LEGAL SERVICES COMMISSIONER ANNUAL REPORT 2012

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Date Delegate Functions delegated24 January 2012 Principal PolicyOfficer13 December201113 December2011InvestigationsOfficerAssistantInvestigationsOfficer3 March 2010 DisputeResolutionOfficer13 December201113 December2011AssistantDisputeResolutionOfficerConciliator20 April 2010 Law Instituteof Victoria Ltd20 April 2010 VictorianBar Inc20 April 2010 Members ofthe EthicsCommittee ofthe VictorianBar IncSection 7.2.14Disclosure of information by local regulatory authoritiesPart 4.3 – Civil Complaints and Disputes4.3.5(1) – attempt to resolve civil disputePart 4.4 – Disciplinary Complaints and Discipline4.4.7 – investigate disciplinary complaintPart 4.3 – Civil Complaints and Disputes4.3.5(1) – attempt to resolve civil disputePart 4.4 – Disciplinary Complaints and Discipline4.4.7 – investigate disciplinary complaintPart 4.3 – Civil Complaints and Disputes4.3.5(1) – attempt to resolve civil disputePart 4.4 – Disciplinary Complaints and Discipline4.4.7 – investigate disciplinary complaintPart 4.3 – Civil Complaints and Disputes4.3.5(1) – attempt to resolve civil disputePart 4.4 – Disciplinary Complaints and Discipline4.4.7 – investigate disciplinary complaintPart 4.3 – Civil Complaints and Disputes4.3.5(1) – attempt to resolve civil disputePart 4.4 – Disciplinary Complaints and Discipline4.4.7 – investigate disciplinary complaintPart 4.3, Division 2 – Dealing with Civil ComplaintsSection 4.3.5(1) – must attempt to resolve civil disputeSection 4.3.5(3) – may require law practice or legal practitioner to provide relevant documents or informationSection 4.3.5A(1)(a) – prepare settlement agreementPart 4.3, Division 2 – Dealing with Civil ComplaintsSection 4.3.5(1) – must attempt to resolve civil disputeSection 4.3.5(3) – may require law practice or legal practitioner to provide relevant documents or informationSection 4.3.5A(1)(a) – prepare settlement agreementPart 4.3, Division 2 – Dealing with Civil ComplaintsSection 4.3.5(1) – must attempt to resolve civil disputeSection 4.3.5(3) – may require law practice or legal practitioner to provide relevant documents or informationSection 4.3.5A(1)(a) – prepare settlement agreement108 Legal Services COMMISSIONER Annual Report 2012
Delegations revoked or made redundantThere were five delegations revoked in 2011-12. The main reasons the delegations were revoked wasto consolidate and update the delegations. The revoked delegations are detailed in the following Table.Figure 49 Delegations that have become redundant under the Legal Profession Act 2004Date ofRevocationDate ofDelegation13 December 2011 30 July 2010 ExecutiveDirector,Regulation andComplaintsDelegate Functions Delegated Reason forRevocationSection 3.3.44(2)Comply with request from trust account inspectorPart 4.1 – Introduction and ApplicationSection 4.1.4(3) – power to consent to conduct being dealtwith under a corresponding lawSection 4.1.4 (5) – power to consent may be givenconditionally or unconditionallyPart 4.2 – Making a ComplaintSection 4.2.7 – time limits for complaintsSection 4.2.8 – notification of a complaint to a law practiceor an Australian legal practitionerSection 4.2.9 – requirement for further information fromcomplainantSection 4.2.10 – power to summarily dismiss a complaintPart 4.3, Division 2 – Dealing with Civil ComplaintsSection 4.3.3 – lodgement of disputed costsSection 4.3.4 – dealing with lodged costsSection 4.3.5 – attempt to resolve civil disputeSection 4.3.5A(1) – prepare, certify and distribute settlementagreementSection 4.3.6 – notice where civil dispute is not likely to beresolved, or is unsuitable for resolutionSection 4.3.7 – notice where dispute resolution failsPart 4.3, Division 3 – MediationSection 4.3.9 – appointment of mediatorSection 4.3.13 – power to dismiss complaint wherecomplainant fails to attend mediation, and requirementto provide notice to complainant where law practice orAustralian legal practitioner fails to attend mediationPart 4.3, Division 4 – Resolution of Civil Disputes by theTribunalSection 4.3.15 – notice about unresolved disputesPart 4.4, Division 3 – InvestigationsSection 4.4.7 – investigation of disciplinary complaintSection 4.4.8 – investigation without complaintSection 4.4.9 – referral of disciplinary complaint toprescribed investigatory body for investigationSection 4.4.10(3) – powers following receipt of a report froma prescribed investigatory bodySection 4.4.11 – power to require practitioner, law practiceand others to provide information and documentsSection 4.4.12 – investigation to be conducted expeditiouslySection 4.4.13 – powers following investigation, includingin relation to professional misconduct, unsatisfactoryprofessional conductSection 4.4.14 – notice of decisionPart 4.4, Division 7 – Inter-jurisdictional provisionsSection 4.4.33 – request to another jurisdiction toinvestigate complaint or conductSection 4.4.34 – request from another jurisdiction toinvestigate complaint or conductSection 4.4.36 – co-operation with correspondingauthoritiesPart 7.2 – General ProvisionsSection 7.2.14 – disclosure of information by local regulatoryauthoritiesSchedule 2, Part 6 – Disputes and DisciplineClause 6.1 – current disputes to continue to be dealt with inaccordance with the Legal Practice Act 1996Clauses 6.2 – current complaints to be dealt with inaccordance with the Legal Practice Act 1996Clause 6.3 – current investigations to be conducted inaccordance with the Legal Practice Act 1996Officere-structure,change of titleLegal Services COMMISSIONER Annual Report 2012 109
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contentsAbout the Legal Services Co
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Education and OutreachIn accordance
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chapter 01REPORT OF OPERATIONSThis
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Figure 4 Top six issues that featur
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Overcharging complaint resolved wit
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An explanation and apology resolved
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The Complaints and InvestigationsTe
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Alternative disciplinary actionsWhe
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Oldham v Law Institute of Victoria
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Complaints outstandingThere were 57
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Educating consumers of legal servic
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chapter 02human resourcesOrganisati
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Executive officer dataAn executive
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chapter 03governanceFreedom of Info
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Waste generationThe LSC also monito
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Greenhouse gas emissionsBelow is a
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contentsAccountable Officer’s and
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Comprehensiveoperating statementFor
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Statement ofchanges in equityFor th
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1 Summary of significant accounting
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Page 60 and 61: Standard/InterpretationAASB 13 Fair
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Page 66 and 67: 2 Income from transactions2012 2011
Page 68 and 69: 4 Cash and deposits2012 2011$ $(a)
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Page 73 and 74: 11 Provisions CONTINUED(b) Movement
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Page 79 and 80: 19 Remuneration of executivesExecut
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Page 87 and 88: Figure 34 Complaints finalisedThe f
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Page 117 and 118: Legislation Requirement Page Refere
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LEGAL SERVICES COMMISSIONER ANNUAL REPORT 2012

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