Legal Profession Act 2007

If the Board considers that a complaint may not be sufficiently serious to warrant a hearing, it may serve on the Australian legal practitioner – notice to appear before it to give an explanation of the matter; or notice to provide it with a written explanation.

A notice under subsection (1)(a) is to – set out particulars of the matter; and state that the Australian legal practitioner is entitled to make submissions and give and adduce evidence when appearing before the Board but is not entitled to be represented; and state that the appearance before the Board is not open to the public; and inform the Australian legal practitioner that he or she may request that the matter be referred directly to the Tribunal; and inform the Australian legal practitioner of the other circumstances in which the matter may be referred to the Tribunal; and specify the date, time and place at which the Australian legal practitioner is required to appear.

A notice under subsection (1)(b) is to – contain the same information as is specified in subsection (2)(a), (d) and (e) in relation to a notice requiring a personal appearance; and specify a date by which the Australian legal practitioner is required to provide the Board with the written explanation.

A notice may contain such other information as the Board considers necessary or expedient.

The date specified under subsection (2)(f) or subsection (3)(b) is to be not less than 14 days after the date of service of the notice.

The Board is to dismiss the complaint if, after considering the explanation of the Australian legal practitioner concerned, it is not satisfied that the matter has been substantiated.

If the Board is satisfied, after considering the explanation, that the matter has been substantiated but that it is not sufficiently serious to warrant a hearing, the Board may make any one or more of the following determinations:that the Australian legal practitioner be cautioned or reprimanded; that no further action be taken against the Australian legal practitioner if the Board is satisfied that – the practitioner is generally competent and diligent; and there has been no substantiated complaint (other than the complaint that led to the notice being served under subsection (1)) about the conduct of the practitioner within the last 5 years; that the Australian legal practitioner make an apology; that the Australian legal practitioner make an undertaking to take, or refrain from taking, any specified action; that the Australian legal practitioner make reparation on terms specified by the Board; that the Australian legal practitioner, within a specified timeframe, complete a specified course of further legal education or receive counselling, as specified by the Board.

Failure to comply with a determination made under subsection (7), other than a determination under subsection (7)(a), is capable of constituting unsatisfactory professional conduct or professional misconduct.

The Board is to refer a matter to the Tribunal if – the Australian legal practitioner concerned fails to appear before the Board as required by a notice under subsection (1)(a) or, before the date of appearance specified in the notice, requests in writing that the matter be so referred; or the Australian legal practitioner concerned fails to provide the Board with a written explanation as required by a notice under subsection (1)(b) or, before the date on which the explanation is required to be provided, requests in writing that the matter be so referred; or in the course of giving an explanation of the matter the Australian legal practitioner concerned requests, orally or in writing, that the matter be so referred; or after or in the course of considering an explanation of the matter, the Board determines that the matter is sufficiently serious to warrant a hearing by the Tribunal.

A meeting of the Board convened for the purposes of this section is not open to the public.