Queensland Consolidated Acts

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LEGAL PROFESSION ACT 2007 - SECT 456

Decisions of tribunal about an Australian legal practitioner

456 Decisions of tribunal about an Australian legal practitioner

(1) If, after the tribunal has completed a hearing of a discipline application in relation to a complaint or an investigation matter against an Australian legal practitioner, the tribunal is satisfied that the practitioner has engaged in unsatisfactory professional conduct or professional misconduct, the tribunal may make any order as it thinks fit, including any 1 or more of the orders stated in this section.
(2) The tribunal may, under this subsection, make 1 or more of the following in a way it considers appropriate—
(a) an order recommending that the name of the Australian legal practitioner be removed from the local roll;
(b) an order that the practitioner’s local practising certificate be suspended for a stated period or cancelled;
(c) an order that a local practising certificate not be granted to the practitioner before the end of a stated period;
(d) an order that—
(i) imposes stated conditions on the practitioner’s practising certificate granted or to be issued under this Act; and
(ii) imposes the conditions for a stated period; and
(iii) specifies the time, if any, after which the practitioner may apply to the tribunal for the conditions to be amended or removed;
(e) an order publicly reprimanding the practitioner or, if there are special circumstances, privately reprimanding the practitioner;
(f) an order that no law practice in this jurisdiction may, for a period stated in the order of not more than 5 years—
(i) employ or continue to employ the practitioner in a law practice in this jurisdiction; or
(ii) employ or continue to employ the practitioner in this jurisdiction unless the conditions of employment are subject to conditions stated in the order.
(3) The tribunal may, under this subsection, make 1 or more of the following—
(a) an order recommending that the name of the Australian legal practitioner be removed under a corresponding law from an interstate roll;
(b) an order recommending that the practitioner’s interstate practising certificate be suspended for a stated period or cancelled under a corresponding law;
(c) an order recommending that an interstate practising certificate not be, under a corresponding law, granted to the practitioner until the end of a stated period;
(d) an order recommending—
(i) that stated conditions be imposed on the practitioner’s interstate practising certificate; and
(ii) that the conditions be imposed for a stated period; and
(iii) a stated time, if any, after which the practitioner may apply to the tribunal for the conditions to be amended or removed.
(4) The tribunal may, under this subsection, make 1 or more of the following—
(a) an order that the Australian legal practitioner pay a penalty of a stated amount, not more than $100,000;
(b) a compensation order;
(c) an order that the practitioner undertake and complete a stated course of further legal education;
(d) an order that, for a stated period, the practitioner engage in legal practice under supervision as stated in the order;
(e) an order that the practitioner do or refrain from doing something in connection with the practitioner engaging in legal practice;
(f) an order that the practitioner stop accepting instructions as a public notary in relation to notarial services;
(g) an order that engaging in legal practice by the practitioner is to be managed for a stated period in a stated way or subject to stated conditions;
(h) an order that engaging in legal practice by the practitioner is to be subject to periodic inspection by a person nominated by the relevant regulatory authority for a stated period;
(i) an order that the practitioner seek advice from a stated person in relation to the practitioner’s management of engaging in legal practice;
(j) an order that the practitioner must not apply for a local practising certificate for a stated period.
(5) To remove any doubt, it is declared that the tribunal may make any number of orders mentioned in any or all of subsections (2) , (3) and (4) .
(6) Also, the tribunal may make ancillary orders, including an order for payment by the Australian legal practitioner of expenses associated with orders under subsection (4) , as assessed in or under the order or as agreed.
(7) The tribunal may find a person has engaged in unsatisfactory professional conduct even though the discipline application alleged professional misconduct.



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