South Australians making complaints about lawyers will have their cases dealt with under a new disciplinary system from today, in a move designed to deliver faster resolutions and greater transparency.
From September 1, the functions of the former Legal Practitioners Disciplinary Tribunal have been transferred to the South Australian Civil and Administrative Tribunal (SACAT).
The change means disciplinary proceedings involving lawyers will now sit alongside those involving a range of other regulated professions already dealt with by SACAT, including health practitioners, veterinarians and conveyancers. SACAT can hear disciplinary applications where professionals are alleged to have acted unlawfully, improperly, negligently or unfairly in the course of their work.
The reforms were passed by State Parliament last year and allow the Legal Practitioners Disciplinary Tribunal to be dissolved, while also strengthening and clarifying the investigative and disciplinary powers of the Legal Profession Conduct Commissioner.
Attorney-General Kyam Maher said the changes were intended to maintain confidence in the profession while reducing lengthy periods of uncertainty for both complainants and lawyers.
“A strong and transparent disciplinary system is important in making sure high standards are maintained, and any misconduct can be addressed.”
“These changes are about delivering resolution and give the community greater visibility of legal practitioners disciplinary complaints.”
People concerned about the conduct of a lawyer can continue to lodge complaints with the Legal Profession Conduct Commissioner, which can investigate allegations, take disciplinary action and commence proceedings before SACAT.
Under SACAT’s disciplinary framework, potential outcomes can include reprimands, fines, suspensions or cancellation of professional licences or registrations, depending on the legislation applying to a particular profession. SACAT can also publish reasons for disciplinary decisions where appropriate, including through AustLII.
The Attorney-General said moving legal disciplinary matters into SACAT would allow the profession to benefit from an established tribunal already dealing with professional conduct cases across South Australia.
“This is good for both the public and lawyers, by reducing periods of uncertainty waiting for the outcome of complaints against legal practitioners.”
