SACAT hears and determines disciplinary actions against legal practitioners under the Legal Practitioners Act 1981 (external site) (external site)
What can SACAT do?
Disciplinary complaints
Complaints (formerly referred to as a ‘charge’) against legal practitioners may be lodged with the Tribunal by the Legal Conduct Commissioner alleging that a legal practitioner has engaged in unsatisfactory professional conduct or professional misconduct.
Complaints can also be lodged can by the Attorney-General, the Law Society of South Australia.
Under the Legal Practitioners Act, SACAT has the power to:
- Reprimand the practitioner
- Require examination of the practitioner’s files and records for a period of time at certain intervals
- Impose a fine up to the value of $100,000
- Impose conditions on the practitioner’s practising certificate, such as:
- complete specified further education or training, or to undergo counselling, within a specified period
- undertake a specified period of supervised practice
- do, or refrain from doing, something in connection with the practitioner's practice
- manage the practitioner's practice in a specified way
- report to a specified person at specified times about the practitioner's practice
- Suspend the practitioner’s practising certificate for a period of time
- Cancel the practitioner’s practising certificate
- Disqualify the practitioner from obtaining or renewing their practising certificate for a period of time
- Recommend conditions be imposed on the practitioner’s practising certificate at the end of the disqualification, such as:
- complete specified further education or training, or to undergo counselling, within a specified period
- undertake a specified period of supervised practice
- do, or refrain from doing, something in connection with the practitioner's practice
- manage the practitioner's practice in a specified way
- report to a specified person at specified times about the practitioner's practice
- Recommend that disciplinary proceedings be instituted against the practitioner in the Supreme Court and the practitioner be struck from the roll
At the conclusion of the disciplinary proceedings, if SACAT is satisfied that the practitioner has engaged in unsatisfactory professional conduct or professional misconduct, SACAT is able to recommend that disciplinary proceedings be commenced against the practitioner in the Supreme Court with a view to having the practitioner struck from the roll of legal practitioners.
For further information on SACAT’s jurisdiction to impose disciplinary action against practitioners, please see the Guideline – Disciplinary Complaints. (external site)
Authorisations to employee, engage or otherwise associate with disqualified persons
A legal practitioner or incorporated legal practice seeking to employ, engage or otherwise associate with a disqualified person must apply to SACAT for an authorisation under the Legal Practitioners Act 1981 before entering into any arrangement that would otherwise be prohibited by the Act.
A disqualified person broadly includes a person who has been removed from the Roll of Legal Practitioners, had their practising certificate cancelled or suspended, been refused renewal of a practising certificate, or is otherwise subject to orders restricting their involvement in legal practice.
Upon receiving an application, SACAT will determine whether it is appropriate to grant the authorisation. The Legal Profession Conduct Commissioner is entitled to be heard and make submissions in relation to the application.
For further information on SACAT’s jurisdiction to grant or refuse authorisations in respect of disqualified persons, please see Guideline – Authorisations. (external site)
When applying to SACAT for disciplinary action you must be in a position to:
- identify the legislative provision(s) you rely on
- state and describe the conduct said to justify the disciplinary findings, and identify the relevant legislative provisions relied upon
- identify the facts, acts or omissions alleged to constitute the conduct that justifies the disciplinary finding
- provide any supporting documents
- pay any relevant application fees.
When applying to SACAT for an authorisation you must be in a position to:
- identify the legislative provision(s) you rely on
- state and describe the agreement, arrangement or association the disqualified person is proposed to be a party to
- identify why the proposed agreement or arrangement will not allow the disqualified person to practice the law or create a risk to the public if the authorisation is granted
- provide any supporting documents
- pay any relevant application fees.
- Start an online application. (external site) (external site)
- In the keyword field in Step 2, type the word ‘legal’ as shown below.
- If you are not sure you have selected the correct application type, you can hover over the ‘question mark’ on the right-hand side to see a brief description.
There is no fee to lodge a disciplinary complaint with SACAT under the Legal Practitioners Act 1981.(external site) (external site)
However, there are fees for an application for an authorisation. The online application form states the applicable fee for the application. The fee must be paid at the time of making the application or the applicant may make an application for the fee to be waived.
SACAT will not do anything with the application until any applicable fees have been paid or waived.
Further information about SACAT fees and charges is available at our website, Fees and charges and Fee waivers and exmeption (external site).
I need more help
If you have further questions call SACAT on 1800 723 767.
A staff member from SACAT can also help you complete your application over the phone.
SACAT can also review certain decisions made under Legal Practitioners Act 1981
