Disciplinary action

Where disciplinary action is taken against a lawyer by the State Administrative Tribunal (SAT) or the Supreme Court then the Board is required to keep a Register of Disciplinary Action (RODA) and make it available for public inspection on the Board’s website.

The RODA contains a historical record of disciplinary action taken against lawyers, and is an important means of consumer protection as it allows the public to search those records. The main aim of the RODA is to provide a consumer with access to information that can help the consumer choose a legal practitioner. In addition to the consumer benefits, the RODA also acts as an incentive to a member of the legal profession to develop mechanisms that reduce complaints and improve services.

Disciplinary action is an order of the SAT or Court for or following a finding of unsatisfactory professional conduct or professional misconduct, including actions taken by the SAT or Court following a finding of professional misconduct.

The RODA includes:

  1. the full name of the person against whom the disciplinary action, or previous disciplinary action, was taken
  2. the disciplined person’s business address or former business address
  3. the disciplined person’s home jurisdiction or most recent home jurisdiction
  4. particulars of the disciplinary action, or previous disciplinary action
  5. the date and jurisdiction of:
    1. the disciplined person’s first admission to the Australian legal profession
    2. each subsequent admission of the disciplined person to the Australian legal profession
  6. the disciplined person’s date of birth.

The RODA may not include relevant disciplinary action that is taken because of the practitioner’s injury, infirmity or physical or mental illness. The RODA will be amended if any disciplinary action is quashed on appeal or review.

If disciplinary action is the subject of secrecy provisions or non-disclosure orders (made by SAT or Court) the name and other identifying particulars of a person against whom disciplinary action is taken, and the kind of disciplinary action taken, must be recorded in the RODA. This is considered to be items 1, 3 and 6 above, and the kind of disciplinary action being the finding (i.e. professional misconduct, unsatisfactory professional conduct, struck off roll of practitioners, amongst others), and not the particulars.

Action taken under the previous legislation, including the Legal Profession Act 2008, whether concluded before or after 1 July 2022, may also appear on the RODA. For further information regarding disciplinary action and appeals, please contact the Board by email to info@lpbwa.com.

Register of Disciplinary Action

Register of Disciplinary Action (PDF 741 kB)