Decision to prosecute

Before the Legal Services Commissioner can file a discipline application against a legal practitioner or law practice employee, the Commissioner must be satisfied that:

  1. the evidence obtained during the investigation is sufficient to establish a reasonable likelihood of finding that the respondent’s conduct was either unsatisfactory professional conduct and/or professional misconduct, and
  2. it is in the public interest to do.

The Legal Services Commissioner commences disciplinary action for the protection of the public and not on behalf of an individual Complainant.

The Commission has prepared guidelines that include a description of how these decisions are reached.

The Commissioner commences disciplinary action for the protection of the public and not on behalf of an individual complainant.