Subdiv 5Conciliation

Subdivision 5—Conciliation 77O—Commissioner may conciliate complaints (1) The Commissioner may, at any time, arrange for a conciliation to be conducted in relation to a matter before the Commissioner. (2) Nothing said or done in the course of a conciliation under this section can subsequently be given in evidence in any proceedings (other than proceedings for a criminal offence). (3) A person who has been involved in a conciliation in relation to a matter under this section is disqualified from investigating or further investigating the matter and from otherwise dealing with the matter. (4) If agreement is reached through a conciliation under this section— (a) the agreement must be recorded in writing and signed by the parties to the agreement and the Commissioner or on behalf of the Commissioner by a person authorised by the Commissioner for the purpose; and (b) a copy of the agreement must be given to each of the parties. (5) An apparently genuine document purporting to be an agreement signed in accordance with this section and providing for the payment of a monetary sum by a party to the agreement, will be accepted in legal proceedings, in the absence of proof to the contrary, as proof of such a debt. (6) If a legal practitioner contravenes or fails to comply with the terms of an agreement reached following conciliation under this section, the contravention or non‑compliance is professional misconduct. (7) The fact that a conciliation is conducted or an agreement is reached in relation to a matter does not prevent investigation or further investigation or the laying of a charge in relation to conduct to which the matter relates. Division 3—The Legal Practitioners Disciplinary Tribunal 78—Establishment of Tribunal (1) The Legal Practitioners Disciplinary Tribunal is established. (2) There will be 15 members of the Tribunal appointed by the Governor on the nomination of the Chief Justice of whom— (a) 10 must be legal practitioners; and (b) 5 must be persons who are not legal practitioners but who are familiar with the nature of the legal system and legal practice. (3) A person is not eligible for appointment as a member of the Tribunal under subsection (2)(a) unless that person is a legal practitioner of at least 5 years standing (taking into account, for that purpose, periods of legal practice and judicial service within and outside the State). (4) One member of the Tribunal who is a legal practitioner will be appointed, on the nomination of the Chief Justice, to be the presiding member of the Tribunal, and another member who is a legal practitioner will be appointed by the Governor, on the nomination of the Chief Justice, to be the deputy of that member. (5) The deputy may, in the absence of the presiding member, exercise any powers conferred by this Act on the presiding member. 79—Conditions of membership (1) Subject to this Act, a member of the Tribunal will be appointed for a term of office of three years and, on the expiration of a term of office, is eligible for reappointment. (3) The Governor may remove a member of the Tribunal from office for— (a) mental or physical incapacity to carry out official duties satisfactorily; or (b) neglect of duty; or (c) dishonourable conduct. (4) The office of a member of the Tribunal becomes vacant if the member— (a) dies; or (b) completes a term of office; or (c) resigns by written notice addressed to the Attorney-General; or (d) ceases to be a legal practitioner or is disciplined under this Act or by the Supreme Court or under an Act or law of another State or Territory of the Commonwealth for regulating the conduct of persons practising the profession of the law; or (e) is removed from office by the Governor pursuant to subsection (3). (5) On the office of a member of the Tribunal becoming vacant a person will be appointed, in accordance with this Act, to the vacant office. (6) A member of the Tribunal who completes his or her term of office and is not reappointed may continue to act as a member of the Tribunal for the purpose of completing the hearing and determination of proceedings part-heard at completion of the term. 80—Constitution and proceedings of Tribunal (1) Subject to subsection (1a), in relation to proceedings instituted before the Tribunal alleging professional misconduct by a legal practitioner, the Tribunal consists of a panel of three of its members chosen by the presiding member to constitute the Tribunal for the purposes of those proceedings (one of whom may be the presiding member). (1a) In relation to— (a) proceedings instituted before the Tribunal alleging professional misconduct by a legal practitioner where— (i) the charge is laid by the Commissioner; and (ii) the Commissioner indicates to the Tribunal when laying the charge that, in the opinion of the Commissioner, the alleged misconduct does not warrant any of the following orders: (A) an order that the legal practitioner's name be struck off the roll of legal practitioners; (B) an order suspending the practitioner's practising certificate for a period