Step 3: Dismissal or discipline application

Statutory test

After the investigation, the Commissioner applies a two-part statutory test to determine whether to file a discipline application. 

The test considers whether there is a reasonable likelihood a disciplinary body will make a finding of unsatisfactory professional conduct or professional misconduct, and whether it is in the public interest to make a discipline application.

If the Commissioner determines the reasonable likelihood test is satisfied, we will generally invite you to provide written submissions about whether it is in the public interest to dismiss the complaint or investigation matter.

You can learn more about these decisions in our Discipline Application Guidelines.

The decision

The Commissioner will assess the totality of evidence gathered throughout the investigation—including your responses, other evidence and the alleged conduct—to decide whether to dismiss the matter or proceed to the next stage. 

If the Bar Association of Queensland conducted the investigation, they will prepare a report for the Commissioner, with recommendations. The Commissioner will then make a decision about whether to dismiss or proceed with the matter.

You and the complainant will be notified of the Commissioner’s decision.

Other steps: