To the Honourable John P Hannaford, MLC
Attorney General for New South Wales
Dear Attorney General
Scrutiny of the Legal Profession: Complaints Against Lawyers
We make this final Report pursuant to the reference to this Commission dated 12 November 1991, as amended on 29 January 1992.
The Hon R M Hope AC CMG QC
(Chairman)
Professor David Weisbrot
(Commissioner)
The Hon Justice J Cripps
(Commissioner)
The Hon Justice J E Brownie
(Commissioner)
Terms of Reference
On 12 November 1991, the then Attorney General, the Honourable PEJ Collins QC MP, gave the Commission a reference, which was amended on 29 January, 1992.
(i) The Commission should inquire into the necessity for implementing alternative mechanisms to those presently existing to deal with complaints about the delivery of legal services to the public, such as a complaints unit, a Legal Services Ombudsman, or some other mechanism. In so inquiring the Commission will have regard to the need for accountability external to the legal profession in any such mechanism.
(ii) The Commission should inquire into the means of making the offices of the Director of Public Prosecutions, the Legal Aid Commission, the Crown Solicitor, and other Government Legal Services more open and accountable. In so inquiring, the Commission will have regard for the need for the impartiality and independence of those offices.
(iii) The Commission should consult fully with peak professional bodies of the legal profession in New South Wales, together with other relevant community organisations and other interested individuals and take into account any proposal of those bodies to reform and strengthen their mechanisms for investigating and adjudicating complaints.
Participants
The Commission
The Law Reform Commission is constituted by the Law Reform Commission Act 1967 (NSW). For the purpose of the Scrutiny of the Legal Profession Reference, the Chairman, in accordance with the Act, created a Division comprising the following members of the Commission:
The Hon R M Hope QC (Chairman)
Professor David Weisbrot (Commissioner-in-Charge)
The Hon Justice Jerrold Cripps
The Hon Justice John Brownie
Ms Clare Petre (until 22 July 1992)
Officers of the Commission
Executive Director:
Research and writing assistance:
Ms Astrid Eggins
Ms Fiona Manning
Librarian:
Desktop Publishing:
Cover Design:
Administrative Assistance: