Australian Capital Territory Repealed Acts

This legislation has been repealed.

LEGAL PRACTITIONERS ACT 1970 (REPEALED) - SECT 38

    (1)     There shall be a body to be known as the Professional Conduct Board of The Law Society of the Australian Capital Territory.

    (2)     The professional conduct board shall consist of 7 members, as follows:

        (a)     5 members appointed by the council;

        (b)     2 members appointed by the Attorney-General after consultation with the law society.

    (3)     A person is not eligible for appointment as a member referred to in subsection (2) (a), or for appointment under subsection (6) (a), unless not less than 5 years have elapsed since the person was first admitted to practise as a legal practitioner (however described) in a State or Territory and the person—

        (a)     holds a current unrestricted practising certificate; or

        (b)     is a legal practitioner practising as a barrister.

    (4)     A person is not eligible for appointment as a member referred to in subsection (2) (b), or for appointment under subsection (6) (b), if the person is enrolled as a legal practitioner (however described) whether in the ACT or elsewhere or who has the educational qualifications prescribed for admission as a legal practitioner.

    (5)     A member of the professional conduct board holds office for such period, not exceeding 3 years, as is specified in the instrument of appointment and is eligible for reappointment.

    (6)     In the event of a member of the professional conduct board ceasing to hold office before the member's term of office has expired—

        (a)     in the case of a member referred to in subsection (2) (a)—the law society; and

        (b)     in the case of a member referred to in subsection (2) (b)—the Attorney-General, after consultation with the law society;

may appoint a person to hold the vacant office for the balance of that term.

    (7)     The members of the professional conduct board shall elect 1 of their number to be chairperson of the board.

    (8)     A member of the professional conduct board may resign by writing signed by the member and delivered to—

        (a)     in the case of a member referred to in subsection (2) (a)—the law society; and

        (b)     in the case of a member referred to in subsection (2) (b)—the Attorney-General.