LEGAL PROFESSION ACT 2007 - SECT 641 Disclosure of interests

LEGAL PROFESSION ACT 2007 - SECT 641

641 Disclosure of interests

(1) If a member of the committee becomes aware that the member has a conflict of interest about a discipline application made to the committee, the member must disclose the issue giving rise to the conflict—

(a) if the member is the chairperson—to the parties to the proceeding in relation to the discipline application; or

(b) otherwise—to the chairperson and the parties to the proceeding.

(2) After making the disclosure, the member must disqualify himself or herself.

(3) A member has a conflict of interest about a proceeding if the member has an interest, financial or otherwise, that could conflict with the proper performance of the member’s functions for the proceeding.

(4) If the parties agree, the remaining members of the committee may continue with hearing and deciding the discipline application.

(5) However, if the parties do not agree as mentioned in subsection (4) , the hearing of the discipline application must stop and the committee must be reconstituted to hear and decide the discipline application.

(6) If the committee can not be reconstituted under subsection (5) , the discipline application is to be transferred to the tribunal under the rules under the QCAT Act .