Committee Charter

 

PROFESSIONAL RESPONSIBILITY COMMITTEE

  1. AREAS OF RESPONSIBILITY

    The Professional Responsibility Committee (PRC) is the committee of the Association which deals with (collectively regulatory matters):

    1. the barristers rules;
    2. the constitution;
    3. disputes between members and between members and non-members;
    4. the regulation of the Association and its affairs;
    5. the regulation of legal practitioners;
    6. disciplinary investigations.
  2. FUNCTIONS

    The PRC is responsible for:

    1. reviewing the content and where appropriate initiating reform of the barristers rules;
    2. annually reviewing the adequacy and appropriateness of the barristers rules in accordance with the 5 year risk management plan;
    3. reviewing awareness of h the barristers rules in accordance with the 5 year risk management plan;
    4. reviewing the content and where appropriate initiating reform of the constitution;
    5. monitoring and initiating improvements to the regulation of the Association and its affairs;
    6. monitoring and making submissions for improvements to the regulation of the legal practitioners;
    7. giving rulings to members whether proposed conduct would infringe the barristers rules;
    8. investigating alleged breaches and circumstances which come to its attention which may constitute breaches by members of the barristers rules;
    9. where appropriate, attempting to resolve disputes between members or between a member and a solicitor or client;
    10. nominating members of the joint Law Society/Bar Association Adjudication Panel;
    11. liaising with the Law Society of South Australia and the Legal Practitioners Conduct Board concerning regulatory matters;
    12. liaising with the ABA and sibling bar associations within Australia (usually via the President) concerning regulatory matters;
    13. liaising with the LCA (usually via the President) concerning regulatory matters;
    14. liaising with the Conduct Board concerning the observance by members of appropriate standards of conduct and practice in accordance with the 5 year risk management plan;
    15. reviewing complaints and discipline data to assess compliance with the barristers rules in accordance with the 5 year risk management plan;
    16. reviewing problematical ethical dilemmas encountered by barristers in accordance with the 5 year risk management plan;
    17. monitoring the implementation of the code of ethics component and the complaints, discipline and mediation component of the 5 year risk management plan;
    18. annually assessing the effectiveness of the code of ethics component of the 5 year risk management plan by reference to the numbers, types and seriousness of findings of unsatisfactory or unprofessional conduct against barristers;
    19. annually reviewing the adequacy and effectiveness of the complaints system for the making of complaints to the Bar and to the Conduct Board in accordance with the 5 year risk management plan;
    20. annually reviewing the adequacy and effectiveness of the discipline system involving the Conduct Board, Tribunal and Supreme Court in accordance with the 5 year risk management plan;
    21. annually reviewing the adequacy and effectiveness of the conciliation system operated by the Conduct Board in accordance with the 5 year risk management plan;
    22. reviewing the scope of its activities and of this charter.
  3. CONSULTATION WITH PRESIDENT

    The PRC consults with the President:

    1. prior to any proposed dealings with the ABA or LCA;
    2. as necessary or desirable.
  4. MEETINGS

    The PRC meets:

    1. at least tri-monthly on the second last Thursday of January, April, July and October or on such substitute days or more frequently as is determined by the Chair;
    2. on such other occasions convened by the Chair as are desirable to perform its functions;
    3. in person or by telephone conference as is determined by the Chair.
  5. The quorum for a meeting is 3 members of the PRC. The procedure at meetings is determined by the Chair.

    The PRC by its secretary maintains minutes of its meetings and forwards those minutes to the Association’s executive assistant within 7 days of each meeting.

  6. REPORTING

    The PRC reports:

    1. orally by its Chair (or nominee) to the Bar Council at each meeting of the Bar Council in even months and otherwise as appropriate;
    2. in writing annually to the AGM.
  7. WORKING GROUPS

    The PRC may form one or more working groups dedicated to specific aspects of its functions or specific projects.

    A working group comprises at least one person who is a member of the PRC and such other members of the Association as the PRC appoints.

  8. MEMBERSHIP

    The membership of the PRC comprises:

    1. the Chair;
    2. the Secretary;
    3. between 4 – 8 other members.
  9. The Bar Council may from time to time appoint or remove a person as a member of the PRC.