If the Legal Profession Conduct Commissioner (LPCC) considers that a lawyer's conduct is unsatisfactory professional conduct or professional misconduct, the LPCC can lodge a complaint with the South Australian Civil and Administrative Tribunal SACAT.

SACAT is an independent body set up under the South Australian Civil and Administrative Tribunal Act 2013 (SA). SACAT also hears and determines disciplinary applications for a range of other professions and occupations, including architects, vets, health practitioners, land agents and second-hand vehicle dealers. More information is available on the SACAT website.

Complaints can be lodged by the LPCC, the Attorney-General and the Law Society of South Australia [s 79(3)]. Complaints cannot be lodged by a private individual.

Disciplinary complaints will be heard by a presidential member or designated senior member and two panel assessors (one assessor being a legal practitioner of at least 5 years standing and the other assessor being a member of the public) [s 78].

The President of SACAT may determine that a disciplinary complaint be heard solely by a presidential member or a designated senior member. A Magistrate may also preside over proceedings as the President of SACAT considers appropriate.

SACAT’s Powers

If SACAT is satisfied that the lawyer is guilty of unsatisfactory professional conduct or professional misconduct it has power to do one or more of the following [s 81]:

A lawyer cannot apply to SACAT for internal review of a decision imposing disciplinary action [s 86]. If a lawyer is dissatisfied with a SACAT decision, they may apply to the Supreme Court.