Page 2388 - Week 08 - Thursday, 30 August 2007
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In relation to disciplinary proceedings, if the disciplinary tribunal is satisfied that a proceeding may be decided on the material filed with the tribunal without hearing the parties, and the parties consent to that process, the tribunal may decide the matter without a hearing.
New provisions will restrict publication of the identity of a person who is the subject of disciplinary proceedings. However, the person’s identity may be published if the tribunal has made a final decision that the person is guilty of the conduct complained of, and either the appeal period has expired and no appeal has been made, or any appeal has been decided against the person who is the subject of the complaint.
A new section 587A will protect any person from civil liability for any act or omission, done honestly and without recklessness, in the exercise of a function under this act, or in the reasonable belief that the act was in the exercise of a function under this act. The section is intended to apply in addition to other more specific provisions in the act giving protection from liability.
Final implementation of the national model has been a long time in the making. The development of the model law itself has been a long and torturous process, requiring a good deal of good will and effort on the part of the various jurisdictions and their departmental representatives.
At last, this Assembly is in a position to complete the local process of adoption of the model law, allowing the ACT legal profession to commence operation under the new legislation on 1 October 2007.
It is particularly important that we note the preparations the profession has made to implement the new trust accounting and costs provisions on 1 October 2007. Members will be aware that the existing act provides that, until 1 October, the trust accounting and costs provisions of the repealed Legal Practitioners Act 1970 continue to apply.
In conjunction with the impending commencement of the amended act, I will soon be presenting a comprehensive revision of the Legal Profession Regulation 2006, which is an important component of full implementation of the national model law.
My hope is that members will accept an invitation to briefings, both on this bill and on the proposed regulations, before this bill is brought on for debate. Officers from my department will be available to arrange discussions with members who are interested, and members should contact my office.
I understand that the national working party has already scheduled further consideration of revision of the model legislation, leading up to the planned two-year review, and I expect that there will be much to discuss as the operational aspects of the new laws are tested in the workplace. In the meantime, I commend the efforts of all of the stakeholders in this legislation in bringing it to this critical stage. I commend the bill to the Assembly.
Debate (on motion by Mr Stefaniak) adjourned to the next sitting.
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