LEGAL PROFESSION ACT 2007 - SECT 649
Standard of proof
LEGAL PROFESSION ACT 2007 - SECT 649
Standard of proof
649 Standard of proof
(1) If an allegation of fact is not admitted or is challenged when the
committee is hearing a discipline application, the committee may act on the
allegation if the committee is satisfied on the balance of probabilities that
the allegation is true.
(2) For subsection (1) , the degree of satisfaction
required varies according to the consequences for the relevant
Australian legal practitioner or law practice employee of finding the
allegation to be true.
(3) In this section—
"Australian legal practitioner" includes a person to whom chapter 4 applies as
mentioned in section 417.