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This is a Bill, not an Act. For current law, see the Acts databases.

LEGAL PROFESSION AMENDMENT (COMPLAINTS AND DISCIPLINE) BILL 2008

Serial 147
Legal Profession Amendment (Complaints and Discipline) Bill 2008
Dr Burns







A Bill for an Act to amend the Legal Profession Act
















NORTHERN TERRITORY OF AUSTRALIA

LEGAL PROFESSION AMENDMENT (Complaints and Discipline) ACT 2008

____________________

Act No. [ ] of 2008

____________________


TABLE OF PROVISIONS




NORTHERN TERRITORY OF AUSTRALIA

____________________

Act No. [ ] of 2008

____________________

An Act to amend the Legal Profession Act

[Assented to [ ] 2008]

[Second reading [ ] 2008]

The Legislative Assembly of the Northern Territory enacts as follows:

Short title

This Act may be cited as the Legal Profession Amendment (Complaints and Discipline) Act 2008.

Act amended

This Act amends the Legal Profession Act.

Amendment of section 530 (Notice of decision)

Section 530

omit

to the parties to disciplinary proceedings before it.

substitute

to:

(a) the parties to disciplinary proceedings before it; and

(b) if the complainant appeared at the hearing for the complaint as entitled under section 522(3) – the complainant.

Amendment of section 533 (Appeal against Disciplinary Tribunal orders)

(1) Section 533(1)(a)

omit, substitute

(a) the Law Society;

(2) After section 533(1)(b)

insert

(c) if the complainant appeared at the hearing for the complaint as entitled under section 522(3) – the complainant.

(3) After section 533(3)

insert

(3A) However, if notice of the decision is received before the commencement of the Legal Profession Amendment (Complaints and Discipline) Act 2008, the appeal must be started by filing notice of appeal within 28 days after the commencement of that Act.

Amendment of section 674 (Constitution of Disciplinary Tribunal for hearings)

Section 674(1)

omit

a disciplinary action is

substitute

proceedings for an appeal under section 506 or a disciplinary application are

Repeal section 676A

Section 676A

repeal

New section 677A

After section 677 in Part 7.4

insert

677A Practice and procedure

(1) The chairperson, after consulting with the other members of the Disciplinary Tribunal, may make rules for the practice and procedure of the Tribunal.

(2) The rules may provide for the giving of a notice to a person to appear at a hearing of the Tribunal to give evidence or produce a document or other thing.

(3) The chairperson may issue practice directions relating to the practice and procedure of the Tribunal.

(4) The Chief Executive Officer of the Agency administering this Act may appoint a person to be the registrar of the Tribunal.

Further amendments

The Schedule has effect.



Schedule

section

Provision
Amendment

omit
substitute
section 4, definition regulatory authority, paragraph (b)
jurisdiction, means
jurisdiction





 

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