Actions after an investigation

After investigating a complaint, the Commissioner can take action against a lawyer, depending on whether there is sufficient evidence of misconduct. 

If the Commissioner is satisfied there is sufficient evidence of misconduct, a variety of disciplinary actions can be taken, including (for serious misconduct) taking disciplinary proceedings in the Legal Practitioners Disciplinary Tribunal or the Supreme Court.

If the Commissioner is satisfied there is sufficient evidence of misconduct, and he is also satisfied that he can deal with that misconduct himself using his own disciplinary powers, then he will inform both the complainant and lawyer of the disciplinary action he proposes to take.

Both the complainant and the lawyer then have the opportunity to make submissions to the Commissioner about the proposed action (within a time period specified by him).

The Commissioner will then consider the submissions received before he makes a final decision about the disciplinary action to be taken.