Public Notaries Act 1997 – Schedule 1 – Clause 9 Provisions Consequent on Enactment of Legal Profession Amendment Act 2005 – New Complaints About Old Conduct

Unlike the earlier “saving” provisions of the Fist Schedule to this Public Notaries Act 1997 (NSW) this clause 9 states that disciplinary matters arising from conduct which occurred while the repealed Public Notaries Act 1985 (NSW) was in force, i.e. “new complaints about old conduct”, are to be determined under the existing scheme. The particulars of this clause 9 sate the following:

(1) This clause applies to conduct that occurred or is alleged to have occurred before the commencement of this clause and that could have been the subject of a complaint under Part 10 of the Legal Profession Act 1987 as applied by section 14 of this Act.
(2) A complaint about the conduct may be made, and dealt with, under this Act and the Legal Profession Act 2004, even if the conduct could not be the subject of a complaint if it had occurred after the commencement of this clause.
(3) Chapter 4 of the Legal Profession Act 2004, and any other relevant provisions of that Act, apply to and in respect of such a complaint and any proceedings relating to it, and so apply with any necessary adaptations.
(4) However, the Legal Services Commissioner, the Bar Council, the Law Society Council or the Administrative Decisions Tribunal may not make any determination or order of a disciplinary nature against the person in respect of whom the complaint was made that is more onerous than that which could have been made under the Legal Profession Act 1987.

The only reservation and restraint on the general spirit of this clause 9 is contained in 9(4) which states that no penalty can be made against the Notary Public against whom a complaint is made for conduct under the old scheme, which would be greater than the penalty that the old scheme would allow.

Notarial services in Sydney (mobile in North Sydney, St Leonards and surrounds) can be offered to meet an individual’s or business needs, including the witnessing of affidavits, the authentication of materials, the taking of declarations, as well as the preparation of other notarial certificates that are intended to be used by overseas government authorities, non-government organisations (NGO) or other private institutions situated outside Australia. If you are looking for a Sydney Notary Public, we look forward to hearing from you. 

The information provided on this page is based on reprint No. 1 (9/5/2006) of the Public Notaries Act 1997 (NSW) as in force on 17/7/2009. This brief article is published and intended to be used for general knowledge purposes only and is not to be used as legal advice. This short article is copyright to the writer.