The Tribunal receives, reviews and determines complaints made against registered attorneys in Australia and New Zealand. Here's how the process works.
How does the hearings process work?
The duration of the process depends on the context of the case and the material presented to the Tribunal.
Step 1. The complaint is referred
Anyone can file a complaint against an attorney with the Board. Once the initial complaint is received, the Board will investigate the complaint to determine whether the attorney has breached the Code of Conduct.
The Board may also decide to bring charges against an attorney after its own investigations, without having to receive a complaint from a member of the public.
The Board will refer the matter to the Tribunal and will commence disciplinary proceedings if there is areasonable likelihood of:
- professional misconduct
- unsatisfactory professional conduct, at the discretion of the Board.
Step 2. The Tribunal hears the case
Hearings before the Tribunal:
- must be at least 21 days after the attorney has been notified
- are conducted quickly and informally
- must be in public unless the tribunal decides it is not in the public interest or if the evidence is confidential in nature
- are held in person or by video conference
- can take place in Australia or New Zealand. If the attorney before the Tribunal resides in New Zealand, then at least one member of the panel must reside in New Zealand.
The Tribunal is not bound by the rules of evidence, but may take evidence on oath.
Complainants are usually given the opportunity to attend hearings and may be summoned as a witness. The attorney who is the subject of the complaint must produce documents and give evidence to identify the documents
Summoned witnesses:
- must give evidence and produce all documents mentioned in the summons
- are subject to penalties if they do not comply without a reasonable excuse
- can refuse to answer questions or produce documents if the answer to the question or documents may tend to prove the person had committed an offence against a law of the Commonwealth or a state or territory.
Privacy statement
You can learn more about the Tribunal management plan and privacy statement.
Step 3. An outcome is handed down
There are 3 possible outcomes of a Tribunal decision:
- not guilty of the charges
- guilty of the charges but decide to impose no penalty
- guilty of the charges and decide that a penalty is appropriate in all the circumstances.
For a finding of unsatisfactory professional conduct, the Tribunal may:
- administer a public reprimand to the attorney
- suspend the attorney's registration for up to 12 months
- require the attorney to undertake additional continuing professional education
- require the attorney to work for up to 2 years under the supervision of an experienced registered attorney.
If the Tribunal finds an attorney guilty of professional misconduct, it may:
- cancel the attorney's registration
- suspend the attorney's registration for between 6 and 12 months
- require the attorney to undertake additional continuing professional education
- require the attorney to work for up to 2 years under the supervision of an experienced registered attorney.
If the Tribunal finds the attorney guilty of being unqualified when they registered, it may:
- cancel their registration
- reprimand the attorney (if they subsequently obtained the qualification).
If the Tribunal finds that the attorney obtained their registration by fraud, the tribunal must cancel the registration.
Appointing a registered patent attorney
The Tribunal may appoint a registered patent attorney to carry on the practice of a former patent attorney whose registration has been cancelled or suspended.
If a registered attorney is appointed to carry on the practice, the attorney must obtain the clients' consent to act on their behalf.
Appeals
Appeals against decisions made by the Tribunal can be lodged through the Administrative Appeals Tribunal.
Step 4. The outcome is made public
Once the disciplinary decision has been handed down, the Board publishes the decision for public viewing.