South Australian Numbered Acts South Australian Numbered Acts47—Amendment of section 82—Inquiries
(1) Section 82(1)—delete "A charge" and substitute:
Subject to this section, a charge
(2) Section 82(1)—delete "unprofessional or unsatisfactory conduct" wherever occurring and substitute in each case:
unsatisfactory professional conduct or professional misconduct
(3) Section 82—after subsection (1) insert:
(1a) A charge may not be laid before the Tribunal relating to conduct by a legal practitioner or former legal practitioner if the Commissioner has exercised a power under section 77J in relation to the conduct.
(4) Section 82(2)(b)—delete paragraph (b) and substitute:
(b) the Commissioner; or
(5) Section 82(2)(d)—delete "unprofessional or unsatisfactory conduct" and substitute:
unsatisfactory professional conduct or professional misconduct
(6) Section 82(2a) and (2b)—delete subsections (2a) and (2b) and substitute:
(2a) A charge relating to conduct by a legal practitioner must be laid before the Tribunal within 3 years of the conduct unless—
(a) the charge is laid by the Attorney-General; or
(b) the Tribunal allows an extension of time.
(7) Section 82(5)—after "vexatious" insert:
and may, for the purpose of dealing with such a charge, consist of 1 member
(8) Section 82(6)(a)—delete "unprofessional or unsatisfactory conduct it may, subject to subsection (6a)," and substitute:
unsatisfactory professional conduct or professional misconduct it may
(9) Section 82(6)(a)(ii)—delete subparagraph (ii) and substitute:
(ii) it may order the legal practitioner to pay a fine not exceeding—
(A) $50 000; or
(B) if the Tribunal is constituted of 1 member in accordance with section 80(1a)(a)—$10 000;
(10) Section 82(6)(a)(iv) and (v)—delete subparagraphs (iv) and (v) and substitute:
(iv) it may make an order suspending the legal practitioner's practising certificate (whether a practising certificate under this Act or an interstate practising certificate) until the end of the period specified in the order, not exceeding—
(A) 12 months; or
(B) if the Tribunal is constituted of 1 member in accordance with section 80(1a)(a)— 3 months;
(v) it may, unless constituted of 1 member in accordance with section 80(1a)(a), recommend that disciplinary proceedings be commenced against the legal practitioner in the Supreme Court; or
(11) Section 82(6)(b) and (c)—delete paragraphs (b) and (c) and substitute:
(b) that a former legal practitioner was, while he or she remained a legal practitioner, guilty of professional misconduct—it may order the former legal practitioner to pay a fine not exceeding—
(i) $50 000; or
(ii) if the Tribunal is constituted of 1 member in accordance with section 80(1a)(a)—$10 000; or
(c) that a former legal practitioner was, while he or she remained a legal practitioner, guilty of unsatisfactory professional conduct—it may order the former legal practitioner to pay a fine not exceeding—
(i) $25 000; or
(ii) if the Tribunal is constituted of 1 member in accordance with section 80(1a)(a)—$5 000.
(12) Section 82(6a)—delete subsection (6a)
(13) Section 82(7)—delete "Board" and substitute:
Commissioner
(14) Section 82(8)—delete "unprofessional conduct" wherever occurring and substitute in each case:
professional misconduct
(15) Section 82(8)—delete "unsatisfactory conduct" wherever occurring and substitute in each case:
unsatisfactory professional conduct