South Australian Current Acts

LEGAL PRACTITIONERS ACT 1981 - SECT 89C

89C—Register of Disciplinary Action

        (1)         The Commissioner is to maintain a register (the "Register of Disciplinary Action ) of—

            (a)         disciplinary action taken in relation to professional misconduct under this Act against legal practitioners and former legal practitioners; and

            (b)         disciplinary action taken in relation to professional misconduct under a corresponding law against legal practitioners and former legal practitioners who are or were enrolled or practising the law in this State when the conduct that is the subject of the disciplinary action occurred.

        (2)         The Commissioner may also include in the Register—

            (a)         disciplinary action taken in relation to unsatisfactory professional conduct under this Act against legal practitioners and former legal practitioners; and

            (b)         disciplinary action taken in relation to unsatisfactory professional conduct under a corresponding law against legal practitioners and former legal practitioners who are or were enrolled or practising the law in this State when the conduct that is the subject of the disciplinary action occurred; and

            (c)         disciplinary action consisting of the removal of the name of a legal practitioner from the roll of legal practitioners maintained under this Act pursuant to section 89(1b).

        (3)         The following particulars are to be included when information about disciplinary action is entered into the Register:

            (a)         the full name of the person against whom the disciplinary action was taken;

            (b)         the person's business address or former business address;

            (c)         the person's home jurisdiction or most recent home jurisdiction;

            (d)         particulars of the disciplinary action taken;

            (e)         other particulars prescribed by the regulations or determined by the Commissioner.

        (4)         The Register may be kept in a form determined or identified by the Commissioner and may form part of other registers.

        (5)         The Register is to be made available for public inspection on—

            (a)         the Internet site of the Commissioner; or

            (b)         an Internet site identified on the Internet site of the Commissioner.

        (6)         Information recorded in the Register may be provided to members of the public in any other manner approved by the Commissioner.

        (7)         The Commissioner may cause any error in or omission from the Register to be corrected.

        (7a)         The Commissioner may cause information about disciplinary action to be removed from the Register in the circumstances prescribed by regulation (if any).

        (8)         The requirement to keep the Register applies only in relation to disciplinary action taken after the commencement of this section, but details relating to earlier disciplinary action may be included in the Register.