Suggest a correction

Society to apply to court if cause of sufficient gravity exists

Legal Profession Act 1966

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Wrong or mistyped textWrong structure or numberingWrong title or detailsDuplicated content

Proposed text

—(1) If the Disciplinary Tribunal makes a determination under section 93(1)(c), the Society must without further direction make an application under section 98 within one month from the date of the determination of the Disciplinary Tribunal.(2) If the Disciplinary Tribunal makes a determination under section 93(1)(a), it is not necessary for the Society to take any further action in the matter unless so directed by the court.(3) If the Disciplinary Tribunal makes a determination under section 93(1)(b)(i), (ii) or (iv), the Council must —(a)if it agrees with the determination, reprimand the regulated legal practitioner or order him or her to pay a penalty of not more than $20,000, as the case may be; or(b)if it disagrees with the determination, without further direction make an application under section 98 within one month from the date of the determination of the Disciplinary Tribunal.(3A) Where the Disciplinary Tribunal makes a determination under section 93(1)(b)(iii) or (iv) —(a)the Council must —(i)if the Council agrees with the determination, order the regulated legal practitioner to comply with the remedial measure or remedial measures, as the case may be; or(ii)if the Council disagrees with the determination, without further direction make an application under section 98 within one month after the date of the determination of the Disciplinary Tribunal; and(b)if paragraph (a)(i) applies, and the regulated legal practitioner fails, within the time specified by the Council, to comply fully with the Council’s order under paragraph (a)(i), the Council must, if the determination so provides —(i)reprimand the regulated legal practitioner; or(ii)order the regulated legal practitioner to pay a penalty of not more than $20,000.(3B) Where the Disciplinary Tribunal makes a determination under section 93(1)(b)(iv), and the Council agrees with that determination —(a)any action taken by the Council under subsection (3A)(b)(ii) is in addition to any action taken by the Council under subsection (3)(a); but(b)the total amount of penalty ordered to be paid under subsections (3)(a) and (3A)(b)(ii) must not exceed $20,000.(4) The Council must inform the regulated legal practitioner and the person who made the complaint of —(a)the determination of the Disciplinary Tribunal under section 93 within 14 days from the date the Society receives a copy of the report mentioned in section 93(4); and(b)where subsection (3) or (3A) applies, the Council’s decision —(i)as to whether it agrees with the determination of the Disciplinary Tribunal; and(ii)to reprimand the regulated legal practitioner, to order him or her to pay a penalty or to make an application under section 98,within 14 days from the date of the decision.

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