exceeding 3 months; (C) an order that the legal practitioner pay a fine exceeding $10 000; or (b) proceedings instituted before the Tribunal alleging only unsatisfactory professional conduct by a legal practitioner; or (c) proceedings on an appeal against a determination of the Commissioner under section 77J, the Tribunal consists of 1 of its members chosen by the presiding member to constitute the Tribunal for the purposes of those proceedings (and that member may be the presiding member). (1b) Despite subsections (1) and (1a), the Tribunal may, for the purposes of dealing with a procedural or interlocutory matter or an application for an extension of time, consist of 1 of its members chosen by the presiding member to constitute the Tribunal or be otherwise constituted as determined by the presiding member. (1ba) The Tribunal may, if it thinks fit, hear and determine an application for an extension of time for the laying of a charge when it hears and determines proceedings in relation to the charge. (1c) The Tribunal when constituted of a panel of 3 of its members must include at least 1 member who is a legal practitioner and at least 1 member who is not a legal practitioner but when the Tribunal consists of only 1 of its members the member constituting the Tribunal must be a legal practitioner. (2) Where the presiding member is a member of a panel chosen under subsection (1), the member will preside at the proceedings, and in any other case a member of the panel nominated by the presiding member will preside. (3) The Tribunal separately constituted under this section in respect of separate proceedings may sit contemporaneously to hear and determine those separate proceedings. (4) If, before proceedings are finalised, a member of a panel chosen under subsection (1) dies or is otherwise unable to continue acting, the two remaining members of the panel may continue to hear and determine the proceedings. (4a) The Tribunal, when constituted of a panel of three, may decide matters by majority decision of its members. (4b) If the Tribunal is completing the hearing and determination of proceedings in relation to a charge with two members only under subsection (4), a decision of the Tribunal must be arrived at unanimously (and if a decision cannot be arrived at unanimously the charge may be relaid). (5) Subject to this Act, the proceedings of the Tribunal will be conducted in such manner as the Tribunal determines. 81—Validity of acts of the Tribunal and immunity of its members (1) An act or proceeding of the Tribunal is not invalid by reason only of a vacancy in its membership, and, notwithstanding the subsequent discovery of a defect in the nomination or appointment of a member, any such act or proceeding is as valid and effectual as if the member had been duly nominated or appointed. (2) No liability attaches to a member of the Tribunal for any act or omission by the member, or by the Tribunal, in good faith and in the exercise or purported exercise of functions, or in the discharge or purported discharge of duties under this Act. Division 4—Proceedings before the Tribunal 82—Inquiries (1) Subject to this section, a charge may be laid under this section alleging unsatisfactory professional conduct or professional misconduct— (a) on the part of any legal practitioner; or (b) on the part of any former legal practitioner who was at the time of the alleged unsatisfactory professional conduct or professional misconduct a legal practitioner. (1a) A charge may not be laid before the Tribunal relating to conduct by a legal practitioner or former legal practitioner if the Commissioner has exercised a power under section 77J in relation to the conduct. (2) A charge may be laid under this section by— (a) the Attorney-General; or (b) the Commissioner; or (c) the Society; or (d) a person claiming to be aggrieved by reason of the alleged unsatisfactory professional conduct or professional misconduct. (2a) A charge may not be laid before the Tribunal more than 5 years after the day on which the person laying the charge became aware of the conduct to which the charge relates unless— (a) the charge is laid by the Attorney‑General; or (b) the Tribunal allows an extension of time. (2c) A charge may be laid before the Tribunal despite the fact that criminal proceedings have been or are to be commenced in relation to a matter to which the charge relates. (3) A charge laid under this section must be in the form prescribed by rules under this Division. (4) Where a charge has been laid under this section, the Tribunal must, subject to subsection (5), inquire into the conduct of the legal practitioner or former legal practitioner to whom the charge relates. (5) The Tribunal may summarily dismiss any charge that it considers frivolous or vexatious and may, for the purpose of dealing with such a charge, consist of 1 member. (6) If after conducting an inquiry under this section the Tribunal is satisfied— (a) that a legal practitioner is guilty of unsatisfactory professional conduct or professional misconduct it may exercise