South Australian Numbered Acts South Australian Numbered Acts54—Substitution of Part 6 Division 6
Part 6 Division 6—delete Division 6 and substitute:
Division 6—Publicising disciplinary action
89B—Definitions
In this Division—
"disciplinary action" means—
(a) the making of an order by a court or tribunal for or following a finding of unsatisfactory professional conduct or professional misconduct by a legal practitioner or former legal practitioner under this Act or under a corresponding law; or
(b) the exercise by the Commissioner or a corresponding authority of a power under section 77J or a corresponding law where the Commissioner or corresponding authority is satisfied that there is evidence of unsatisfactory professional conduct or professional misconduct by a legal practitioner; or
(c) any of the following actions taken under this Act or under a corresponding law, following a finding by a court or tribunal of unsatisfactory professional conduct or professional misconduct by a legal practitioner:
(i) removal of the name of the practitioner from a roll of legal practitioners maintained under this Act or a corresponding law;
(ii) the suspension or cancellation of the practising certificate of the practitioner;
(iii) the refusal to issue or renew a practising certificate to the practitioner;
(iv) the appointment of—
(A) a supervisor of trust money of the practitioner's practice; or
(B) a receiver for the practitioner’s practice; or
(C) a manager for the practitioner’s practice;
(d) removal of the name of a practitioner from the roll of legal practitioners maintained under this Act pursuant to section 89(1b);
"Register" means the Register of Disciplinary Action referred to in section 89C.
89C—Register of Disciplinary Action
(1) The Commissioner is to maintain a register (the "Register of Disciplinary Action ) of—
(a) disciplinary action taken in relation to professional misconduct under this Act against legal practitioners and former legal practitioners; and
(b) disciplinary action taken in relation to professional misconduct under a corresponding law against legal practitioners and former legal practitioners who are or were enrolled or practising the law in this State when the conduct that is the subject of the disciplinary action occurred.
(2) The Commissioner may also include in the Register—
(a) disciplinary action taken in relation to unsatisfactory professional conduct under this Act against legal practitioners and former legal practitioners; and
(b) disciplinary action taken in relation to unsatisfactory professional conduct under a corresponding law against legal practitioners and former legal practitioners who are or were enrolled or practising the law in this State when the conduct that is the subject of the disciplinary action occurred; and
(c) disciplinary action consisting of the removal of the name of a legal practitioner from the roll of legal practitioners maintained under this Act pursuant to section 89(1b);
(3) The following particulars are to be included when information about disciplinary action is entered into the Register:
(a) the full name of the person against whom the disciplinary action was taken;
(b) the person’s business address or former business address;
(c) the person’s home jurisdiction or most recent home jurisdiction;
(d) particulars of the disciplinary action taken;
(e) other particulars prescribed by the regulations or determined by the Commissioner.
(4) The Register may be kept in a form determined or identified by the Commissioner and may form part of other registers.
(5) The Register is to be made available for public inspection on—
(a) the Internet site of the Commissioner; or
(b) an Internet site identified on the Internet site of the Commissioner.
(6) Information recorded in the Register may be provided to members of the public in any other manner approved by the Commissioner.
(7) The Commissioner may cause any error in or omission from the Register to be corrected.
(8) The requirement to keep the Register applies only in relation to disciplinary action taken after the commencement of this section, but details relating to earlier disciplinary action may be included in the Register.
89D—Other means of publicising disciplinary action
(1) The Commissioner may publicise disciplinary action taken against a legal practitioner or former legal practitioner in any manner the Commissioner thinks fit.
(2) Nothing in this section affects the provisions of this Division relating to the Register.
89E—Quashing of disciplinary action
(1) If disciplinary action is quashed on appeal or review, any reference to that disciplinary action must be removed from the Register.
(2) If disciplinary action is quashed on appeal or review after the action was publicised by the Commissioner under section 89D, the result of the appeal or review must be publicised with equal prominence by the Commissioner.
89F—Liability for publicising disciplinary action
(1) No liability is incurred by a protected person in respect of anything done or omitted to be done in good faith for the purpose of—
(a) publicising disciplinary action taken against a legal practitioner or former legal practitioner; or
(b) exercising the powers or functions of the Commissioner under this Division; or
(c) keeping, publishing or enabling access to the Register.
(2) Without limiting subsection (1), no liability (including liability in defamation) is incurred by a person publishing in good faith—
(a) information about disciplinary action—
(i) recorded in the Register; or
(ii) otherwise publicised by the Commissioner under this Division,
or matter purporting to contain information of that kind where the matter is incorrect in any respect; or
(b) a fair report or summary of information referred to in paragraph (a).
(3) In this section—
"protected person" means—
(a) the Crown; or
(b) the Society; or
(c) the Council; or
(d) an officer, employee or agent of the Society; or
(e) the Commissioner; or
(f) an employee or agent of the Commissioner; or
(g) a person responsible for keeping the whole or any part of the Register; or
(h) an Internet service provider or Internet content host; or
(i) a person acting at the direction of the State or of any person or body referred to in this definition.
90—General
(1) The provisions of this Division are subject to any order made by—
(a) the Supreme Court or the Tribunal in relation to disciplinary action taken under this Part; or
(b) a corresponding disciplinary body in relation to disciplinary action taken under provisions of a corresponding law that correspond to this Part; or
(c) a court or tribunal of this or another jurisdiction,
so far as the order prohibits or restricts the disclosure of information.
(2) Despite subsection (1), the name and other identifying particulars of the person against whom the disciplinary action was taken, and the kind of disciplinary action taken, must be recorded in the Register in accordance with the requirements of this Division and may be otherwise publicised under this Division.