ReconsiderationsIf you do not agree with a decision made by the Commissioner, you should speak to the complaint handler who dealt with your file. They may be able to provide you with an explanation or answer your queries about the decision.
If you remain dissatisfied with the decision then you can:
- request a reconsideration;
- make a complaint to the Queensland Ombudsman;
- apply for judicial review.
Request a reconsiderationThere is no express power in the Legal Profession Act 2007 ("Act") enabling the Commissioner to reconsider a decision to close a complaint under Chapter 4 of the Act. (For example the decision to summarily dismiss- s 432; a decision to reject an out of time complaint – s 430; a decision to dismiss a complaint following investigation s 448 or a decision to start disciplinary proceedings – s 447).
However, it is the Commission’s position that a decision made by the Commissioner may be reconsidered where this is warranted in the circumstances and where such action promotes good administration and fairness.
If you think a decision made by the Commissioner to close a complaint is wrong, you can request a reconsideration. Please make your request within 28 days of receiving the original decision (or ask for an extension if you need more time).
A decision may only be reconsidered if you put a request in writing which includes the following details:
- why you don't agree with that decision;
- any new information.
Director of Investigations
Legal Services Commission
PO Box 10310 Adelaide Street, Brisbane Qld 4000
What happens after I request a reconsideration?The Commissioner may:
- review the original decision;
- assess any new evidence provided by you.
Once the Commissioner has reconsidered the decision, one of the following will occur:
- the decision will be affirmed
- the decision will be varied, or
- the decision will be revoked.
A decision will only be reconsidered once.
What happens if you remain dissatisfied after the reconsideration?If after receiving a response to your request you are still dissatisfied you may complain, depending on the nature of your complaint, to an external agency such as the Queensland Ombudsman.
Alternatively, you may wish to seek independent legal advice regarding your prospects of obtaining a judicial review of the decision.