Disciplining misconduct

The Commissioner has a range of powers to discipline misconduct.

 

Unsatisfactory Professional Conduct

If the Commissioner is satisfied there is evidence of Unsatisfactory Professional Conduct he may decide not to lay a charge before the Tribunal.

Instead the Commissioner can take a range of actions under his powers, or make any other appropriate order, but only with the lawyer’s consent.

 

Professional Misconduct 

In the more serious cases of Professional Misconduct, the Commissioner will charge a lawyer before the Legal Practitioners Disciplinary Tribunal or in the Supreme Court.

Once a case proceeds through the Tribunal or the Court (or both), the final ‘decision’ will be published and include details of the reasons and outcome decided. 

This may result in restrictions being placed on a lawyer’s ability to practise law, being removed from the State's Roll of Legal Practitioners (also known as being ‘struck-off’), and having these details published on the pulbic Register of Diciplinary Action