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LEGAL PROFESSION ACT 1987 - SECT 171C Determinations of Tribunal

This legislation has been repealed.

LEGAL PROFESSION ACT 1987 - SECT 171C

Determinations of Tribunal

171C Determinations of Tribunal

(1) If, after it has completed a hearing relating to a complaint against a legal practitioner, the Tribunal is satisfied that the legal practitioner is guilty of professional misconduct or unsatisfactory professional conduct, the Tribunal may do any one or more of the following:
(a) order that the name of the legal practitioner be removed from the roll of legal practitioners if the legal practitioner is guilty of professional misconduct,
(a1) order that the name of the interstate legal practitioner be removed by the appropriate regulatory authority of another State or a Territory from the roll of that State or Territory that corresponds to the roll of legal practitioners if the interstate legal practitioner is guilty of professional misconduct,
(b) order that the legal practitioner's practising certificate be cancelled,
(c) order that a practising certificate not be issued to the legal practitioner until the end of the period specified in the order,
(c1) order that the appropriate regulatory authority of another State or a Territory cancel the interstate legal practitioner's practising certificate or order that an interstate practising certificate not be issued to the interstate legal practitioner until the end of the period specified in the order,
(d) order that the legal practitioner pay a fine specified in the order, not exceeding $50,000 if the legal practitioner is guilty of professional misconduct or not exceeding $5,000 if the legal practitioner is guilty of unsatisfactory professional conduct,
(e) make an order publicly reprimanding the legal practitioner or, if there are special circumstances, privately reprimanding the legal practitioner,
(f) order that the legal practitioner undertake and complete a course of further legal education specified in the order,
(f1) in the case of a barrister who is a public notary, order that the barrister cease to accept instructions in relation to notarial services,
(g) in the case of a solicitor, make any one or more of the orders referred to in subsection (2),
(g1) in the case of a locally registered foreign lawyer, order that the registration of the foreign lawyer under Part 3C be cancelled,
Note: This section applies to locally registered foreign lawyers. See section 48ZV.
(h) if applicable, make a compensation order,
(i) make ancillary orders.
(2) In the case of a solicitor, the Tribunal may do any one or more of the following:
(b) order that the solicitor's practice be subject to periodic inspection by the person, and for the period, specified in the order,
(c) order that the solicitor seek advice in relation to the management of the solicitor's practice from the person specified in the order,
(d) order that the solicitor cease to employ in the solicitor's practice the person specified in the order,
(e) order that the solicitor employ in the solicitor's practice a person belonging to the class of persons specified in the order,
(f) order that the solicitor cease to accept instructions in relation to the class of legal services specified in the order,
(g) order that the solicitor's practising certificate be endorsed with a condition restricting the solicitor from acting as a solicitor otherwise than in the course of employment by a solicitor holding an unrestricted practising certificate,
(h) order that the appropriate regulatory authority of another State or a Territory endorse the interstate practising certificate of a solicitor who is an interstate legal practitioner with a condition restricting the solicitor from acting as a solicitor otherwise than in the course of employment by a solicitor holding an unrestricted practising certificate (or its equivalent) in that State or Territory.
(3) If the Tribunal makes an order publicly reprimanding a legal practitioner, the Tribunal is to publish the order and a statement of its reasons for making the order.
(4) If the Tribunal makes an order privately reprimanding a legal practitioner, the Tribunal is to provide the appropriate Council and the Commissioner with a copy of the order and a statement of its reasons for making the order.
(5) It is sufficient compliance with the requirement to publish an order under subsection (3) if the Tribunal provides to the Commissioner sufficient information to enable the Commissioner to exercise the Commissioner's functions in respect of the register of disciplinary action required to be kept under Division 9A.