(1) Subject to
subsection (3), this Part applies to conduct of an Australian legal
practitioner occurring in this jurisdiction.
(2) This Part also
applies to an Australian legal practitioner’s conduct occurring outside
this jurisdiction but only —
(a) if
it is part of a course of conduct that has occurred partly in this
jurisdiction and partly in another jurisdiction, and either —
(i)
the corresponding authority of each other jurisdiction in
which the conduct has occurred consents to its being dealt with under this
Act; or
(ii)
the complainant and the practitioner consent to its being
dealt with under this Act;
or
(b) if
it occurs in Australia but wholly outside this jurisdiction and the
practitioner concerned is a local lawyer or a local legal practitioner, and
either —
(i)
the corresponding authority of each jurisdiction in which
the conduct has occurred consents to its being dealt with under this Act; or
(ii)
the complainant and the practitioner concerned consent to
its being dealt with under this Act;
or
(c)
if —
(i)
it occurs wholly or partly outside Australia; and
(ii)
the practitioner concerned is a local lawyer or a local
legal practitioner.
(3) This Part does not
apply to conduct occurring in this jurisdiction if —
(a) the
Complaints Committee consents to its being dealt with under a corresponding
law; or
(b) the
complainant and the Australian legal practitioner consent to its being dealt
with under a corresponding law.
(4)
Subsection (3) does not apply if the conduct is not capable of being
dealt with under the corresponding law.
(5) The Complaints
Committee may give consent for the purposes of subsection (3)(a), and may
do so conditionally or unconditionally.