397Person to be told about complaint

397 Person to be told about complaint (1) The relevant council for a person about whom a complaint is made must give written notice to the person of the making of a complaint about the person. (2) The person must be given the notice as soon as practicable after the day the complaint is made.

(3) The notice must also tell the person about— (a) the nature of the complaint; and (b) the identity of the complainant; and (c) any action already taken by the relevant council in relation to the complaint; and (d) the person’s right to make submissions to the council within the reasonable period stated in the notice, unless the council has told the person that the council has dismissed or intends to dismiss the complaint. (4) Subsection (1) does not apply if the relevant council considers that the giving of the notice will, or is likely to— (a) prejudice the investigation of the complaint; or (b) prejudice an investigation by the police or other investigatory or law enforcement body of anything related to the complaint; or (c) place the complainant or anyone else at risk of intimidation or harassment; or (d) prejudice a pending court proceeding. (5) In circumstances mentioned in subsection (4), the relevant council may— (a) postpone giving the person the notice until it considers it is appropriate to give the notice; or (b) at its discretion— (i) give written notice to the person of the general nature of the complaint; and (ii) if the relevant council considers that the person has sufficient information to make submissions—tell the person about the person’s right to make submissions within the reasonable period stated in the notice.

(6) This section does not require the relevant council to give written notice under this section to a person about whom a complaint is made until the relevant council has had time to consider the complaint, seek further information about the complaint from the complainant or otherwise undertake preliminary inquiries into the complaint and properly prepare the notice.