At the conclusion of an investigation, the Commissioner will publish a Determination if misconduct is found.
The Commissioner has power to take a broad range of disciplinary action. Where the Commissioner is satisfied that a practitioner's conduct amounts to unsatisfactory professional conduct, the Commissioner may take action including:
- reprimanding the practitioner;
- ordering the practitioner to apologise;
- ordering the practitioner to redo work or to pay for the work to be redone;
- requiring the practitioner to undertake training, education or counselling or to be supervised
- imposing a fine;
- imposing conditions on a practising certificate.
Where the Commissioner is satisfied that a practitioner's conduct amounts to professional misconduct, the Commissioner may take any of the above or action or other action including:
- suspending the practitioner's practising certificate;
- requiring the practitioner to make specified payments
- requiring the practitioner to refrain from doing specified acts in connection with legal practice.
For all possible disciplinary actions which the Commissioner may take, see section 77J of the Act.
If the Commissioner is not satisfied that his disciplinary powers are adequate, he must lodge a complaint with the South Australian Civil and Administrative Tribunal or institute disciplinary proceedings in the Supreme Court.
