The Commissioner is normally required to advise a lawyer that a complaint has been received about them.
The only exception is when the Commissioner decides not to investigate and simply closes the complaint, or where he believes notifying the lawyer is likely to:
- prejudice the investigation or court proceedings
- place the complainant or other persons at risk of intimidation or harassment.
The Commissioner’s office will notify a lawyer of a complaint in writing. If the Commissioner decides to investigate the complaint, then the following will also be provided:
- a summary or details of the complaint
- a notice stating a lawyer’s right to make a submission (usually within 21 days) about the subject matter of the investigation.