Make a Complaint
Anyone can make a complaint about the conduct of a barrister in the ACT. All complaints must be submitted to the ACT Bar Association. The making of complaints and how they are to be dealt with is regulated by the Legal Profession Act 2006. A complaint should be made to the ACT Bar Council.
What types of issues can I complain about?
The ACT Bar Association does not and cannot accept complaints about solicitors, only barristers and some prosecutors.
Complaints about ACT barristers, how they are investigated, and outcomes that can occur are regulated by the Legal Profession Act 2006 (ACT). Not all conduct of barristers will give rise to the potential for disciplinary sanctions. It is only if the conduct amounts to “unsatisfactory professional conduct” or “professional misconduct” (within the meaning of the Legal Profession Act 2006 ACT) that disciplinary sanctions may follow.
Unsatisfactory professional conduct includes conduct in connection with the practice of law that falls short of the standard of competence and diligence that a member of the public is entitled to expect of a reasonably competent barrister.
Professional misconduct is the most serious charge a barrister can face as a member of the profession. It includes:
(a) unsatisfactory professional conduct of an Australian legal practitioner, if the conduct involves a substantial or consistent failure to reach or maintain a reasonable standard of competence and diligence; and
(b) conduct of an Australian legal practitioner whether happening in connection with the practice of law or happening otherwise than in connection with the practice of law that would, if established, justify a finding that the practitioner is not a fit and proper person to engage in legal practice.
Examples may include dishonesty, failing to abide by professional obligations, or contravening the Legal Profession Act 2006 and the associated rules.
Frivolous, vexatious, or unsubstantiated complaints will likely be dismissed by the Bar Council. Examples of these may be (but are not limited) to:
- a barrister or prosecutor behaving in way which merely shows that they have a working relationship or familiarity with court staff, Registrars, Judges or Magistrates;
- a barrister or prosecutor merely being seen in the vicinity of a judge or magistrate outside of the courtroom;
- a barrister or prosecutor making an individual feel uncomfortable during legal proceedings;
- resubmission of a previous or similar complaint
- complaints based entirely on hearsay and/or without any supporting documentation.
Do any time limits apply for making a complaint to the Bar Association?
Generally, the Bar Association cannot deal with a complaint that is made more than three years after the alleged misconduct. There are exceptions, however if the Bar Association determines that it is just and fair to deal with the complaint (having regard to the delay and the reasons for the delay), or the complaint involves an allegation of professional misconduct, and it is in the public interest to deal with the complaint.
Initial Process
To ensure the ACT Bar Association can deal with your complaint and understand the issues from the beginning, you are requested to complete an online Complaint Enquiry via the link below. Once your Complaint Enquiry is received, it will be reviewed and you will receive a response, indicating any further steps which are required.
Complete an online Complaint Enquiry here.
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If you have any questions, please contact ACT Bar Association CEO, Tim Kapustin via ceo@actbar.com.au