South Australian Current Acts South Australian Current Acts77B—Investigations by Commissioner
(1) The Commissioner
may, on his or her own initiative, make an investigation into the conduct of a
legal practitioner or former legal practitioner who the Commissioner has
reasonable cause to suspect has been guilty of
unsatisfactory professional conduct or professional misconduct.
(2) Subject to this
section and sections 67B and 77C, the Commissioner must make an
investigation into the conduct of a legal practitioner or former legal
practitioner if—
(a) the
Commissioner has been directed to make the inquiry by the Attorney-General or
the Society; or
(b) a
written complaint that complies with subsection (3a) has been received in
relation to the conduct of the legal practitioner or former legal
practitioner.
(3) No direction may
be given to the Commissioner under this section unless the Attorney-General or
the Society (as the case may require) has reasonable cause to suspect that the
legal practitioner or former legal practitioner to whom the proposed
investigation relates has been guilty of unsatisfactory professional conduct
or professional misconduct.
(a)
identify the complainant; and
(b) if
possible, identify the legal practitioner or former legal practitioner about
whom the complaint is made; and
(c)
describe the alleged conduct the subject of the complaint.
(3b) A person who is
subject to an order under section 39 of the Supreme Court Act 1935
prohibiting him or her from instituting proceedings (or proceedings of a
particular class) may not make a complaint under this section.
(3c) A complaint must
be made to the Commissioner within 3 years of the conduct that is the
subject of the complaint or such longer period as the Commissioner may allow.
(4) The provisions of
Schedule 4 apply in relation to an investigation under this section.