EFTA00268792.pdf

Kea:AT/ AG -pirz4ne_ ccAlc(X-r of tekv4-/CR coNN)C-c-re AND (nWoo)eism I t.) Cot sn Pen 42,0(7 DermAjt-tentr- 'krC L e-- -77-hit i Al_secre 01\1 .... co/JSPfcasojrKE at,IeP trAt-r -C._ • oar,: — L•t: r N.. H E LAW SOCIETY ETHICS AND PRACTICE S .y F SOUTH AUSTRALIA PeeliMidemsGPOBac2C66.Adeb*Sk5501 • DX:13 Aceiace Oa3) A )) %1II 1 E • Inv?. Lt."00ebia sin au Level 10. Itoace lcuters.118 lkt1I Torract AdelaiSe SA b001: Ms Jacqueline Pearce 23 March 2017 Our ref Dear Ms Pearce Complaints against practitioners eidi Salvemini, chlan McAuliffe, Bill Otham, Michael Wood, Eugenia Matthews, Davi eather Mack, Dino Di Rosa, John James Johnson I confirm receiving your letter with annexure dated 1 March 2017, directed to the Society regarding your complaint against the above mentioned practitioners. Complaints against legal practitioners in South Australia fall within the jurisdiction of the Legal Profession Conduct Commissioner. It appears from your documents that you are aware of this and so I remind you that the Commissioner can be contacted at: Level 10 30 Currie Street Adelaide. SA 5000 Telephone I attach your correspondence and annexure and request that you forward it to the Commissioner directly. Please note that with regard to complaints against Magistrates I would suggest that you contact the Courts Administration Authority to establish the correct process. They can be contacted at: 20 Main Rood - Port Pule, South Australia, 5540 Postal Address: The Registrar Port Pink. Magistrates Court PO Box 583 Port Pine SA 5540 the Low Society of South Austtalio S. a CO•ft it urn( Member of the low Counci of Australia EFTA00268792 Dear Nadine Lambert, ' /OW WA)exkies) 1 N coN5FIkez) re--)06-R, oe F Le{ vvyERS irJ‘.; oc1/4.)EPIeniT / N 02017 ID C--771/Ki Man - 7/13/2020 Mal - Jacqueline Pearce - Outlook ja114- t_ I N.SECT- RE: Confidential -Your Complaint about Ms Heidi Salvemini Jac 'rtt Pearce 0 PM 1 attachments (691 K6) > ou today in relation to our prey ence in r rt eidi Salvemini, e side La Port Pirie Illeg representatto reearts, orcrenng of the I have just received a copy of an appointment made for the after I had informed this person to contact you in regards to the illegal representation of which this was ordered. Refer to Attached I am requesting your immediate attention in relation to this urgent mattes under the act of this illegal representations threat of usin her a self placed within the im ' nt the police offences th denial of legal aid, Bill Otham _not carry a term of imprisonment. too u a holds no relevance to the police offences or can stand within a court of law and hold power to that effect against myself._ I am requesting that you contact the Port Pirie Courthouse in relation to the copy of the official letters being faxed through the fines department to the magistrate on the 4/ 04 / 2016, in relation • to this illegal representation and the official letters of your investigation into these matters. 7 .--5.------- .....,____, order of th s1 • I am request assistance in reg s to th illegal representatio. nd th Inv a on. _ . Yours Sincerely Jacqueline Pearce overturn From: To: Subject: Your Complaint about Ms Heidi Salvemini Date: Wed, 30 Mar 2016 05:18:04 +0000 Dear Ms Pearce, Please see attached letter dated 30 March 2016 sent on behalf of Ms Nadine Lambert of this office. Regards, Lee Motdden Administration Officer https://outlook.live.cornimaiU0/ACIMI(ADAwATNiZmYAZC1jM21)51TZhNWMIMDACUM/CgAuAAM)XVOtyMcn0iaOW4CohO6GAEAXoEEIG2F... 1/: EFTA00268793 /_Atryeti›, ccyJN)t..=_G__ ANYD ih2OLGEDr tJ .c).1•)SeiR.E.D tJCi Alsip L -77-1,1z. 1 - ccK)srf gel PRE r-I syt c CA;KF-CTELD -ry SH He,et_77r-t KoceZ .r£Eks9L__ REP SLce-4fre-c7' cgrene> A-AD süßmti tab Ls fF/ELD ftiej)ic c ke-coeD_s coNKJecTiE-zD h KID I t‘);Dco bg A BD ÖL \?