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Disciplinary bodies

The Legal Practice Tribunal

The Legal Practice Tribunal is one of two disciplinary bodies, originally established under the Legal Profession Act 2004 and continued under the Legal Profession Act 2007, to hear and decide disciplinary applications lodged with them by the Commission. The Tribunal hears the evidence and decides if the legal practitioner is guilty of either unsatisfactory professional conduct or professional misconduct and, if so, decides the appropriate penalty.

The Tribunal hears and decides the more serious cases that might result in the practitioner being ‘struck off’ or suspended from practising law.

The Tribunal comprises the judges of the Supreme Court as members with the Chief Justice as Chairperson. Any one of its members can hear and decide disciplinary applications.

Two panels appointed by the Governor-in-Council help the Tribunal: a lay panel and a practitioner panel. The lay panel comprises people who are not legal practitioners but who have a high level of experience and knowledge of consumer protection, business, public administration or another relevant area. The practitioner panel comprises solicitors and barristers with at least five years experience. One member of each panel sits with the Tribunal to help hear and decide on a case.

Hearings before the Tribunal are open to the public, unless the Tribunal decides otherwise due to the nature of the evidence. If the Tribunal decides a practitioner is guilty of unsatisfactory professional conduct or professional misconduct, it can order:

the practitioner’s name be removed from the roll (that is to say, that the practitioner be ‘struck off’);
the practitioner be suspended from practice or be allowed to practice only subject to certain conditions such as being supervised by another practitioner or undertaking further legal education
the practitioner pay a penalty of up to $100,000
the practitioner’s practice pay a complainant compensation of up to $7500 if the practitioner’s unsatisfactory professional conduct or professional misconduct has caused a complainant to suffer pecuniary loss
the practitioner be publicly (or in special circumstances, privately) reprimanded.

The Tribunal must order legal practitioners it finds guilty to pay costs including the complainant’s costs and the Commissioner’s costs unless it is satisfied ‘exceptional circumstances exist’.

The Minister and other parties who are dissatisfied with a decision of the Tribunal can appeal to the Court of Appeal.

Members of the lay and practitioner panels for helping the Tribunal.

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The Legal Practice Committee

The Legal Practice Committee is one of two disciplinary bodies, originally established under the Legal Profession Act 2004 and continued under the Legal Profession Act 2007, to hear and decide disciplinary applications lodged with them by the Commission. The Committee hears the evidence and decides if the legal practitioner is guilty of unsatisfactory professional conduct and, if so, decides the appropriate penalty.

The Committee hears and decides less serious cases that will not result in the practitioner being ‘struck off’ the roll or suspended from practice. It also hears and decides disciplinary applications involving law practice employees.

The Committee also has an advisory function. It monitors the effectiveness of the legal profession rules-the Solicitor’s Rule, the Barrister’s Rule and the Incorporated Legal Practice Rule-and makes recommendations to the Minister. These rules govern the standards of conduct expected of all solicitors, barristers and law practice employees in their practice of law in Queensland.

The Committee comprises seven people appointed by the Governor-in-Council: a Chairperson, two solicitors, two barristers, and two lay people who have a high level of experience and knowledge of consumer protection, business, public administration or another relevant area. The Committee appoints one of its members to be Deputy Chairperson.

When advising, any four committee members must be present. When hearing and deciding disciplinary action, three members must participate: the Chairperson or Deputy Chairperson, a solicitor or a barrister (depending on whether the complaint is about a solicitor or barrister) and a lay member.

Hearings before the Committee are open to the public unless the Committee decides otherwise due to the nature of the evidence. The Committee decides whether a legal practitioner is guilty of unsatisfactory professional conduct—or whether a law practice employee is guilty of misconduct—and, if it does, can order:

the practitioner or employee to be publicly (or in special circumstances, privately) reprimanded
the practitioner pay a penalty of up to $10,000
the practitioner’s practice pay a complainant compensation of up to $7500 if the practitioner’s unsatisfactory professional conduct has caused the complainant to suffer pecuniary loss
the practitioner do or refrain from doing something in connection with their legal practice, be managed in a stated way for a stated period, or be subject to inspection by someone nominated by his or her professional body.

Additionally, the Committee must order legal practitioners it finds guilty to pay costs including the complainant’s costs and the Commission’s costs, unless it is satisfied ‘exceptional circumstances exist’.

Parties who are dissatisfied with a decision of the Committee can appeal to the Legal Practice Tribunal.

The Legal Practice Committee members.

Disciplinary bodies

On this page:

The Legal Practice Tribunal

The Legal Practice Committee

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