The ACT Bar Council says the outgoing Director of Public Prosecutions would need approval to continue working as a barrister in the wake of "grave" findings he engaged in misconduct.
Council president Marcus Hassall described the findings as "patently serious" on Tuesday, when he revealed Shane Drumgold SC's current practising certificate only entitled him to work as, or for, the director.
Mr Drumgold has resigned as director, effective from September 1, after a board of inquiry into the case of former Liberal Party staffer Bruce Lehrmann found he had behaved in a "grossly unethical" fashion.
Inquiry chairman Walter Sofronoff KC found Mr Drumgold had, among other things, lied to Chief Justice Lucy McCallum and dishonestly tried to withhold crucial documents from Mr Lehrmann's lawyers.
While Mr Drumgold has acknowledged his conduct was "less than perfect", he has denied acting in an underhanded or dishonest manner during the aborted case.
On Tuesday, Mr Hassall issued a statement in response to the release of Mr Sofronoff's report.
"The Bar Council notes with grave concern the findings of misconduct in the report," he said.
"Those findings are patently serious and will receive careful consideration by the ACT Bar Council in the context of its role as the professional regulator of the ACT Bar."
Mr Hassall said Mr Drumgold currently held a restricted practising certification, which was valid until the end of June 2024.
He said this entitled Mr Drumgold "to practice as a barrister in the ACT, but only whilst employed as or for the ACT Director of Public Prosecutions".
"Any application by Mr Drumgold for a new or unrestricted practising certificate will require the approval of the ACT Bar Council and will necessitate consideration of the findings contained in the Sofronoff report," Mr Hassall said.
"The Bar Council understands that Mr Drumgold will not be returning to work with the ACT DPP prior to his resignation taking effect."
Mr Drumgold, who has been on leave since he gave evidence at the inquiry in May, has described his departure as a retirement, suggesting he is unlikely to seek a new practising certificate.
Mr Hassall also welcomed the inquiry recommendations aimed at improving the work of police and prosecutors, as well as communication between the relevant criminal justice agencies.
"If and as required, the Bar Association will assist in the implementation of those recommendations," he said.
