Annual Report 2008-09 - Legal Services Commissioner

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APPENDICES Delegations 4.2 Delegations revoked or made redundant There were no delegations revoked in 2008-09. However there were 13 delegations that became redundant when new positions were created. The redundant delegations are detailed in the following Table. Table: Delegations that have become redundant under the Legal Profession Act 2004. Date of Delegation Delegate Functions Delegated 6 August 2007 Manager, Complaints and Investigations – Internal Part 4.2 – Making a Complaint Section 4.2.7(4) – may accept costs dispute out of time Section 4.2.8 – must give notice of a complaint to law practice/legal practitioner Section 4.2.9 – may require complainant to give further information Part 4.3 – Civil Complaints and Disputes Section 4.3.3(2) – may waive requirement to lodge disputed costs Section 4.3.5(3) – may require law practice/legal practitioner to provide documents/information Part 4.4 – Disciplinary Complaints and Discipline Section 4.4.9(1) – may refer disciplinary complaint to PIB Section 4.4.9(3) – may extend date for report from PIB Section 4.4.11 –may require legal practitioner subject to investigation to provide explanation or information/documents. 6 August 2007 Manager, Complaints and Investigations – External Part 4.2 – Making a Complaint Section 4.2.7(4) – may accept costs dispute out of time Section 4.2.8 – must give notice of a complaint to law practice/legal practitioner Section 4.2.9 – may require complainant to give further information Part 4.3 – Civil Complaints and Disputes Section 4.3.3(2) – may waive requirement to lodge disputed costs Section 4.3.5(3) – may require law practice/legal practitioner to provide documents/information Part 4.4 – Disciplinary Complaints and Discipline Section 4.4.9(1) – may refer disciplinary complaint to PIB Section 4.4.9(3) – may extend date for report from PIB Section 4.4.11 –may require legal practitioner subject to investigation to provide explanation or information/documents. 26 September 2007 Manager, Complaints and Investigations – Internal Section 4.3.5A(1) Prepare, certify and distribute settlement agreement. 26 September 2007 Manager, Complaints and Investigations – External Section 4.3.5A(1) Prepare, certify and distribute settlement agreement. 29 January 2008 Manager, Complaints and Investigations – Internal Section 4.3.3(3) Dismiss a costs dispute where unpaid costs not lodged Section 4.4.9(2) State a date in a referral and give directions to a PIB 29 January 2008 Manager, Complaints and Investigations – External Section 4.3.3(3) Dismiss a costs dispute where unpaid costs not lodged Section 4.4.9(2) State a date in a referral and give directions to a PIB 132 Legal Services COMMISSIONER 2009 Annual Report
APPENDICES Delegations 18 April 2008 Manager, Complaints and Support Services Section 7.2.14 Disclosure of information by local regulatory authorities 18 April 2008 Manager, Complaints and Investigations – External Section 7.2.14 Disclosure of information by local regulatory authorities 18 April 2008 Manager, Complaints and Investigations – Internal Section 7.2.14 Disclosure of information by local regulatory authorities 6 June 2008 Manager, Complaints and Investigations – External Part 3.3-Trust Money and Trust Accounts Section 3.3.44(2) – comply with request from trust account inspector Part 4.3 – Civil Complaints and Disputes 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 Section 4.3.15 - notice about unresolved disputes 6 June 2008 Manager, Complaints and Investigations – Internal Part 3.3-Trust Money and Trust Accounts Section 3.3.44(2) – comply with request from trust account inspector Part 4.3 – Civil Complaints and Disputes 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 Section 4.3.15 - notice about unresolved disputes 6 June 2008 Manager, Complaints and Investigations – External Part 4.2 – Making a Complaint Section 4.2.10 – power to summarily dismiss complaint Part 4.3 – Civil Complaints and Disputes Section 4.3.5(1) – attempt to resolve a civil dispute Section 4.3.5(2) – refer a civil dispute for mediation; arrange for assessment of costs Section 4.3.5(4) – evidence not admissible Section 4.3.5(5) – section does not apply in certain circumstances Part 4.4 – Disciplinary Complaints and Discipline Section 4.4.7 – disciplinary complaints to be investigated Section 4.4.8 – investigation without complaint Section 4.4.9(4) – give directions to a PIB Section 4.4.9(5) – pay reasonable costs Section 4.4.33 – request to another jurisdiction to investigate complaint 6 June 2008 Manager, Complaints and Investigations – Internal Part 4.2 – Making a Complaint Section 4.2.10 – power to summarily dismiss complaint Part 4.3 – Civil Complaints and Disputes Section 4.3.5(1) – attempt to resolve a civil dispute Section 4.3.5(2) – refer a civil dispute for mediation; arrange for assessment of costs Section 4.3.5(4) – evidence not admissible Section 4.3.5(5) – section does not apply in certain circumstances Part 4.4 – Disciplinary Complaints and Discipline Section 4.4.7 – disciplinary complaints to be investigated Section 4.4.8 – investigation without complaint Section 4.4.9(4) – give directions to a PIB Section 4.4.9(5) – pay reasonable costs Section 4.4.33 – request to another jurisdiction to investigate complaint Legal Services COMMISSIONER 2009 Annual Report 133
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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 83 and 84: 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
Page 124 and 125: APPENDICES Complaints and Disputes
Page 130 and 131: APPENDICES Delegations Date of Dele
Page 132 and 133: APPENDICES Delegations Date of Dele
Page 136 and 137: APPENDICES Disclosure Index DISCLOS
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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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