Bar Standards Board—Assessment and Investigation of Reports
Bar Standards Board—Assessment and Investigation of Reports

The following Corporate Crime guidance note provides comprehensive and up to date legal information covering:

  • Bar Standards Board—Assessment and Investigation of Reports
  • Powers and functions of the Commissioner
  • Commissioner’s powers before investigation of reports received from persons other than BSB
  • Commissioner’s powers in relation to the conclusion of investigations
  • Powers of an independent decision-making panel

Powers and functions of the Commissioner

The powers of the Commissioner (and Bar Standards Board (BSB) staff delegated by the Commissioner) are set out in Part 5 of the BSB Handbook and include (but are not limited to) the power:

  1. to assess reports in order to determine whether they should be investigated as allegations

  2. investigate allegations as appropriate

  3. withdraw allegations as if they had not been made

  4. refer reports to a more appropriate regulatory body

  5. dismiss allegations and/or impose an administrative sanction, and

  6. refer allegations to an Independent Decision-Making Panel or to take disciplinary action

Commissioner’s powers before investigation of reports received from persons other than BSB

In determining whether a report raised by a person other than the BSB potentially discloses a breach of the Handbook, a potential case of professional misconduct or a breach of the Handbook satisfying the disqualification condition, and if so, whether it is apt for further consideration, the commissioner must consider:

  1. whether the conduct and its consequences is a serious enough risk to the regulatory objectives to justify further action

  2. whether the conduct can be properly and fairly investigated, and

  3. whether the report can be more appropriately dealt with by referring it to another body

Where the Commission