Legal Services Commissioner v DRA (No 2) [2018] NSWCATOD 195

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Legal Services Commissioner v DRA (No 2) [2018] NSWCATOD 195 Hearing dates: 26 November 2018 Date of orders: 14 December 2018 Decision date: 14 December 2018 Jurisdiction: Occupational Division Before: S Westgarth, Deputy President R Dawson, Senior Member M Bolt, General Member Decision: (1) Pursuant to section 562 of the Legal Profession Act 2004: (a) The respondent be reprimanded; (b) The respondent, should he apply for a practising certificate from either the Law Society of NSW or the NSW Bar Association (or equivalent inter-state regulatory authority), must: (i) draw these proceedings to the attention of the relevant regulatory authority from which a practising certificate is sought; and (ii) provide the relevant regulatory authority with an updated medical and alcohol treatment report;

(2) The respondent pay the applicant's costs;

(3) From the date of these orders, pursuant to s 64(1)(a) and (4) of the Civil and Administrative Tribunal Act 2013 and until further order, the name of the respondent or anything that identifies the respondent or is likely to lead to the respondent's identification shall not be disclosed in any of the Tribunal's reasons for decision;

(4) Notwithstanding Order 3, there may be disclosure or publication of any of the matters referred to in those orders as follows: (a) where permitted pursuant to s 462 of the Legal Profession Uniform Law; and/or (b) Through the sharing of information between the applicant, the Legal Services Commissioner, the Law Society of New South Wales and the Council of the New South Wales Bar Association as provided in s 158 of the Legal Profession Uniform Law Application Act 2014; and/or (c) through the sharing of information with any entity or body equivalent to the Applicant, the Legal Services Commissioner, the Law Society of New South Wales and the Council of the New South Wales Bar Association in another jurisdiction for the purposes of the performance of the functions of any of the Applicant, the Legal Services Commissioner, the Law Society of New South Wales or the Council of the New South Wales Bar Association or the equivalent entity or body under the Legal Profession Uniform Law, the Legal Profession Uniform Law Application Act 2014 or equivalent legislation in another jurisdiction.