Privacy and confidentiality
The Legal Services Commission is committed to protecting the privacy of the people we deal with as we go about our work and to respecting the confidentiality of the information that passes between us.
The Commission is created by and goes about its work subject to the provisions of the Legal Profession Act 2007 (the Act). Generally speaking, the Act (at section 705) makes it an offence for the Commissioner or staff of the Commission or anyone else who obtains information in the course of administering the Act to disclose that information ‘unless the disclosure is:
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authorised or required by the Act or another Act; or
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made with the consent of the person to whom the information relates; or
- is a disclosure that does not help identify or help in identifying a complainant, an Australian legal practitioner or law practice who is the subject of a complaint or an investigation matter or a law practice that employs the legal practitioner or employee or a person associated with the complainant, Australian legal practitioner, law practice employee or law practice.’
There are few exceptions. People who lodge complaints with the Commission should be aware, however, that one very specific exception is that we are obliged (pursuant to section 437), if we intend to carry out an investigation, to tell the legal practitioners or law practice employees who are subject to investigation what the complaint against them is and who made it and to give them an opportunity to respond. That is to ensure both sides get a fair hearing.
Importantly, the Commission is subject to the Right to Information Act 2007 (the RTI Act). For further information about the RTI Act and right to information more generally visit the Department of Justice and Attorney-General website. For further information about privacy and Queensland Government policy in relation to privacy visit the Department of Justice and Attorney-General website.