After section 65 of the Principal Act , the following Division is inserted in Part 8:

Division 1A - Informal proceedings

65A.     Appearance to explain certain matters

(1)  If the Council considers that a matter under section 58(5A) is to be dealt with under this Division, it may serve on the legal practitioner notice to appear before it to give an explanation of the matter.

(2)  The notice is to specify the date, time and place at which the legal practitioner is to appear.

(3)  The date specified for the appearance is to be at least 14 days after the date of service of the notice.

65B.     Determination

(1)  If, after hearing the explanation of a legal practitioner of a matter to which a complaint relates, the Council is satisfied that the legal practitioner is not guilty of the conduct to which the matter relates, it may dismiss the complaint.

(2)  If, after hearing the explanation of a legal practitioner of a matter to which a complaint relates, the Council is satisfied that the legal practitioner is guilty of the conduct to which the matter relates and considers the matter is not sufficiently serious to warrant a hearing under section 60 , the Council may make any one or more of the following determinations:

(a) that the legal practitioner be reprimanded;

(b) that the legal practitioner be cautioned;

(c) that the legal practitioner make an undertaking to take, or refrain from taking, any specified action;

(d) that the legal practitioner attend a course of training;

(e) that the legal practitioner make reparation;

(f) that the legal practitioner make an apology.

(3)  Failure to comply with an undertaking constitutes professional misconduct or unprofessional conduct under Part 8 .

65C.     Referral to Tribunal

(1)  If, during the hearing of an explanation of a matter, the Council considers the matter is more serious than initially considered, it is to –

(a) discontinue the hearing; and

(b) make an application under section 72 for the Tribunal to hear and determine the matter.

(2)  If a legal practitioner fails to comply with a notice served under section 65A , the Council is to make an application under section 72 for the Tribunal to hear and determine the matter relating to that failure.