sec.458Decisions of committee about discipline application

### sec.458 Decisions of committee about discipline application This section applies if, after a committee has completed a hearing of a discipline application in relation to a complaint or an investigation matter against an Australian legal practitioner or law practice employee, the committee is satisfied— for the practitioner—that the practitioner has engaged in unsatisfactory professional conduct; or for the employee—that the employee has engaged in misconduct in relation to the relevant practice. The committee may make 1 or more of the following in relation to an Australian legal practitioner— an order publicly reprimanding the practitioner or, if there are special circumstances, privately reprimanding the practitioner; an order that the practitioner pay a penalty of a stated amount, not more than $10,000; a compensation order; an order that the practitioner do or refrain from doing something in connection with the practitioner engaging in legal practice; an order that engaging in legal practice by the practitioner is to be managed for a stated period in a stated way or subject to stated conditions; an order that engaging in legal practice by the practitioner is to be subject to periodic inspection by a person nominated by the relevant regulatory authority for a stated period; an order that the practitioner seek advice from a person nominated by the relevant regulatory authority in relation to the practitioner’s management of engaging in legal practice. Also, the committee may make ancillary orders, including an order for payment by the Australian legal practitioner of expenses associated with orders under subsection (2) , as assessed in or under the order or as agreed. For a law practice employee, the committee may order that the law practice concerned and all other law practices in this jurisdiction must not, for a period stated in the order of not more than 5 years— continue to employ or employ the employee in a law practice in this jurisdiction; or employ or continue to employ the employee in this jurisdiction unless the conditions of employment are subject to conditions stated in the order. In this section— law practice employee includes a person who was a law practice employee. s 458 amd 2009 No. 24 s 1516 (sec.458-ssec.1) This section applies if, after a committee has completed a hearing of a discipline application in relation to a complaint or an investigation matter against an Australian legal practitioner or law practice employee, the committee is satisfied— for the practitioner—that the practitioner has engaged in unsatisfactory professional conduct; or for the employee—that the employee has engaged in misconduct in relation to the relevant practice. (sec.458-ssec.2) The committee may make 1 or more of the following in relation to an Australian legal practitioner— an order publicly reprimanding the practitioner or, if there are special circumstances, privately reprimanding the practitioner; an order that the practitioner pay a penalty of a stated amount, not more than $10,000; a compensation order; an order that the practitioner do or refrain from doing something in connection with the practitioner engaging in legal practice; an order that engaging in legal practice by the practitioner is to be managed for a stated period in a stated way or subject to stated conditions; an order that engaging in legal practice by the practitioner is to be subject to periodic inspection by a person nominated by the relevant regulatory authority for a stated period; an order that the practitioner seek advice from a person nominated by the relevant regulatory authority in relation to the practitioner’s management of engaging in legal practice. (sec.458-ssec.3) Also, the committee may make ancillary orders, including an order for payment by the Australian legal practitioner of expenses associated with orders under subsection (2) , as assessed in or under the order or as agreed. (sec.458-ssec.4) For a law practice employee, the committee may order that the law practice concerned and all other law practices in this jurisdiction must not, for a period stated in the order of not more than 5 years— continue to employ or employ the employee in a law practice in this jurisdiction; or employ or continue to employ the employee in this jurisdiction unless the conditions of employment are subject to conditions stated in the order. (sec.458-ssec.5) In this section— law practice employee includes a person who was a law practice employee. - (a) for the practitioner—that the practitioner has engaged in unsatisfactory professional conduct; or - (b) for the employee—that the employee has engaged in misconduct in relation to the relevant practice. - (a) an order publicly reprimanding the practitioner or, if there are special circumstances, privately reprimanding the practitioner; - (b) an order that the practitioner pay a penalty of a stated amount, not more than $10,000; - (c) a compensation order; - (d) an order that the practitioner do or refrain from doing something in connection with the practitioner engaging in legal practice; - (e) an order that engaging in legal practice by the practitioner is to be managed for a stated period in a stated way or subject to stated conditions; - (f) an order that engaging in legal practice by the practitioner is to be subject to periodic inspection by a person nominated by the relevant regulatory authority for a stated period; - (g) an order that the practitioner seek advice from a person nominated by the relevant regulatory authority in relation to the practitioner’s management of engaging in legal practice. - (a) continue to employ or employ the employee in a law practice in this jurisdiction; or - (b) employ or continue to employ the employee in this jurisdiction unless the conditions of employment are subject to conditions stated in the order.