Proposal for an Independent Inquiry into Legal Regulation in Victoria

The Mission
Legal regulators occupy a unique position within the justice system. They are neither courts nor government departments in the ordinary sense, yet they exercise coercive powers that can profoundly affect individuals and institutions. 

Their effectiveness depends not only on statutory authority, but on the confidence of those they regulate and the community they are intended to protect. 

In 2025, the Western Australian Parliament’s Standing Committee on Public Administration commenced an inquiry into the Legal Practice Board of Western Australia. 

The inquiry examined the Board’s operation and effectiveness in regulating the legal profession, following extensive concerns raised by practitioners, professional bodies, and other stakeholders. 

Submissions to that inquiry consistently raised issues, including:

 - Chronic delays in regulatory processes; 
- Poor communication and lack of responsiveness; 
- Perceived deficiencies in procedural fairness;
- Governance and accountability concerns; and - Significant personal and professional harm arising from regulatory action. 

The WA inquiry demonstrated that where confidence in a legal regulator is materially diminished, parliamentary scrutiny is not only appropriate but necessary.

It also underscored that regulatory effectiveness must be assessed not solely by enforcement outcomes, but by process integrity, proportionality, and institutional culture. 
Emerging Issues in Victoria
Victoria’s legal profession is one of the largest and most complex in Australia, encompassing a diverse range of practitioners, practice models, and areas of law. 

The regulatory environment is correspondingly significant in scale and impact. Across the Victorian profession, concerns have been raised—through professional forums, representative bodies, and individual accounts—regarding aspects of regulatory practice. 

While the specific institutional arrangements differ from those in Western Australia, the nature of the concerns bears notable similarities, including: 

- Delays in decision-making affecting practising certificates, complaints, and disciplinary matters; 
- Limited transparency around regulatory processes and criteria;
- Communication practices perceived as inconsistent or inadequate; 
- The cumulative well-being impact of prolonged or adversarial regulatory engagement; 
- Questions regarding governance structures and accountability mechanisms.

Importantly, the persistence of these concerns, rather than any single allegation, suggests the need for systemic examination rather than piecemeal response. 

We need your support to advocate for an ​Inquiry into ​legal regulation in Victoria.

The $6 Billion Question: What Is the Public Purpose Fund Really For?

Victoria’s legal regulators oversee a Public Purpose Fund holding more than $6 billion in assets. By comparison, Western Australia’s equivalent fund holds approximately $14 million.

Read More  
Human Rights and Legal Regulation: An Uncomfortable Legal Blind Spot

Victoria prides itself on its Charter of Human Rights and Responsibilities. Yet when it comes to legal regulation, the application of those rights is far from clear. The legal profession is regulated under a uniform national scheme that, in effect, limits the application of human rights protections to regulatory action. Practitioners facing prolonged investigations or suspensions often find themselves without meaningful recourse.

Read More  
The Human Cost of Regulation: When Oversight Becomes Harm

Regulation is often discussed in abstract terms — frameworks, powers, governance. What is less frequently acknowledged is the human cost when systems malfunction. In Western Australia, submissions to the parliamentary inquiry described psychological distress, anxiety, depression and, in some cases, suicidal ideation linked to prolonged regulatory action. accounts.

Read More  
Delayed Justice: Why Time Matters in Legal Regulation

Justice delayed is justice denied — and this principle applies just as strongly to regulation as it does to courts. One of the most consistent concerns raised in Western Australia prior to its parliamentary inquiry was delay. Practising certificates took months to process. Complaints and investigations stretched into years. Communication stalled.

Read More  
Who Regulates the Regulators? Why Victoria Needs an Independent Inquiry into Legal Oversight

Who Regulates the Regulators? Why Victoria Needs an Independent Inquiry into Legal Oversight

Read More