Disciplinary action may be taken by the Legal Profession Conduct Commissioner, the Legal Practitioners Disciplinary Tribunal, the Supreme Court or in some cases, by their interstate equivalents.
A finding of Professional Misconduct, whether made by the Commissioner, the Tribunal or the Supreme Court, must be published on the Register.
A less serious finding of Unsatisfactory Professional Conduct may be included on the Register, at the discretion of the Commissioner.
Not all lawyers subject to disciplinary action prior to 1 July 2014 are listed on the Register. Only lawyers who have been struck-off (ie removed from practice), suspended from practice or placed under supervision for a period of time (and which is still in effect as at 1 July 2014) are on the Register. Some information isn't on the Register for older disciplinary actions.
Lawyers found guilty of misconduct in other jurisdictions may have their details published on an interstate disciplinary action register.
If a finding that is entered on the Register is appealed, then the fact of the appeal will also be noted on the Register. If the appeal, or indeed any review:
The Act and the Regulations were amended as from 30 July 2017 so that, in some cases, the Commissioner now has the discretion to remove information that he had previously included on the Register. However, he can only do so where the information relates to relatively minor misconduct, and only if it has been at least 2 years since the later of:
Disclaimer: The Commissioner is required to maintain the Register of Disciplinary Action in accordance with the Act, Section 89C. While all reasonable care is taken to make sure the information on the Register is correct and up-to-date, the Commissioner is not liable for any loss or damage that may result from reliance on the Register or from any error or deficiency in the Register. The Commissioner also has certain specific protections from liability under section 89F of the Act.