Page 4260 - Week 13 - Thursday, 25 November 1993

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_7_

CONTINUES THE DISCIPLINARY OFFENCE OF" PROFESSIONAL MISCONDUCT" WHICH IT DEFINES IN TERMS SIMILAR TO THE COMMON LAW.

THE BILL ALSO INTRODUCES A NEW DISCIPLINARY OFFENCE OF "UNSATISFACTORY PROFESSIONAL CONDUCT". THAT OFFENCE IS INTENDED TO INCLUDE NEGLECT, INCOMPETENCE AND DELAY. AT PRESENT, SUCH CONDUCT CAN ONLY BE DEALT WITH IF IT IS OF AN EXTREMELY SERIOUS OR RECURRING NATURE, BRINGING IT WITHIN THE COMMON LAW DEFINITION OF "PROFESSIONAL MISCONDUCT".

THE BILL GREATLY EXPANDS THE POWERS AVAILABLE TO THE PROFESSIONAL CONDUCT BOARD COMPARED WITH THOSE OF THE PRESENT DISCIPLINARY COMMITTEE. AT THE MOMENT, THE POWERS OF THE COMMITTEE ARE LIMITED TO REPRIMANDING A SOLICITOR OR IMPOSING A FINE OF UP TO $ 2, 000.

NEW POWERS CONTAINED IN CLAUSE 21 OF THE BILL WILL ENABLE THE BOARD, IN CASES OF PROVED PROFESSIONAL MISCONDUCT, TO SUSPEND A SOLICITORS PRACTISING CERTIFICATE FOR UP TO 12 MONTHS AND/OR IMPOSE A FINE OF UP TO $10,000.

IN CASES OF BOTH PROFESSIONAL MISCONDUCT AND

UNSATISFACTORY PROFESSIONAL CONDUCT THE BOARD

WILL BE ABLE TO MAKE A RANGE OF ORDERS

, INCLUDING

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