(1)  Unless the complainant and the Australian legal practitioner concerned agree, a compensation order is not to be made unless the person or body making it is satisfied –

(a) that the complainant has suffered loss because of the conduct concerned; and

(b) that it is in the interests of justice that the order be made.

(2)  A compensation order is not to be made in respect of any loss for which the complainant has received or is entitled to receive –

(a) compensation received or receivable under an order that has been made by a court; or

(b) compensation paid or payable from the Guarantee Fund, or a corresponding fund of any other jurisdiction, where a relevant claim for payment from the fund has been made or determined; or

(c) compensation paid or payable from a professional indemnity insurance policy.