South Australian Current Acts South Australian Current Acts (1) If, in the course
or in consequence of an investigation under this Division, the Commissioner is
satisfied that there is evidence of professional misconduct by a
legal practitioner or former legal practitioner, the Commissioner must make a
report on the matter to the Attorney-General and the Society.
(2) If, in the course
or in consequence of an investigation under this Division, the Commissioner
comes into possession of information or evidence suggesting to the
Commissioner that a criminal offence may have been committed by a
legal practitioner or former legal practitioner, the Commissioner may pass the
information or evidence on to the Crown Solicitor.
(2a) However, if the
information or evidence suggests that a serious offence has been committed,
the Commissioner must pass the information or evidence on to the Crown
Solicitor.
(3) The Commissioner
must, at the request of the Crown Solicitor or a prosecution authority,
furnish the Crown Solicitor or authority with any material in the
Commissioner's possession relevant to the investigation or prosecution of the
suspected offence.
(4) If it appears to
the Crown Solicitor or a prosecution authority from a report or material
furnished under this section that criminal proceedings should be taken against
a person, the Crown Solicitor or authority may take any action that may be
appropriate for that purpose.