What is the Legal Services Division?
What is the Legal Profession Act 2004?
What are original decisions?
What types of order can the Legal Services Division make?
What are review applications?
How do I make a review application to the Tribunal?
When should I lodge my review application?
Who will hear my case?
What do I need to do when corresponding with the Tribunal?
What can I do if I don’t agree with the decision of the ADT?
How do I get more information?
Helpful Links
What is the Legal Services Division?
The Legal Services Division of the ADT deals primarily with complaints about the professional conduct of legal practitioners (often called barristers, solicitors or lawyers) and registered conveyancers referred to it by the Legal Services Commissioner or the Councils of the NSW Bar Association or the Law Society of New South Wales.
You cannot lodge a complaint directly with the ADT. If you wish to lodge a complaint about a New South Wales legal practitioner or a registered conveyancer, you can lodge a complaint in writing with the Office of the Legal Services Commissioner (OLSC), the Law Society of NSW (professional body for solicitors), the Bar Association (professional body for barristers) or the NSW Office of Fair Trading (body responsible for licensed conveyancers). The OLSC oversees the investigation of complaints about the conduct of practitioners and works as part of a co-regulatory system, together with the Law Society of NSW, the NSW Bar Association and the NSW Office of Fair Trading to resolve disputes and investigate complaints about professional conduct. More information about the OLSC can be obtained from:
Office of the Legal Services Commissioner
Level 15, 8-12 Chifley Square
SYDNEY NSW 2000
Telephone: (02) 9377 1800
Facsimile: (02) 9377 1888
www.lawlink.nsw.gov.au/olsc
If the Legal Services Commissioner or the Councils of the NSW Bar Association or Law Society of NSW decide that a legal practitioner has a case to answer they can lodge an application in the Legal Services Division of the ADT. The Bar Association and the Law Society also have internal disciplinary powers.
This Division also reviews some decisions pursuant to the Conveyancers Licensing Act 1995.
What is the Legal Profession Act 2004?
The Legal Profession Act 2004 commenced on 1 October 2005.
The new Act repeals the Legal Profession Act 1987 and makes certain changes. The Act creates two distinct areas of work at the Tribunal. They are:
- applications for original decisions and
- applications for review of reviewable decisions
To go to the Legal Profession Act 2004 click here.
What are original decisions?
The Legal Services Commissioner or the Councils of the NSW Bar Association or the Law Society of NSW can apply to the Tribunal for:
- disciplinary orders s 551 and s 555 or
- directions not to engage in marketing of legal services (s 85)
The Councils of the NSW Bar Association or the Law Society of NSW can also apply to the Tribunal for orders:
- prohibiting the employment of a lay associate (s 18)
- prohibiting partnership (s 19)
- imposing or varying the conditions on a practising certificate (s 51 for a local legal practitioner and s 225 for a registered foreign lawyer)
An individual can apply to the Tribunal for:
- the approval of a lay associate convicted of a serious offence (s 17(3))
- the revocation of a prohibition on partnership (s 18)
- removal of suspension by the holder of a local practising certificate (s 70)
- leave to appeal the decision of a costs assessment of a costs award made by the tribunal
(s 385)
An application to the ADT in its original jurisdiction can be made using this form.
What types of order can the Legal Services Division make?
The Legal Services Division of the ADT can make various orders, including:
- removing the legal practitioner from the profession
- cancelling the legal practitioner’s practising certificate
- imposing conditions on a practising certificate
- imposing a fine of up to $75,000
- delivering a reprimand
- ordering the completion of further legal education
The Division can also, in certain circumstances, make compensation orders.
Similar orders can be made in relation to the professions whose cases are heard in the General Division.
What are Review applications?
An individual can apply to the Tribunal to review the following decisions:
- refusal of application for approval of a lay associate (s 17(4))
- decision following a show cause event (s 75)
- decision to reprimand or make compensation order (s 540 and s 545(4))
- decision to make a compensation order (s 573)
The fee prescribed by the regulation for review applications is $55.00.
How do I make a review application to the Tribunal?
You can fill out an application for review of a reviewable decision. These are available on the internet or from the ADT registry. You cannot lodge the application through the internet. Please post or bring your application together with the fee of $55.00 to the ADT registry.
When should I lodge my review application?
Reviews are carried out under Chapter 5 of the Administrative Decisions Tribunal Act 1997.
It is intended that there will be an exemption under the Administrative Decisions Tribunal (General) Regulation 2004 from the requirement for internal review.
You need to lodge your application to the ADT with 28 days from when you are notified of the decision.
If you want to lodge an application but the time allowed has expired you have to ask for an extension.
You will need to give a reason why you were not able to lodge the application within the time allowed. It will be up to the ADT to decide if the late application is acceptable.
Who will hear my case?
The panel constitution for original applications for disciplinary findings is a presidential member, practitioner member and a lay member. The panel constitution has been expanded to allow for the inclusion of a Supreme Court Judge.
The constitution for applications under s 17(3)(c) for approval of associates convicted of a serious offence, s 51 & s 225 applications for the imposition of conditions on practising certificates and s 70(3) removal of suspension of practising certificates are as directed by the Divisional Head.
Contraventions of advertising under s 85 will be heard by one judicial member.
In review matters the Tribunal will be constituted as determined by the President or the Divisional Head from Legal Services Division members.
The current members of the Legal Services Division can be found in the annual report.
What do I need to do when corresponding with the Tribunal?
All correspondence in relation to current proceedings should be addressed to the Registrar of the Tribunal. Correspondence of this kind should not be addressed to a Member of the Tribunal. A copy of all correspondence must be sent to each other party of the proceedings. The author should record the fact that the correspondence has been sent to the other parties by writing cc: Name of party at the end of the letter. If it has not been copied to the other party, the author must explain in writing why this has not been done. The Registrar will decide how the correspondence is to be handled.
What can I do if I don’t agree with the decision of the ADT?
You can appeal to the Supreme Court against orders and decisions of the Tribunal, however leave of the Supreme Court is required to appeal against:
- interlocutory decisions
- decisions made with consent
- decisions as to costs
Parties may appeal directly to the Supreme Court against decisions of the Tribunal made in its review jurisdiction. There are two exceptions:
- where the Tribunal has made a decision following review of a costs assessor’s determination relating to a costs order that the Tribunal has made in any exercise of jurisdiction conferred on it;
- any decisions of the Tribunal of “a class prescribed by the regulations”. There are none currently prescribed.
How do I get more information?
You can telephone the ADT Registry on (02) 9223 4677 to discuss your application or you can select any of the following links to find out more information.
LINKS
Forms
Legal Profession Act 2004
Administrative Decisions Tribunal Act 1997
Administrative Decisions Tribunal Legislation Further Amendment Act 1998
Administrative Decisions Tribunal Rules (Transitional) Regulation 1998
Administrative Decisions Tribunal (General) Regulation 2004
Office of Legal Services Commissioner
NSW Law Society
The NSW Bar Association
NSW Office of Fair Trading
Law Access
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