LEGAL PRACTITIONERS COMPLAINTS COMMITTEE RULES (Repealed)

This reprint shows the Rules as in force at 7 July 2003. Any amendments that may come into operation after that date are not included.

These Rules may be cited as the Legal Practitioners Complaints Committee Rules.

In these Rules, a reference to a form by number is a reference to a form so numbered in the Schedule.

A notice of appeal under section 49(1) of the Act shall be in accordance with Form 1.

A charge of professional misconduct under section 50(1) of the Act shall be in accordance with Form 2, and, in the case of a charge by a person who lodged a complaint under section 46 of the Act and who is not satisfied with the Law Society's disposal of the matter, shall be lodged with the Secretary of the Complaints Committee within 21 days after the person receives notice of the disposal of the complaint.

(a) to the legal practitioner or former legal practitioner whose conduct is the subject of the inquiry – shall be in accordance with Form 3; and

(b) to the person on whose application the inquiry is to be held – shall be in accordance with Form 4.

A summons under section 51(1) of the Act shall be in accordance with Form 3 or Form 5, as the case requires.

A certificate under section 51(4)(a) or (b) of the Act shall be in accordance with Form 6.

A certificate under section 51A(3) of the Act shall be in accordance with Form 7.

A notice of appeal under section 51B of the Act shall be in accordance with Form 8.

(1) Subject to subrule (2), the service of a document on a person may be effected by serving it on him personally or by leaving a copy with a person, who has apparently attained the age of 16 years, at the address for service or last known place of business or abode of the person on whom it is to be served, or by posting it to him at his address for service or last known place of business by prepaid certified or registered mail.

(2) Where it appears to the Complaints Committee that service or reasonably prompt service of a document cannot be effected under subrule (1), it may make such order for substituted or other service or for the substitution of notice by letter, telegram, public advertisement, or otherwise, as it thinks fit.

A notice required to be given, or other document required to be signed by or on behalf of the Complaints Committee, may, except where otherwise provided by the Act, be signed by the Chairman or Secretary or by a person duly authorized by the Complaints Committee in that behalf.

Where a charge has been laid under section 50(1) of the Act, the Complaints Committee may:

(a) request the person laying the charge to provide further particulars of the charge within the time fixed by the Complaints Committee for complying with the request; and

(b) allow the amendment of the charge or a question or matter referred to it, or the addition of a further charge, question or matter, on such terms as it thinks fit.

(1) The Complaints Committee may engage a legal practitioner and such other persons as it thinks fit for the purpose of assisting it.

(2) A legal practitioner or other person engaged under subrule (1) may, at the direction of the Complaints Committee, investigate a matter that is the subject of an appeal under section 49(1) or a charge under section 50(1) of the Act, or that is incidental to such a matter, before the commencement, or at or after the hearing, of the appeal or inquiry.

(3) Without limiting the generality of subrule (2), the legal practitioner or other person engaged under subrule (1) may, at any reasonable time:

(a) inspect books, accounts, documents or writings in the custody or control of a legal practitioner or former legal practitioner by whom an appeal under section 49(1) of the Act has been lodged or against whom a charge under section 50(1) of the Act has been laid, or of a person employed by the legal practitioner or former legal practitioner; and

(b) make notes or copies of, or take extracts from, such books, accounts, documents or writings.

(4) A legal practitioner engaged under subrule (1) shall, at the direction of the Complaints Committee, appear before the Complaints Committee and represent a complainant (including a person who laid a complaint under section 46 of the Act against the decision under section 47 in relation to which an appeal under section 49(1) is lodged) who is not otherwise represented by a legal practitioner before it.

The Complaints Committee is, in the hearing of an appeal or inquiry, bound by the rules of evidence.

(1) A person who intends to produce in evidence at the hearing of an inquiry, or as fresh evidence at the hearing of an appeal, by the Complaints Committee a book, account, document or writing shall lodge a copy of it or the relevant part of it with the Secretary of the Complaints Committee not later than 14 days before the hearing of the inquiry.

