law. The purpose of the override clause is also to avoid the inconsistency that may arise if inter-jurisdictional bodies established under the Uniform Law, as well as regulatory bodies in other participating states or territories performing Uniform Law functions, are required to act compatibly with the Charter Act despite having no experience with its requirements. If the Charter Act were only partly excluded, so that it continued to apply in the Victorian context, there is a further risk that inconsistencies could arise in the interpretation and implementation of the Uniform Law between Victoria and other participating states and territories. Clause 7 While clause 5 disapplies the Subordinate Legislation Act this clause provides that sections 15(1) and Part 5 (except 1994, for sections 21(1)(ha) and (j)) apply to the Uniform Regulations as if those regulations were statutory rules within the meaning of that Act. Section 15(1) of the Subordinate Legislation Act 1994 requires that a statutory rule be laid before each House of Parliament. Part 5 of that Act provides for the suspension or disallowance of statutory rules in certain circumstances. Therefore the Uniform Regulations are subject to the tabling requirements in Victoria, and the suspension and disallowance process. Subclause (2) provides that if, as a result of this process, a Uniform Regulation is disallowed (in whole or in part) the disallowed regulation or part does not cease to have effect in
The Legal Profession Uniform Law is template legislation intended to be implemented in multiple states and territories in the same form. Victoria will act as "host jurisdiction" by being the first state or territory to pass the Uniform Law. Other participating states and territories will then "apply" the law of the "host jurisdiction" as a law of their own jurisdiction. Normally, the Charter of Human Rights and Responsibilities Act 2006 would apply to the Legal Profession Uniform Law as an Act of Victoria. However, because of the nature of the national scheme in which this Bill operates and the need for inter-jurisdictional consistency, and in order to prevent the extra-jurisdictional application of the Charter of Human Rights and Responsibilities Act 2006, it is necessary to specifically provide for its exclusion from the Uniform Law. The purpose of the override clause is also to avoid the inconsistency that may arise if inter-jurisdictional bodies established under the Uniform Law, as well as regulatory bodies in other participating states or territories performing Uniform Law functions, are required to act compatibly with the Charter Act despite having no experience with its requirements. If the Charter Act were only partly excluded, so that it continued to apply in the Victorian context, there is a further risk that inconsistencies could arise in the interpretation and implementation of the Uniform Law between Victoria and other participating states and territories. Clause 7 While clause 5 disapplies the Subordinate Legislation Act 1994, this clause provides that sections 15(1) and Part 5 (except for sections 21(1)(ha) and (j)) apply to the Uniform Regulations as if those regulations were statutory rules within the meaning of that Act. Section 15(1) of the Subordinate Legislation Act 1994 requires that a statutory rule be laid before each House of Parliament. Part 5 of that Act provides for the suspension or disallowance of statutory rules in certain circumstances. Therefore the Uniform Regulations are subject to the tabling requirements in Victoria, and the suspension and disallowance process. Subclause (2) provides that if, as a result of this process, a Uniform Regulation is disallowed (in whole or in part) the disallowed regulation or part does not cease to have effect in
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