New South Wales Consolidated Acts

LEGAL PROFESSION ACT 2004 - SECT 537

537 Decision of Commissioner or Council after investigation

(1) After completion of an investigation of a complaint against an Australian legal practitioner, the Commissioner or a Council must:

(a) commence proceedings in the Tribunal under this Chapter, or

(b) dismiss the complaint under this Part, or

(c) take action under section 540 (Summary conclusion of complaint procedure by caution, reprimand, compensation order or imposition of conditions)).

(2) Unless section 540 (Summary conclusion of complaint procedure by caution, reprimand, compensation order or imposition of conditions) applies, the Council or the Commissioner must commence proceedings in the Tribunal with respect to a complaint against an Australian legal practitioner if satisfied that there is a reasonable likelihood that the practitioner will be found by the Tribunal to have engaged in unsatisfactory professional conduct or professional misconduct.

(3) Nothing in this section affects section 512 (Withdrawal of complaints).