South Australian Current Acts

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LEGAL PRACTITIONERS ACT 1981 - SECT 72

72—Functions

        (1)         The functions of the Commissioner are—

            (a)         to investigate suspected unsatisfactory professional conduct or professional misconduct by legal practitioners in accordance with Subdivision 2; and

            (b)         following an investigation, to take action authorised under Subdivision 3 or to lay charges before the Tribunal; and

            (c)         to receive and deal with complaints of overcharging in accordance with Subdivision 4; and

            (d)         to arrange for the conciliation of complaints in accordance with Subdivision 5; and

            (e)         to commence disciplinary proceedings against legal practitioners or former legal practitioners in the Supreme Court on the recommendation of the Tribunal or under section 88A or 89; and

            (f)         to carry out such other functions as are assigned to the Commissioner under this Act.

        (2)         The Commissioner may—

            (a)         with the approval of the Attorney-General, fix, and require the payment of, fees in connection with the performance of functions of the Commissioner under this Act; and

            (b)         waive the payment of, or refund, the whole or part of a fee fixed under paragraph (a).

        (3)         The Commissioner may exercise any of his or her functions or powers in relation to a person who is a former legal practitioner if, at the time of the alleged unsatisfactory professional conduct, professional misconduct or overcharging, the person was a legal practitioner.

        (4)         The Commissioner may be represented in proceedings before any court or tribunal by a legal practitioner employed or engaged by the Commissioner.



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