Table of Contents

Terms of Reference

Participants of Commission

Summary of Principal Recommendations

Legal Profession Inquiry Publications

Preface

PART I: INTRODUCTION

CHAPTER 1. THE DISCUSSION PAPER

I. Terms of Reference

II. The Scope and Structure of this Report

III. The Scope of Part I

IV. The Discussion Paper

CHAPTER 2. DEVELOPMENTS SINCE PUBLICATION OF THE DISCUSSION PAPER

I. The Scope of this Chapter

II. New South Wales

III. Other Australian Jurisdictions

IV. Overseas Jurisdictions

PART II: CENTRAL ISSUES AND BASIC RECOMMENDATIONS

CHAPTER 3. CENTRAL ISSUES

I. Introduction

II. Two Systems or One System?

III. Lay Participation

IV. Bad Professional Work

V. General Comments

CHAPTER 4. AN OUTLINE OF OUR RECOMMENDED COMPLAINTS, DISCIPLINE AND PROFESSIONAL STANDARDS SYSTEM

I. Introduction

II. Structure of the System

III. Conduct within the Application of the System

IV. The Sanctions

V. General

PART III: OTHER ISSUES AND RECOMMENDATIONS

CHAPTER 5. CONDUCT WITHIN THE APPLICATION OF THE SYSTEM

I. Introduction

II. Extra-Professional Conduct

III. Conduct in the Course of Practice

CHAPTER 6. THE ROLES OF THE LAW SOCIETY AND THE BAR ASSOCIATION

I. Introduction

II. The Law Society

III. The Bar Association

CHAPTER 7. THE PROFESSIONAL STANDARDS BOARDS

I. Introduction

II. Composition

III. References to a Board

CHAPTER 8. THE DISCIPLINARY TRIBUNAL

I. Introduction

II. Composition

III. References to the Tribunal

IV. Renewal and Cancellation of Practising Certificates

V. Funding of the Tribunal

CHAPTER 9. INCIDENTAL MATTERS

I. Introduction

II. Inquiries Involving Practitioners Subject to Different Governing Bodies

III. The Effect of a Practitioner Changing his or her Governing Body

IV. The Effect of Civil or Criminal Proceedings on Inquiries

V. Inquiries into Multiple Complaints against a Practitioner

VI. Application for Restoration to the Roll of Practitioners

VII. Legal Aid

VIII. Advertising the System

IX. The Cost of the System

X. Conclusion

CHAPTER 10. CODES OF PROFESSIONAL CONDUCT

I. Introduction

II. The North American Experience

III. The Benson Commission

IV. New South Wales

V. Recommendations

APPENDIX I: TERMS OF REFERENCE

INDEX