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Section 300 Operational Directive
This Operational Directive has been developed to provide guidance on when the VLSB+C will issue proceedings against a lawyer at the Victorian Civil and Administrative Tribunal (VCAT).
Under section 300 of the Uniform Law, the Victorian Legal Services Commissioner has discretion as to whether to initiate and prosecute proceedings against a lawyer at VCAT if they conclude that the alleged conduct may amount to:
- professional misconduct that does not fulfil the criteria set out in 3.1 of this Operational Directive; or
- unsatisfactory professional conduct that would be more appropriately dealt with by VCAT as per the criteria set out in 3.2 of this Operational Directive.
This Directive will provide guidance around how this discretion is exercised and will explain the decision-making process.