Register of Disciplinary Action
497 Register of Disciplinary Action
There is to be a register (to be known as the "Register of Disciplinary Action") of – disciplinary action taken under this Act against Australian legal practitioners; and disciplinary action taken under a corresponding law against Australian legal practitioners who are or were enrolled or practising in this jurisdiction when the conduct that is the subject of the disciplinary action occurred.
The Register is to include – the full name of the person against whom the disciplinary action was taken; and the person's business address or former business address; and the person's home jurisdiction or most recent home jurisdiction; and details of the conduct that was the subject of the complaint in respect of which the disciplinary action was taken; and particulars of the disciplinary action taken including the final determination and the reasons for the determination; and other particulars prescribed by the regulations.
The Register may be kept in a form determined or identified by the Board and may form part of other registers.
Subject to an order made by the Tribunal, Supreme Court or corresponding disciplinary body or a determination by the Board made under section 454 or 456, the Register is to be made available for inspection on – the internet site of the Board; or an internet site identified on the internet site of the Board.
Subject to an order made by the Tribunal, Supreme Court or corresponding disciplinary body or a determination by the Board made under section 454 or 456, information recorded in the Register may be provided to members of the public in any other manner approved by the Board.
The Board may cause any error in or omission from the Register to be corrected.
The requirement to keep the Register applies only in relation to disciplinary action taken after the commencement of this section, but details relating to earlier disciplinary action may be included in the Register.
The Tribunal and Supreme Court must provide to the Board sufficient information to enable the Board to perform or exercise the Board's functions or powers in respect of the Register.
The Board must make the Register available to the prescribed authority.
This provision refers to the regulations (prescribed by the regulations
). Made under this Act:
- Law Society By-laws 2023 · Regulation · under section 627
- Legal Profession (Prescribed Authorities) Regulations 2018
- Legal Profession Regulations 2018
7 more instruments made under this Act are listed on the Act’s overview.
This Act’s bill:Explanatory notesSecond reading speech
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