Previously the LCS had no ability to triage complaints before they were referred to a Standards Committee. If a person made a complaint, the complaint had to be referred to a Standards Committee. Section 135A now provides for a form of triage process which means that not all complaints must be referred to a Standards Committee.

No. Section 135A sets out six grounds on which the LCS may decide not to refer a complaint to a Standards Committee. The grounds are limited and if none of them apply, the LCS must refer the complaint to a Standards Committee.

The six grounds specified in s135A are:

1. The length of time that has elapsed between the date when the conduct occurred and when the complaint was made is such that an investigation of the complaint is no longer practicable or desirable.
2. The subject matter of the complaint is trivial.
3. The complaint is frivolous or vexatious or is not made in good faith.
4. The person alleged to be aggrieved does not desire that action be taken or continued.
5. The complainant does not have sufficient personal interest in the subject matter of the complaint.
6. There is an adequate remedy or right of appeal that it would be reasonable for the complainant to exercise.

The Lawyers Complaints Service may decide not to refer the complaint to a Standards Committee if one or more of the grounds apply. If none of the grounds apply, it must refer the complaint to a Standards Committee.  

No. Section 135A creates a new triage power that is intended to improve the efficiency of the complaints system, not to create an additional process requiring the exchange of evidence and legal submissions before a complaint reaches a Standards Committee. The LCS will consider whether any of the six grounds in s135A apply based on the complaint and any supporting material provided with the complaint. If a decision is made to refer the complaint to a Standards Committee, the Standards Committee will consider what the next steps are. This may include taking no further action on the complaint under s138 of the LCA.

When assessing a complaint, the LCS will consider whether the complaint could be promptly resolved between the parties. However, the LCS may decide that the subject matter of the complaint is serious and needs to be considered by a Standards Committee even if the parties reach an agreement, or that a resolution is not likely to occur promptly or without applying significant resources.

If the LCS considers that the complaint could be resolved promptly through discussions between the parties, it will allow for that if it means referral to a Standards Committee would no longer be necessary. To avoid delay, the LCS will put timeframes around any resolution process. If the complaint is referred to a Standards Committee it remains open to the Standards Committee to direct the parties to explore the possibility of resolution or otherwise allow the parties that opportunity.

Let the LCS know if you have reached an agreement with the other party which resolves the complaint. Both parties will need to confirm that an agreement has been reached resolving all the issues in the complaint and that no further action is required. The LCS will consider if this means that a referral should not be made to a Standards Committee.

No. Unlike certain decisions of Standards Committees, the LCA does not require the LCS to give reasons for its decisions under s135A.

If the LCS refers a complaint to a Standards Committee, the complaints process proceeds the same way as before the law changed. Find out more about the complaints process.

The LCA does not provide for a right of review to the Legal Complaints Review Officer for decisions made by the LCS under s135A. Decisions made by the LCS under s135A of the LCA are final.

No. The changes only apply to complaints received after 13 July 2026, following the change to the legislation. All complaints received by the LCS before 13 July 2026 must be referred to a Standards Committee.