AustLII Tasmanian Consolidated Acts

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LEGAL PROFESSION ACT 2007 - SECT 479

Consent orders

(1)  The Tribunal may, with the consent of the Australian legal practitioner concerned contained in a written instrument, make orders under this Part without conducting or completing a hearing in relation to the complaint.
(2)  Consent may be given before or after the proceedings are commenced in the Tribunal with respect to the complaint.
(3)  If consent is given before the proceedings are commenced, the requirement to conduct an investigation of the complaint (whether commenced or not) may be dispensed with, and any investigation of the complaint already being conducted may be suspended or terminated.
(4)  This section does not apply to consent given by the practitioner unless the practitioner and the Tribunal have agreed on the terms of an instrument of consent.
(5)  Without limiting what may be included in the instrument of consent, the instrument is to contain an agreed statement of facts (including the grounds of complaint) and may contain undertakings on the part of the practitioner.
(6)  The instrument of consent must be filed with the Tribunal.
(7)  Nothing in this section affects the procedures regarding the commencement of proceedings in the Tribunal where consent is given before the proceedings are commenced.
(8)  If consent is given before the proceedings are commenced, the proceedings are nevertheless to be commenced with respect to the complaint in the same way as if consent had not yet been given.
(9)  The Tribunal is to be constituted in the same way as for the conduct of a hearing into the complaint.
(10)  In deciding whether to make orders under this Part pursuant to an instrument of consent, the Tribunal may make such inquiries of the parties as it thinks fit and may, despite any such consent, conduct or complete a hearing in relation to the complaint if it considers it to be in the public interest to do so.



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