Part 6Investigations, inquiries and disciplinary proceedings

Part 6—Investigations, inquiries and disciplinary proceedings Division 1—Preliminary 67B—Application of Part This Part does not apply to the conduct of a legal practitioner or former legal practitioner— (a) who is a judicial officer (within the meaning of the Judicial Conduct Commissioner Act 2015) acting in his or her capacity as a judicial officer; or (b) who is the Commissioner acting in his or her capacity as Commissioner; or (c) insofar as the practitioner is exercising a function or power of the Commissioner in accordance with a delegation under section 77; or (d) who is— (i) a member of the Commissioner's staff; and (ii) acting in his or her capacity as a member of the Commissioner's staff, (but nothing in this paragraph is to be taken to exclude the application of this Part to the conduct of a member of the Commissioner's staff that relates to the member's conduct in appearing on behalf of the Commissioner in proceedings before the Tribunal or the Supreme Court); or (e) holding or acting in the office of the Commissioner or the Deputy Commissioner under the Independent Commission Against Corruption Act 2012. 68—Unsatisfactory professional conduct In this Act— unsatisfactory professional conduct includes conduct of a legal practitioner occurring in connection with the practice of law that falls short of the standard of competence and diligence that a member of the public is entitled to expect of a reasonably competent legal practitioner. 69—Professional misconduct In this Act— professional misconduct includes— (a) unsatisfactory professional conduct of a legal practitioner, where the conduct involves a substantial or consistent failure to reach or maintain a reasonable standard of competence and diligence; and (b) conduct of a legal practitioner whether occurring in connection with the practice of law or occurring otherwise than in connection with the practice of law that would, if established, justify a finding that the practitioner is not a fit and proper person to practise the profession of the law. 70—Conduct capable of constituting unsatisfactory professional conduct or professional misconduct Without limiting section 68 or 69, the following conduct is capable of constituting unsatisfactory professional conduct or professional misconduct: (a) conduct consisting of a contravention of this Act, the regulations or the legal profession rules; (b) charging of excessive legal costs in connection with the practice of law; (c) conduct in respect of which there is a conviction for— (i) a serious offence; or (ii) a tax offence; or (iii) an offence involving dishonesty; (d) conduct of a legal practitioner as or in becoming an insolvent under administration; (e) conduct of a legal practitioner in becoming disqualified from managing or being involved in the management of any corporation under the Corporations Act 2001 of the Commonwealth; (f) conduct of a legal practitioner in failing to comply with an order of the Tribunal made under this Act or an order of a corresponding disciplinary body made under a corresponding law (including but not limited to a failure to pay wholly or partly a fine imposed under this Act or a corresponding law); (g) conduct of a legal practitioner in failing to comply with a compensation order made under this Act or a corresponding law; (h) conduct of a legal practitioner in failing to comply with the terms of a professional mentoring agreement entered into with the Society. Division 2—Legal Profession Conduct Commissioner