• ) A CCKK)EZ:naD C SA (--1 /1 CT1-1 IZO 6 e_=K_ f=&-ti.JEZ_ • wzrzmfflertiemgagagaissagmagelfignek ... . .. . First ntmedd -Se«). t-\Nt c Ago, Surname Per, Residential addrees Street Subub Postal address PO Box Suburb Telephone number (daytime) Telephone number (after hone) Noble phone writer Fax number Email address State la Postcode State Postcode S. No, I am the person making the canplaint Yes. I am complaiNng on behalf of a chid under 18 yearn Yes, I am so:erasing a Power of Attomey Yes, lam maintaining es a guarcien and/or administrator Yes. I am a sawyer acting on behalf of my client Other (give Mae) EFTA00268794 ?K\oR Tb o201 7 t3 , Surname Arm name Arm address Postal address Telephone number (daytime) Mobile phone number Fez number Email address Suburb PO Box Suburb State State Postcode Postcode Who was the Lawyer acting fat Me Another person (please name) Who is your complaint about? -I if It (.:,‘ CUr , Postal accIrc-;;E: Street Suburb PO Box Suburb State POsteOde State Postcode narl!)O1 Mobile telephone number Fax number Email address Who was the lawyer acting for? Me Another person (please name) EFTA00268795 comm isstoner Area of !aw What type of matter was the lawyer involved in? Worker's compensation Wins and probate '74 Criminal Conveyancing Binding dispute Other (give details) COO R..1- L>6Cs When did the conduct you we making the compliant about coax? If It occurred more than three years a00. please explain the reasons S the delay In maitre the complaint. Company law Migration law Industrial Medea negligence Personal Injury Family law De facto law Real property Commercial taw Criminal injuries compensation • ceLcoc) c REPRESEiNitntC:t. CC* RE-CCar),...) 1"1 rr 0 R. Re PRE: fieNT %C., N.; tatEnIT - FCC:3RLO Ry EFTA00268796 Please attach copies of relevant documentation to support your complaint. If there we witnesses who can provide independent information that wit help us deal with your complaint. please provide their names and fug contact details and say why you think they could help. Please tell us about: • the events that have led to your complaint • what you say the lawyer did or did not do • . PL€eSE see f7-n - Home tmf.--sS - IrLeKta, - PH: (WITNESS) - DAvk tz) pe eat - LM crrtay ikFCRt,,terrtec', Ect-ceCHES) D•ONikeNS rev. OttaRmttz> Pti : * 9 DA1/41 k 0 c CARLE EFTA00268797 conmenumer To resotve my depute with the lawyer To improve Communication with the lawyer To have my docurnenes/filos transferred to another lawyer To improve the service provided by the lawyer To receive an apology To get the work re-done properly To have the lawyer oistiplined To resolve a costs dispute with the lawyer's firm Other (give details) LOP V\ C-6 CAS,' Have you tried to resolve the complaint with the lawyer? No Yes, please give details of the efforts you have mode and the result EFTA00268798 commissioner If you believe that you have been overcharged by your lawyer. you can complain to the Commissioner by completing this Section (Section E). If you wish to complain about overcharging it is important that you read the information sheet on overcharging before you complete this section. In particular. there are time limits in relation to a complaint of overcharging that you enouki be aware of. On what date Of uncenaki, please approximate) dd you engage yaw lawYea Are you a third party payer (ie. have you agreed with a lawyer to pay the legal fees of another person)? Is your matter with your lawyer finished? Do you have an moue, nei vnth your lawyer about costs? Is the cost agreement written? (If so. please snatch a copy) Have you received a bill (tax invoice) from the lawyer? If so. Please attach a copy What is the amount in dispute between you and your lawyer? How much have you already paid to the lawyer In legal services? If you do not know the precise amount, please provide an estimate Have you regretted an itemised account from your lawyer? If your lawyer has provided are to you please attach a copy You say the account is too high because: Have you talked about the account with your lawyer or someone else at the firm? II yes. please provide details Has the lawyer issued a summons against you for payment of the