New South Wales Consolidated Acts

LEGAL PROFESSION ACT 2004 - SECT 573

573 Making of compensation orders

(1) If the Tribunal has found that an Australian legal practitioner has engaged in unsatisfactory professional conduct or professional misconduct in relation to a complaint, the Tribunal may:

(a) make a compensation order, or

(b) refer the matter to the Commissioner for the making of a compensation order.

(2) The Commissioner may make a compensation order if the Tribunal has referred the matter to the Commissioner for the making of a compensation order. A compensation order made under this subsection is taken to have been made by the Tribunal for the purposes of section 606 (Appeals against orders and decisions of Tribunal).

(3) The Commissioner or relevant Council may:

(a) where proceedings are not proposed to be commenced in the Tribunal with respect to the complaint concerned-make a compensation order referred to in:

(i) section 539 or 540 (in the case of the Commissioner or Council), or

(ii) section 545 (in the case of the Commissioner), or

(b) where proceedings are proposed to be commenced in the Tribunal with respect to the complaint concerned-make a compensation order before the proceedings are commenced, if the Commissioner or Council is satisfied that the Australian legal practitioner against whom the complaint is made is likely to be found to have engaged in unsatisfactory professional conduct or professional misconduct.

(4) To avoid any doubt, subsection (3) (b) extends to the making of a compensation order referred to in section 545, where proceedings are proposed to be commenced in the Tribunal with respect to the complaint concerned.

(5) If the Commissioner or relevant Council decides to make a compensation order against an Australian legal practitioner under subsection (3) (b), the practitioner may apply to the Tribunal for a review of the decision. The review is to be undertaken by the Tribunal:

(a) when conducting a hearing with respect to the complaint, or

(b) if the matter does not proceed to a hearing or the proceedings with respect to the complaint are terminated-during separate proceedings with respect to the application for review.

Note: Reviews are carried out under Chapter 5 of the Administrative Decisions Tribunal Act 1997 . Section 729A modifies the operation of that Act. An appeal lies to the Supreme Court under section 729A against a decision of the Administrative Decisions Tribunal.

(6) If:

(a) the Commissioner or relevant Council makes a compensation order, and

(b) proceedings are subsequently commenced in the Tribunal with respect to the complaint concerned,

the Tribunal may make a further order under subsection (1), but the order, if requiring payment of an amount (when added to the amount in the original order) exceeding $25,000, is not to be made unless the complainant and the Australian legal practitioner both consent to the order.

(7) A compensation order may specify the person to whom monetary compensation is payable, whether to the aggrieved person or to another person on behalf of the aggrieved person.