Disciplinary & Professional Conduct Appeals:

Each professional industry has its own organisation or body that oversees the conduct of its professional members. They have the power to receive and investigate complaints about the conduct of its members, for example, the Legal Services Commission, the Health Care Complaints Commission and the Australian Financial Complaints Authority. These organisations can subsequently make findings about the professional’s conduct and impose disciplinary action, where appropriate. Some organisations may defer the investigation and decision-making process to the NSW Civil and Administrative Tribunal (“NCAT”). This option is available if the matter relates to the conduct of lawyers and barristers, medical practitioners, veterinarians, architects and building professionals.

If a decision is made that a professional has engaged in conduct that does not conform to the standards required by members of their profession such as unsatisfactory professional conduct or professional misconduct, an avenue for appeal may be available. These avenues will depend on the industry itself, who made the decision and whether the professional has legal grounds to lodge an appeal.

Where the decision has been made by the professional organisation or body, there may be a right of appeal to NCAT or another judicial authority depending on any legislative or regulatory limitations. For example, complaints from the Health Care Complaints Commission can be made to NCAT. If the decision maker was NCAT, there may be no option for an internal appeal, however an appeal to the Supreme Court of NSW may be available if certain conditions are satisfied. Appeals by professionals can be based on a question of law or another ground if leave is granted by the Supreme Court. Leave is also required if the decision of NCAT was an interlocutory decision (being one made prior to a final decision), if it pertains to consent orders or costs. Decisions made under certain legislation is not appealable, for example, section 89(2) of the Legal Profession Uniform Law Application Act.  

 As the right of appeal is not uniform across different professions, it is important that you obtain legal advice if you are the subject of investigation or legal proceedings, and especially if a determination about your conduct has been made. Time limits may apply if an avenue and grounds for appeal exists.

If you wish to speak with one of our Disciplinary & Professional Conduct Lawyers, please contact our firm by telephone on (02) 9233 4048 or send an email to info@navado.com.au.

This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.