Subdiv 1Legal Profession Conduct Commissioner

Subdivision 1—Legal Profession Conduct Commissioner 71—Legal Profession Conduct Commissioner (1) There will be a Legal Profession Conduct Commissioner. (2) The Commissioner will be appointed by the Governor, following consultation about the appointment by the Attorney‑General with the Society and the South Australian Bar Association Incorporated, and is an agency of the Crown. (3) Although a person appointed as Legal Profession Conduct Commissioner need not be a legal practitioner, the Commissioner must be a person who, in the opinion of the Attorney‑General— (a) is familiar with the nature of the legal system and legal practice; and (b) possesses sufficient qualities of independence, fairness and integrity. 72—Functions (1) The functions of the Commissioner are— (a) to investigate suspected unsatisfactory professional conduct or professional misconduct by legal practitioners in accordance with Subdivision 2; and (b) following an investigation, to take action authorised under Subdivision 3 or to lay charges before the Tribunal; and (c) to receive and deal with complaints of overcharging in accordance with Subdivision 4; and (d) to arrange for the conciliation of complaints in accordance with Subdivision 5; and (e) to commence disciplinary proceedings against legal practitioners or former legal practitioners in the Supreme Court on the recommendation of the Tribunal or under section 88A or 89; and (f) to carry out such other functions as are assigned to the Commissioner under this Act. (2) The Commissioner may— (a) with the approval of the Attorney‑General, fix, and require the payment of, fees in connection with the performance of functions of the Commissioner under this Act; and (b) waive the payment of, or refund, the whole or part of a fee fixed under paragraph (a). (3) The Commissioner may exercise any of his or her functions or powers in relation to a person who is a former legal practitioner if, at the time of the alleged unsatisfactory professional conduct, professional misconduct or overcharging, the person was a legal practitioner. (4) The Commissioner may be represented in proceedings before any court or tribunal by a legal practitioner employed or engaged by the Commissioner. 73—Terms and conditions of appointment (1) The Commissioner will be appointed for a term not exceeding 5 years and on conditions determined by the Governor and, at the end of a term of appointment, will be eligible for reappointment. (2) The appointment of the Commissioner may be terminated by the Governor on the ground that the Commissioner— (a) has been guilty of misconduct; or (b) has been convicted of an offence punishable by imprisonment; or (c) has become bankrupt or has applied to take the benefit of a law for the relief of insolvent debtors; or (d) has been disqualified from managing corporations under Chapter 2D Part 2D.6 of the Corporations Act 2001 of the Commonwealth; or (e) has, because of mental or physical incapacity, failed to carry out duties of the position satisfactorily; or (f) is incompetent or has neglected the duties of the position. (3) The appointment of the Commissioner is terminated if the Commissioner— (a) becomes a member, or a candidate for election as a member, of the Parliament of this State or any other State of the Commonwealth or of the Commonwealth or of a Legislative Assembly of a Territory of the Commonwealth; or (b) is sentenced to imprisonment for an offence. (4) The Commissioner may resign by notice in writing to the Minister of not less than 3 months (or such shorter period as is accepted by the Minister). 74—Acting Commissioner (1) The Minister may appoint a person (who may be a Public Service employee) to act as the Commissioner during any period for which no person is for the time being appointed as the Commissioner or the Commissioner is absent from, or unable to discharge, official duties. (2) The terms and conditions of appointment of a person appointed to act as the Commissioner will be determined by the Minister. 75—Honesty and accountability The Commissioner and any person appointed to act as the Commissioner are senior officials for the purposes of the Public Sector (Honesty and Accountability) Act 1995. 76—Staff of Commissioner The Commissioner may appoint staff to assist in carrying out the Commissioner's functions. 77—Delegation (1) The Commissioner may delegate to a person (including a person for the time being performing particular duties or holding or acting in a particular position) a function or power under this or any other Act. (2) A delegation— (a) must be by instrument in writing; and (b) may be absolute or conditional; and (c) does not derogate from the power of the delegator to act in a matter; and (d) is revocable at will. (3) A delegated function or power may, if the instrument of delegation so provides, be further delegated in accordance with that instrument. (4) For the purposes of section 17(1)(c)(ii) of the Public Sector (Honesty and Accountability) Act 1995, delegation by the Commissioner of a function or power under this section because of a pecuniary or other personal interest that conflicts or may conflict with the Commissioner's duties does not constitute taking action in relation to the matter the subject of the delegation. 77A—Exchange of information between Commissioner and Council (1) The Commissioner and the Council may enter into an agreement or arrangement providing for the exchange of information relating to legal practitioners. (2) An agreement or arrangement must be reduced to writing and be approved by the Attorney‑General.