171N   Appeals to Tribunal concerning reprimands

(1)  This section applies to an appeal referred to in section 155 (6) or 160 (5) against a decision by a Council or the Commissioner to reprimand a legal practitioner.

(2)  The appeal is an external appeal within the meaning of the Administrative Decisions Tribunal Act 1997.

(3)  The appeal is to be heard and determined by the Legal Services Division of the Tribunal, constituted in accordance with whichever of the constitutions listed in clause 4 (1) of Part 3 of Schedule 2 to the Administrative Decisions Tribunal Act 1997 that the President of the Tribunal determines as being appropriate for the particular case.

(4)  In determining the appeal, the Tribunal may:

(a)  affirm the decision to reprimand the legal practitioner and dismiss the appeal, or

(b)  quash the decision to reprimand the legal practitioner and remit the matter back to the Council or Commissioner for the complaint concerned to continue to be dealt with under this Part, or

(c)  quash the decision to reprimand the legal practitioner and dismiss the complaint concerned.

(5)  If the Tribunal affirms the decision to reprimand the legal practitioner, the Tribunal must forthwith make an order publicly reprimanding the legal practitioner, whether or not the reprimand appealed against has already been administered.

(6)  If the Tribunal quashes the decision to reprimand the legal practitioner and remits the matter back to the Council or Commissioner, the complaint concerned is to be dealt with as if the decision to reprimand the practitioner had not been made.

(7)  If the Tribunal quashes the decision to reprimand the legal practitioner and the reprimand has already been administered, the reprimand is withdrawn by force of this section.

(8)  The provisions of section 171C (3) and (5) relating to the publication of an order and of a statement of reasons extend to an order made under this section publicly reprimanding the legal practitioner.

(9)  Section 171F applies in relation to the appeal.

(10)  Without limiting anything in the Administrative Decisions Tribunal Act 1997, rules or regulations may be made under that Act in connection with appeals to which this section applies, including the making, hearing and determination of appeals.

(11)  This section prevails to the extent of any inconsistency with the Administrative Decisions Tribunal Act 1997 or any rules or regulations made under that Act.