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Lawyers to be relieved of regulatory burdens

user iconLawyers Weekly 15 October 2010 NewLaw

A report released by the Productivity Commission this week has identified ways to reduce regulatory burdens on the legal profession.The Productivity Commission's Annual Review of Regulatory…

A report released by the Productivity Commission this week has identified ways to reduce regulatory burdens on the legal profession.

The Productivity Commission's Annual Review of Regulatory Burdens on Business: Business and Consumer Services Sector has called for an end to duplication, overlaps and inconsistency in the regulation of certain occupations.

In its recommendations, the Commission highlighted the need for an end to the "dual regulation" of lawyers that practice in the area of migration law, by exempting those with a current legal practising certificate from the regulatory requirements of the Migration Agents Registration Scheme.

Harmonising personal and corporate insolvency laws was also put forward, along with developing uniform real property laws for adoption in all Australian jurisdictions - to be overseen by COAG's Business Regulation and Competition Working Group.

"Notwithstanding some progress, we still find duplication and inconsistency of regulations between different jurisdictions of Australia's federation that are hard to justify," said Commissioner Louise Sylvan. "These include those regulations applying to migration lawyers, architects and property laws. These and other examples add to similar jurisdictional inconsistencies found in previous reviews."

Sylvan said removing or reducing such inconsistencies will reduce business costs and increase the scope for better, cheaper services for the community.

The Commission's final report follows a draft report released for public comment at the end of June 2010.

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