27Proceedings may be commenced by complaint

### 27 Proceedings may be commenced by complaint > > (1)  [*\[Section 27 Subsection (1) amended by No. 23 of 2009, s. 20, Applied:16 Jun 2009\]*](/view/html/inforce/2009-06-16/act-2009-023#GS20@EN) *\[Section 27 Subsection (1) amended by No. 108 of 1974, s. 8 \]*Subject to [subsections (2)](#GS27@Gs2@EN) and [(3)](#GS27@Gs3@EN) , and except as otherwise enacted or prescribed under any enactment, proceedings before justices shall be commenced by a complaint, which may be made or laid by the complainant in person, or by his or her lawyer or other person authorized in that behalf. > > > (2)  *\[Section 27 Subsection (2) inserted by No. 108 of 1974, s. 8 \]*Where a person has been arrested without a warrant, oral information of the substance of the charge may take the place of a complaint up to the stage of the proceedings at which a complaint is needed for the person charged to plead to it. > > > (3)  *\[Section 27 Subsection (3) inserted by No. 108 of 1974, s. 8 \]**\[Section 27 Subsection (3) amended by No. 5 of 1990, s. 3 and Sched. 1 \]*A complaint of a breach of the [Criminal Code](/view/html/inforce/2026-04-12/act-1924-069) may not be made by a person other than – > > > > > > (a) a public officer; > > > > > > > (b) a person authorized or directed to make the complaint by the Crown or the Commonwealth; or > > > > > > > (c) an officer of a municipality or another statutory public or local authority – > > > > acting in good faith in his official capacity, without the consent of the Director of Public Prosecutions, who shall satisfy himself by affidavit, statutory declaration, or otherwise that the complainant is acting in good faith and on reasonable grounds. > > > (4)  [*\[Section 27 Subsection (4) inserted by No. 33 of 2009, s. 4, Applied:19 Jun 2009\]*](/view/html/inforce/2009-06-19/act-2009-033#GS4@EN) If a matter purporting to be a complaint has been made by a public officer in the name of, and on behalf of, an agency, Department or instrumentality purportedly in reliance on [rule 6(3)(b) of the](/view/html/inforce/2026-04-12/sr-2003-184#GS6@Gs3@Hpb@EN) [Justices Rules 2003](/view/html/inforce/2026-04-12/sr-2003-184) as in force on and from 1 January 2004 until 1 June 2009 – > > > > > > (a) the matter is taken to be a complaint validly made by the public officer who signed it; and > > > > > > > (b) that public officer is taken to be the complainant and to have made the complaint in his or her own right in accordance with [subsection (1)](#GS27@Gs1@EN) ; and > > > > > > > (c) the complaint need not be sworn before a justice. > > > (5)  [*\[Section 27 Subsection (5) inserted by No. 33 of 2009, s. 4, Applied:19 Jun 2009\]*](/view/html/inforce/2009-06-19/act-2009-033#GS4@EN) [Subsection (4)](#GS27@Gs4@EN) applies – > > > > > > (a) subject to [subsection (6)](#GS27@Gs6@EN) , to a matter purporting to be a complaint referred to in [subsection (4)](#GS27@Gs4@EN) , whether or not the proceedings on the purported complaint have been finally determined; and > > > > > > > (b) to the public officer who made the purported complaint in the name of, and on behalf of, an agency, Department or instrumentality, whether or not the public officer was employed in that agency, Department or instrumentality. > > > (6)  [*\[Section 27 Subsection (6) inserted by No. 33 of 2009, s. 4, Applied:19 Jun 2009\]*](/view/html/inforce/2009-06-19/act-2009-033#GS4@EN) If before the commencement of [subsection (4)](#GS27@Gs4@EN) a matter purporting to be a complaint referred to in that subsection has been dismissed by a court on the basis that the purported complainant is not a person who has the legal capacity to bring a complaint, that subsection – > > > > > > (a) does not apply to that purported complaint; and > > > > > > > (b) does not affect the decision of the court.