South Australian Consolidated Acts

LEGAL PRACTITIONERS ACT 1981 - SECT 77AB

77AB—Powers of Board in relation to minor misconduct

        (1)         If, after conducting an investigation into conduct by a legal practitioner under this Division, the Board is satisfied that—

            (a)         there is evidence of unprofessional or unsatisfactory conduct by the legal practitioner; but

            (b)         the misconduct in question was relatively minor and can be adequately dealt with under this subsection,

the Board may, if the legal practitioner consents to such a course of action, determine not to lay charges before the Tribunal and may instead exercise any one or more of the following powers:

            (c)         reprimand the legal practitioner;

            (d)         make an order imposing conditions on the legal practitioner's practising certificate (whether a practising certificate under this Act or an interstate practising certificate)—

                  (i)         relating to the practitioner's legal practice; or

                  (ii)         requiring that the legal practitioner, within a specified time, complete further education or training, or receive counselling, of a type specified by the Board;

            (e)         make an order requiring that the legal practitioner make a specified payment (whether to a client of the practitioner or to any other person) or do or refrain from doing a specified act in connection with legal practice.

        (2)         The Board may, in determining whether to exercise a power under this section in relation to a legal practitioner, take into account any previous action under this section or finding by the Tribunal or the Supreme Court of unprofessional or unsatisfactory conduct relating to the practitioner.

        (3)         An order under this section must be reduced to writing and be signed—

            (a)         by the legal practitioner to whom it relates; and

            (b)         on behalf of the Board.

        (4)         A condition imposed on a practising certificate or interstate practising certificate by an order under this section may be varied or revoked at any time on application by the legal practitioner to the Tribunal.

        (5)         An apparently genuine document purporting to be a copy of an order under this section and providing for the payment of a monetary sum by a legal practitioner, will be accepted in legal proceedings, in the absence of proof to the contrary, as proof of such a debt.

        (6)         A contravention of or non-compliance with an order under this section is unprofessional conduct.

Subdivision 4—Complaints of overcharging