Page 4258 - Week 13 - Thursday, 25 November 1993

Next page . . . . Previous page . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .

---

COMPENSATION-TYPE REMEDIES TO BE ORDERED. THIS SIMILARITY IS NOT SURPRISING - THE REPORTS OF THE NEW SOUTH WALES LAW REFORM COMMISSION WERE OBVIOUSLY A STRONG INFLUENCE IN BOTH JURISDICTIONS.

IN 1989 THE VICTORIAN PARLIAMENT PASSED LEGISLATION TO REFORM THE LEGAL PROFESSION DISCIPLINARY SYSTEM IN THAT STATE. THOSE REFORMS WERE SIMILAR TO THE NEW SOUTH WALES SCHEME, AND ALSO INCLUDED A STATUTORY PROCESS FOR CONCILIATION OF DISPUTES INVOLVING SOLICITORS.

WHILST THE ACT PROPOSALS OF 1984 WERE INNOVATIVE AND FORWARD-LOOKING AT THAT TIME, BY 1991 SUCH MEASURES HAD BECOME FAIRLY STANDARD FEATURES OF DISCIPLINARY SCHEMES FOR THE LEGAL PROFESSION.

IN EVALUATING THE 1984 PROJECT, THE ISSUE WAS WHETHER TO PROCEED WITH IT IN THE FORM IN WHICH IT TRANSFERRED FROM THE COMMONWEALTH, OR WHETHER TO EXPAND IT INTO A MORE FAR-REACHING REFORM PROCESS. IT WAS DECIDED TO PROCEED WITH THE PROJECT IN ROUGHLY THE FORM IT COMMENCED IN 1984, BUT TO MAKE THAT THE FIRST PART OF A Z-STAGE PROCESS TO REFORM THE LEGAL PROFESSION COMPLAINTS AND DISCIPLINARY SYSTEM IN THE ACT. THE SECOND OPTION WOULD HAVE CAUSED UNACCEPTABLE DELAYS IN IMPLEMENTING WHAT ARE NOW STANDARD AND VERY WORTHWHILE ELEMENTS OF SUCH SYSTEMS

.

---

Next page . . . . Previous page . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .