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Legal Profession Act 2006
425ACAT orders—Australian legal practitioners
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425 ACAT orders—Australian legal practitioners
(1) If, after the ACAT has finished considering an application under this
part in relation to an Australian legal practitioner, the ACAT is
satisfied that the practitioner is guilty of unsatisfactory professional
conduct or professional misconduct, the ACAT may—
(a) make 1 or more of the orders mentioned in subsections (3)
to (5); or
(b) any other order it considers appropriate.
(2) The ACAT may find an Australian legal practitioner guilty of
unsatisfactory professional conduct even though the complaint or
charge alleged professional misconduct.
(3) The ACAT may make the following orders in relation to the
(a) an order recommending that the name of the practitioner be
removed from the local roll;
(b) an order that the practitioner’s local practising certificate be
suspended for a stated period or cancelled;
(c) an order that a local practising certificate not be granted to the
practitioner before the end of a stated period;
(d) an order that—
(i) stated conditions be imposed on the practitioner’s
practising certificate granted or to be granted under this
(ii) the conditions be imposed for a stated period; and
(iii) states the time (if any) after which the practitioner may
apply to the ACAT for the conditions to be amended or
removed;
(e) an order publicly reprimanding the practitioner or, if there are
special circumstances, privately reprimanding the practitioner.
(4) The ACAT may make the following orders in relation to the
(a) an order recommending that the name of the practitioner be
removed from an interstate roll;
(b) an order recommending that the practitioner’s interstate
practising certificate be suspended for a stated period or
cancelled;
(c) an order recommending that an interstate practising certificate
not be granted to the practitioner before the end of a stated
period;
(d) an order recommending—
(i) that stated conditions be imposed on the practitioner’s
interstate practising certificate; and
(ii) that the conditions be imposed for a stated period; and
(iii) a stated time (if any) after which the practitioner may apply
to the ACAT for the conditions to be amended or removed.
(5) The ACAT may make the following orders in relation to the
(a) an order that the practitioner pay a fine of a stated amount of not
more than the amount mentioned in section 427;
(b) an order that the practitioner undertake and complete a stated
course of further legal education;
(c) an order that the practitioner undertake a stated period of
practice under stated supervision;
(d) an order that the practitioner do or not do something in relation
to the practice of law;
(e) an order that the practitioner cease to accept instructions as a
public notary in relation to notarial services;
(f) an order that the practitioner’s practice be managed for a stated
period in a stated way or subject to stated conditions;
(g) an order that the practitioner’s practice be subject to periodic
inspection by a stated person for a stated period;
(h) an order that the practitioner seek advice in relation to the
management of the practitioner’s practice from a stated person;
(i) an order that the practitioner not apply for a local practising
certificate before the end of a stated period.