The Information Privacy Act 2009 (IP Act) regulates how Queensland government agencies (including the Commission) collect and manage your personal information.
We understand that you may be concerned about your privacy and the confidentiality and security of any information you give us.
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.
In addition to the IP Act, section 705 of the Legal Profession Act 2007 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. 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.
Use and Disclosure
You may make a complaint to us about the conduct of lawyers, law practice employees and unlawful operators. Complaints or inquiries may be made to us in writing, by email, by telephone or by using our complaint form (either online or in hardcopy).
The personal information you provide us will be collected and used by the Commission only for it to fulfill its statutory functions and responsibilities under the Legal Profession Act 2007.
The Commission may be required to disclose your personal information for the purposes of assessing, mediating or investigating your complaint. This may involve disclosure to the person you are complaining about, their legal representative, another witness (if that is necessary for the purpose of any investigation) or to another regulatory body (either the Queensland Law Society or the Bar Association of Queensland).
If a complaint proceeds to a disciplinary hearing then your personal information may be disclosed to one of the disciplinary bodies, either the Queensland Civil and Administrative Tribunal or the Legal Practice Committee. Disciplinary hearings are open to the public.
The Commission may also conduct research projects. If the Commission conducts a research project you will not be identified. De-identified personal information may be disclosed to a research organisation to conduct the research project.
The Commission may also disclose personal information for the purposes for which it was collected to other organisations where it is authorised to do so by law.
As the Commission is subject to the Public Records Act 2002 any relevant email correspondence sent to us may be treated and retained as a public record. Email messages may also be monitored by the Information Technology staff of the Department of Justice and Attorney General for system troubleshooting, maintenance and security purposes.
When you visit this website, your visit and certain information may be logged for statistical and diagnostic purposes only.
Information that may be collected includes:
the requesting IP address;
the type of browser being used;
the date and time of the visit;
the pages and resources accessed and downloaded;
the previous site visited.
We take precautions to protect your data from loss, unauthorised access, use, modification or disclosure, and against other misuse.
Accessing or amending your personal information
Except where access is restricted by law, a person can apply to us to access and/or amend their own personal information. Personal information can be amended if it is inaccurate, incomplete, out-of-date or misleading.
Personal information cannot be accessed by others, except as provided for by the IP Act and the Right to Information Act 2009 (RTI Act), or as required by other legislation. The IP Act is used to process applications that seek access to information that is solely the applicant’s personal information. The RTI Act is used to process applications that request access to a mixture of personal and non-personal information. An application fee is payable for applications made under the RTI Act.
Any request for access to, or amendment of, personal information should be directed to our RTI Officer at the following address:
The RTI Officer
Legal Services Commission
PO Box 10310
Brisbane Adelaide Street Qld 4000
If applying in person, please deliver your application to Level 30, 400 George Street, Brisbane.
You may make a privacy complaint to us if you believe that we have not handled your personal information in accordance with the IP Act,. For information on how to make a complaint, and how your complaint will be handled, refer to our Complaints about us policy and Procedure.
If you remain dissatisfied with how we dealt with your privacy complaint, you may complain in writing to the Office of the Information Commissioner. For more information on the Information Commissioner’s privacy complaints process, please go to their website.