Complaints process flowchart
The process established under the Legal Profession Act 2007 for dealing with complaints
Notes:
1. The Commission is the sole body authorised under the Legal Profession Act 2007 (the Act) to receive complaints about the conduct of legal practitioners and law practice employees. We assess complaints against a series of criteria set out in the Act. The assessment leads to one of three possible outcomes:
- the complaint is classified as a conduct matter if the conduct complained of would, if established, fall short of the standard of competence and diligence a member of the public is entitled to expect of a reasonably competent Australian legal practitioner or would justify a finding that the practitioner is not a fit and proper person to engage in legal practice (see sections 418 and 419 of the Act)
- the complaint is assessed as a consumer dispute if the conduct complained of does not meet those criteria but is nonetheless conduct to which the act applies (see section 440 of the Act)
- the complaint is summarily dismissed if the conduct complained of is not conduct to which the Act applies (see sections 422 - 432 of the Act).
The Act gives us the option to try to mediate consumer disputes or to refer them to the Law Society or Bar Association for mediation. It requires us to investigate conduct matters or alternatively to refer them to the Law Society or Bar Association for investigation—in which case the investigation remains subject to the Commission’s direction and control and the Society and the Association are obliged after the investigation to report their recommendations to the Commission.
2. The Commission is the sole body authorised to decide what action, if any, to take on a conduct matter after investigation. The Act requires us to assess whether the evidence establishes a reasonable likelihood of a finding by a disciplinary body of unsatisfactory professional conduct or professional misconduct and whether it is in the public interest to initiate disciplinary proceedings. We initiate disciplinary proceedings if the answer to both questions is ‘yes’—in the Legal Practice Tribunal in relation to more serious matters or in the Legal Practice Committee in relation to less serious matters. We dismiss complaints if the answer to either question is ‘no’ (see sections 447 and 448 of the Act).
3. The Commission is obliged to keep a discipline register of all disciplinary action taken under the Act (see section 472 of the Act).
4. The Commission is responsible for prosecuting alleged offences under the Act—for example, the offences pursuant to sections 24 and 25 of engaging in legal practice or holding oneself out to engage in legal practice when not entitled. The Commission is also responsible for prosecuting alleged offences under the Personal Injuries Proceedings Act 2002—for example, the offence of breaching the restrictions on the advertising of personal injury services pursuant to section 66.
See also:
Download the Complaint form 
(177kB pdf file)
Disciplinary bodies—The Legal Practice Committee and the Legal Practice Tribunal
Queensland Law Society website
Bar Association of Queensland website
Crime and Misconduct Commission website
Queensland Parliamentary Counsel website for all Queensland legislation.
- Legal Profession Act 2007
- Judicial Review Act 1991
Last updated 3/06/2008 11:45:24 AM