649
CurrentStandard of proof
Chapter 7Establishment of entities for this Act, and related matters
Part 7.4Other provisions applying to committee for discipline applications
Division 2Conduct of proceedings
649 Standard of proof
(1)
If an allegation of fact is not admitted or is challenged when the committee is hearing a discipline application, the committee may act on the allegation if the committee is satisfied on the balance of probabilities that the allegation is true.
(2)
For subsection (1), the degree of satisfaction required varies according to the consequences for the relevant Australian legal practitioner or law practice employee of finding the allegation to be true.
(3)
In this section—
Australian legal practitioner includes a person to whom chapter 4 applies as mentioned in section 417.
This Act’s bill:Explanatory memorandum
Research tools for this sectionSubscription
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.