Legal Profession Act 1987 No 109
Repealed version for 15 August 2005 to 30 September 2005 (accessed 23 November 2014 at 08:16)
Part 10Division 9A

Division 9A Publicising disciplinary action

171LA   Definitions

In this Division:

barrister includes a former barrister.

disciplinary action means any of the following actions, whether or not taken under this Part:

(a)  the suspension or cancellation of the practising certificate of a legal practitioner,
(b)  the refusal to issue a practising certificate to a qualified person,
(c)  the removal of the name of a legal practitioner from the roll of legal practitioners,
(d)  any order made by a regulatory authority in respect of a legal practitioner following a finding of professional misconduct or unsatisfactory professional conduct by the legal practitioner, other than an order under this Part privately reprimanding the practitioner,
(e)  the appointment of a receiver of all or any property of a solicitor,
(f)  the appointment of a manager of a solicitor’s practice.
Note. 

Legal practitioner includes an interstate legal practitioner (see section 126).

solicitor includes a former solicitor.

171LB   Publicising disciplinary action

(1)  A Council may publicise disciplinary action taken against a legal practitioner in any manner the Council thinks fit.
(2)  However:
(a)  the Bar Council must publicise disciplinary action taken against a barrister (including the name and other identifying particulars of the person against whom the disciplinary action was taken), and
(b)  the Law Society Council must publicise disciplinary action taken against a solicitor (including the name and other identifying particulars of the person against whom the disciplinary action was taken).
(3)  Without limiting subsection (1), it is sufficient compliance with subsection (2) if a Council provides to the Commissioner sufficient information to enable the Commissioner to exercise the Commissioner’s functions in respect of the register of disciplinary action required to be kept under this Division.
(4)  The requirement to publicise disciplinary action applies only to disciplinary action taken after the commencement of this section. However, a Council may publicise disciplinary action taken before the commencement of this section in accordance with this Division.
(5)  This section extends to disciplinary action taken outside this State, to the extent that the particulars of that disciplinary action are known to a Council.

171LC   Register of disciplinary action

(1)  The Commissioner must keep a register of disciplinary action taken against barristers and solicitors.
(2)  The register is to include the following:
(a)  the name and other identifying particulars of the person against whom the disciplinary action was taken,
(b)  particulars of the disciplinary action taken.
(3)  The register is to be made available for public inspection on the internet site of the Commissioner.
(4)  The Commissioner may, on request, provide information recorded in the register to members of the public in any other manner.
(5)  The Commissioner may correct any error in or omission from the register.
(6)  In addition to keeping the register, the Commissioner may publicise disciplinary action taken against any legal practitioner in any other manner the Commissioner thinks fit.
(7)  The requirement to keep a register of disciplinary action applies only to disciplinary action taken after the commencement of this section. However, the Commissioner may include in the register disciplinary action taken before the commencement of this section, or publicise such action in any other manner, in accordance with this Division.
(8)  This section extends to disciplinary action taken outside this State, to the extent that the particulars of that disciplinary action are known to the Commissioner.

171LD   Quashing of disciplinary action

(1)  If disciplinary action is quashed on appeal or review after the action was publicised by a Council or the Commissioner under this Division, the result of the appeal or review is to be publicised with equal prominence by the Council or Commissioner.
(2)  If a Council publicised the disciplinary action by providing information about it to the Commissioner, the Council must provide information about the result of the appeal or review to the Commissioner.
(3)  If the disciplinary action was recorded in the register kept by the Commissioner under this Division, any reference to that disciplinary action is to be removed from the register.

171LE   Liability for publicising disciplinary action

(1)  No liability is incurred by the State, the Commissioner, a Council or any person acting at the direction of the Commissioner or a Council in respect of anything done in good faith for the purpose of:
(a)  publicising disciplinary action under this Division, or
(b)  exercising the functions of the Commissioner or a Council under this Division.
(2)  No liability is incurred by a person publishing in good faith disciplinary action, or a fair report or summary of disciplinary action, recorded in a register kept by the Commissioner, or otherwise publicised by the Commissioner or a Council, under this Division.
(3)  In this section:

liability includes liability in defamation.

171LF   General

(1)  The provisions of this Division are subject to section 56 (Secrecy), but apply despite section 171P (Offence: improper disclosure of information).
(2)  The provisions of this Division are subject to any order made by the Tribunal under section 75 of the Administrative Decisions Tribunal Act 1997.
Note. Section 75 of the Administrative Decisions Tribunal Act 1997 allows the Tribunal to make an order prohibiting or restricting the disclosure of information.
(3)  If disciplinary action involves a suspension or cancellation of the practising certificate of a person, or a refusal to issue a practising certificate to a person, because of the infirmity, injury or mental or physical illness of the person, the reason for the suspension, cancellation or refusal, and any other information relating to the infirmity, injury or mental or physical illness of the person, is not to be recorded in the register kept under this Division or otherwise publicised.
(4)  Despite subsections (2) and (3), 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 publicised, and recorded in the register kept under this Division, in accordance with the requirements set out in this Division.
Top of page