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Part 2 Amendment of Legal Profession Act 2007
made.
(2) While the failure continues, the claimant may
apply to the Supreme Court for a direction and an
order under this section (a relevant application).
(3) Section 393(3), from ‘On an’ to ‘(review application)’—
omit, insert—
If a relevant application is made
(4) Section 393(3)(b), from ‘the tribunal’ to ‘review
application’—
omit, insert—
the Supreme Court may, on application by the law
society, stay the relevant application
(5) Section 393(4), ‘The tribunal may decide the review’—
omit, insert—
The Supreme Court may decide the relevant
application
(6) Section 393(4)(a), ‘matter’—
omit, insert—
claim
(7) Section 393(4)(a)(i), ‘tribunal’—
omit, insert—
court
35 Amendment of s 394 (Proceedings on review)
(1) Section 394, heading, ‘review’—
omit, insert—
appeal
(2) Section 394, ‘tribunal’—
omit, insert—
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Clause 23
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Authorised by the Parliamentary Counsel
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Part 2 Amendment of Legal Profession Act 2007
Supreme Court
36 Amendment of s 396 (Limiting payments from fidelity
fund to capped amount)
Section 396(5), definition allowed amount, from ‘reviewed’ to
‘decided by QCAT’—
omit, insert—
appealed to the Supreme Court, the amount
payable in relation to the claim as decided by the
court
37 Amendment of s 420 (Conduct capable of constituting
unsatisfactory professional conduct or professional
misconduct)
Section 420(1)(f), ‘a disciplinary body’—
omit, insert—
a disciplinary body or the former disciplinary
body
38 Amendment of s 443 (Powers for investigations)
Section 443(4)(b), (5) and (7), ‘tribunal’—
omit, insert—
Supreme Court
39 Amendment of s 452 (Starting proceeding before a
disciplinary body)
(1) Section 452(1)(a), ‘tribunal’—
omit, insert—
Supreme Court
(2) Section 452(2)—
insert—
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Clause 2
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Clause 10
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Legal Profession (Strengthening Disciplinary Matters) Amendment Bill 2026
Part 2 Amendment of Legal Profession Act 2007
Notes—
1 For other provisions relating to proceedings for
discipline applications before the Supreme Court,
see parts 6B.1 and 6B.2.
2 For other provisions relating to proceedings for
discipline applications before the committee, see
chapter 6C.
40 Amendment of s 456 (Decisions of tribunal about an
Australian legal practitioner)
(1) Section 456, heading, ‘tribunal’—
omit, insert—
Supreme Court
(2) Section 456(1), ‘tribunal’, first mention—
omit, insert—
Supreme Court
(3) Section 456(1), ‘tribunal’, second and third mentions—
omit, insert—
court
(4) Section 456(2), ‘The tribunal’—
omit, insert—
The Supreme Court
(5) Section 456(2)(d)(iii), ‘tribunal’—
omit, insert—
court
(6) Section 456(3), ‘The tribunal’—
omit, insert—
The Supreme Court
(7) Section 456(3)(d)(iii), ‘tribunal’—
omit, insert—
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7
Clause 8
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court
(8) Section 456(4), (5), (6) and (7), ‘tribunal’—
omit, insert—
Supreme Court
41 Replacement of s 457 (Enforcement of orders etc.)
Section 457—
omit, insert—
457 Notification of Supreme Court orders
(1) This section applies if the Supreme Court—
(a) makes an order under section 456 or 462 or
part 4.10 in relation to a discipline
application; or
(b) makes an order in relation to a discipline
application on an appeal under section 469
against a decision of the committee.
(2) The registrar must give the Minister a copy of the
order and the reasons for the order.
42 Amendment of s 459 (Orders to be filed in Supreme Court
and information notices to be given to parties etc.)
(1) Section 459, heading—
omit, insert—
459 Notification and filing of committee orders
(2) Section 459(1), ‘after’—
omit, insert—
if
(3) Section 459(3), from ‘If’ to ‘the application’—
omit, insert—
If an appeal to the Supreme Court against the
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Part 2 Amendment of Legal Profession Act 2007
decision is not started within the time allowed for
making the appeal
43 Amendment of s 461 (Compliance with decisions and
orders)
Section 461(2)(a) and (3), ‘tribunal’—
omit, insert—
Supreme Court
44 Amendment of s 462 (Costs)
(1) Section 462—
insert—
(1A) Nothing in subsection (1) requires the disciplinary
body to make an order requiring the person to pay
costs relating to conduct in which the person has
engaged that is not prescribed conduct.
