Legal Profession Act 2004 No 112
516 Mediation of hybrid complaint
(1) This section applies to a complaint that involves both a consumer
dispute and an issue of unsatisfactory professional conduct or professional
(2) If the Commissioner, or the Council by which a complaint is made
or to which a complaint is referred for investigation, considers that the
whole or a part of the consumer dispute is capable of resolution by mediation,
the Commissioner or Council may suggest to the complainant and the Australian
legal practitioner to whom the complaint relates that they enter into a
process of mediation.
(3) If the complainant and the practitioner agree to enter into a
process of mediation in connection with the consumer dispute:
(a) the Commissioner or Council may refer the complaint to mediation,
(b) so far as it involves an issue of unsatisfactory professional
conduct or professional misconduct, the complaint is to continue to be dealt
with under this Chapter, and
(c) no further action is required on the consumer dispute to the
extent that it is referred to mediation, except as provided by section 518
(Facilitation of mediation) and except so far as the consumer dispute is
relevant to determination of the complaint.
Note. The complaint may be withdrawn under section 512 (Withdrawal of
complaints) if the matter is resolved by mediation.