account? If so, please attach a copy of the %mons Are you wiling to attend a conciliation conference (If the lawyer agrees) to try to resolve the cost dispute? Normally, tna Commissioner will irsl try to see it, through a conciliation process. the be (tax invoice) Can be agreed between the parties. It it can't then the Commissioner will recommend what he thinks is a lair and reasonable amount fOr the legal fees to have been. If that recommendation is not accepted by both you and your lawyer, and if the amount in dispute is S1O.O0O or less. then the Commissioner may make a binding determination in relation to the amount in dispute. Yee YOS Yee No yr. Yes No S S Yes No )( No g No Unsure No If yes, who A lesser amount was estimated or quoted for legal tees The account includes work that was not done The account includes work that was not necessary The legal work was done poorly The account includes work you did not ask to be done The charges for the work are not as agreed with your lawyer Yes No D ibtGetme Itin-t i Hove rft-tet ‘,4EsT5tOE if“.4-iesa.s Foe. Fricse Keecesemml.rncr4 Yes No Yes No EFTA00268799 convms..sioner -ow Please read through this form to check all questions have boon answered. Please attach all necessary documents and sign the declaration below I have read thickish this completed complaint form and believe, to the beet of my knowledge. that at of the information Provided is truecorroct and not aslant/Ina I authorise the Legal Profession Gondol Commissioner to forward a copy of this complaint to the lawyer named in this complaint. Signature ek/26.ildie .74 I agree to the tact= of this dedration. Privacy Statment Personal inkrmattn vat Provide on tills icrim is used Or the Commissioner for the go:Poses of waving out his furctions under the Legal Practitioners Act 7981. Those Unctions include assessing. conceals it-A/negating and prosecuting complaints about lawyers. To do that. the Commissioner will usually 05.005.2 your personal informer., io hB lawyer you ae comparing about and to rits pasta's?. ratateserredt it a corraaint crOCeedS to a disciolnan boa:1%h your personal internaion may even be oisdosed to the Legal Practmonars DiscoIrary "ftIbunal or the Soprani° Coot. Disci/canary hoanngs are open to he PiabC. The CommISSOnEt wl rot use or disclose you DerSONe rnfOrrnab00 for any purpose not connected wen his roe undo' the Logs' Ptecti1Onots Act 1981 vahOut your consent unlace act use or cisdosutu is required, or authorised by Len It mated. phase send ties form and plXdOCOpied attachments to: Level 10. 30 Curne Sem( ADELAIDE SA 5000 0' GPO Box KO ADELADE SA 5001 Lux_ b'JePResEN-rrn-tc..M cx-cs; eget) 1 picky-Ili A Flea $,N\ rrHockev..w4 REPRE-3enerfefT Lin.) EFTA00268800 7/13/2020 Mail - Jacqueline Pearce - Outlook bo NlfHeidi Salyemini Robyn Wed 8/06/2016 4:49 PM To: , 1 attachments (622 KB) 2016.06-09_Pearce (s)odt Dear Ms Pearce Please see attached letter sent on behalf Regards, Level 10, 30 Cum GPO Box 230 Adelaide SA SOO I N%-ia w.tpccsa.gov.ati This iS intended solely tor the named recipient and is confidential. It you have metesal this e-mail ot owe. please let us know by telephone immediately. this office dated 8 June 2016 1i EFTA00268801 7/13/2020 Mai - Jacqueline Pearce - Outlook 1 attachments (31 KB) 2016-07-15_Pearce.pdf, Your complaint about Ms Heidi Salvemini •fession Conduct Commissioner < 52 AM Strictly Private & Confidential The attached letter is to be opened only by the email recipient Dear Ms Pearce The attached letter is sent on behalf Please note that the original copy of the letter will not be sent to you by post. If you wish to respond to this email, please direct your response to Ms Lambert at Yours sincerely Robyn liiirni Administration Officer commissioner Level 10, 30 Currie Street, Adelaide SA 5000 GPO Box 230 Adelaide SA 5001 1 1 W'V.