Australian Capital Territory Numbered Acts

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LEGAL PROFESSION AMENDMENT ACT 2007 (NO. 28 OF 2007) - SECT 230

New section 426A

insert

426A     Restriction on publication of certain identifying material from proceedings

    (1)     A person must not publish an account or report of a proceeding in the disciplinary tribunal if the account or report—

        (a)     discloses the identity of the person who is the subject of the complaint to which the proceeding relates (the person concerned ); or

        (b)     allows the identity of the person concerned to be worked out.

    (2)     However, the identity of the person concerned may be disclosed in an account or report of the proceeding if—

        (a)     the disciplinary tribunal has made a final decision that the person concerned is guilty of the conduct complained of; and

        (b)     either—

              (i)     the appeal period has ended and no appeal has been made; or

              (ii)     any appeal has been decided against the person concerned.

    (3)     In this section:

"appeal", in relation to a decision of the disciplinary tribunal, means an appeal to the Supreme Court under section 437 against the decision.

"appeal period" means the period within which an appeal may be made.

Note     See the Court Procedures Rules 2006 , r 5052 (Appeals to Supreme Court—general powers) and r 5103 (Appeals to Supreme Court—time for filing notice of appeal).



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