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Council’s power to give warning, reprimand or order penalty

Legal Profession Act 1966

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—(1) If the Council determines under section 87 that no cause of sufficient gravity exists for a formal investigation, but that the regulated legal practitioner should be given a warning, reprimanded or ordered to pay a penalty, it must give him or her a warning, reprimand him or her or order him or her to pay a penalty of not more than $10,000, as the case may be.(1A) Where the Council determines under section 87 that, while no cause of sufficient gravity exists for a formal investigation, the regulated legal practitioner should be ordered to comply with one or more remedial measures, the Council —(a)must order the regulated legal practitioner to comply with the remedial measure or remedial measures, as the case may be; and(b)may, if a regulated legal practitioner fails, within the time specified by the Council, to comply fully with the Council’s order under paragraph (a) —(i)give the regulated legal practitioner a warning;(ii)reprimand the regulated legal practitioner; or(iii)order the regulated legal practitioner to pay a penalty of not more than $10,000.(1B) Where the Council makes a determination under section 87(1)(b)(iv) —(a)any action taken by the Council under subsection (1A)(b) is in addition to any action taken by the Council under subsection (1); but(b)the total amount of penalty ordered to be paid under subsections (1) and (1A)(b) must not exceed $10,000.(2) Section 95 applies to any penalty ordered to be paid under subsection (1).(3) Before the Council gives a regulated legal practitioner a warning, reprimands a regulated legal practitioner or orders a regulated legal practitioner to pay a penalty under subsection (1), the Council must notify him or her of its intention to do so and give him or her a reasonable opportunity to be heard by it.(4) Where —(a)no application is made to set aside an order for the payment of a penalty under subsection (1) or section 94(3)(a) or if the order is affirmed or varied by the court under section 95(3)(a); or(b)a regulated legal practitioner has been reprimanded by the Council under subsection (1) or section 94(3)(a),the Council must, at the expense of the regulated legal practitioner, publish in the Gazette a notice of the order or of the reprimand, as the case may be.(5) Any notice under subsection (4) must contain the name of the regulated legal practitioner, the nature of the misconduct committed by him or her and the penalty payable by him or her or the reprimand, as the case may be.(6) Where an application is made to a Judge by any person under section 97(1), the Council must not publish the notice under subsection (4) until the application has been withdrawn or deemed to have been withdrawn or disposed of by the Judge under section 97.

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