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Legal Profession Act 2006
413Summary conclusion of complaint procedure by fine etc
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413 Summary conclusion of complaint procedure by fine etc
(1) This section applies if the relevant council for an Australian legal
(a) completes an investigation of a complaint against the
(b) is satisfied that there is a reasonable likelihood that the
practitioner will be found guilty by the ACAT of unsatisfactory
professional conduct (but not professional misconduct); and
(c) is satisfied that the practitioner is generally competent and
diligent; and
(d) is satisfied that the unsatisfactory professional conduct can be
adequately dealt with under this section.
(2) The relevant council may do all or any of the following:
(a) caution the Australian legal practitioner;
(b) publicly reprimand the Australian legal practitioner or, if there
are special circumstances, privately reprimand the practitioner;
(c) make a compensation order under part 4.8 if the complainant
requested a compensation order in relation to the complaint;
(d) direct the practitioner to do all or any of the following:
(i) stop accepting, for a stated time, instructions in relation to
stated work;
(ii) stop employing a stated person in the practitioner’s
(iii) undertake stated further legal education;
(iv) seek advice in relation to the management of the
practitioner’s practice from a stated person;
(e) impose a fine on the practitioner of a stated amount.
(3) The maximum amount that can be imposed by way of fine is $10 000.
(4) A fine is payable to the relevant council in the way and within the
reasonable period required by the relevant council.
(5) If an amount is received by a council as complete or partial payment
of a fine imposed under this section, the council must pay the amount
into a statutory interest account.
(6) The Australian legal practitioner must not fail to pay a fine imposed
under this section in accordance with the requirements of the relevant
(7) If action is taken under subsection (2), further action must not be
taken under this chapter in relation to the complaint.