South Australian Current Acts

LEGAL PRACTITIONERS ACT 1981 - SECT 77O

77O—Commissioner may conciliate complaints

        (1)         The Commissioner may, at any time, arrange for a conciliation to be conducted in relation to a matter before the Commissioner.

        (2)         Nothing said or done in the course of a conciliation under this section can subsequently be given in evidence in any proceedings (other than proceedings for a criminal offence).

        (3)         A person who has been involved in a conciliation in relation to a matter under this section is disqualified from investigating or further investigating the matter and from otherwise dealing with the matter.

        (4)         If agreement is reached through a conciliation under this section—

            (a)         the agreement must be recorded in writing and signed by the parties to the agreement and the Commissioner or on behalf of the Commissioner by a person authorised by the Commissioner for the purpose; and

            (b)         a copy of the agreement must be given to each of the parties.

        (5)         An apparently genuine document purporting to be an agreement signed in accordance with this section and providing for the payment of a monetary sum by a party to the agreement, will be accepted in legal proceedings, in the absence of proof to the contrary, as proof of such a debt.

        (6)         If a legal practitioner contravenes or fails to comply with the terms of an agreement reached following conciliation under this section, the contravention or non-compliance is professional misconduct.

        (7)         The fact that a conciliation is conducted or an agreement is reached in relation to a matter does not prevent investigation or further investigation or the laying of a charge in relation to conduct to which the matter relates.