LEGAL PROFESSION ACT 2007 - SECT 439 Role of law society or bar association

LEGAL PROFESSION ACT 2007 - SECT 439

439 Role of law society or bar association

(1) If a complaint or investigation matter is referred to a regulatory authority, it must investigate the complaint or investigation matter and report to the commissioner about the complaint or matter by the stated date or a later date stated in an extension by the commissioner.

(2) For subsection (1) , the regulatory authority may investigate a complaint or investigation matter by an investigator investigating the complaint or matter and presenting evidence to the authority for its consideration and report.

(3) The report to the commissioner by the regulatory authority must—

(a) be in an approved form approved by the commissioner; and

(b) include a recommendation about whether a proceeding before a disciplinary body in relation to the complaint or investigation matter should be started.

(4) Without limiting the matters to which the regulatory authority may have regard when making a recommendation as mentioned in subsection (3) (b) , the authority may have regard to the following—

(a) the public interest in the complaint or investigation matter being heard and decided by a disciplinary body;

(b) the likelihood of a finding of—

(i) unsatisfactory professional conduct or professional misconduct against an Australian legal practitioner; or

(ii) misconduct of a law practice employee in relation to a relevant practice;

(c) any other action or proceeding that may have started or finished in relation to the conduct the subject of the complaint or investigation matter or to the same practitioner or law practice employee.

(5) If the regulatory authority recommends making a discipline application, the report must also include a draft of the application and the evidence to support the application.