On 8 July 2005 the Administrative Decisions Tribunal found Frank Santisi guilty of three counts of unsatisfactory professional conduct:
-
receiving money on behalf of another person contrary to s38P of the Legal Profession Act 1987;
- failure to notify the Legal Aid Commission of a change in the means or circumstances of his client;
- failure to provide any or any amended costs disclosure as required by Part 11 of the Legal Profession Act 1987.
At the time the Tribunal handed down its decision on 8 July 2005, Santisi's name was anonimised using the initials 'LH', in accordance with Practice Note 13. However, the hearing of the two Informations on 20 and 21 June 2005 was held in public and in the Tribunal's subsequent decision on penalty (see below) delivered on 9 January 2006, the Tribunal noted that in reading the 9 January 2006 decision, it was possible to cross- reference the decision of 8 July 2005, which appears on the Tribunal's website. Submissions and decision on penalty were deferred.
On 9 January 2006, the Administrative Decisions Tribunal made orders that:
- Santisi be publicly reprimanded;
- Santisi undertake the modules described as Engagement, Management and Maximising Costs Recover and Risk Awareness, conducted by LawCover as part of its Risk Management Education Program, at the next available session;
- Santisi pay the costs of the Bar Association as agreed or taxed.
After hearing submissions, the Tribunal agreed to publish both the decision and reasons on penalty and the barrister's name. The Tribunal indicated it did not intend to republish the decision of 8 July 2005, but noted that in reading the 9 January 2006 decision, it was possible to cross reference the decision of 8 July 2005, which appears on the Tribunal's website.