Legal Profession Act 2006
407Appointment of investigator for complaint
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407 Appointment of investigator for complaint (1) The relevant council for a person may appoint a suitably qualified person to investigate a complaint about the person. nominating the occupant of a position (see Legislation Act, s 207). Note 3 An appointment may be made generally to apply for all complaints or for all complaints of a stated class or for a stated complaint (see Legislation Act, s 48). (2) An appointment may be made subject to conditions— (a) stated in the instrument of appointment; or (b) stated in a written notice given by the relevant council to the investigator during the term of appointment; or (c) prescribed by regulation.
Investigation of complaints Part 4.4 (3) The relevant council may end the appointment of an investigator if the investigator breaches a condition of appointment. 408 Application of ch 6 to complaint investigations Chapter 6 (Investigations) applies to an investigation under this part. 409 Referral of matters for costs assessment—complaint investigation (1) For investigating a complaint, the relevant council for an Australian legal practitioner may refer a matter to the Supreme Court for an assessment of costs charged or claimed by the practitioner. (2) The referral may be made outside the 12-month period mentioned in section 294A (5) (Application by client or third party payer for costs assessment). (3) In deciding whether to refer a matter for a costs assessment, the relevant council must consider whether the client was aware of the client’s right to apply for an assessment within the 60-day period and, if the client was aware, whether the referral may cause significant injustice to the legal practitioner. (4) Subject to this section, division 3.2.7 (Costs assessment) applies to the costs assessment as if the relevant council were a client of the