any one or more of the following powers: (i) it may reprimand the legal practitioner; (ib) it may make orders with respect to the examination of the legal practitioner's files and records by a person approved by the Tribunal (at the expense of the legal practitioner) at the intervals, and for the period, specified in the order; (ii) it may order the legal practitioner to pay a fine not exceeding— (A) $50 000; or (B) if the Tribunal is constituted of 1 member in accordance with section 80(1a)(a)—$10 000; (iii) it may make an order imposing conditions on the legal practitioner's practising certificate (whether a practising certificate under this Act or an interstate practising certificate)— (A) relating to the practitioner's legal practice (provided that, in the case of an order made without the consent of the practitioner, such conditions must not operate for a period exceeding 12 months); or (B) requiring that the legal practitioner, within a specified time, complete further education or training, or receive counselling, of a specified type; (iv) it may make an order suspending the legal practitioner's practising certificate (whether a practising certificate under this Act or an interstate practising certificate) until the end of the period specified in the order, not exceeding— (A) 12 months; or (B) if the Tribunal is constituted of 1 member in accordance with section 80(1a)(a)—3 months; (v) it may, unless constituted of 1 member in accordance with section 80(1a)(a), recommend that disciplinary proceedings be commenced against the legal practitioner in the Supreme Court; or (b) that a former legal practitioner was, while he or she remained a legal practitioner, guilty of professional misconduct—it may order the former legal practitioner to pay a fine not exceeding— (i) $50 000; or (ii) if the Tribunal is constituted of 1 member in accordance with section 80(1a)(a)—$10 000; or (c) that a former legal practitioner was, while he or she remained a legal practitioner, guilty of unsatisfactory professional conduct—it may order the former legal practitioner to pay a fine not exceeding— (i) $25 000; or (ii) if the Tribunal is constituted of 1 member in accordance with section 80(1a)(a)—$5 000. (6b) A condition imposed on a practising certificate or interstate practising certificate pursuant to an order under this section may be varied or revoked at any time on application by the legal practitioner. (7) After completing an inquiry under this section, the Tribunal must transmit the evidence taken by the Tribunal on the inquiry together with a memorandum of its findings to the Attorney-General, the Society and the Commissioner. (8) If, after conducting an inquiry into a charge alleging professional misconduct by a person who is a legal practitioner or former legal practitioner, the Tribunal— (a) is not satisfied that the person is guilty of professional misconduct; but (b) is satisfied that the person is guilty of unsatisfactory professional conduct, the Tribunal must find the person not guilty of professional misconduct, but may find the person guilty of unsatisfactory professional conduct. 83—Notice of inquiry (1) The Tribunal must give to a legal practitioner or former legal practitioner whose conduct is subject to inquiry under this Part, and to any person on whose application an inquiry is to be held, not less than seven days written notice of the time and place at which it intends to conduct the inquiry, and must afford any such person a reasonable opportunity to call and give evidence, to examine or cross-examine witnesses, and to make submissions to the Tribunal. (2) If a person to whom notice has been given pursuant to subsection (1) does not attend at the time and place fixed by the notice, the Tribunal may proceed with the inquiry in the person's absence. (3) A person whose conduct is subject to an inquiry under this Part is entitled to be represented at the inquiry by counsel. 84—Powers of Tribunal (1) For the purposes of an inquiry under this Part, the Tribunal may— (a) by summons signed on behalf of the Tribunal by a member of the Tribunal, require the attendance before the Tribunal of any person (including a party to the proceedings) whom the Tribunal thinks fit to call before it; or (b) by summons signed on behalf of the Tribunal by a member of the Tribunal, require the production of documents; or (c) inspect any documents produced before it, and retain them for such reasonable period as it thinks fit, and make copies of any of them, or of any of their contents; or (d) require any person to make an oath or affirmation to truly answer all questions put by the Tribunal, or by any person appearing before the Tribunal, relevant to any matter being inquired into by the Tribunal (which oath or affirmation may be administered by any member of the Tribunal); or (e) require any person appearing before the Tribunal (whether summoned to appear or not) to answer any relevant question put by any member of the Tribunal, or by any other person appearing before the Tribunal; or (f) require any person