AustLII Tasmanian Consolidated Acts

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LEGAL PROFESSION ACT 2007 - SECT 466

Powers of Tribunal

(1)  In respect of an application under this Division, the Tribunal may do any or all of the following:
(a) summon any person whose evidence appears to be material to the application;
(b) proceed to hear and determine the application in the absence of any party who has been summoned to appear before it and who has failed to appear in response to the summons;
(c) take evidence by affidavit;
(d) take evidence on oath or affirmation and, for that purpose, administer oaths and affirmations;
(e) require any person to produce or authorise another person to produce any documents or records, or class of documents or records, in that person's possession or subject to that person's control that in the opinion of the Tribunal appear to be material to the application;
(f) require a person who appears before it to answer any question that, in the opinion of the Tribunal, appears to be material to the application;
(g) require the Board to conduct any investigation that the Tribunal considers necessary in order to hear and determine a complaint;
(h) require any person to assist the Board in such an investigation;
(i) adjourn the hearing of an application or any part of an application from place to place and from time to time;
(j) regulate its own procedure in relation to the hearing of an application;
(k) subject to its rules, order the joinder of more than one application against the same or different Australian legal practitioners.
(2)  The Tribunal may direct or authorise the amendment of an application at any time.
(3)  The Tribunal may make an order imposing a fine not exceeding 50 penalty units on any person who, if required to do so under subsection (1) , neglects or fails, without reasonable excuse –
(a) to comply with a summons; or
(b) to make an oath or affirmation; or
(c) to produce or authorise another person to produce any documents or records when required to do so; or
(d) to answer any question when lawfully required to do so; or
(e) to assist the Board in an investigation.
(4)  Any fine imposed under subsection (3) is to be paid to the Board.
(5)  The Tribunal may cause an order made under subsection (3) to be filed in the Supreme Court as a judgment under the Supreme Court Civil Procedure Act 1932 after the expiration of 21 days after the date of the order.
(6)  An order filed in the Supreme Court is enforceable under the provisions of the Supreme Court Civil Procedure Act 1932 .
(7)  The Tribunal may –
(a) conduct a hearing into the application; or
(b) refer the application to be heard and determined by the Board under this Part if, after taking into account any report made by the Board, it considers that the matter –
(i) relates to unsatisfactory professional conduct; or
(ii) is not sufficiently serious to warrant a hearing under this Part; or
(iii) is an alleged contravention of a regulation, rule or by-law made under this Act which is of such a nature that it ought to be heard and determined by the Board; or
(c) dismiss a complaint if –
(i) further information is not given under section 465 ; or
(ii) the application is vexatious, misconceived, frivolous or lacking in substance; or
(iii) the application was made more than 3 years after the conduct complained of is alleged to have occurred; or
(iv) the subject matter of the complaint is not one the Tribunal has power to deal with.



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