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Where am I now? Lawlink > Office of the Legal Services Commissioner > Complaints About Lawyers > Reviewing Investigations
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Reviewing Investigations
Reviewing investigations conducted by the Law Society and the Bar Association
If the Law Society or the Bar Association has investigated and dismissed a complaint or only reprimanded a practitioner, and the complainant is dissatisfied with the outcome of the complaint, the complainant may apply to the OLSC for a review of the decision.
A complainant must apply to the OLSC for a review of a decision in writing and WITHIN TWO (2) MONTHS of the date of notification of the outcome of the investigation.
Common questions and answers about the review process include:
What is a review?
How do I apply for a review?
What are the time limits for applying for a review?
What OLSC cannot do as part of a review.
What determination can the Legal Services Commissioner make after undertaking a review?
What happens in a review?
What if I am not satisfied with the Commissioner's decision?
What is a review?
If your complaint was investigated by the Law Society or the Bar Association and you are dissatisfied with the investigation or outcome, you may request a review by the OLSC. Reviews are governed by Chapter 4 Part 6 of the Legal Profession Act 2004. A review can only be conducted if there has been a decision made by such organisation to:
(a) dismiss a complaint made by the complainant;
(b)reprimand the legal practitioner because of the complaint; or
(c)omit, (from the allegations particularised in an Information laid before the Tribunal in respect of a complaint), material that was originally part of the complaint.
When reviewing a decision, the Commissioner can examine how the organisation conducted its investigation and whether the decision it made was justified in light of the available evidence.
The Commissioner’s first task in undertaking a review is to carefully examine the complaint file to see if all the issues raised by the complainant, as well as any issues which have arisen during the course of the investigation, have been properly addressed and dealt with by the relevant organisation. An assessment of the investigation will be carried out and the suitability of any penalty will be considered.
If the Commissioner considers that some issues have not been thoroughly dealt with or if it appears that there are outstanding issues that have not been considered, the Commissioner will seek further clarification from the complainant, the relevant organisation or the lawyer concerned. At this point, the complaint may be sent back to the organisation for further consultation, or be retained by the OLSC for further investigation.
The Commissioner ultimately decides whether or not he agrees with the Law Society or the Bar Association’s decision. In doing so, the Commissioner will independently assess whether the conduct of the practitioner amounts to unsatisfactory professional conduct or professional misconduct under the Legal Profession Act 2004.
How do I apply for a review?
A review application must be made in writing to the Commissioner. There is no standard application form.
A review application can be a letter which simply states that you want the Commissioner to review the decision of the Law Society or the Bar Association. However, if there are particular reasons why you are dissatisfied with the Law Society or Bar Association’s investigation, decisions or reasons, it is in your interests to set them out. This will assist the Commissioner in addressing any particular concerns. A copy of the letter notifying you of the initial decision in relation to the complaint should also be supplied.
What are the time limits for applying for a review?
An application for review must be made in writing and lodged with the OLSC within two (2) months of the date the complainant was notified by the Law Society or the Bar Association of its decision. This two month period cannot be extended, and the complainant will lose their right of review if the application for review is not lodged with the OLSC within this period. The Commissioner has no discretion to extend the two month time period.
What OLSC cannot do as part of a review
The OLSC can only review the investigation or decision about the conduct of a legal practitioner. The OLSC cannot change the findings of a court, an agreement a practitioner may have reached on your behalf, or resolve any other legal problem you may have. Although the OLSC is not able to give you legal advice, we will assist you where possible.
What determination can the Legal Services Commissioner make after undertaking a review?
Refer to Disciplinary Action.
What happens in a review?
Upon receipt of your review request an acknowledgment letter outlining the review process will be sent to you.
The practitioner is informed of the review request and is invited to make any further comments or submissions in relation to the complaint made against her/him. A letter will also be sent to the Law Society or the Bar Association requesting the investigation file.
Reviews will be allocated to independent investigators who specialise in the legal field relating to the complaint. These investigators are independent of the Law Society and the Bar Association. The investigators will thoroughly examine the investigation file and provide advice to the Commissioner on what action he should take. After this, the review file will also be reviewed and assessed within the OLSC by review staff.
The review process may take on average four (4) months, but it may take longer depending on the complexity of the matter. The process may also take longer if further information is sought from the complainant, the practitioner or the organisation that investigated the matter. Delay may also be experienced if the Commissioner decides to consult further with the Law Society or the Bar Association in relation to the initial complaint.
If the OLSC needs further information you will be contacted during the review process. Applicants for reviews are asked to be patient during the review process.
What if I am not satisfied with the Commissioner's decision?
Under the Act, there is no person or organisation that can review a decision of the Commissioner. A complainant may challenge a decision by the Commissioner in the Supreme Court, however, the scope of any such challenge is limited to an allegation that the Commissioner’s decision was not made in good faith.
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