Statutes Amendment (Legal Profession Review Recommendations) Bill 2025 (SA)

South Australia Statutes Amendment (Legal Profession Review Recommendations) Bill 2025 A Bill For An Act to amend the Judicial Conduct Commissioner Act 2015 and the Legal Practitioners Act 1981.

Contents Part 1—Preliminary 1 Short title 2 Commencement Part 2—Amendment of Judicial Conduct Commissioner Act 2015 3 Amendment of section 16—Discretionary dismissal of complaint 4 Amendment of section 17—Mandatory dismissal of complaint 5 Insertion of section 27A 27A Commissioner's guidelines Part 3—Amendment of Legal Practitioners Act 1981 6 Amendment of section 14AB—Certain matters to be reported to Society 7 Insertion of Part 6 Division 2 Subdivision 2A Subdivision 2A—Interim powers in connection with investigation 77FA Interim power to suspend or impose conditions on practising certificate 8 Insertion of section 95AB 95AB Certain matters to be reported to Commissioner

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Statutes Amendment (Legal Profession Review Recommendations) Act 2025. 2—Commencement This Act comes into operation on the day on which it is assented to by, or on behalf of, the Crown.

Part 2—Amendment of Judicial Conduct Commissioner Act 2015 3—Amendment of section 16—Discretionary dismissal of complaint (1) Section 16(2)—after paragraph (f) insert: (g) that the person who is the subject of the complaint is no longer a judicial officer. (2) Section 16—after subsection (4) insert: (4a) If the Commissioner dismisses a complaint on the grounds that the person who is the subject of the complaint is no longer a judicial officer, the Commissioner must refer the complaint, and provide all records pertaining to the complaint, to the Legal Profession Conduct Commissioner for consideration by the Legal Profession Conduct Commissioner as to whether to investigate the conduct of the former judicial officer under the Legal Practitioners Act 1981. 4—Amendment of section 17—Mandatory dismissal of complaint Section 17(1)(f)—delete paragraph (f) 5—Insertion of section 27A After section 27 insert: 27A—Commissioner's guidelines (1) The Commissioner must establish guidelines in relation to the standard of conduct expected of judicial officers. (2) Guidelines established under subsection (1) must— (a) be developed with reference to the guidelines of the Council of Chief Justices of Australia and New Zealand as published from time to time; and (b) be provided to the Courts Administration Authority and published on a website determined by the Commissioner.