If you do not agree with a decision made by the Legal Services Commissioner, speak to the Legal Services Commission Officer who dealt with the file. The Officer may be able to answer your concerns about the decision.
If you have concerns after speaking with the Officer, you may choose to request a reconsideration.
There is no express power in the Legal Profession Act 2007 (the Act) requiring the Legal Services Commissioner to reconsider a decision not to proceed with a complaint under Chapter 4 of the Act.
However the Commissioner may reconsider a decision where it may be warranted in the circumstances, and where such an action promotes good administration and fairness.
Request for reconsideration are to be made to the Commissioner within 28 days of receiving the original decision. Where more time may be required, a request for an extension of time must be made.
A decision may only be reconsidered if the request is made in writing and it includes the following details:
- the reason you disagree with the Commissioner's decision
- any new information that has come to light after the decision was made.
Requests for reconsideration should be sent to:
The Legal Services Commissioner
Legal Services Commission
PO Box 10310 Adelaide Street
Brisbane Qld 4000
After a written request for a reconsideration has been received by the Legal Services Commissioner, the Commissioner may:
- review the original decision;
- assess any new evidence provided in the request.
Once the Commissioner has reconsidered the decision, one of the following will occur:
- the decision will be affirmed, or
- the decision will be varied, or
- the decision will be revoked.
A decision will only be reconsidered once.
If after receiving a response to the request for a reconsideration, depending on the nature of the complaint, a complaint may be made to an external agency such as the Queensland Ombudsman.
Alternatively, independent legal advice should be sought to assess whether the reconsideration decision can be judicially reviewed.