The Administrative Decisions Tribunal in Sydney upheld a decision by the Commissioner of Police to refuse the granting of a security licence under section 16 of the Security Industry Act 1997. The Commissioner of Police claimed that the Caringbah man posed a risk to society due to his close association with the Rebels Motorcycle gang and his poor driving record that included driving while disqualified. Ian Mathie 43 from Caringbah spent over One thousand dollars on a security licence course because he wanted to turn his life around adding "it seems to me that you get painted with a brush and it dries, all I want is a second chance". Mr Pisani who represented the Commissioner of Police asked the tribunal to weigh up the interests of the public against the interests of the individual arguing that the public would not appreciate it if the tribunal were to grant the license to Mr Mathie. In deciding the case judicial member Ms Yvonne Grant had to decide if Mr Mathie was a so called "fit and proper person" to hold a security licence adding "the position of a security Officer is one of trust and a very important one". So as not to incriminate himself during proceedings Mr Mathie was asked to speak in confidence in relation to activities while a member of the Rebel Motorcycle gang. The licence was refused. Mr Mathie brought up a good point during proceedings stating that Colleges offering courses in Security Operations should disclose that there are strict guidelines into the issuing of licences and anyone with a past criminal record may have difficulty in obtaining a security licence.
The NSW Law Society has cancelled the practising certificate of a Sydney Solicitor claiming that the Solicitor misappropriated client’s money and also breached several rules under the Legal Profession Act 2004. The now barred Solicitor Ms Marilynn Ong has applied to the Administrative Decisions Tribunal in Sydney to have the decision reviewed but it is unlikely that the ex-Solicitor will be able to practise in the future and may even have her name struck off the roll. The Law Society’s representative My Boyd claimed in evidence that Ong was spending client’s money at the Casino in Star City where withdrawals of up to one thousand dollars per day were made. According to Bank records spending sprees at Parramatta’s Westfield Shopping Centre also took place. The disqualified Solicitor was forced to close her business Ong & Co in Parramatta after several clients complained of irregularities with payments after the Solicitor failed to pay them the correct proceeds of property sales. One client lost up to eight thousand dollars and had to be reimbursed by the NSW Law Society fidelity fund. During cross examination Deputy President Karpin became irritated at Ong when the disqualified Solicitor made excuses for the serious and inexcusable accounting mistakes. When it was revealed that Ong failed to disclose that she had been suspended to practice as a Solicitor in NSW to her new employer and was still working in the legal profession the hearing was adjourned so that the employer could immediately be notified. The hearing continues in July.
You seem to be a forthright person of good fame and character, said the lawyer to a witness on the stand.
If I wasn't under oath, I'd return the compliment, replied the witness.
So, you think your lawyer is a greedy, dishonest bastard.
Well, despite what the average person believes, most lawyers are good people. They are hard-working, intelligent men and women who base their lives around assisting and representing others. Sure, you might get a bad grape in the bunch, but that’s the same with any profession.
Luckily, there is a mechanism in place to deal with the bad grape. In NSW, the Office of the Legal Services Commissioner receives complaints about lawyers and may either investigate it or refer it to the relevant Law Society or Bar Association for investigation.
A client can therefore make a complaint about his or her lawyer in writing, outlining the alleged conduct being complained of and the particular practitioner it applies to. Complaints can be made at any time but it is best to do so within 3 years after the conduct occurred otherwise the process of the complaint involves a lot more paperwork, time and effort on the part of the complainant.
If the complaint provides insufficient detail, or is frivolous, it will be dismissed without any investigation. On the other hand, should the complaint have substance and investigations reveal there was some sort of misconduct by the practitioner, the matter may either be referred to mediation, concluded by way of cautioning the lawyer, reprimand or by making a compensation order.
In cases of serious misconduct and breaches of the professional code, the Commissioner will commence proceedings in the Administrative Decisions Tribunal. The Tribunal then has the power to strike off the practitioner from the roll, cancel, suspend or restrict the lawyer’s practising certificate or make other relevant orders.
So there you go. If your lawyer really is a lying, greedy bastard, let the Commissioner know. He’ll do something about it.