(2) The Complaints Committee may, on such terms as to costs or otherwise as it thinks fit, accept as evidence a book, account, document or writing notwithstanding that it was not lodged with the Secretary of the Complaints Committee in accordance with subrule (1).

(b) in the case of an appeal under section 49(1) of the Act, the person who laid the complaint under section 46 against the decision under section 47 in relation to which the appeal is lodged,

or the person representing him, may open his case by stating concisely the facts upon which he intends to rely, and the person against whom the charge is laid or the appellant, or the person representing him, may on the conclusion of the evidence submitted on behalf of the person laying the charge, state concisely his defence to the charge or complaint.

(2) All arguments may be heard upon the conclusion of the presentation of all the evidence.

(1) Where the Attorney-General or the Law Society lays a charge of misconduct under section 50(1) of the Act, he or it, as the case may be, shall appoint a person to appear to be heard and present evidence on his or its behalf.

(2) A person appointed under subrule (1) may be present and heard at the hearing in respect of which he is so appointed.

The Complaints Committee may, from time to time, adjourn the hearing of an appeal or inquiry on such terms, as to costs or otherwise, as it thinks fit.

(1) Subject to subrule (2), the Complaints Committee shall, after the conclusion of the hearing of an appeal or inquiry, make known its findings.

(2) Where the Complaints Committee is unable to make known its findings at the conclusion of the hearing of an appeal or inquiry, it shall, at the time of the hearing, set a date, time and place when it shall make known its findings.

(3) The Complaints Committee shall, within 7 days after making known its findings, send to all persons concerned with the appeal or inquiry a notice in writing of its findings.

(1) The Complaints Committee shall cause to be taken and kept records, in such form as it thinks fit, of all proceedings before it.

(2) The Secretary of the Complaints Committee shall cause to be maintained a register, in a form approved by the Complaints Committee, of charges laid under section 50(1) and appeals under section 49(1) of the Act.

(3) A copy of the transcript of proceedings before the Complaints Committee may be obtained from the Secretary of the Complaints Committee by a party to those proceedings upon the payment of the reasonable costs of preparing the copy.

(1) All books, accounts, documents and writings produced at or in connection with an appeal or inquiry by the Complaints Committee shall, unless it or a court otherwise directs, be retained by the Secretary of the Complaints Committee until:

(a) the time during which an appeal under section 51B of the Act may be instituted has expired; or

(b) where an appeal has been instituted, the determination or disposal of the appeal.

(2) A legal practitioner engaged under rule 13(1) may inspect all books, accounts, documents and writings lodged with the Secretary of the Complaints Committee in relation to the appeal or inquiry in respect of which he is so engaged.

(3) A person who is a party to an appeal under section 49(1), or who lays a charge under section 50(1) of the Act and the legal practitioner or former legal practitioner who lodges an appeal or against whom the charge is laid may, at any reasonable time, inspect all books, accounts, documents and writings lodged with the Secretary of the Complaints Committee and, at his own expense, obtain copies thereof.

(4) A member of the Complaints Committee shall not, before the hearing of an appeal or inquiry by the Complaints Committee, inspect a book, account, document or writing lodged with the Secretary of the Complaints Committee, other than a document provided for in the Schedule or an annexure to such a document.

The Complaints Committee may, on such terms as it thinks fit, dispense with the requirements of these Rules in relation to documents, service or time in respect of proceedings before it, or may extend the time for doing anything under these Rules.

Legal Practitioners Complaints Committee.
I, ..............................................................................................................

of ............................................................................................................,

a legal practitioner, hereby give notice of appeal against the admonishment/fine* imposed by the Law Society under section 47(1)(c) of the Legal Practitioners Act on the ..........................., day of .......................,19...., on the following grounds:

..........................................................................................................................

.........................................................................................................................

1. I, ...........................................................................................................

of ................................................................................................................

the person who lodged a complaint under section 46 of the Act and who is not satisfied with the

hereby lay a charge of professional misconduct against
..................................................................................................................

of..............................................................................................................

..................................................................................................................

3. The particulars relied on are as follows:/set out in the statement annexed hereto*
Dated this day of , 19 .

To: ...................................................................................................................

of ............................................................................................................,

A charge of misconduct has been laid against you by
.................................................................................................................

