Page 4262 - Week 13 - Thursday, 25 November 1993

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TH- INCREASED POWERS OF THE PROFESSIONAL CONDUCT BOARD COMPARED WITH THE PRESENT LIMITED POWERS OF THE DISCIPLINARY COMMITTEE SHOULD RESULT IN FEWER CASES BEING REFERRED TO THE COURT. THE COURT WILL HAVE AVAILABLE TO IT ALL THE POWERS OF THE BOARD, AS WELL AS ITS PRESENT POWERS TO REMOVE A PRACTITIONERS NAME FROM THE ROLL OF BARRISTERS AND SOLICITORS, TO SUSPEND THE RIGHT TO PRACTICE, AND TO IMPOSE A FINE OF UP TO 20,000.

A FURTHER SIGNIFICANT AMENDMENT WILL ENABLE THE LAW SOCIETY TO APPOINT A PERSON TO INVESTIGATE A SOLICITORS BUSINESS AFFAIRS. THE SOCIETY HAS SOUGHT THIS POWER TO OVERCOME PRESENT LIMITATIONS ON ITS CAPACITY TO PURSUE COMPLAINTS ABOUT SOLICITORS. THE NEW POWERS, INTRODUCED BY CLAUSE 31 OF THE BILL, ARE THE SAME AS POWERS GIVEN TO THE NEW SOUTH WALES LAW SOCIETY IN THE REFORMS INTRODUCED IN THAT STATE IN 1987.

AN INVESTIGATOR APPOINTED BY THE SOCIETY WILL BE ABLE TO REQUIRE A SOLICITOR, OR OTHER PERSONS, TO GIVE THE INVESTIGATOR ACCESS TO RECORDS WHICH RELATE TO THE AFFAIRS BEING INVESTIGATED, OR TO PROVIDE INFORMATION ABOUT THE RECORDS. THE TERM AFFAIRS IN RELATION TO A SOLICITOR IS GIVEN A WIDE MEANING, AND INCLUDES ACCOUNTS AND RECORDS KEPT BY OR ON BEHALF OF AN ASSOCIATE OF THE SOLICITOR.

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