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