appearing before the Tribunal (whether summoned to appear or not) to prepare a document (including an itemised bill (within the meaning of Schedule 3)) as reasonably directed by the Tribunal, or to comply with any other reasonable direction issued by the Tribunal in furtherance of the inquiry. (2) A summons may be issued under subsection (1) on the application of a party to proceedings before the Tribunal, notwithstanding that the Tribunal has not met to authorise the issue of the summons. (3) If a person— (a) who has been served with a summons to attend before the Tribunal, neglects or fails without reasonable excuse to attend in obedience to the summons; or (b) who has been served with a summons to produce any documents neglects or fails without reasonable excuse to comply with the summons; or (c) misbehaves before the Tribunal, wilfully insults the Tribunal or any member of the Tribunal, or interrupts the proceedings of the Tribunal; or (d) refuses to be sworn or to affirm or to answer any relevant question when required to do so by the Tribunal; or (e) neglects or fails without reasonable excuse to comply with any other reasonable requirement of the Tribunal, the person is guilty of an offence. (4) If a person summoned as mentioned in subsection (1) refuses or fails to attend before the Tribunal as required by the summons, or having attended refuses to be sworn or to affirm, or to answer any relevant question when required to do so by the Tribunal, a certificate of the refusal or failure, signed by a member of the Tribunal, may be filed in the Supreme Court. (5) Where a certificate has been filed under subsection (4), a party requiring the attendance of the person may apply to the Supreme Court for an order directing that person to attend, or to be sworn or to affirm, or to answer questions (as the case may require), and on that application the Court may make such orders as it thinks fit (including orders for costs). (6) The Court may require that notice be given of an application under subsection (5) to the person against whom the order is sought or any other person (but an order may be made, if the Court thinks fit, although no notice has been given of the application). (7) In the course of an inquiry, the Tribunal may— (a) receive in evidence a transcript of evidence taken in proceedings before a court or tribunal of any State or the Commonwealth (and any exhibits referred to in such a transcript), and draw any conclusions of fact from the evidence that it considers proper; (b) adopt, as in its discretion it considers proper, any findings, decision, judgment, or reasons for judgment, of any such court or tribunal that may be relevant to the proceedings. 84A—Proceedings to be generally in public (1) Subject to subsection (2), an inquiry under this Part must be held in public. (2) The Tribunal may order that an inquiry or part of an inquiry be conducted in private if satisfied that it is necessary to do so in the interests of justice or in order to protect the privacy of clients of the legal practitioner or former legal practitioner whose conduct is the subject of the inquiry. (3) If proceedings of the inquiry are held in private, the Tribunal must prepare a summary of the proceedings containing such information as may be disclosed consistently with the interests of justice and the need to protect the privacy of clients. (4) A copy of any such summary must be made available on request at the Tribunal's public office for inspection by any interested member of the public. 84B—Tribunal's proceedings to be privileged Anything said or done in the course of the Tribunal's proceedings is protected by absolute privilege. 84C—Stay of proceedings (1) The Tribunal may, if it thinks fit, stay any proceedings before the Tribunal until further order on such terms as it considers proper. (2) If proceedings are stayed, the legal practitioner's practising certificate (whether a practising certificate under this Act or an interstate practising certificate) is suspended until the proceedings are completed unless the Tribunal considers that there is good reason for not suspending the certificate and orders accordingly. (3) If a legal practitioner's practising certificate is suspended under subsection (2), the Supreme Court may, on application by the practitioner, terminate the suspension. 