-tx •:1 :I; Ibis e-mail is Wended solely for the named recipicm and is confidential. If you haic medial this email in arm. pleme lm m know by telephone immaliately. httpsiloullooldive.cornfmal/O/AOMIcADAwATNIZmYAZCV.42U5LTZANWMOAOACLTAwCgAuAAADXVCIWW1a101a0W4CohQ6GAEAMEEM2F... 1/* EFTA00268802 •Enclosure 1. Copy of complaint OUR REF:EJM:RIAM: Ack•lelter 18 March 2016 Ms Jacqueline Pearce Level 10. 30Gurne Street. Adea/de SA SOW GPO Ssx 230 Monica SA 5001 Dear Ms Pearce Ms Heidi Salvemini ys I acknowledge receipt of your correspondence o 18 March 2016. This is a formal acknowledgement and one of the Commissioner's officers will contact you shortly. For your records I `enclose a copy of your complaint excluding attachments. The original complaint and attachments will be kept by us and form part of the file. a+:•:.I p G 09.:1 ti Yours sincerely 1UZABETH MANOS al L al Officer EFTA00268803 OUR REF:NI-ILIA:20160311Z( 4, 30 March 2016 14 MINED I I61Z'i I4gctri commissioner Ms Jacqueline Pearce Level 10. SO Curtis Seco, Adelaide SA 5000 GPO Box 230 Adelaide SA a001 AND via email: Dear Ms Pearce Pc Your Complaint abou Ms Heidi Salvemini I refer to the Complaint received by the Legal Profession Conduct Commissioner (Commissioner) on 18 March 2016 and further material and information received on 24 March 2016. The Commissioner has the power under the Legal Practitioners Act 1981 (Act) to investigate allegations of unsatisfactory professional conduct and professional misconduct made against legal Practitioners. I am an investigating solicitor employed by the Commissioner. The Commissioner has assigned your Complaint to me and, as the Commissioner's delegate, I will consider the conduct of the Practitioner that has led to your Complaint. A report will be prepared for the Commissioner to enable him to make a determination in relation to your Complaint. There is no standard way of investigating a complaint. It is our usual practice when investigating a complaint to send a copy of the complaint to the practitioner who has been complained about, and to seek the practitioner's response. When the response is received, a complainant will usually be given a copy of it so that he or she can comment on what the practitioner has said about the complaint. I note that you have requested that the Commissioner's office investigate the Police Prosecution, various Police Officers, the Magistrate, witnesses and other persons. Ycu have also sought the laying of criminal charges against a number of people including the Practitioner. The Commissioner's jurisdiction is limited to investigating complaints about legal practitioners. Accordingly, the Commissioner only has jurisdiction to investigate the conduct of the Practitioner. The Commissioner does not have the power to investigate the other persons named in your Complaint, nor does the Commissioner have the power or the jurisdiction to lay criminal charges. I further note your request that a Victims of Crime Application be made on your behalf, again this is outside of the Commissioners jurisdiction. Should you wish to make such an application, you should seek independent legal advice. At all times, the investigation will be as transparent as possible, and we will adhere to principles of natural justice and procedural faimess. EFTA00268804 Ms Jacoueline Pearce -2- 30 March 2016 A(, Your ConN has i been published to the Practitioner and we are waltincifor a response. Yours sincerely I EFTA00268805 OUR REF:NL:RH:201603112X 14 April 2016 -\ c Dear Ms P Your Complaint about Ms Heidi SalvernInis Lavti 10.:O CA meade SA scou GPO Sox 230 Ackeoicle SA 5001 I- www.Ipcc.sa.gov.au )it I confirm receipt of your two emalls of the 6 April 2016. As per my fetter to you of the 30 March 2016, the Commissioner's office cannot investigate the conduct of the Police, doctors or other medical staff. I note your request that the Commissioner contact the Court and have the Order for a mental health evaluation overturned. ....., K e—I again advise that the Commissioner does not have the power to interfere with,or after decisions made by a Court. The order for the evaluation has been made