LEGAL PROFESSION ACT 2006 - SECT 549 Compensation for exercise of enforcement powers

LEGAL PROFESSION ACT 2006 - SECT 549

    (1)     A person may claim compensation from the relevant council if the person suffers loss or damage because of conduct of an investigator—

        (a)     in the exercise or purported exercise of a function under this part; and

        (b)     that is unlawful or unreasonable.

    (2)     Compensation may be claimed and ordered in a proceeding for—

        (a)     compensation brought in a court of competent jurisdiction; or

        (b)     an offence against this Act brought against the person making the claim for compensation.

    (3)     A court may order the payment of reasonable compensation for the loss or expense only if satisfied it is just to make the order in the circumstances of the particular case.

    (4)     A regulation may prescribe matters that may, must or must not be taken into account by the court in considering whether it is just to make the order.

    (5)     In this section:

"conduct" means an act or omission to do an act.