Released 31/10/2017
The legal profession now has a simplified process for dealing with complaints of unsatisfactory professional conduct as a result of legislation passed by the Legislative Assembly today.
The Justice and Community Safety Legislation Amendment Bill (No 2) amends the Legal Profession Act 2006 to allow the Law Society and Bar Association to deal with more low level matters that would otherwise be referred to the ACT Civil and Administrative Tribunal (ACAT) in instances of misconduct among the legal profession.
Attorney-General Gordon Ramsay said the change would free up funds previously required for legal support for ACAT proceedings to be redirected elsewhere in the legal sector.
“The requirement for the Law Society and Bar Association to refer second and subsequent complaints against a practitioner to the ACAT imposes significant costs on these organisations,” Minister Ramsay said.
“With greater flexibility in complaint handling, the funds that cover the cost of these proceedings can now be redirected elsewhere, such as to the ACT legal assistance sector.”
The amendments do not remove the practitioner’s right to appeal a decision of the Law Society or Bar Association to ACAT, or for the Tribunal to discipline legal practitioners for more serious misconduct.
Amendments have also been made to the Liquor Act 2010 to add to the membership of the Liquor Advisory Board. “The membership of the Board will also be increased to include an additional member to represent the ACT’s late night economy.”
“In addition, two existing positions on the Board will be renamed to introduce a Government policy of naming positions, not individuals or specific organisations in legislation. The changes are about good governance, and conducting board appointments on a merit basis.
“No current member of the board will be affected by this change, and the Government is not reconsidering any existing appointments,” Minister Ramsay said.
- Statement ends -
Gordon Ramsay, MLA | Media Releases