Australian Capital Territory Numbered Acts

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LEGAL PRACTITIONERS (AMENDMENT) ACT 1993 (NO. 94 OF 1993) - SECT 14

Insertion

14. After section 28 of the Principal Act the following Division is inserted:

Division 1AA—Conciliation

“28A. (1) Where the Law Society has reason to believe that unsatisfactory professional conduct, professional misconduct or unsatisfactory employment conduct may have occurred, it may direct that a conference be convened between the interested parties.

“(2) A conference shall be convened and chaired by a member, or a member of staff, of the Law Society appointed by the Council in writing for the purpose.

“(3) The convenor—

        (a)     shall fix a time and place for the conference;

        (b)     at the request of an interested party or of his or her own volition, may, subject to paragraph (c), adjourn the conference to a later time or to another place; and

        (c)     shall give the interested parties reasonable notice of the time and place.

“28B. (1) An interested party may be represented at a conference by—

        (a)     a legal practitioner;

        (b)     an agent; or

        (c)     in the case of an interested party which is a body corporate—an officer or employee of the body.

“(2) A person is not entitled to be present at a conference unless he or she is the convenor, an interested party, a person representing an interested party pursuant to subsection (1) or a person who is present with the consent of the interested parties.

“28C. (1) In any proceedings, evidence shall not be given of anything said or done at a conference unless the interested parties otherwise agree.

“(2) Nothing in subsection (1) prevents the convenor of a conference from informing the Council of any matter which, in his or her view, the Council should consider in deciding whether or not to make a written complaint under subsection 29 (1).

“28D. If, at or after a conference, the interested parties agree on how to resolve the matter in respect of which the conference was convened to the satisfaction of the parties, the convenor shall arrange for the terms of the agreement to be put in writing, signed by or on behalf of the interested parties and lodged with the Law Society.

“28E. If, at or after a conference, the interested parties are unable to agree on how to resolve the matter in respect of which the conference was convened to the satisfaction of the parties, the convenor shall inform the Council accordingly.

“28F. If an interested party fails to attend a conference, the convenor of the conference shall inform the Council accordingly.

“28G. Any agreement by interested parties on how to resolve a matter in respect of which a conference was convened is not to be taken to be a bar to the making of, or to prejudice in any way, a complaint by the Council under subsection 29 (1) in relation to the same matter.”.



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