Australian Capital Territory Current Acts

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LEGAL PROFESSION ACT 2006 - SECT 413

Summary conclusion of complaint procedure by fine etc

    (1)     This section applies if the relevant council for an Australian legal practitioner

        (a)     completes an investigation of a complaint against the practitioner; and

        (b)     is satisfied that there is a reasonable likelihood that the practitioner will be found guilty by the ACAT of unsatisfactory professional conduct (but not professional misconduct); and

        (c)     is satisfied that the practitioner is generally competent and diligent; and

        (d)     is satisfied that the unsatisfactory professional conduct can be adequately dealt with under this section.

    (2)     The relevant council may do all or any of the following:

        (a)     caution the Australian legal practitioner;

        (b)     publicly reprimand the Australian legal practitioner or, if there are special circumstances, privately reprimand the practitioner;

        (c)     make a compensation order under part 4.8 if the complainant requested a compensation order in relation to the complaint;

        (d)     direct the practitioner to do all or any of the following:

              (i)     stop accepting, for a stated time, instructions in relation to stated work;

              (ii)     stop employing a stated person in the practitioner's practice;

              (iii)     undertake stated further legal education;

              (iv)     seek advice in relation to the management of the practitioner's practice from a stated person;

        (e)     impose a fine on the practitioner of a stated amount.

    (3)     The maximum amount that can be imposed by way of fine is $1 500.

    (4)     A fine is payable to the relevant council in the way and within the reasonable period required by the relevant council.

    (5)     If an amount is received by a council as complete or partial payment of a fine imposed under this section, the council must pay the amount into a statutory interest account.

    (6)     The Australian legal practitioner must not fail to pay a fine imposed under this section in accordance with the requirements of the relevant council.

    (7)     If action is taken under subsection (2), further action must not be taken under this chapter in relation to the complaint.



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