Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) If, after the disciplinary tribunal has finished a hearing under this part in relation to a complaint against an Australian legal practitioner, the tribunal is satisfied that the practitioner is guilty of unsatisfactory professional conduct or professional misconduct, the tribunal may make any order it considers appropriate.
(2) Without limiting subsection (1), the disciplinary tribunal may make 1 or more of the orders mentioned in subsections (4) to (7).
(3) If, after the disciplinary tribunal has finished a hearing under this part in relation to a complaint against an Australian legal practitioner, the tribunal is not satisfied that the practitioner is guilty of unsatisfactory professional conduct or professional misconduct, the tribunal must dismiss the complaint.
(4) The disciplinary tribunal may make the following orders in relation to the Australian legal practitioner:
(a) an order recommending that the name of the practitioner be removed from the local roll;
(b) an order that the practitioner's local practising certificate be suspended for a stated period or cancelled;
(c) an order that a local practising certificate not be granted to the practitioner before the end of a stated period;
(d) an order that—
(i) stated conditions be imposed on the practitioner's practising certificate granted or to be granted under this Act; and
(ii) the conditions be imposed for a stated period; and
(iii) states the time (if any) after which the practitioner may apply to the tribunal for the conditions to be amended or removed;
(e) an order publicly reprimanding the practitioner or, if there are special circumstances, privately reprimanding the practitioner.
(5) The disciplinary tribunal may make the following orders in relation to the Australian legal practitioner:
(a) an order recommending that the name of the practitioner be removed from an interstate roll;
(b) an order that the practitioner's interstate practising certificate be suspended for a stated period or cancelled;
(c) an order recommending that an interstate practising certificate not be granted to the practitioner before the end of a stated period;
(d) an order recommending that—
(i) stated conditions be imposed on the practitioner's interstate practising certificate; and
(ii) the conditions be imposed for a stated period; and
(iii) the time (if any) after which the practitioner may apply to the tribunal for the conditions to be amended or removed.
(6) The disciplinary tribunal may make the following orders in relation to the Australian legal practitioner:
(a) an order that the practitioner pay a fine of a stated amount of not more than the amount mentioned in subsection (9);
(b) an order that the practitioner undertake and complete a stated course of further legal education;
(c) an order that the practitioner undertake a stated period of practice under stated supervision;
(d) an order that the practitioner do or not do something in relation to the practice of law;
(e) an order that the practitioner cease to accept instructions as a public notary in relation to notarial services;
(f) an order that the practitioner's practice be managed for a stated period in a stated way or subject to stated conditions;
(g) an order that the practitioner's practice be subject to periodic inspection by a stated person for a stated period;
(h) an order that the practitioner seek advice in relation to the management of the practitioner's practice from a stated person;
(i) an order that the practitioner not apply for a local practising certificate before the end of a stated period.
(7) The disciplinary tribunal may make ancillary or other orders, including an order for payment by the Australian legal practitioner of expenses associated with orders under subsection (5), as assessed or reviewed in or in accordance with the order or as agreed.
(8) The disciplinary tribunal may find a person guilty of unsatisfactory professional conduct even though the complaint or charge alleged professional misconduct.
(9) The maximum amount that can be imposed by way of fine is—
(a) for a finding of unsatisfactory professional conduct that does not amount to professional misconduct—$10 000; and
(b) for a finding of professional misconduct—$75,000; and
(c) for a finding of professional misconduct and unsatisfactory professional conduct not amounting to professional misconduct—$75,000.
(10) A fine is payable to the relevant council in the way and within the reasonable period required by the relevant council.
(11) If an amount is received by a council as complete or partial payment of a fine imposed under this section, the council must pay the amount into a statutory interest account.