85—Costs (1) The Tribunal may make such orders as to costs against any person on whose application an inquiry has been held, or against any legal practitioner or former legal practitioner whose conduct has been subject to inquiry, as the Tribunal considers just and reasonable. (1a) If— (a) the Commissioner has laid a charge under section 82 alleging unsatisfactory professional conduct or professional misconduct on the part of a legal practitioner or former legal practitioner who has refused to consent to the exercise of a power by the Commissioner under section 77J in relation to the alleged unsatisfactory professional conduct or professional misconduct; and (b) the Tribunal finds the legal practitioner or former legal practitioner guilty of unsatisfactory professional conduct or professional misconduct; and (c) the Tribunal considers that the refusal of the legal practitioner or former legal practitioner to consent to the exercise of the power by the Commissioner was unreasonable, the Tribunal may order the legal practitioner or former legal practitioner to reimburse the Commissioner for costs incurred by the Commissioner in the conduct of the proceedings except to the extent that the legal practitioner or former legal practitioner shows them to have been unreasonably incurred. (2) Costs of proceedings before the Tribunal may be adjudicated in the Supreme Court. (3) Where the Tribunal has ordered payment of a fine or costs, a certificate of the fine or costs must be filed in the Supreme Court. (4) Where a certificate has been filed under subsection (3), proceedings may be taken for the recovery of the fine or costs as if the certificate were a judgment of the Supreme Court. 86—Appeal (1) Subject to subsection (2), a right of appeal to the Supreme Court lies against a decision of the Tribunal made in the exercise or purported exercise of powers or functions under this Act. (2) An appeal must be instituted within one month of the date on which the appellant is notified of the decision unless the Supreme Court is satisfied that there is good reason to dispense with the requirement that the appeal should be so instituted. (3) The Supreme Court may, on the hearing of an appeal exercise any one or more of the following powers, as the case requires: (a) affirm, vary, quash or reverse the decision subject to the appeal and administer any reprimand, or make any order, that should have been administered or made in the first instance; (b) remit the subject matter of the appeal to the Tribunal for further hearing or consideration or for rehearing; (c) make any further or other order as to costs or any other matter that the case requires. 87—Operation of order may be suspended (1) Where an order has been made by the Tribunal, and the Tribunal or the Supreme Court is satisfied that an appeal against the order has been instituted, or is intended, it may suspend the operation of the order, until the determination of the appeal. (2) Where the Tribunal has suspended the operation of an order under subsection (1), the Tribunal may terminate the suspension, and where the Supreme Court has done so, the Supreme Court may terminate the suspension. 88—Rules of the Tribunal Any three or more Judges of the Supreme Court may make rules for any of the following purposes: (a) regulating the practice and procedure of the Tribunal; (b) conferring on the Tribunal any additional powers necessary or expedient for carrying out its functions; (c) making any other provision that is necessary or expedient for carrying into effect the provisions of this Part relating to the Tribunal. Division 5—Disciplinary proceedings before the Supreme Court 88A—Supreme Court's inherent jurisdiction (1) This Part does not derogate from the inherent jurisdiction of the Supreme Court to control and discipline legal practitioners. (2) Without limiting the operation of subsection (1), the Court may act under its inherent jurisdiction to control and discipline legal practitioners on the application of the Attorney‑General, the Commissioner or the Society. 89—Proceedings before Supreme Court (1) Where the Tribunal after conducting an inquiry into the conduct of a legal practitioner recommends that disciplinary proceedings be commenced against the legal practitioner in the Supreme Court, the Commissioner, the Attorney-General or the Society may institute disciplinary proceedings in the Supreme Court against the legal practitioner. (1a) If the Commissioner is of the opinion that the name of a legal practitioner should be struck off the roll of legal practitioners maintained under this Act or the roll kept in a participating State that corresponds to the roll maintained under this Act because the practitioner has been found guilty of a serious offence, or for any other reason, the Commissioner may, without laying a charge before the Tribunal, institute disciplinary proceedings in the Supreme Court against the practitioner. (1b) If— (a) — (i) a recommendation is made by the Tribunal that disciplinary proceedings be commenced against a legal practitioner in the Supreme Court; or (ii) the Commissioner has advised a legal practitioner in writing of his or her intention to institute disciplinary proceedings against the legal practitioner in the Supreme Court; and (b) the legal practitioner informs the Court in writing that he or she would consent to an order that his or her name be struck off the roll of legal practitioners maintained under this Act or the roll kept in a participating State that corresponds to the roll maintained under this Act, the Court may, despite the fact that disciplinary proceedings have not been instituted, order that the name of the legal practitioner be struck off the roll maintained under this Act or kept in the other State (as appropriate). (2) In