If the matter progresses to an investigation, the Commissioner will notify both the complainant and respondent.
If the Commissioner decides to investigate the complaint or commence an investigation matter, we will notify you.
There are some exceptions to this at s437(3) of the Legal Profession Act 2007.
The notification will include details relevant to the investigation, which may or may not include a copy of the complaint or information received by the Commission.
A notification about a complaint or an investigation matter doesn’t necessarily mean it will result in a discipline application.
At this stage, we are just gathering information for investigation.
We’re committed to being fair and transparent throughout the process, so we want to hear your side of the story too.
You will have the opportunity to provide submissions or respond to the complaint or investigation matter.
Most investigations will be undertaken by staff at the Commission.
However, if the investigation is about a barrister, the Commissioner may choose to refer the matter to the Bar Association of Queensland to investigate.
The investigation process remains the same.
Investigation times can vary in length; however, we aim to deal with all investigations as efficiently as possible.
We will give you the opportunity to make submissions about the subject matter of the investigation. This is your chance to tell your side of the story.
If we need further information to inform the investigation, we will contact you.
This may happen on multiple occasions throughout the investigation.
In some instances, your correspondence may be provided to the complainant to obtain further information from them about matters you have raised.
Both parties can request that their material is not disclosed but the Commissioner will make the final decision.
The Commissioner will only decide not to disclose the material if there is a compelling reason to do so.
Assessing a complaint
Investigation
Dismissal or discipline application
Disciplinary proceedings
