Overview

On 30 November 2020, the Victorian Royal Commission into the Management of Police Informants (Royal Commission) delivered its final report and recommendations. As part of its inquiry, the Royal Commission examined aspects of legal profession regulation and the way that it supports, promotes and monitors lawyers’ ethical conduct.

Recommendation 86 of the Royal Commission recommended that the Victorian Government introduce a mandatory reporting requirement for lawyers to report the suspected misconduct of other lawyers. The introduction of this requirement is intended to support high ethical standards in the legal profession, better protect consumers of legal services and enhance public confidence in the legal profession.

The Victorian Government has committed to introducing the new mandatory reporting requirement.

Read our consultation paper

The Department of Justice and Community Safety (DJCS) prepared a consultation paper to seek the views of the legal profession and the broader community on how the new mandatory reporting requirement should be constructed.

The paper looks at the existing requirements in the legal profession regulatory scheme, comparative requirements in overseas jurisdictions and other professions, and the key issues that must be determined in the design of the new mandatory reporting requirement.

Your feedback will be used by DJCS to inform the construction of the new mandatory reporting requirement.

Next steps

A thematic summary of the submissions received will be shared on this page when available.

Privacy collection notice

DJCS will collect the information provided in your response. The Department of Premier and Cabinet (DPC), who manages the Engage Victoria website, will also be able to view the information that you provide. Both DJCS and DPC are bound by Victorian privacy laws.

Questions that ask for your personal information (e.g. name, state of residence and occupation) are optional. If you choose to provide personal information, DJCS will use the information to assist with its analysis and evaluation of your submission. You can make a submission without providing personal information.

Please note that if you choose to make your submission by email, we may be able to identify you from your email address. If you prefer to remain anonymous, submit your response via the Engage Victoria website.

We appreciate that the topics covered by this project are sensitive and personal. We also acknowledge that some respondents may be victim-survivors of sexual harassment, assault, bullying or discrimination. You are not required to offer any personal or health information, or provide personal experiences or stories in your submission.

Please do not provide identifying information about third parties (for example alleged or actual perpetrators of offences, or victims) in your submission.

Information that you provide will be used to inform the design of the mandatory reporting requirement. DJCS may also prepare reports, papers and other publications on the mandatory reporting requirement that identify the organisation that provided a submission, and may publish extracts or comments from submissions.

In the submission form, you can choose to consent to your personal information being used to identify your submission in reports, papers or other publications DJCS prepares on the mandatory reporting requirement. If you do not consent, we will deidentify your submission and it will be attributed to ‘anonymous’ in any reports, papers or publications.

A thematic summary of the feedback will also be published on the Engage Victoria website, which is open to the public, and will not contain any identifying details.

In Victoria and NSW, the legal profession is regulated by the Legal Profession Uniform Law (Uniform Law). Western Australia is expected to join the Uniform Law scheme in 2022. As the mandatory reporting requirement may result in an amendment to the Uniform Law, other Uniform Law states have an interest in submissions on the mandatory reporting requirement. Therefore, with your consent, submissions will be shared with:

  • the Attorney General of New South Wales and the New South Wales Department of Communities and Justice
  • the Attorney General of Western Australia and the Western Australian State Solicitor’s Office, and
  • the Legal Services Council.

In the submission form, you can choose to consent to your submission being shared with the above entities. If you do not consent, DJCS will not share your submission with other entities unless legally required to do so.

When using the Engage Victoria website, you will be subject to the Engage Victoria Terms of Use. The DJCS Information Privacy Policy applies to the collection, use and disclosure of personal information.

Under Victorian privacy law, you may request access or correction of personal information in your submission.