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Legal Profession Act 2006
399Summary dismissal of complaints
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399 Summary dismissal of complaints
(1) The relevant council for a person about whom a complaint is made
may dismiss a complaint about the person if—
(a) further information is not given, or the complaint or further
information is not verified, as required by the council under
section 396 (Further information and verification—complaints);
or
(b) the complaint is vexatious, misconceived, frivolous or lacking
in substance; or
(c) the complaint was made more than 3 years after the conduct
complained of is alleged to have happened, unless a decision is
made under section 395 (2) (Complaints made more than 3 years
after conduct) in relation to the complaint; or
(d) the conduct complained about has been the subject of a previous
complaint that has been dismissed; or
(e) the conduct complained about is the subject of another
complaint; or
(f) for a person who was an Australian legal practitioner—it is not
in the public interest to deal with the complaint having regard to
the fact that the name of the person has already been removed
from any Australian roll in which the person was enrolled as a
legal practitioner; or
(g) the complaint is not a complaint that the council has power to
deal with.
(2) The relevant council may dismiss a complaint under this section
without completing an investigation if, having considered the
complaint, the council forms the view that the complaint requires no
further investigation.