Australian Capital Territory Current Acts

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LEGAL PROFESSION ACT 2006 - SECT 448

Register of disciplinary action

    (1)     There is to be a register (the register of disciplinary action ) of—

        (a)     disciplinary action taken under this Act against Australian legal practitioners; and

        (b)     disciplinary action taken under a corresponding law against Australian legal practitioners who are or were enrolled or practising in the ACT when the conduct that is the subject of the disciplinary action happened; and

        (c)     disciplinary action taken under this Act against the employee of a solicitor.

Note     Action may be taken against a solicitor in relation to a complaint about unsatisfactory employment conduct of an employee of the solicitor (see s 429).

    (2)     The register must include—

        (a)     the full name of the person against whom the disciplinary action was taken; and

        (b)     the person's business address or former business address; and

        (c)     the person's home jurisdiction or most recent home jurisdiction; and

        (d)     particulars of the disciplinary action taken; and

        (e)     other particulars prescribed by regulation.

    (3)     However, if a person named in the register dies, the relevant council must remove from the register all the information about the person mentioned in subsection (2).

    (4)     The register may be kept in a form decided by the relevant council and may form part of other registers.

    (5)     The register must be available for public inspection on—

        (a)     the internet site of the relevant council; or

        (b)     an internet site identified on the internet site of the relevant council.

    (6)     Information in the register may be provided to members of the public in any other way approved by the relevant council.

    (7)     The relevant council may correct an error or omission in the register.

    (8)     The requirement to keep the register applies only in relation to disciplinary action taken after the commencement of this section, but details relating to earlier disciplinary action may be included in the register.



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