by a Court and - the Commissioner cannot intervene in relation to the ordering_of the Yours sincerely p.) ock.)er, cpets1 / ED Iarze C c_onbUtT OF HE/ D c..Qa/vt/ ; pcztoik -rc, *or 7 IDC- Rtir•Wie\T V I cTIM v\M N ED L-Leon-e-ty BA\ SEn 0 4 CO/JP0cer Of FIC--/b sore_sie/3/44 / EFTA00268806 thrrel•MONI CCEJe Pt %NC pli-rt4 c 19uSE. 1-10kM OUR REFWLIRIL10111113112X C eptember Ms Jacctueline Pearce Dear Ms Pea Your Complaint against Ms Heidi Salvemini commissioner Aces tle SA r..3 GPO Flax 233 Act a Ci SA 5301 I refer to our previous correspondence regarding your Complaint about Ms Heidi Salvemini (Practitioner). We have now completed our investigation, and the Commissioner has considered the outcome of that investigation. The Commissioner is satisfied that it is appropriate that he make a determination that there is no misconduct by the Practitioner. I have *enclosed a copy of the Determination as to Conduct in that respect, which sets out the reasons for the Commissioner making that Determination. While section 77K of the Legal Practitioners Act provides the right to appeal to the Legal Practitioners Disciplinary Tribunal against some types of decisions by the Commissioner, the Act does not provide any right of appeal against a determination by the Commissioner to that there is no misconduct by the practitioner. )1/4 The Tribunal has previously decided that it does not have any jurisdiction to hear such an appeal. Even if you are dissatisfied with the Commissioner's Determination, there is no further assistance that the Commissioner or his office can provide to you. We are not able to give you any advice about any other rights you may have, whether under the Act or otherwise. - rile will now be closing our file. Yours sincerely * NADINE LAMBERT Solicitor 'enclosure 1. Copy of Determination Nu:D4 NO cAlcp EFTA00268807 DETERMINATION AS TO CONDUCT BY THE LEGAL PROFESSION CONDUCT COMMISSIONER UNDER SUBDIVISION 3 OF DIVISION 2 OF PART 6 OF THE ACT IN RELATION TO 1 SEPTEMBER 2016 ..... r Greg May _.--------- C --- Legal Profession Conduct Commissioner legal profession conduct commissioner IRAN 10. 30 CUM Simi. Addax* SA 5000 GPO Box 230 Adolaickt SA 5001 F E www.Ipcc.se.goau EFTA00268808 1 INTERPRETATION 1. In this Determination, unless otherwise provided: • Act means the Legal Practitioners Act 1981 (as amended); • Complainant means Jacqueline Pearce; • Complaint means the complaint I received from the Complainant in relation to the Practitioner; • Practitioner means Heidi Salvemini; • CLCA means the Criminal Law Consolidation Act 1935; • any term used that is defined in the Act has the same meaning in this Determination as it has in the Act; • references to sections are references to sections of the Act. GENERAL 2. This Determination relates to the conduct of the Practitioner, and it follows an investigation into that conduct. In very general terms, the Complaint is about the following circumstances: (a) The Practitioner acted for the Complainant in relation to criminal matters before the Port Pirie Magistrates Court. (b) The Complainant subsequently sought to terminate the Practitioner's instructions. (c) She alleged that thereafter the Practitioner continued to act for her (despite the termination of her instructions by the Complainant) and also accessed her medical records in circumstances where the Complainant had withdrawn her authority to do so. (d) It was further alleged that the Practitioner ordered the Magistrate to remand the Complainant in custody for an evaluation 3. The conduct complained of occurred after 1 July 2014. Accordingly, I have considered the Practitioner's conduct by reference to the misconduct definitions in sections 68 and 69. 