Investigations of Professionals:

There is usually a professional organisation charged with overseeing the conduct of its members, drafting Codes of Conduct by which members are bound, and managing and investigating complaints lodged against its members.

The manner in which complaints are dealt with varies between the professional bodies, so too does the sanctions available upon findings of misconduct, negligence or unprofessional conduct.

Once a complaint is received by the professional body, they will, in the initial stages of the process, forward a copy to the professional against whom the complaint has been lodged. The professional may then be provided with an opportunity to respond at this time. Once the professional organisation has sufficient information available about the complaint they may decide that no action is required or, alternatively, may determine that an investigation is warranted. During an investigation, the professional should be given an opportunity to make submissions about the complaint, which may include a denial of the allegations, or clarification of issues raised by the complainant. The ability of the professional to provide a response is required on the grounds of procedural fairness.

It is important that if a complaint is made against you, or if you are considering lodging a complaint against a professional, that you obtain legal advice. Navado’s team of Solicitors can advise you of your rights during the complaints and investigation process, sanctions or other risks that may arise from an adverse finding against the professional, and other avenues that may be pursued by the complainant against the professional, such as whether there are grounds for a civil claim to be filed.  We can also assist should sanctions be imposed against the professional, including advising on appeals.

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.