South Australian Current Acts

LEGAL PRACTITIONERS ACT 1981 - SECT 80

80—Constitution and proceedings of Tribunal

        (1)         Subject to subsection (1a), in relation to proceedings instituted before the Tribunal alleging professional misconduct by a legal practitioner, the Tribunal consists of a panel of three of its members chosen by the presiding member to constitute the Tribunal for the purposes of those proceedings (one of whom may be the presiding member).

        (1a)         In relation to—

            (a)         proceedings instituted before the Tribunal alleging professional misconduct by a legal practitioner where—

                  (i)         the charge is laid by the Commissioner; and

                  (ii)         the Commissioner indicates to the Tribunal when laying the charge that, in the opinion of the Commissioner, the alleged misconduct does not warrant any of the following orders:

                        (A)         an order that the legal practitioner's name be struck off the roll of legal practitioners;

                        (B)         an order suspending the practitioner's practising certificate for a period exceeding 3 months;

                        (C)         an order that the legal practitioner pay a fine exceeding $10 000; or

            (b)         proceedings instituted before the Tribunal alleging only unsatisfactory professional conduct by a legal practitioner; or

            (c)         proceedings on an appeal against a determination of the Commissioner under section 77J,

the Tribunal consists of 1 of its members chosen by the presiding member to constitute the Tribunal for the purposes of those proceedings (and that member may be the presiding member).

        (1b)         Despite subsections (1) and (1a), the Tribunal may, for the purposes of dealing with a procedural or interlocutory matter or an application for an extension of time, consist of 1 of its members chosen by the presiding member to constitute the Tribunal or be otherwise constituted as determined by the presiding member.

        (1ba)         The Tribunal may, if it thinks fit, hear and determine an application for an extension of time for the laying of a charge when it hears and determines proceedings in relation to the charge.

        (1c)         The Tribunal when constituted of a panel of 3 of its members must include at least 1 member who is a legal practitioner and at least 1 member who is not a legal practitioner but when the Tribunal consists of only 1 of its members the member constituting the Tribunal must be a legal practitioner.

        (2)         Where the presiding member is a member of a panel chosen under subsection (1), the member will preside at the proceedings, and in any other case a member of the panel nominated by the presiding member will preside.

        (3)         The Tribunal separately constituted under this section in respect of separate proceedings may sit contemporaneously to hear and determine those separate proceedings.

        (4)         If, before proceedings are finalised, a member of a panel chosen under subsection (1) dies or is otherwise unable to continue acting, the two remaining members of the panel may continue to hear and determine the proceedings.

        (4a)         The Tribunal, when constituted of a panel of three, may decide matters by majority decision of its members.

        (4b)         If the Tribunal is completing the hearing and determination of proceedings in relation to a charge with two members only under subsection (4), a decision of the Tribunal must be arrived at unanimously (and if a decision cannot be arrived at unanimously the charge may be relaid).

        (5)         Subject to this Act, the proceedings of the Tribunal will be conducted in such manner as the Tribunal determines.