South Australian Current Acts South Australian Current Acts (1) Subject to this
section, a charge may be laid under this section alleging
unsatisfactory professional conduct or professional misconduct—
(a) on
the part of any legal practitioner; or
(b) on
the part of any former legal practitioner who was at the time of the alleged
unsatisfactory professional conduct or professional misconduct a
legal practitioner.
(1a) A charge may not
be laid before the Tribunal relating to conduct by a legal practitioner or
former legal practitioner if the Commissioner has exercised a power under
section 77J in relation to the conduct.
(2) A charge may be
laid under this section by—
(a) the
Attorney-General; or
(b) the
Commissioner; or
(c)
the Society; or
(d) a
person claiming to be aggrieved by reason of the alleged
unsatisfactory professional conduct or professional misconduct.
(2a) A charge may not
be laid before the Tribunal more than 5 years after the day on which the
person laying the charge became aware of the conduct to which the charge
relates unless—
(a) the
charge is laid by the Attorney-General; or
(b)
the Tribunal allows an extension of time.
(2c) A charge may be
laid before the Tribunal despite the fact that criminal proceedings have been
or are to be commenced in relation to a matter to which the charge relates.
(3) A charge laid
under this section must be in the form prescribed by rules under this
Division.
(4) Where a charge has
been laid under this section, the Tribunal must, subject to
subsection (5), inquire into the conduct of the legal practitioner or
former legal practitioner to whom the charge relates.
(5) The Tribunal may
summarily dismiss any charge that it considers frivolous or vexatious and may,
for the purpose of dealing with such a charge, consist of 1 member.
(6) If after
conducting an inquiry under this section the Tribunal is satisfied—
(a) that
a legal practitioner is guilty of unsatisfactory professional conduct or
professional misconduct it may exercise any one or more of the following
powers:
(i)
it may reprimand the legal practitioner;
(ib) it
may make orders with respect to the examination of the legal practitioner's
files and records by a person approved by the Tribunal (at the expense of the
legal practitioner) at the intervals, and for the period, specified in the
order;
(ii)
it may order the legal practitioner to pay a fine not
exceeding—
(A) $50 000; or
(B) if the Tribunal is constituted of 1
member in accordance with section 80(1a)(a)—$10 000;
(iii)
it may make an order imposing conditions on the
legal practitioner's practising certificate (whether a practising certificate
under this Act or an interstate practising certificate)—
(A) relating to the practitioner's legal
practice (provided that, in the case of an order made without the consent of
the practitioner, such conditions must not operate for a period exceeding 12
months); or
(B) requiring that the legal practitioner,
within a specified time, complete further education or training, or receive
counselling, of a specified type;
(iv)
it may make an order suspending the legal practitioner's
practising certificate (whether a practising certificate under this Act or an
interstate practising certificate) until the end of the period specified in
the order, not exceeding—
(A) 12 months; or
(B) if the Tribunal is constituted of
1 member in accordance with section 80(1a)(a)—3 months;
(v)
it may, unless constituted of 1 member in accordance with
section 80(1a)(a), recommend that disciplinary proceedings be commenced
against the legal practitioner in the Supreme Court; or
(b) that
a former legal practitioner was, while he or she remained a legal
practitioner, guilty of professional misconduct—it may order the former
legal practitioner to pay a fine not exceeding—
(i)
$50 000; or
(ii)
if the Tribunal is constituted of 1 member in accordance
with section 80(1a)(a)—$10 000; or
(c) that
a former legal practitioner was, while he or she remained a legal
practitioner, guilty of unsatisfactory professional conduct—it may order
the former legal practitioner to pay a fine not exceeding—
(i)
$25 000; or
(ii)
if the Tribunal is constituted of 1 member in accordance
with section 80(1a)(a)—$5 000.
(6b) A condition
imposed on a practising certificate or interstate practising certificate
pursuant to an order under this section may be varied or revoked at any time
on application by the legal practitioner.
(7) After completing
an inquiry under this section, the Tribunal must transmit the evidence taken
by the Tribunal on the inquiry together with a memorandum of its findings to
the Attorney-General, the Society and the Commissioner.
(8) If, after
conducting an inquiry into a charge alleging professional misconduct by a
person who is a legal practitioner or former legal practitioner,
the Tribunal—
(a) is
not satisfied that the person is guilty of professional misconduct; but
(b) is
satisfied that the person is guilty of unsatisfactory professional conduct,
the Tribunal must find the person not guilty of professional misconduct, but
may find the person guilty of unsatisfactory professional conduct.