Lawyers and Conveyancers Act 2006

Complaints and discipline - Complaints

158: Notice of determination

You could also call this:

"Getting a written decision from the Standards Committee"

Illustration for Lawyers and Conveyancers Act 2006

When a Standards Committee makes a decision about you, they must tell you in writing. They must explain what the decision is and why they made it. They must also tell you about any orders they have made. The notice they send you must include information about your right to ask for a review of the decision. It must also tell you how long you have to ask for a review. If you are a provider under the Legal Services Act 2011, the Standards Committee will send a copy of the notice to the Secretary for Justice. The Standards Committee must send the notice to the people who are affected by the decision. If there are many people in a group who are affected, the Committee only needs to send the notice to one person in the group or to a smaller group of people. For example, if you are a lawyer in a partnership, the Committee might only need to send the notice to one of your partners.

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Part 7Complaints and discipline
Complaints

158Notice of determination

  1. If a Standards Committee makes a determination of the kind described in section 152(2)(b) or (c), that Standards Committee must forthwith give written notice of that determination to each of the persons who may, under section 193, apply to the Legal Complaints Review Officer for a review of the determination.

  2. The notice must—

  3. state the determination and the reasons for it; and
    1. specify any orders made under section 156 or section 157 and be accompanied by copies of any such orders; and
      1. describe the right of review conferred by section 193; and
        1. state the period within which an application for a review of the determination or of any such order or both may be lodged (which period is prescribed by section 198(b)).
          1. A duty under subsection (1) (read with sections 6 and 193 to 197) to forthwith give written notice to each member of a class (of related persons) in column 1 of a row of the following table is performed sufficiently by forthwith giving written notice only to the individual or smaller class (of related persons) in column 2 of that row:

            The following table is small in size and has 2 columns. Column 1 is headed Class. Column 2 is headed Individual or smaller class.
            Column 1
            Class
            Column 2
            Individual or smaller class
            1 All persons who practise in partnership with the practitioner Any 1 of those persons who practise in partnership with the practitioner
            2 All directors of an incorporated law firm or incorporated conveyancing firm in which the practitioner practises Any 1 of those directors of that firm
            3 All shareholders of an incorporated law firm or incorporated conveyancing firm in which the practitioner practises All shareholders of that firm who are shareholders of that firm in respect of shares that confer voting rights

          2. If the person who is the subject of the determination is a provider under the Legal Services Act 2011, the Standards Committee must provide a written notice of the determination to the Secretary for Justice.

          Compare
          Notes
          • Section 158(2A): inserted, on , by section 13 of the Lawyers and Conveyancers Amendment Act 2012 (2012 No 92).
          • Section 158(3): added, on , by section 140 of the Legal Services Act 2011 (2011 No 4).