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LEGAL PROFESSION ACT 1987 - SECT 160 Decision of Commissioner on review

This legislation has been repealed.

LEGAL PROFESSION ACT 1987 - SECT 160

Decision of Commissioner on review

160 Decision of Commissioner on review

(1) When the Commissioner has completed the review of a Council's decision, the Commissioner may:
(a) confirm that the complaint is dismissed or that the legal practitioner is reprimanded, or
(b) refer the matter to mediation, or
(c) re-investigate the complaint or direct the appropriate Council to do so, or
(c1) investigate any part of the complaint that was omitted by the Council from the allegations particularised in the information laid by the Council, or
(c2) direct the appropriate Council to investigate, or re-investigate, any part of the complaint that was omitted by the Council from the allegations particularised in the information laid by the Council, or
(c3) reprimand the legal practitioner, or
(d) institute proceedings in the Tribunal against the legal practitioner or direct the appropriate Council to do so.
(2) If the Commissioner decides to re-investigate a complaint, or to investigate part of a complaint, the provisions of this Part apply as if the Commissioner had taken over the investigation of the complaint.
(3) Before instituting proceedings in the Tribunal, the Commissioner must notify the relevant Council of the Commissioner's intention to do so and of the reasons for the decision.
(4) A Council is required to comply with a direction of the Commissioner under this section. The Commissioner may take further action under this section if the Council fails to comply with the direction.
(5) If the Commissioner decides to reprimand a legal practitioner under this section and the practitioner does not consent to the reprimand, the practitioner may appeal to the Tribunal against the decision. Section 171N applies to an appeal under this subsection.