any disciplinary proceedings against a legal practitioner (whether instituted under this section or not) the Supreme Court may exercise any one or more of the following powers: (a) it may reprimand the legal practitioner; (b) it may 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 specified type; (c) it may make an order suspending the legal practitioner's practising certificate (whether a practising certificate under this Act or an interstate practising certificate) until the end of the period specified in the order or until further order; (d) it may order that the name of the legal practitioner be struck off the roll of legal practitioners maintained under this Act or the roll kept in a participating State that corresponds to the roll maintained under this Act; (e) it may make any other order (including an order as to the costs of proceedings before the Court and the Tribunal) that it considers just. (4) In any disciplinary proceedings the Supreme Court may refer any matter to a Judge or Associate Justice, or to the Tribunal, for investigation and report. (5) In any disciplinary proceedings— (a) the Supreme Court may, without further inquiry, accept and act on any findings of the Tribunal or of a Judge or Associate Justice to whom a matter has been referred for investigation and report under subsection (4); and (b) the Supreme Court may— (i) receive in evidence a transcript of evidence taken in any proceedings before a court of any State and draw any conclusions of fact from the evidence that it considers proper; (ii) adopt, as in its discretion it considers proper, any findings, decision, judgment or reasons for judgment of any such court that may be relevant to the proceedings. (6) Where the Supreme Court is satisfied, on the application of the Commissioner, the Attorney-General or the Society, that a legal practitioner is disqualified or suspended from practice under the law of any other State (whether or not that State is a participating State), it may, without further inquiry, impose a corresponding disqualification or suspension under the provisions of this section. 89A—Court may order interim suspension of legal practitioner or impose interim conditions If— (a) disciplinary proceedings have been instituted against a legal practitioner before the Tribunal or the Supreme Court or a legal practitioner has been charged with or convicted of a criminal offence; and (b) the Supreme Court is satisfied that the circumstances are such as to justify invoking the provisions of this section, the Supreme Court may, on its own initiative or on the application of the Commissioner, the Attorney-General or the Society, make an interim order— (c) imposing conditions on the legal practitioner's practising certificate (whether a practising certificate under this Act or an interstate practising certificate) relating to the practitioner's legal practice; or (d) suspending the legal practitioner's practising certificate (whether a practising certificate under this Act or an interstate practising certificate), until disciplinary proceedings against the practitioner have been finalised or until further order. Division 6—Publicising disciplinary action 89B—Definitions In this Division— disciplinary action means— (a) the making of an order by a court or tribunal for or following a finding of unsatisfactory professional conduct or professional misconduct by a legal practitioner or former legal practitioner under this Act or under a corresponding law; or (ab) the making of an order by the Supreme Court suspending a legal practitioner's practising certificate; or (b) the exercise by the Commissioner or a corresponding authority of a power under section 77J or a corresponding law where the Commissioner or corresponding authority is satisfied that there is evidence of unsatisfactory professional conduct or professional misconduct by a legal practitioner; or (c) any of the following actions taken under this Act or under a corresponding law, following a finding by a court or tribunal of unsatisfactory professional conduct or professional misconduct by a legal practitioner: (i) removal of the name of the practitioner from a roll of legal practitioners maintained under this Act or a corresponding law; (ii) the suspension or cancellation of the practising certificate of the practitioner; (iii) the refusal to issue or renew a practising certificate to the practitioner; (iv) the appointment of— (A) a supervisor of trust money of the practitioner's practice; or (B) a receiver for the practitioner's practice; or (C) a manager for the practitioner's practice; (d) removal of the name of a practitioner from the roll of legal practitioners maintained under this Act pursuant to section 89(1b); Register means the Register of Disciplinary Action referred to in section 89C. 89C—Register of Disciplinary Action (1) The Commissioner is to maintain a register (the Register of Disciplinary Action) of— (a) disciplinary action taken in relation to professional misconduct under this Act against legal practitioners and former legal