Queensland Consolidated Acts

LEGAL PROFESSION ACT 2007 - SECT 455

455 Variation of discipline application

(1) The disciplinary body may vary a discipline application by omitting allegations or including additional allegations, if the body is satisfied that it is reasonable to do so having regard to all the circumstances.

(2) Without limiting subsection (1) , when considering whether or not it is reasonable to vary a discipline application, the disciplinary body must have regard to whether varying the application will affect the fairness of the proceeding.

(3) The inclusion of an additional allegation is not precluded on any or all of the following grounds—

(a) the additional allegation has not been the subject of a complaint;

(b) the additional allegation has not been the subject of an investigation;

(c) the alleged conduct happened more than 3 years ago, including conduct that happened before the commencement of section 430 .