Under the Legal Profession Act 1993 (Tas), s 56, 'unprofessional conduct' includes professional conduct that falls short of a standard a member of the public is entitled to expect of a practitioner of good repute and competency, without any requirement for proof of moral turpitude or iniquity. The statutory definition enlarges the common law meaning. Conduct amounting to a consistent and substantial failure to reach reasonable standards of competence and diligence may constitute unprofessional conduct rather than professional misconduct where the practitioner did not act dishonestly, the system was inherited from reputable predecessors, and the regulatory body had not previously disapproved the practice. The question whether the Pillai v Messiter test applies to professional misconduct in Tasmania outside the statutory inclusionary definitions was left open.
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