Deals with alleged professional misconduct by legal practitioners.
The Legal Practitioners Disciplinary Tribunal, established under the Supreme Court Act 2018, is to deal with any act or alleged act of misconduct by a legal practitioner.
Composition of Tribunal
The Tribunal is constituted by members appointed by the Minister in consultation with the Registrar of Courts and President of the Society, as follows:
- a person qualified to be appointed as a Judge of the Supreme Court, who shall be the chairperson;
- a legal practitioner employed by the Government; and
- a legal practitioner who has practiced law in private practice for 10 years or more.
The Registrar of Courts serves as the Secretary to the Tribunal.
Functions of Tribunal
The Tribunal’s functions include:
- hearing and deciding cases of professional misconduct
- dismissing complaints that have no merit
- recording settlements between practitioners and complainants
- ensuring practitioners receive adequate notice of hearings and an opportunity to present a defence
- investigating allegations as it considers appropriate
- determining whether professional misconduct has occurred and imposing appropriate penalties.
Powers of Tribunal
The Tribunal has all powers necessary to perform its functions. It also has the same powers as Supreme Court Judge. Its decisions must be implemented promptly by the Registrar.
Complaints
All complaints of professional misconduct must be in writing and submitted to the Secretary, who must investigate (or arrange an investigation) and provide a report to the Tribunal within 30 days. If the Tribunal decides a disciplinary hearing is necessary, the Secretary must arrange it in accordance with the prescribed regulations.
Additionally, a judicial officer may refer concerns about a practitioner’s conduct to the Registrar for investigation and, if appropriate, disciplinary proceedings. However, such a referral does not constitute a finding of misconduct.
The Registrar is required to institute disciplinary proceedings where a practitioner has contravened the provisions of the Act.
Appeals
A legal practitioner who is dissatisfied with a judgment, decision, or order of the Tribunal may appeal as of right to the Nauru Court of Appeal. Such appeals are treated as civil appeals.