The Legal Services Commission experienced a 70 per cent increase in enquiries during 2024-2025 with 4123 received in the reporting period, according to the regulatory body’s annual report.
The annual report was submitted to the Attorney-General by Commissioner Megan Mahon late last month and tabled in Parliament on 11 November.
Commissioner Mahon said the LSC had undertaken a range of projects – dubbed Project Agility – aimed at modernising operations at the Commission, including adopting new technology which had improved engagement, resulting in the higher number of enquiries.
From 1 July 2024, the Commission implemented an enquiry-first approach. This change, stemming from Project Agility, addressed challenges such as delays and the high volume of complaints outside its jurisdiction.
“The Commission of 20 years ago stands in stark contrast to the organisation’s operations of present, and in the last reporting year, we have eagerly embraced new technology to improve the ease of engaging with the Commission for members of the profession and public,” she said.
“This has come in the form of new forms that are entirely digitised, removing barriers of access for our consumers.
“The Commission has responded to 95 per cent of enquiries within 14 days. It is a very proud achievement for our Enquiries and Complaints team, against the backdrop of this significant change, and has led to more positive engagements with our consumers who appreciate this early and consistent contact and guidance.”
Under the new process, all initial contact is treated as an enquiry, whether submitted by the online enquiry form, email, phone, letter or in-person at the Brisbane CBD office.
This approach enables the Commission to provide individuals with information about its role and complaint process before escalating matters to formal complaints. If an individual decides to proceed, they are directed to a complaint form, with online enquirers receiving a pre-populated form for convenience.
The Commission responded to and finalised 4061 enquiries, a 68.5 per cent increase.
The reporting year started with 613 open complaints. The Commission received 873 complaints in the reporting year and finalised 661 matters, including 509 summary dismissals.
The LSC investigated and finalised 152 complaints, which is a 55 per cent decrease in number on the previous year.
Of the investigations finalised by the Commission, 33 were referred to the litigation team to start disciplinary proceedings, and two matters were referred to commence a prosecution in the Magistrates Court.
The Commissioner also issued nine letters of caution and was given an undertaking by 10 legal practitioners.
“The results in this annual report illustrate the success of the first year of the enquiry-first approach,” Commissioner Mahon said.
“The early review of enquiries has resulted in a reduction in the number of formal complaints received by the Commission, and as such, a reduction in the number of summary dismissals that would otherwise have been the outcome of those out-of-jurisdiction complaints.”
Commissioner Mahon said the workload, especially within the unlawful operator space, had not been “immune to wider societal changes brought about by technological advancements”.
“Platforms like Airtasker, or even Facebook, continue to enable both qualified legal practitioners and unlawful operators to access new markets of clients,” she said.
“The occurrence of individuals who are not lawfully entitled to provide legal advice or otherwise, engaging in legal practice through these platforms, raises the alarm about how the legal profession, and legal system at large, grapples with technological advancements and the shift to legal work taking place through an entirely online exchange.
“There has been an increase in allegations about unlawful operators over the reporting year, which have not been limited to online platforms.”
She said the LSC successfully prosecuted two unlawful operators who undertook unqualified ‘legal work’ for clients they had first engaged with online.
“The fact that there are consumers seeking legal advice through online platforms reflects the vulnerability of such persons, who are often completely unaware of the potential risks,” the Commissioner said.
“While Airtasker has been responsive and prompt in assisting our investigations, more must be done by these sites to warn users of the risks they are assuming and curtail the use of their platforms by unlawful operators. Likewise, the legal profession must be proactive in reporting suspected offenders to the Commission.
“If we don’t know about it – we can’t do anything about it.”
There has been an increase in reports of alleged unlawful operators to the commission. During the reporting year, it received 34 enquiries and two complaints about potential unlawful operators and opened 39 investigation matters.
“These numbers have been steadily growing over the last few years, and as with our other complaint and investigation files, there is increased complexity associated with the investigation of these matters,” she said.
“This is in part driven by the increasingly sophisticated methods used by these individuals to avoid detection while providing unlawful legal services. Investigations of unlawful operators ordinarily involve the commitment of significant resources and the discharge of compulsory powers throughout the state.”
Commissioner Mahon said legislation was “struggling to keep up” with the changes that have occurred in advertising over the past two decades in the personal injuries space.
“With widespread advancements in online advertising since the personal injuries advertising restrictions were introduced in 2002, we have observed the way digital methods and other creative advertising look to circumvent the intended outcomes of the legislation,” she said.
“The Commission is also regularly dealing with breaches of the advertising restrictions, including prohibited images and statements in advertisements for personal injury services on online formats, such as websites and social media platforms, as well as other digital advertising.
“It presents a great issue for lawyers who are following the spirit of the legislation, who find themselves competing against the unscrupulous marketing tactics of those who are not.
“To address these concerns, the Commission has been exploring how we can best maintain the good standing of the legal profession in Queensland and safeguard consumers, while ensuring legal practitioners can adequately advertise their services.
“We are engaging with key stakeholders and seeking advice, as we appreciate the complexity of the issue and the potential impacts to businesses and livelihoods. We are currently undertaking a review of our personal injury services advertising regulatory guide and are committed to providing the profession with contemporary guidance about how to advertise personal injury services in the digital age.
“Nevertheless, compliance with all relevant laws is ultimately the responsibility of each and every lawyer.”
Commissioner Mahon said the important objective of protecting Queenslanders from prohibited advertising – or “unscrupulous activities like age-old, proverbial ambulance chasing” – remained a key priority.
“There has been an apparent need to shift from the Commission’s educative approach in this area, to investigating and commencing disciplinary proceedings for ongoing breaches.”
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