Select a link below for more information about disciplinary action that may be taken by the OLSC.
After investigating a complaint the Legal Services Commissioner (LSC) may:
Where the LSC is satisfied that there is a "reasonable likelihood" that the solicitor or barrister will be found guilty by the Disciplinary Tribunal of unsatisfactory professional conduct or professional misconduct, disciplinary proceedings must be instituted subject to
section 300(1) of the Legal Profession Uniform Law (NSW) and paragraph 3 above. While proceedings are commenced in the Disciplinary Tribunal, the Supreme Court of NSW also retains an inherent jurisdiction with respect to the discipline of solicitors and barristers. In such instances, the LSC acts as a "prosecutor" of the complaint. Where matters are commenced by the Law Society of NSW or the NSW Bar Association they act in a similar role.
At the conclusion of the hearing, the Disciplinary Tribunal may make a variety of orders. Such orders include:
In the case of a solicitor's practice, the Disciplinary Tribunal may order that:
The solicitor's practice, or their financial affairs be conducted for a specified period in a specified way or subject to specified conditions.
The Disciplinary Tribunal may also order payment of compensation up to an amount of $25,000 in circumstances where the complainant has suffered loss as a result of the conduct complained of and it is in the public interest that such an order be made. However, the complainant is not entitled to an award of compensation if the complainant has recovered compensation as a result of bringing a negligence or other civil action against the solicitor or barrister, or if the Fidelity Fund provides compensation to the complainant.
The Disciplinary Tribunal may also make orders about the costs of the hearing.
A decision of the Disciplinary Tribunal may be the subject of an appeal.
Decisions made by the
Disciplinary Tribunal may be viewed on the Disciplinary Tribunal's website.