Common questions
Legal Practitioners Tribunal
Who sits on the Legal Practice Tribunal?
The tribunal is made up of a judge of the Supreme Court assisted by two panel members. The Chief Justice is chairperson of the tribunal.
One member from each of two panels appointed by the Governor-in-Council (a lay panel and a practitioner panel) assist the judge.
The lay panel includes people who have a high level of experience and knowledge of consumer protection, business, public administration or another relevant area. They are not legal practitioners.
The practitioner panel includes solicitors and barristers with at least five years experience in the legal profession.
What penalties can the tribunal impose?
If the tribunal decides a practitioner is guilty of unsatisfactory professional conduct or professional misconduct, it can order the practitioner:
- be removed from the roll (‘struck off’)
- be suspended from practice
- be allowed to practice subject to certain conditions such as being supervised by another practitioner or undertaking further legal education
- pay a penalty of up to $100,000
- pay a complainant compensation of up to $7500 for financial loss
- be publicly (or in special circumstances, privately) reprimanded.
The tribunal can order legal practitioners to pay the complainant’s and the Legal Services Commission’s costs unless it is satisfied that ‘exceptional circumstances exist’.
Who can appeal the tribunal’s decision?
Any party, including the Attorney-General and Minister for Justice, who is dissatisfied with a tribunal decision, can appeal to the Court of Appeal.
Can anybody make a complaint about a legal practitioner to the tribunal?
No. All complaints must be made to the Legal Services Commission. It is an independent statutory body whose primary role is to investigate complaints about the conduct of solicitors, barristers and law practice employees.
Can I access an application file?
You can access an application file at the court registry.
Who can attend an LPT hearing?
All hearings are open to the public, unless the tribunal decides that the evidence should be kept confidential.
Last updated Monday, 26 November 2007 17:14
Other languages