Report on investigation
77H Report on investigation
If, in the course or in consequence of an investigation under this
Division, the Commissioner is satisfied that there is evidence of professional misconduct by a legal practitioner or former legal practitioner, the
Commissioner must make a report on the matter to the Attorney‑General and the Society.
If, in the course or in consequence of an investigation under this
Division, the Commissioner comes into possession of information or evidence suggesting to the Commissioner that a criminal offence may have been committed by a legal practitioner or former legal practitioner, the Commissioner may pass the information or evidence on to the Crown Solicitor.
However, if the information or evidence suggests that a serious offence has been committed, the Commissioner must pass the information or evidence on to the Crown Solicitor.
The Commissioner must, at the request of the Crown Solicitor or a prosecution authority, furnish the Crown Solicitor or authority with any material in the Commissioner's possession relevant to the investigation or prosecution of the suspected offence.
If it appears to the Crown Solicitor or a prosecution authority from a report or material furnished under this section that criminal proceedings should be taken against a person, the Crown Solicitor or authority may take any action that may be appropriate for that purpose.
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