Investigations by Commissioner
77B Investigations by Commissioner
The Commissioner may, on his or her own initiative, make an investigation into the conduct of a legal practitioner or former legal practitioner who the Commissioner has reasonable cause to suspect has been guilty of unsatisfactory professional conduct or professional misconduct.
Subject to this section and sections 67B and
77C, the Commissioner must make an investigation into the conduct of a legal practitioner or former legal practitioner if—
the Commissioner has been directed to make the inquiry by the
Attorney‑General or the Society; or
a written complaint that complies with subsection (3a) has been received in relation to the conduct of the legal practitioner or former legal practitioner.
No direction may be given to the Commissioner under this section unless the Attorney‑General or the Society (as the case may require) has reasonable cause to suspect that the legal practitioner or former legal practitioner to whom the proposed investigation relates has been guilty of unsatisfactory professional conduct or professional misconduct.
A complaint must—
identify the complainant; and
if possible, identify the legal practitioner or former legal practitioner about whom the complaint is made; and
describe the alleged conduct the subject of the complaint.
A person who is subject to an order under section 39 of the
Supreme Court
Act 1935 prohibiting him or her from instituting proceedings (or proceedings of a particular class) may not make a complaint under this section.
A complaint must be made to the Commissioner within 3 years of the conduct that is the subject of the complaint or such longer period as the Commissioner may allow.
The provisions of
Schedule
4 apply in relation to an investigation under this section.
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