(1) This section applies if, after completing a hearing under this Part in relation to a complaint against an Australian legal practitioner, the Disciplinary Tribunal is satisfied the practitioner is guilty of unsatisfactory professional conduct or professional misconduct.
(2) The Tribunal may make the order it considers appropriate, including any one or more of the orders specified in this section.
(3) The Tribunal may make the following orders under this subsection:
(a) an order recommending that the name of the practitioner be removed from the local roll;
(b) an order that the practitioner's local practising certificate be suspended for a specified period or cancelled;
(c) an order that a local practising certificate not be granted to the practitioner before the end of a specified period;
(d) an order that:
(i) specified conditions be imposed on the practitioner's practising certificate granted or to be granted under this Act; and
(ii) the conditions be imposed for a specified period; and
(iii) specifies the time (if any) after which the practitioner may apply to the Tribunal for the conditions to be amended or removed;
(e) an order publicly reprimanding the practitioner or, if there are special circumstances, privately reprimanding the practitioner.
(4) The Tribunal may make the following orders under this subsection:
(a) an order recommending that the name of the practitioner be removed from an interstate roll;
(b) an order recommending that the practitioner's interstate practising certificate be suspended for a specified period or cancelled;
(c) an order recommending that an interstate practising certificate not be granted to the practitioner before the end of a specified period;
(d) an order recommending that:
(i) specified conditions be imposed on the practitioner's interstate practising certificate; and
(ii) the conditions be imposed for a specified period; and
(iii) the time (if any) after which the practitioner may apply to the Tribunal for the conditions to be amended or removed.
(5) The Tribunal may make the following orders under this subsection:
(a) an order that the practitioner pay a fine of a specified amount, not exceeding:
(i) for unsatisfactory professional conduct – 100 penalty units; or
(ii) for professional misconduct – 1 000 penalty units;
(b) an order that the practitioner undertake and complete a specified course of further legal education;
(c) an order that the practitioner undertake a specified period of practice under specified supervision;
(d) an order that the practitioner do or refrain from doing something in connection with the practice of law;
(e) an order that the practitioner cease to accept instructions as a public notary in relation to notarial services;
(f) an order that the practitioner's practice be managed for a specified period in a specified way or subject to specified conditions;
(g) an order that the practitioner's practice be subject to periodic inspection by a specified person for a specified period;
(h) an order that the practitioner seek advice in relation to the management of the practitioner's practice from a specified person;
(i) an order that the practitioner not apply for a local practising certificate before the end of a specified period.
(6) The Tribunal may make ancillary or other orders, including an order for payment by the practitioner of expenses associated with orders under subsection (4), as assessed or reviewed in or in accordance with the order or as agreed.
(7) If the practitioner against whom the complaint is made is the supervising legal practitioner for a complying community legal centre, or a practitioner employed by a complying community legal centre, the Tribunal may make an order that any of the following persons must not operate or be involved in the management of a complying community legal centre for the period specified in the order:
(a) a person who is on the board of management (however described) of a complying community legal centre;
(b) a person who is involved in the management of a complying community legal centre.
(8) The Tribunal may find a person guilty of unsatisfactory professional conduct even though the complaint or charge alleged professional misconduct.