37Power to dismiss certain complaints

37 Power to dismiss certain complaints

37 Power to dismiss certain complaints

(1) The Board may dismiss a complaint if the Board is satisfied that the complaint—

(a) is frivolous or vexatious or otherwise lacking in merit, or

(b) is a complaint in respect of a matter that has already been dealt with as a complaint under this Part, or

(c) is trivial in nature.

(2) The Board may dismiss a complaint under this section without having investigated the complaint under this Part, or following an investigation of the complaint under this Part. The Board is not required to investigate a complaint that has been dismissed under this section.

(3) The Board is to notify the architect and complainant concerned of the dismissal of a complaint under this section.

(4) If the Board dismisses a complaint under this section, the Board may also issue a caution to the architect against whom the complaint was made in respect of the matter complained of.

(5) A person who makes a complaint or the architect against whom a complaint is made may apply to the Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of a decision of the Board to dismiss the complaint under this section.

s 37: Am 2013 No 95, Sch 2.10 [5].