Annual Report 2008-09 - Legal Services Commissioner

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APPENDICES Delegations Date of Delegation Delegate Functions Delegated 30 March 2009 Manager, Complaints and Investigations Part 3.3- Trust Money and Trust Accounts Section 3.3.44(2) - comply with request from trust account inspector Part 4.2 – Making a Complaint Section 4.2.7(4) – accept a costs dispute made out of time Section 4.2.8 – notification of a complaint to a law practice or an Australian legal practitioner Section 4.2.9 – requirement for further information from complainant Part 4.3, Division 2 – Dealing with Civil Complaints Section 4.3.3(2) – may waive requirement to lodge disputed costs Section 4.3.3(3) – dismiss costs dispute where costs not lodged Section 4.3.5A(1) – prepare, certify and distribute settlement agreement. Section 4.3.6 – notice where civil dispute is not likely to be resolved Section 4.3.7 – notice where dispute resolution fails Part 4.3, Division 4 – Resolution of Civil Disputes by the Tribunal Section 4.3.15 – notice about unresolved disputes Part 4.4 – Disciplinary Complaints and Discipline Section 4.4.9(1) – refer disciplinary complaint to PIB Section 4.4.9(2) – referral may include certain information Section 4.4.9(3) – extend date for report by PIB Section 4.4.11- power to require practitioner, law practice and others to provide information and documents Part 7.2, Division 3 - General Section 7.2.14 – disclosure of information by local regulatory authorities 29 April 2009 Complex Complaints Adviser Part 3.3- Trust Money and Trust Accounts Section 3.3.44(2) - comply with request from trust account inspector Part 4.2 – Making a Complaint Section 4.2.7 – accept a complaint made out of time Section 4.2.8 – notification of a complaint to a law practice or an Australian legal practitioner Section 4.2.9 – requirement for further information from complainant Section 4.2.10 – power to summarily dismiss a complaint Part 4.3, Division 2 – Dealing with Civil Complaints Section 4.3.3 – lodgement of disputed costs Section 4.3.4 – dealing with lodged costs Section 4.3.5 – attempt to resolve civil dispute Section 4.3.5A(1) – prepare, certify and distribute settlement agreement. Section 4.3.6 – notice where civil dispute is not likely to be resolved, or is unsuitable for resolution Section 4.3.7 – notice where dispute resolution fails Part 4.3, Division 3 - Mediation Section 4.3.9 – appointment of mediator Section 4.3.13 – power to dismiss complaint where complainant fails to attend mediation, and requirement to provide notice to complainant where law practice or Australian legal practitioner fails to attend mediation Part 4.3, Division 4 – Resolution of Civil Disputes by the Tribunal Section 4.3.15 – notice about unresolved disputes 130 Legal Services COMMISSIONER 2009 Annual Report
APPENDICES Delegations Date of Delegation Delegate Functions Delegated 29 April 2009 Complex Complaints Adviser Part 4.4, Division 3 - Investigations Section 4.4.7- investigation of disciplinary complaint Section 4.4.8 - investigation without complaint Section 4.4.9 - referral of disciplinary complaint to prescribed investigatory body for investigation Section 4.4.10(3) – powers following receipt of a report from a prescribed investigatory body Section 4.4.11- power to require practitioner, law practice and others to provide information and documents Section 4.4.12 - investigation to be conducted expeditiously Section 4.4.13(1) - powers following investigation Section 4.4.13(3)(b) - power to reprimand or caution practitioner Section 4.4.13(3)(c) - power to take no further action Section 4.4.13(4) - power to require compensation Section 4.4.13(5) - obligation to take no further action Section 4.4.13(6) - power to rely on recommendation in a report of a prescribed investigatory body Section 4.4.14 – notice of decision Part 4.4, Division 7 – Inter-jurisdictional provisions Section 4.4.33 - request to another jurisdiction to investigate complaint or conduct Section 4.4.34 - request from another jurisdiction to investigate complaint or conduct Section 4.4.36 - co-operation with corresponding authorities Part 7.2 – General Provisions Division 3 – General Section 7.2.14 Schedule 2, Part 6 – Disputes and Discipline Clause 6.1- current disputes to continue to be dealt with in accordance with the Legal Practice Act 1996 Clauses 6.2 - current complaints to be dealt with in accordance with the Legal Practice Act 1996 Clause 6.3 - current investigations to be conducted in accordance with the Legal Practice Act 1996 Clause 6.4 - reviews outstanding under Legal Practice Act 1996 to be dealt with in accordance with the Legal Practice Act 1996 Legal Services COMMISSIONER 2009 Annual Report 131
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A N N UA L R E P O R T 2009
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Table of Contents Chapter 1 - About
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Our Mission: The Legal Services Com
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Chapter ONE About the Legal Service
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Chapter TWO Handling complaints Obj
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Chapter TWO Handling complaints A c
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Chapter TWO Handling complaints A m
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Chapter TWO Handling complaints Com
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Chapter TWO Handling complaints Our
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Chapter TWO Handling complaints Dis
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Chapter TWO Handling complaints Cas
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Chapter TWO Handling complaints •
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Chapter THREE Educating the legal p
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Chapter FOUR Educating the communit
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Chapter FIVE Projects and research
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Chapter SIX Human Resources Objecti
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Chapter SIX Human Resources Figure:
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Chapter SIX Human Resources Organis
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Chapter SIX Human Resources Table:
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Chapter SIX Human Resources Human R
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Chapter seven Governance Objective:
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Chapter SEVEN Governance National C
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Chapter SEVEN Governance Office-Bas
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Chapter SEVEN Governance Indicator
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Chapter EIGHT FINANCIAL STATEMENTS
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Chapter EIGHT Financial Statements
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Page 81 and 82: Chapter EIGHT Financial Statements
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Page 104 and 105: APPENDICES Introduction to Complain
Page 106 and 107: APPENDICES Complaints under the Leg
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Page 140: Level 9, 330 Collins Street MELBOUR
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Annual Report 2008-09 - Legal Services Commissioner

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