(2) Section 462(3), ‘subsection (2)’—
omit, insert—
subsection (3)
(3) Section 462(6)—
insert—
Note—
The Supreme Court may also make orders for costs
under sections 581PW and 581PX.
(4) Section 462(7) and (8)—
omit, insert—
(7) In this section—
prescribed conduct means unsatisfactory
professional conduct, professional misconduct or
misconduct in relation to a relevant practice, as
mentioned in section 456(1) or 458(1).
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2
Clause 3
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Clause 8
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Part 2 Amendment of Legal Profession Act 2007
(5) Section 462(1A) to (7)—
renumber as section 462(2) to (8).
45 Replacement of ch 4, pt 4.10A, hdg (Appeals from
decisions of disciplinary bodies)
Chapter 4, part 4.10A, heading—
omit, insert—
Part 4.10A Appeals from
committee decisions
relating to discipline
applications
46 Omission of s 468 (Appeal may be made to Court of
Appeal from tribunal’s decision)
Section 468—
omit.
47 Amendment of s 469 (Application to tribunal for review of
committee’s decision)
(1) Section 469, heading—
omit, insert—
469 Appeal to Supreme Court against committee’s
decision
(2) Section 469(1), from ‘apply’ to ‘the decision’—
omit, insert—
appeal to the Supreme Court against the decision
(3) Section 469(2), ‘QCAT for the review’—
omit, insert—
the Supreme Court for the appeal
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2
Clause 3
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(4) Section 469(2)—
insert—
Note—
For other provisions relating to proceedings for the
appeal, see parts 6B.1 and 6B.3.
48 Omission of s 470 (Appeal to Court of Appeal in relation
to a decision of committee)
Section 470—
omit.
49 Amendment of s 471 (Definition for pt 4.11)
Section 471, definition disciplinary action, paragraphs (a) and
(b), ‘tribunal’—
omit, insert—
former disciplinary body
50 Amendment of s 477 (General provisions about
disclosure of information)
(1) Section 477(1)(a), after ‘body’—
insert—
or the former disciplinary body
(2) Section 477(1)(c), from ‘, including’ to ‘paragraph (a)’—
omit.
51 Amendment of s 491 (Confidentiality of client
communications)
Section 491(1), ‘under the QCAT Act,’—
omit, insert—
or order of the Supreme Court
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5
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7
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Clause 10
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Clause 22
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Part 2 Amendment of Legal Profession Act 2007
52 Insertion of new chs 6B–6D
After chapter 6A—
insert—
Chapter 6B Provisions about
proceedings before
Supreme Court
Part 6B.1 General matters
581P Application of part
This part applies in relation to a proceeding before
the Supreme Court under a provision of this Act
mentioned in schedule 1.
581PA Procedure for conducting proceeding
When conducting the proceeding, the Supreme
Court—
(a) must act as quickly, and with as little
formality and technicality, as is consistent
with a fair and proper consideration of the
issues before it; and
(b) is not bound by the rules of evidence; and
(c) may inform itself in any way it considers
appropriate.
581PB Prohibited publication about hearing of
proceeding
(1) Before, during or immediately after the hearing of
the proceeding, the Supreme Court may make an
order prohibiting the publication of information
stated in the order relating to—
Clause 1
2
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Part 2 Amendment of Legal Profession Act 2007
(a) the proceeding; or
(b) the hearing; or
(c) an order of the court.
(2) A person must not contravene an order under
subsection (1).
Maximum penalty—200 penalty units.
(3) A person must not publish or allow someone else
to publish—
(a) a question disallowed by the Supreme Court
at the hearing; or
(b) an answer given to a question disallowed by
the Supreme Court at the hearing.
Maximum penalty—200 penalty units.
(4) Also, the Supreme Court may make an order
prohibiting—
(a) the issue of the entire or part of a copy of the
record made under the Recording of
Evidence Act 1962; or
(b) the publication of the entire or part of a copy
of the record made under the Recording of
Evidence Act 1962.
(5) A person must not contravene an order under
subsection (4).
Maximum penalty—200 penalty units.
(6) In this section—
publish includes publish on radio, television or
the internet.
record includes an audio recording.
Part 6B.2 Discipline applications
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Part 2 Amendment of Legal Profession Act 2007
Division 1 Preliminary
581PC Application of part
This part applies in relation to a proceeding before
the Supreme Court for a discipline application.
Division 2 General provisions
Division 3 Panels and related matters
581PG Panel to help Supreme Court hear and
decide discipline application
(1) For hearing and deciding a discipline application,
the Supreme Court is to be helped by 2 panel
members chosen by the registrar and approved by
the judge presiding over the proceeding.
(2) However, the panel members do not constitute the
Supreme Court for hearing and deciding the
discipline application.
(3) The panel members mentioned in subsection (1)
must be—
(a) 1 member of the lay panel; and
(b) 1 of the following members—
(i) if the complaint is about the conduct of
a person who, at the time of performing
the acts or omitting to do the acts
constituting the conduct complained
of, was a barrister or, in the opinion of
the presiding judge, was engaged in
legal practice in the manner of a
barrister—a member of the practitioner
panel who is a barrister;
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Part 2 Amendment of Legal Profession Act 2007
(ii) otherwise—a member of the
practitioner panel who is a solicitor.
(4) The registrar must keep a record of the names of
the panel members helping the Supreme Court
and the discipline application for which the
hearing is held.
581PH Continuing hearing with only 1 panel
member
(1) This section applies if—
(a) 1 of the panel members mentioned in
section 581PG(1) (the former panel
member) is helping, or is about to help, the
Supreme Court hear and decide a discipline
application; and
(b) any of the following events happens—
(i) the appointment of the panel member is
ended or terminated under section
581PL(1) or (2);
(ii) the panel member disqualifies themself
in relation to the hearing under section
581PN(2);
(iii) the panel member becomes unavailable
to help, or to continue to help, the court
hear and decide the application;
(iv) the panel member otherwise stops
being a panel member or stops helping
the court to hear and decide the
application; and
(c) the other panel member can continue to help
the court hear and decide the application.
(2) Despite section 581PG(1), the Supreme Court
may continue to hear and decide the discipline
application in the absence of the former panel
member if the court considers—
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Part 2 Amendment of Legal Profession Act 2007
(a) it is in the interests of justice to continue to
hear and decide the application; and
(b) that not continuing to hear and decide the
application would cause undue delay or
expense for a party to the application.
(3) This section does not authorise the Supreme Court
to hear and decide a discipline application without
being helped by at least 1 panel member.
Part 6B.3 Particular appeals to
Supreme Court
581PP Application of part
This part applies in relation to an appeal to the
Supreme Court against a decision under a
provision of this Act mentioned in schedule 1,
part 1.
581PQ Starting appeal
The appeal must be started within—
(a) for a person who has been given an
information notice about the decision—28
days after the day the person is given the
notice; or
(b) for a person who has not been given an
information notice about the decision—28
days after the day the person becomes aware
of the decision.
Note—
See, however, section 15(2) under which the Supreme
Court may allow an appeal after the stated number of
days to appeal.
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Authorised by the Parliamentary Counsel
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Part 2 Amendment of Legal Profession Act 2007
581PR Appeal against decision of board etc.
(1) This section applies if the decision was made by
the board, the bar association or the law society
(each the decision-maker) under this Act.
(2) The appeal is by way of a fresh hearing unaffected
by the decision.
(3) Fresh evidence or evidence in addition to, or in
substitution for, the evidence before the
decision-maker may be given on the appeal.
581PS Appeal against decision of committee
(1) This section applies if the decision was made by
the committee.
(2) The appeal is by way of rehearing on the evidence
given in the matter before the committee.
(3) However, subsection (2) does not prevent the
Supreme Court from giving leave to introduce
further evidence, whether fresh, additional or
substituted, if the court considers the further
evidence may be material to the appeal.
581PT Orders on appeal
In the proceeding for the appeal, the Supreme
Court may make any of the following orders—
(a) an order confirming or amending the
decision;
(b) an order setting aside the decision and
substituting its own decision;
(c) an order setting aside the decision and
returning the matter for reconsideration to
the entity that made the decision, with the
directions the court considers appropriate;
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Authorised by the Parliamentary Counsel
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Part 2 Amendment of Legal Profession Act 2007
(d) any other order the court considers
appropriate.
Part 6B.4 Matters relating to
costs
581PU Application of part
Unless otherwise provided, this part applies in
relation to a proceeding before the Supreme Court
under a provision of this Act mentioned in
schedule 1.
581PV Costs for particular proceedings
(1) Each party to the proceeding must bear the party’s
own costs of the proceeding.
(2) Subsection (1) applies subject to subsection (3)
and sections 581PW and 581PX.
(3) The Supreme Court may make an order requiring
a party to the proceeding to pay all or a stated part
of the costs of another party to the proceeding if
the court considers the interests of justice require
it to make the order.
(4) This section does not apply in relation to a
proceeding for a discipline application.
Note—
For orders for costs for proceedings for discipline
applications, see section 462.
581PW Costs against lawyer or other
representative in interests of justice
(1) This section applies if the Supreme Court
considers a lawyer for, or another representative
of, a party to the proceeding, rather than the party,
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