LEGAL SERVICES COMMISSIONER ANNUAL REPORT 2012

Date ofRevocationDate ofDelegation13 December 2011 3 March 2010 Director,ProfessionalStandards13 December 2011 24 March 2010 Director,ProfessionalStandardsDelegate Functions Delegated Reason forRevocationPart 3.3 – Trust Money and Trust AccountsSection 3.3.44(2) – comply with request from trust accountinspectorPart 4.2 – Making a ComplaintSection 4.2.7 – accept a complaint made out of timeSection 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 settlementagreement.Section 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(1) – powers following investigationSection 4.4.13(3)(b) – power to reprimand or cautionpractitionerSection 4.4.13(3)(c) – power to take no further actionSection 4.4.13(4) – power to require compensationSection 4.4.13(5) – obligation to take no further actionSection 4.4.13(6) – power to rely on recommendation in areport of a prescribed investigatory bodySection 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 correspondingauthoritiesSchedule 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 1996Section 7.2.14Disclosure of information by local regulatory authoritiesOfficere-structure,change of titleOfficere-structure,change of title110 Legal Services COMMISSIONER Annual Report 2012