89. Application to appoint Disciplinary Tribunal

Where the Council determines under section 87 that there should be a formal investigation, the Council must within 4 weeks apply to the Chief Justice to appoint a Disciplinary Tribunal which must hear and investigate the matter.

Despite subsection (1), where 2 or more matters are pending against a regulated legal practitioner, the Council may apply for one or more matters which in its opinion are more serious in nature to be heard and investigated first and defer the hearing and investigation of the other matters.

Where a Disciplinary Tribunal has been appointed to hear and investigate any matter against a regulated legal practitioner under subsection (1) and before the commencement of the hearing of and investigation into that matter there is any other matter pending against the regulated legal practitioner, the Chief Justice may, on the application of the Council, direct that Disciplinary Tribunal to hear and investigate the other matter or matters.

Where, in the course of its investigation of any matter against a regulated legal practitioner referred to it under subsection (1) or (3) a Disciplinary Tribunal receives information touching on or evidence of the conduct of the regulated legal practitioner which may give rise to proceedings under this Part, the Disciplinary Tribunal may, on the application of the Council, prefer such additional charge against the regulated legal practitioner as it thinks fit with respect to the misconduct and, after giving notice to him or her, hear and investigate the charge, and section 93 applies to such charge accordingly.