Legal Profession (Strengthening Disciplinary Matters) Amendment Bill 2026
Plain English Summary
Overview
This bill would transfer the job of disciplining Queensland lawyers, and deciding related questions about who can practise law, from QCAT to the Supreme Court of Queensland. It gives effect to all 23 recommendations of a 2025 review of QCAT's legal practitioner jurisdiction. The bill has been introduced to Parliament but is not yet law.
Who it affects
It mainly affects lawyers facing discipline or decisions about their right to practise, members of the public who complain about a lawyer, and people seeking to claim on the fidelity fund after losing money through a lawyer's default.
Key changes
- Discipline applications against lawyers would be heard by a single Supreme Court judge instead of QCAT, helped by a two-member panel (one practitioner and one layperson).
- QCAT 'reviews' of decisions by the Queensland Law Society, Bar Association and Legal Practitioners Admission Board — including on practising certificates, foreign lawyer registration and fidelity fund claims — would become 'appeals' to the Supreme Court, mostly heard afresh.
- The bill clarifies that a lawyer need not be ordered to pay costs for conduct that was not proven to be misconduct, reflecting the Pennisi v LSC [No 2] court decision.
- New rules set out how Supreme Court decisions can be taken to the Court of Appeal, with some appeals allowed only with leave or on a question of law.
- Existing QCAT matters would move to the Supreme Court on commencement unless QCAT has already started hearing them; QCAT keeps only limited functions such as external examiner disqualification reviews, and the Legal Practice Committee is retained with its decisions appealed to the Supreme Court instead of reviewed by QCAT.
Bill Journey
▸Committee12 May 2026View Hansard
Referred to Justice, Integrity and Community Safety Committee
The Justice, Integrity and Community Safety Committee examined the Bill, receiving three written submissions and holding a public briefing and public hearing in Brisbane on 15 June 2026. The Bill implements the 23 recommendations of the Hon. David Thomas's 2025-26 statutory review by transferring legal practitioner disciplinary jurisdiction from QCAT to the Supreme Court of Queensland. The committee found the Bill consistent with fundamental legislative principles and compatible with human rights, and recommended that it be passed. All three submitters supported the reforms, raising only technical drafting refinements rather than objections.
Key findings (5)
- The Bill gives effect to all 23 recommendations of the Hon. David Thomas's statutory review, transferring legal practitioner disciplinary jurisdiction and related matters from QCAT to the Supreme Court of Queensland.
- The transfer responds to longstanding delays in the existing system, where the average time to finalise a QCAT legal practitioner matter was 93 weeks, with 43 disciplinary matters and 3 legal costs matters active as at 1 June 2026.
- All three submitters (the Australian Lawyers Alliance, the Queensland Law Society and the Legal Services Commissioner) supported the Bill, with concerns limited to technical drafting and transitional issues rather than the policy itself.
- The committee acknowledged the Bill may limit the right to a fair hearing because Supreme Court filing fees and legal costs are generally higher than in QCAT, but was satisfied this limitation is reasonable and demonstrably justified, noting the department will review filing fees before commencement.
- The committee was satisfied that transitional regulation-making powers (including a Henry VIII clause with potential retrospective operation) were adequately justified, being subject to a two-year sunset provision.
Recommendations (1)
- The committee recommends that the Bill be passed.
Committee report tabled
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