Australian Capital Territory Current Acts

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LEGAL PROFESSION ACT 2006 - SECT 411

Decision of council without investigation

    (1)     This section applies to a complaint against an Australian legal practitioner if the relevant council is satisfied that action should be taken under this section because of—

        (a)     the nature of the subject matter of the complaint; and

        (b)     the reasonable likelihood that the practitioner will be found guilty by the ACAT of either unsatisfactory professional conduct or professional misconduct.

    (2)     This section also applies to a complaint against an employee of a solicitor if the relevant council is satisfied that action should be taken under this section because of—

        (a)     the nature of the subject matter of the complaint; and

        (b)     the reasonable likelihood that the employee will be found guilty by the ACAT of unsatisfactory employment conduct.

    (3)     If this section applies to a complaint, the relevant council may make an application to the ACAT under part 4.7 for an occupational discipline order in relation to the person complained about without starting or finishing an investigation of the complaint.



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