.................................................................................................................

to the Legal Practitioners Complaints Committee under section 50 of the Legal Practitioners Act.

The Complaints Committee will sit on the ...................day of ........................., 19... at ................... o'clock in the ................................ at ................................

You are hereby summoned to attend the inquiry by the Legal Practitioners Complaints Committee to be held at the time and place specified herein.

If you fail to attend at the time and place specified herein, the Complaints Committee may proceed with the inquiry in your absence. It is also an offence against section 51(3) of the Act to neglect or fail without reasonable excuse to attend before the Complaints Committee having been summonsed to do so.

You may call and give evidence, examine or cross-examine witnesses and make submissions to the Complaints Committee.

You may inspect the books, papers or documents or a copy of any book, paper or document furnished to the Complaints Committee in relation to the inquiry.

To: ..........................................................................................................

of ...........................................................................................................,

The Complaints Committee will sit on the ............... day of ................., 19..., being not less than 7 days after the date of this notice, to conduct an inquiry into the charge of misconduct against:
................................................................................................................

of .............................................................................................................

to the Complaints Committee under section 50 of the Legal Practitioners Act laid by you.

If you fail to attend at the time and place specified herein, the Complaints Committee may proceed with the inquiry in your absence.

You may call and give evidence, examine or cross-examine witnesses and to make submissions to the Complaints Committee.

You may inspect the books, papers or documents or a copy of any book, paper or document furnished to the Complaints Committee in relation to the inquiry.

To: ..........................................................................................................

of ............................................................................................................,

......................................................................................................

of ...................................................................................................

The Complaints Committee will sit on the ....................................... day of ........................., 19... at .......... o'clock at ........... If you fail to attend at the time and place specified herein, the Complaints Committee may proceed with the inquiry in your absence.

*2. You are required to produce to the Complaints Committee 7 days before the hearing of the inquiry the following:

......................................................................................................

and a copy of all books, papers or documents that you propose to put in evidence.

I, .............................................................................................................,

the Chairman of the Legal Practitioners Complaints Committee, by virtue of section 51(4) of the Legal Practitioners Act, hereby certify that:
.................................................................................................................

of ...........................................................................................................,

being a person who has been summoned under section 51(1) of the Legal Practitioners Act in relation to an inquiry by the Complaints Committee on the .......................... day of ......................., 19..., at ................ into a charge of professional misconduct by:
.................................................................................................................

of ............................................................................................................,

legal practitioner/former legal practitioner* made by:
.................................................................................................................

of ............................................................................................................,

.................................................................................................................

*having attended, refused to be sworn, to affirm or to answer a relevant question when required to do so by the Complaints Committee.

I, ...........................................................................................................,

the Secretary of the Legal Practitioners Complaints Committee, by virtue of section 51A(3) of the Legal Practitioners Act, hereby certify that the fine and costs ordered in relation to an inquiry by the Complaints Committee on the ................................. day of ................................, 19... into a charge of professional misconduct by:
.................................................................................................................

of ...........................................................................................................,

legal practitioner/former legal practitioner* made by:
.................................................................................................................

of ............................................................................................................,

.................................................................................................................

I, ...........................................................................................................

of ..........................................................................................................,

legal practitioner/former legal practitioner* hereby appeal under section 51B of the Legal Practitioners Act to the Supreme Court against the reprimand/order* of the Legal Practitioners Complaints Committee on the .......................day of ............................................, 19...
The grounds of my appeal are as follows:

.................................................................................................................

amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted

Legal Practitioners Complaints Committee Rules (SL No. 45, 1983)
Notified	22 December 1983
Commenced	22 December 1983
Statute Law Revision Act 2001 (Act No. 3, 2001)
Assent date	22 March 2001
Commenced	22 March 2001
Statute Law Revision Act (No. 2) 2003 (Act No. 44, 2003)
Assent date	7 July 2003
Commenced	7 July 2003

Northern Territory Repealed Regulations

LEGAL PRACTITIONERS COMPLAINTS COMMITTEE RULES