4. The investigation into the Practitioner's conduct included the following: (a) considering all of the issues of concern raised in the Complaint, including a detailed review of all of the materials provided by the Complainant; (b) considering the responses received from the Practitioner once the alleged conduct had been published to her, including a detailed review of all of the materials provided by the Practitioner's lawyer; DECISION AS TO CONDUCT 5. I am satisfied that there is no unsatisfactory professional conduct or professional misconduct by the Practitioner, for the following reasons: (a) During the course of acting for the Complainant, the Practitioner received advice from the Complainant's treatina GP that the Complainant was suffering (b) The Complainant's behaviour, in particular her comments in relation to Police forcing her into prostitution and that the Practitioner was part of a conspirac reinforced the Practitioner's concerns about the EFTA00268809 (c) The Practitioner expressly turned her mind to the provisions of section 269W of the CLCA. It is my view that the Practitioners conduct in Court on the 11 March 2016 was entirely appropriate. (d) On that day, the Practitioner advised the Court that she appeared for the Complainant and expressly drew the Court's attention to section 269W of the CLCA. She sought to tender the (e) On the basis of the Practitioner's submissions and the medical notes, the Court formed a view that it was appropriate for a l l to be ordered. The Court turned Its mind to whether it was appropriate to utilise the provisions of 269X of the CLCA. The presiding Magistrate spoke directly to the Complainant who assured the Court that she would cooperate with any assessment. (f) I have no doubt that the Practitioner genuinely believed that she was authorised by the relevant provisions of the CLCA to act for the Complainant and to exercise her independent discretion in what she believed to be her client's best interests, notwithstanding the purported termination of her instructions by the Complainant. It is also evident that the Court was satisfied that it was appropriate In all of the circumstances to order (g) It is my view that the Practitioner acted entirely appropriately and in her client's best interests. The Practitioner gave very serious consideration to her ethical duties to both her client and to the Court in what were clearly very difficult circumstances. She appropriately sought the advice, guidance, and assistance of both the Law Society and a senior member of the Bar. Dated 1 September 2016 b /4-7 Legal Profession Conduct Commissioner ) UCLA/ EFTA00268810 Le--6,19-t AID ,per iFi_ r Legal Services Commission SOUTH AUSTRALIA Our reference: ailleillAKS Tolophone; Dale: 7 September 2015 MS JACQUELINE CAROL PEARCE Dear Ms Pearce, INQOcAJSTS . A ABN: 90 731 571 498 759 Gawlor Place ADELAIDE SA 5000 Postal Address: GPO Box 1718 ADELAIDE SA 5001 104 F m Legal Help Line Re: Your amilication for lewd aid www.Istnea.gowau We wish to advise that legal aid has been refused in relation to-Eicoeeding Prescribed Content Of Alcohol, Refuse Breathalyser/Fail To Supply Specimen, Refuse Name And Address, Resist Arrest. Legal aid has b= =n refused for the follcnvIn * We consider th fore legal aid is . ou believe we need more in you shoul us wittithat-irdonhation in writing (including a copy of your summons) and we will look at your file again. If you choose to appeal this decision, please provide copies of your bank statements for all the accounts that you operate for the last 3 months. Although you are ineligible for a formal grant of legal aid, your local Community Legal Centre may be able to provide you with assistance: 0 ,anisation I..... • Or.anisation Phone Aboriginal Legal Rights Movement (ALRM) Legal Advice Clinic Central Community Legal Centre Riverland Community al Service REMO Children's and Youth Legal Service Southern Community Justice Centre_ -tfiile Welfare Rights I Su - pporr novice Northern Community Legal Service Includes Child Support Advice Women's Legal Services Port Augusta Westside Community Lawyers Inc Justice-Net Westside Community Lawyers Inc — Port Pine Women's Legal Service )AS \ //%4PRI ON)FM DEM (KMENTI A FORM Of. 1 NPIZISoNi1/4-4EN T 7 004 EFTA00268811