New South Wales Consolidated Acts

LEGAL PROFESSION UNIFORM LAW (NSW) - SECT 302

302 Determination by designated tribunal--disciplinary matters

(1) If, after it has completed a hearing under this Part into the conduct of a respondent lawyer, the designated tribunal finds that the lawyer is guilty of unsatisfactory professional conduct or professional misconduct, the designated tribunal may make any orders that it thinks fit, including any of the orders that a local regulatory authority can make under section 299 in relation to a lawyer and any one or more of the following--

(a) an order that the lawyer do or refrain from doing something in connection with the practice of law;

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

(c) an order that the lawyer's practice be managed for a specified period in a specified way or subject to specified conditions;

(d) an order that the lawyer's practice be subject to periodic inspection by a specified person for a specified period;

(e) an order that the lawyer seek advice in relation to the management of the lawyer's practice from a specified person;

(f) an order recommending that the name of the lawyer be removed from a roll kept by a Supreme Court, a register of lawyers kept under jurisdictional legislation or the Australian Legal Profession Register;

(g) an order directing that a specified condition be imposed on the Australian practising certificate or Australian registration certificate of the lawyer;

(h) an order directing that the lawyer's Australian practising certificate or Australian registration certificate be suspended for a specified period or cancelled;

(i) an order directing that an Australian practising certificate or Australian registration certificate not be granted to the lawyer before the end of a specified period;

(j) an order that the lawyer not apply for an Australian practising certificate or Australian registration certificate before the end of a specified period;

(k) a compensation order against the lawyer in accordance with Part 5.5;

(l) an order that the lawyer pay a fine of a specified amount not exceeding $100 000 if the lawyer is found guilty of professional misconduct.

(2) Subject to section 303, the designated tribunal may make ancillary or other orders, including--

(a) an order for payment by the lawyer of expenses associated with orders under this section, as assessed or reviewed in or in accordance with the order or as agreed; and

(b) an interlocutory or interim order, including an order of the kind referred to in subsection (1).

(3) The designated tribunal may find a person guilty of unsatisfactory professional conduct even though the complaint or charge alleged professional misconduct.

(4) If the designated tribunal makes an order that a lawyer pay a fine, a copy of the order may be filed in the registry of a court having jurisdiction to give judgment for a debt of the same amount as the amount of the fine and the order may be enforced as if it were an order of the court.

(5) To avoid doubt, the power of the designated tribunal under subsection (1) to make any of the orders that the designated local regulatory authority can make under section 299 extends to making orders of that kind in relation to a lawyer whom the tribunal finds is guilty of professional misconduct.

(6) It is intended that jurisdictional legislation may provide a right of appeal against or a right of review of the designated tribunal's decision.