practitioners; and (b) disciplinary action taken in relation to professional misconduct under a corresponding law against legal practitioners and former legal practitioners who are or were enrolled or practising the law in this State when the conduct that is the subject of the disciplinary action occurred. (2) The Commissioner may also include in the Register— (a) disciplinary action taken in relation to unsatisfactory professional conduct under this Act against legal practitioners and former legal practitioners; and (b) disciplinary action taken in relation to unsatisfactory professional conduct under a corresponding law against legal practitioners and former legal practitioners who are or were enrolled or practising the law in this State when the conduct that is the subject of the disciplinary action occurred; and (c) disciplinary action consisting of the removal of the name of a legal practitioner from the roll of legal practitioners maintained under this Act pursuant to section 89(1b). (3) The following particulars are to be included when information about disciplinary action is entered into the Register: (a) the full name of the person against whom the disciplinary action was taken; (b) the person's business address or former business address; (c) the person's home jurisdiction or most recent home jurisdiction; (d) particulars of the disciplinary action taken; (e) other particulars prescribed by the regulations or determined by the Commissioner. (4) The Register may be kept in a form determined or identified by the Commissioner and may form part of other registers. (5) The Register is to be made available for public inspection on— (a) the Internet site of the Commissioner; or (b) an Internet site identified on the Internet site of the Commissioner. (6) Information recorded in the Register may be provided to members of the public in any other manner approved by the Commissioner. (7) The Commissioner may cause any error in or omission from the Register to be corrected. (7a) The Commissioner may cause information about disciplinary action to be removed from the Register in the circumstances prescribed by regulation (if any). (8) The requirement to keep the Register applies only in relation to disciplinary action taken after the commencement of this section, but details relating to earlier disciplinary action may be included in the Register. 89D—Other means of publicising disciplinary action (1) The Commissioner may publicise disciplinary action taken against a legal practitioner or former legal practitioner in any manner the Commissioner thinks fit. (2) Nothing in this section affects the provisions of this Division relating to the Register. 89E—Quashing of disciplinary action (1) If disciplinary action is quashed on appeal or review, any reference to that disciplinary action must be removed from the Register. (2) If disciplinary action is quashed on appeal or review after the action was publicised by the Commissioner under section 89D, the result of the appeal or review must be publicised with equal prominence by the Commissioner. 89F—Liability for publicising disciplinary action (1) No liability is incurred by a protected person in respect of anything done or omitted to be done in good faith for the purpose of— (a) publicising disciplinary action taken against a legal practitioner or former legal practitioner; or (b) exercising the powers or functions of the Commissioner under this Division; or (c) keeping, publishing or enabling access to the Register. (2) Without limiting subsection (1), no liability (including liability in defamation) is incurred by a person publishing in good faith— (a) information about disciplinary action— (i) recorded in the Register; or (ii) otherwise publicised by the Commissioner under this Division, or matter purporting to contain information of that kind where the matter is incorrect in any respect; or (b) a fair report or summary of information referred to in paragraph (a). (a) the Crown; or (b) the Society; or (c) the Council; or (d) an officer, employee or agent of the Society; or (e) the Commissioner; or (f) an employee or agent of the Commissioner; or (g) a person responsible for keeping the whole or any part of the Register; or (h) an Internet service provider or Internet content host; or (i) a person acting at the direction of the State or of any person or body referred to in this definition. 90—General (1) The provisions of this Division are subject to any order made by— (a) the Supreme Court or the Tribunal in relation to disciplinary action taken under this Part; or (b) a corresponding disciplinary body in relation to disciplinary action taken under provisions of a corresponding law that correspond to this Part; or (c) a court or tribunal of this or another jurisdiction, so far as the order prohibits or restricts the disclosure of information. (2) Despite subsection (1), 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 recorded in the Register in accordance with the requirements of this Division and may be otherwise publicised under this Division.