Queensland Consolidated Acts

LEGAL PROFESSION ACT 2007 - SECT 443

443 Powers for investigations

(1) The entity carrying out an investigation as mentioned in section 435 or 436 may, for the investigation—

(a) require an Australian legal practitioner who is the subject of the investigation—

(i) to give the entity, in writing or personally, within a stated reasonable time a full explanation of the matter being investigated; or

(ii) to appear before the entity at a stated reasonable time and place; or

(iii) to produce to the entity within a stated reasonable time any document in the practitioner’s custody, possession or control that the practitioner is entitled at law to produce; or

(b) engage a person, whom the entity considers is qualified because the person has the necessary expertise or experience, to report on the reasonableness of an Australian legal practitioner’s bill of costs.

(2) Subject to subsection (6) , the Australian legal practitioner must comply with a requirement under subsection (1) (a) .

Penalty—

Maximum penalty—50 penalty units.

(3) If the practitioner fails to comply with the requirement, the entity may give the practitioner written notice that, if the failure continues for a further 14 days after the notice is given, the practitioner may be dealt with for professional misconduct.

(4) If notice under subsection (3) is given and the failure continues for the 14 day period—

(a) the Australian legal practitioner is taken to have committed professional misconduct, unless the practitioner has a reasonable excuse for not complying with the requirement within the period; and

(b) the commissioner may apply to the tribunal for an order in relation to the charge that the practitioner has committed professional misconduct as stated in paragraph (a) as if the application were an application in relation to a complaint against the practitioner.

(5) In a hearing before the tribunal about a charge of professional misconduct, a copy of the notice mentioned in subsection (3) and any enclosures with the notice are evidence of the matters in the notice and the enclosures.

(6) An Australian legal practitioner may refuse to give the entity an explanation of a matter being investigated if—

(a) the practitioner satisfies the entity that to give the explanation would contravene, or invalidate, a policy for professional indemnity insurance held by the practitioner; or

(b) the explanation would tend to incriminate the practitioner.

(7) A regulation may provide for how part 4.9 applies to an application to the tribunal for an order in relation to a charge that a legal practitioner has committed professional misconduct as stated in subsection (4) (a) and may be dealt with under that part as an application in relation to a complaint against the practitioner.