Australian Capital Territory Current Acts

LEGAL PROFESSION ACT 2006 - SECT 425

    (1)     If, after the ACAT has finished considering an application under this part in relation to an Australian legal practitioner, the ACAT is satisfied that the practitioner is guilty of unsatisfactory professional conduct or professional misconduct, the ACAT may—

        (a)     make 1 or more of the orders mentioned in subsections (3) to (5); or

        (b)     any other order it considers appropriate.

    (2)     The ACAT may find an Australian legal practitioner guilty of unsatisfactory professional conduct even though the complaint or charge alleged professional misconduct.

    (3)     The ACAT may make the following orders in relation to the Australian legal practitioner:

        (a)     an order recommending that the name of the practitioner be removed from the local roll;

        (b)     an order that the practitioner's local practising certificate be suspended for a stated period or cancelled;

        (c)     an order that a local practising certificate not be granted to the practitioner before the end of a stated period;

        (d)     an order that—

              (i)     stated conditions be imposed on the practitioner's practising certificate granted or to be granted under this Act; and

              (ii)     the conditions be imposed for a stated period; and

              (iii)     states the time (if any) after which the practitioner may apply to the ACAT for the conditions to be amended or removed;

        (e)     an order publicly reprimanding the practitioner or, if there are special circumstances, privately reprimanding the practitioner.

    (4)     The ACAT may make the following orders in relation to the Australian legal practitioner:

        (a)     an order recommending that the name of the practitioner be removed from an interstate roll;

        (b)     an order recommending that the practitioner's interstate practising certificate be suspended for a stated period or cancelled;

        (c)     an order recommending that an interstate practising certificate not be granted to the practitioner before the end of a stated period;

        (d)     an order recommending—

              (i)     that stated conditions be imposed on the practitioner's interstate practising certificate; and

              (ii)     that the conditions be imposed for a stated period; and

              (iii)     a stated time (if any) after which the practitioner may apply to the ACAT for the conditions to be amended or removed.

    (5)     The ACAT may make the following orders in relation to the Australian legal practitioner:

        (a)     an order that the practitioner pay a fine of a stated amount of not more than the amount mentioned in section 427;

        (b)     an order that the practitioner undertake and complete a stated course of further legal education;

        (c)     an order that the practitioner undertake a stated period of practice under stated supervision;

        (d)     an order that the practitioner do or not do something in relation to the practice of law;

        (e)     an order that the practitioner cease to accept instructions as a public notary in relation to notarial services;

        (f)     an order that the practitioner's practice be managed for a stated period in a stated way or subject to stated conditions;

        (g)     an order that the practitioner's practice be subject to periodic inspection by a stated person for a stated period;

        (h)     an order that the practitioner seek advice in relation to the management of the practitioner's practice from a stated person;

              (i)     an order that the practitioner not apply for a local practising certificate before the end of a stated period.