AustLII Tasmanian Consolidated Acts

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LEGAL PROFESSION ACT 2007 - SECT 454

Determination of Board

(1)  If, after it has completed a hearing under this Part, the Board is not satisfied that an Australian legal practitioner is guilty of unsatisfactory professional conduct, the Board is to dismiss the complaint and advise the prescribed authority of the dismissal.
(2)  If, after it has completed a hearing under this Part, the Board is satisfied that an Australian legal practitioner is guilty of unsatisfactory professional conduct, the Board may make one or more of the following determinations:
(a) a determination that the Australian legal practitioner be admonished or reprimanded;
(b) a determination that the Australian legal practitioner pay a fine not exceeding 50 penalty units as it may specify;
(c) a determination that the complaint be referred to the Tribunal with a recommendation that the Tribunal make a compensation order;
(d) a determination that the Australian legal practitioner waive the whole or part of any fees charged to a specified person in respect of specified work;
(e) a determination that the Australian legal practitioner repay the whole or part of any fees paid by a specified person in respect of specified work;
(f) a determination that the Australian legal practitioner carry out for a specified person such professional legal work, either free of charge or for such fee, as the Board may specify;
(g) a determination that the Australian legal practitioner waive any lien in respect of a specified document or class of document;
(h) a determination that the Australian legal practitioner, within a specified period, complete a specified course of further legal education or receive counselling as specified by the Board;
(i) a determination that the Australian legal practitioner subject his or her practice to periodic supervision or inspection by a specified person and for a specified period;
(j) a determination that the Australian legal practitioner seek appropriate advice from a specified person in relation to the management of the practice of the Australian legal practitioner;
(k) a determination that the Australian legal practitioner cease to accept instructions in relation to a specified class of work for a specified period;
(l) a determination prohibiting the Australian legal practitioner from acting as an Australian legal practitioner otherwise than in the course of employment by or under the supervision of an Australian legal practitioner holding an unrestricted practising certificate and who has been approved by the Board;
(m) a determination that the Australian legal practitioner pay to the Board any costs incurred by the Board in investigating and hearing a complaint.
(3)  If the Board makes a determination under subsection (2) , the Board must advise the prescribed authority of the determination and the prescribed authority may impose a condition on the Australian legal practitioner's practising certificate to give effect to that determination as it sees fit.
(4)  The Board and the prescribed authority have the power to do all things necessary to give effect to any determination made under this section.
(5)  If –
(a) the Board makes a determination under subsection (2)(b) , (e) or (m) ; and
(b) an application for appeal is not made under section 458 (Application against determinations) –
the Board may, after the expiration of 21 days after the making of the determination, cause that determination to be filed in the Supreme Court as a judgment under the Supreme Court Civil Procedure Act 1932 .
(6)  A determination filed in the Supreme Court is enforceable under the provisions of the Supreme Court Civil Procedure Act 1932 .
(7)  If an Australian legal practitioner fails to comply with a determination made under subsection (2)(d) , (f) , (g) , (h) , (i) , (j) , (k) or (l) , the Board may, after the expiration of 21 days after the making of the determination, apply to the Supreme Court for an appropriate order.
(8)  Any fine imposed under this section is to be paid to the Board.



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