Legal Profession Act 2007

The chairperson of the Board, after giving each member of the Board reasonable notice of a hearing, may convene a hearing of the Board at any time.

If the chairperson of the Board is absent from duty or otherwise unable to perform the duties of the office, a hearing of the Board may be convened, after reasonable notice of the hearing has been given, by a person authorised by the Board to do so.

For the purposes of subclauses (1) and (2), what constitutes reasonable notice is to be determined by the Board.

The chairperson of the Board is to preside at all hearings of the Board at which he or she is present.

If the chairperson of the Board is not present at a hearing of the Board, a member of the Board elected by the members present is to preside at the hearing.

Four members of the Board, one of whom must be a person referred to in section 590(1)(d) (Membership of Board), constitute a quorum at a duly convened hearing of the Board for the purposes of section 450(a) (Powers of Board after investigation).

At a hearing of the Board –

the member of the Board presiding has a deliberative vote only; and

an issue is decided –

Except as provided in subclause (2), a hearing of the Board is to be open to the public.

The Board may do any or all of the following at a hearing if it considers that there are reasonable grounds for doing so:

make an order that the hearing be closed to the public;

make an order excluding any person from the hearing;

make an order prohibiting the reporting or other disclosure of all or any of the proceedings at the hearing or prohibiting the reporting or other disclosure of particular information in respect of the hearing.

Without limiting the range of grounds that may be relevant for the purposes of subclause (2), the Board may exercise its power under that subclause if –

it is dealing with privileged information or information that has been communicated to the Board in confidence; or

it is dealing with information concerning the personal affairs, finances or business arrangements of an Australian legal practitioner or any other person; or

the disclosure of the proceedings or the information may be unfairly prejudicial to the reputation of an Australian legal practitioner or any other person.

If the Board makes an order under subclause (2)(b), the Board may determine who, other than the parties or their representative, may be present before it at any stage of the proceedings.

If the Board convenes a hearing, it is to serve a notice in writing on the Australian legal practitioner, requiring the practitioner to attend the hearing, not less than 14 days before the date of the hearing.

The Board may require a party to a complaint to provide evidence relating to the complaint.

In respect of a hearing of the Board, the Board may do any or all of the following:

summon any person whose evidence, in the opinion of the Board, appears to be material to the hearing;

proceed to hold a hearing in the absence of any person who has been duly summoned to appear;

take evidence by affidavit;

take evidence on oath or affirmation and, for that purpose, administer oaths and affirmations;

require any person to produce or to authorise another person to produce any documents or records, or class of documents or records, in that person's possession or subject to that person's control that, in the opinion of the Board, appear to be material to the hearing;

require a person who appears at the hearing to answer any questions that, in the opinion of the Board, appear to be material to the hearing;

adjourn the hearing from place to place and from time to time.

In respect of a hearing of the Board, the Board is not bound to observe the rules of law governing the admission of evidence but may inform itself of any matter in such manner as it thinks fit.

Except as provided by this Act, the Board may regulate its own procedure in relation to a hearing.

A person who fails without reasonable excuse to –

attend a hearing of the Board as required by the Board; or

take an oath or make an affirmation at a hearing of the Board; or

produce or authorise another person to produce any documents when required by the Board to do so; or

answer any question when required by the Board to do so; or

assist in the course of an investigation of the Board –

If an Australian legal practitioner contravenes subclause (6), the Board may refer the complaint that is the subject matter of the hearing to the Tribunal by making an application to the Tribunal under section 464.

If a member of the Board has or acquires an interest (whether pecuniary or otherwise) that would conflict with the proper performance of the member's functions in relation to a matter being considered, or about to be considered, by the Board, the member must, as soon as practicable after the relevant facts come to the member's knowledge, disclose the nature of the interest to the Board.

Unless the Board otherwise determines, a member of the Board who has made a disclosure under subclause (1) must not –

be present during any deliberation of the Board in relation to the matter; or

take part in any decision of the Board in relation to the matter.

For the purpose of the making by the Board of a determination under subclause (2), the member to whom the determination relates must not –

be present during any deliberation of the Board for the purpose of making the determination; or

take part in making the determination.