The Presiding Member of the Legal Practitioners Disciplinary Tribunal established under s 78 of the Legal Practitioners Act 1981 (SA) is not a 'senior official' within the meaning of s 2 of the Public Sector (Honesty and Accountability) Act 1995 (SA), and accordingly s 17 of that Act (duty to disclose conflicts of interest to the relevant Minister) does not apply to the Presiding Member's exercise of the power to nominate Tribunal members under s 80. On appeal by way of rehearing from the Tribunal, the appellate court will give weight and respect to the Tribunal's credibility findings, particularly where the Tribunal heard evidence over many days.
The full text is available to signed-in members.