Page 4257 - Week 13 - Thursday, 25 November 1993

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OVER THE FOLLOWING 6 YEARS SOME WORK WAS DONE TOWARDS IMPLEMENTING THE REFORMS. IN 1986, THE LEGAL PRACTITIONERS ACT WAS AMENDED TO INCLUDE A REQUIREMENT THAT NON-LAWYERS BE REPRESENTED ON THE DISCIPLINARY COMMITTEE OF THE LAW SOCIETY. THAT WAS ONE OF THE RECOMMENDATIONS ARISING FROM THE 1984 REVIEW. HOWEVER, WHEN RESPONSIBILITY FOR THE LEGAL PROFESSION IN THE ACT TRANSFERRED FROM THE COMMONWEALTH TO THE TERRITORY ON 1 JULY 1990, NONE OF THE OTHER RECOMMENDATIONS HAD BEEN IMPLEMENTED.

WHEN WORK ON THE PROJECT WAS RECOMMENCED AT THE TERRITORY LEVEL IN 1991 IT WAS OBVIOUS THAT THE WORLD HAD MOVED ON SINCE 1984. DURING THAT TIME, SEVERAL STATES HAD REFORMED THEIR LEGAL PROFESSION DISCIPLINARY SYSTEMS. NEW SOUTH WALES INTRODUCED REFORMS IN 1987 WHICH AMOUNTED TO A COMPLETELY NEW LEGISLATIVE SCHEME FOR REGULATING THE LEGAL PROFESSION IN THAT STATE. THEY RESULTED FROM A WIDERANGING REVIEW BY THE NEW SOUTH WALES LAW REFORM COMMISSION BETWEEN 1976 AND 1984.

THE NEW SOUTH WALES REFORMS INCLUDED MANY THAT

WERE SIMILAR TO RECOMMENDATIONS PROPOSED BY THE

ACT LAW SOCIETY IN 1984, SUCH AS MAKING

UNSATISFACTORY PROFESSIONAL CONDUCT A DISCIPLINARY

OFFENCE, AS WELL AS THE TRADITIONAL OFFENCE OF

PROFESSIONAL MISCONDUCT, AND

ENABLING

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