Australian Capital Territory Numbered Regulations

ACT CIVIL AND ADMINISTRATIVE TRIBUNAL (TRANSITIONAL PROVISIONS) AMENDMENT REGULATION 2009 (NO 1) (NO 51 OF 2009) - REG 7

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Schedule 3     Modification— Legal Profession Act 2006

(see s 67)

[3.1]     New section 423A

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423A     Restriction on publication of certain identifying material from application

    (1)     A person must not publish an account or report of an application under this part if the account or report—

        (a)     discloses the identity of the person who is the subject of the complaint to which the application relates (the person concerned ); or

        (b)     allows the identity of the person concerned to be worked out.

    (2)     However, the identity of the person concerned may be disclosed in an account or report of the application if—

        (a)     a final decision has been made that the person concerned is guilty of the conduct complained of; and

        (b)     either—

              (i)     the appeal period has ended and no appeal has been made; or

              (ii)     any appeal has been decided against the person concerned.

    (3)     In this section:

"appeal" means an appeal under the ACT Civil and Administrative Tribunal Act 2008 , section 79 against a decision by the tribunal.

"appeal period" means the period within which an appeal may be made.

Note     See the Court Procedures Rules 2006 , r 5052 (Appeals to Supreme Court—general powers) and r 5103 (Appeals to Supreme Court—time for filing notice of appeal).