Significant amendments to Legal Practitioners Act (SA) 1981 passed
The Legal Practitioners (Disciplinary Matters and Fidelity Fund) Amendment Bill passed State Parliament on 14 November 2025. This Bill makes significant reforms to the regulation of the legal profession, including:
- An increase in the cap of the Legal Practitioners’ Fidelity Fund, which is used to fund the regulatory framework of the profession;
- The transfer of the jurisdiction of the Legal Practitioners Disciplinary Tribunal (LPDT) to the South Australian Civil and Administrative Tribunal (SACAT); and
- Expanding the powers of the Legal Profession Conduct Commissioner (LPCC).
The Society actively advocated for the increase in the cap of the Fidelity Fund to ensure its long-term viability.
The Fidelity Fund, which is largely funded by the interest on solicitor trust accounts, covers the expenses of the Office of the Legal Profession Conduct Commissioner, the Society’s Ethics and Practice Unit, and the tribunal costs for legal practitioner disciplinary matters.
The Society has published an explainer on the importance of these reforms.
The changes to increase the cap will enable the Fidelity Fund to be significantly protected against fluctuations in interest rates and generate a steady return on investments.
The Society also supported measures to more efficiently deal with disciplinary matters and enhance public confidence in the legal profession. However, the Society raised concerns with some aspects of the amendments, particularly the introduction of new health assessment powers.
Under the new regime, the Legal Practitioner Conduct Commissioner can, with the practitioner's consent, make orders for treatment, counselling, rehabilitation programs, or short-term suspension. If consent is refused, the assessment is not undertaken, or if the matter is too serious for consent orders, the LPCC must apply to the Supreme Court for orders compelling assessment/treatment or affecting the practising certificate.
While the legislation has passed, the Society will continue to seek to ensure the use of health assessment powers are not unnecessarily intrusive.
The Society will update the profession when a commencement date has been confirmed.